Kimball Municipal Court – Kimball, WV

by | Oct 28, 2021

A municipal court is a court with small jurisdiction over criminal charges and civil matters inside its location. These courts can be found at the county or city tier.

Kimball Municipal Court INformation

Court: Kimball Municipal Court
Address: “27737 Coal Heritage Road, PO Box 157, Kimball, WV 24853”
Phone: 304-585-7913

City: Kimball
County: McDowell
State: West Virginia

What is the role of the Kimball Municipal Court?

Municipal Courts are often called “courts of limited jurisdiction.” Which means that they work with minor crimes, civil matters, and traffic tickets. Courts like Kimball Municipal Court are the first level of court for these types of cases.

In other situations, the role of a county court is to deal with a large number of civil disputes within the respective region. Most cases involve divorce or other family matters, injury cases, more serious criminal infractions, or contract disputes.

County courts have the jurisdiction to deal with misdemeanors and civil actions that can’t exceed the amount of $15,000, while the circuits courts handle felony matters and more expansive civil matters.

TYPES OF CASES adjudicated IN A MUNICIPAL COURT in Kimball, West Virginia

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

This can be done to better assist their population or to save money on overhead costs. The cases that will be heard by a municipal court vary depending on the municipality, but typically include traffic crimes, small criminal charges and code infractions.

You will not find a standard for what establishes a misdemeanor crime versus a felony charge, but generally speaking felonies would require more time in jail than misdemeanor charges 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 Kimball?

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

Magistrates preside over hearings to determine:

  • Probable cause for arrest
  • Set bail amounts and terms of release
  • Conduct arraignment hearings when charges are filed against individuals by police officers
  • Issue search warrants to law enforcement officers in order to secure evidence from crime scenes
  • start preliminary examinations to learn if there is enough evidence to issue a charge

The usual process of a Municipal Court Case

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

Step One: Issuance of Summons

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

Step Two: Appearance before Judge or Magistrate

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

Municipal Court Penalties in Kimball, WV

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

A violation is an offense that carries a penalty of $500 or below, while a misdemeanor charge can possess 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 offenses in municipal courts vary depending on the severity of an offenses. For example, if you are caught with marijuana without having a prescription for it then you will be fined up to $2k or spend up to six months in jail.

Kimball Municipal Court Records

Municipal Court records from a municipal court may be difficult to find because they are not always stored in one location or system. The records that an individual might need to depend on the type of charge they have before the court, where it’s at in the process, and what type of information is needed by law to be available.

Questions ABOUT the Kimball Municipal Court

What is municipal court in Kimball, West Virginia?

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

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

Depending on the scope 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 Kimball 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 elected by precincts with each precinct’s results evaluated based on population. Municipal judges are often not attorneys but have some legal training and must complete several hours of continuing education every period to maintain their credentials.