Gassaway Municipal Court – Gassaway, WV

Oct 28, 2021

A municipal court is a court with small area of authority over criminal offenses and civil disputes within its area. These courts can be located at the city or county tier.

Gassaway Municipal Court INformation

Court: Gassaway Municipal Court
Address: “416 Elk Street, PO Box 147, Gassaway, WV 26624”
Phone: 304-364-5111

City: Gassaway
County: Braxton
State: West Virginia

What is the role of the Gassaway Municipal Court?

Municipal Courts are routinely called “courts of limited jurisdiction.” This means that they deal with minor criminal charges, civil disputes, and traffic tickets. Courts like Gassaway Municipal Court are the first level of court for these types of cases.

On the other hand, the purpose of a county court is to deal with a large number of civil disputes within the respective region. Most cases involve family matters, injury cases, more serious criminal charges, or breaches of contract.

County courthouses have the jurisdiction to deal with misdemeanors and civil matters that can not exceed the amount of $15,000.00, while the circuits courts handle felony cases and bigger civil matters.

TYPES OF Matters seen IN A MUNICIPAL COURT in Gassaway, West Virginia

Municipal courts are the bottom rung of courts in the United States. They are usually found within the jurisdiction where they are located, but some places share municipal courts with other municipalities.

This can be done to better help their people or to save money on administrative costs. The matters that could be heard by a municipal court can change based on on the municipality, but typically include traffic tickets, low level crimes and code violations.

There is no set definition for what makes a misdemeanor crime versus a felony crime, but generally speaking felonies would require more time in jail than misdemeanors and fines may also be higher for felonies. Traffic violations usually result in points against your driver’s license as well

How are cases handled in the municipal court in Gassaway?

Municipal courts are the first tier of the court system in the United States. They have jurisdiction over minor crimes, traffic crimes, and other civil matters. Municipal courts are often known as city courts or town courts. Matters are handled by a magistrate who is usually an attorney, judge, or retired judge. Magistrates may be appointed by the mayor or city council board to serve for a specific period of time.

Judges manage hearings to determine:

Probable cause for arrest
Set bail amounts and conditions of release
Conduct arraignment hearings when charges are filed against individuals by police officers
Distribute search warrants to police officers in order to protect evidence from crime locations
Conduct preliminary inquiries to determine if there is enough evidence to mount a charge

The Process of a Municipal Court matter

The common process of a municipal courthouse case can be complicated. The following is an overview of the most common steps involved in a typical municipal court case.

Step One: Issuance of Summons

A summons from the court is sent when an individual has been charged with violating a town ordinance or state law. The person who has received the summons will need to be present at their assigned time and place, which is usually the municipal courtroom, to respond for the charge(s) against them. If they don’t show up, they may be found guilty anyways and could be fined up to $1k or given a jail term if it’s a serious enough offense.

Step Two: Show Up before Judge or Magistrate

If someone fails to respond after being summoned by the judge, there may be a warrant issued for the individual.

Municipal Court Penalties in Gassaway, WV

Penalties change often, which is why it’s best to speak with licensed lawyer near you. The material below represents common penalties, but may not be 100% accurate for the Gassaway Municipal Court.

A violation is an offense that carries a penalty of $500 or less, while a misdemeanor charge can carry penalties up to $1k or one year in jail. A person’s driving privileges may be suspended for six months if they receive three speeding tickets within 12 months.

The penalties for different crimes in municipal courthouses vary depending on the severity of an crimes. For example, if you are caught with marijuana without having a license for it then you could be fined up to $2k or spend up to six months in jail.

Gassaway Municipal Court Records

Municipal Court records from a municipal government could be difficult to find because they are not always stored in one area or system. The records that a person might need to depend on the type of case they have before the court, what stage it is at in the process, and what type of information is needed by law to be present.

FAQs ABOUT the Gassaway Municipal Court

What is municipal court in Gassaway, West Virginia?

In West Virginia, the municipal court is a lower court with civil and criminal jurisdiction within a town or municipality. Municipal courts will have a small location and have limited authority as well, dealing only with petty charges and misdemeanor crimes.

What does the municipal court handle in Gassaway, West Virginia?

Depending on the area of the municipality, a municipal court can handle a civil division (cases with less than $15,000 at issue), a traffic/criminal division, or a housing and environmental division. Serious cases/crimes are handled by higher authorities.

How many judges does the Gassaway Municipal Court have?

The number of judges depends on the municipality’s size.

How are cases heard in municipal courts in West Virginia?

A municipal courthouse judge may be either elected or appointed to serve for a set term of years or until retirement. Judges are commonly chosen by the people with each precinct’s results weighted based on the number of people. Municipal judges are often not attorneys but have some legal training and must finish several hours of ongoing courses every year to maintain their credentials.