Lost Creek Municipal Court – Lost Creek, WV

Oct 28, 2021

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

Lost Creek Municipal Court INformation

Court: Lost Creek Municipal Court
Address: “PO Box 216, Lost Creek, WV 26385”
Phone: 304-745-3466

City: Lost Creek
County: Harrison
State: West Virginia

What is the purpose of the Lost Creek Municipal Court?

Municipal Courts are often called “courts of limited jurisdiction.” Which means that they work with minor crimes, civil disputes, and traffic violations. Courts like Lost Creek 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 family law matters, accident cases, more serious criminal infractions, or contract disputes.

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

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

Municipal courts are the bottom rung of courthouses in the U.S.. 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 help their citizens or to save money on expenditures. The cases that will be heard by a municipal court vary depending on the municipality, but typically include traffic crimes, low level crimes and code violations.

You will not see a set definition for what establishes a misdemeanor charge 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 managed in the municipal court in Lost Creek?

Municipal courts are the lowest level of the court system in the United States. They have jurisdiction over minor crimes, traffic violations, and other civil matters. Municipal courts are have often been called city courts or town courts. Matters are managed by a magistrate who is usually a lawyer, judge, or retired judge. Magistrates may be appointed by the mayor or city council board to assist for a specific time.

Judges manage hearings to determine:

Probable cause for arrest
Set bail amounts and the conditions of release
Conduct arraignment hearings when charges are filed against suspects by police officers
Issue search warrants to police officers in order to secure evidence from crime locations
start preliminary examinations to establish if there is enough evidence to mount a charge

The typical process of a Municipal Court matter

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

First Step: Issuance of Summons

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

Step Two: Appearance before Judge or Magistrate

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

Municipal Court Penalties in Lost Creek, WV

Penalties change often, which is why it’s best to speak with licensed attorney. The material below represents common penalties, but may not be accurate for the Lost Creek Municipal Court.

A violation is an offense that has a penalty of $500 or less, while a misdemeanor can possess penalties up to $1000 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 charges in municipal courts vary depending on the severity of an offenses. For example, if you are caught with marijuana without having a medical prescription for it then you will be fined up to $2k or spend up to six months in jail.

Lost Creek Municipal Court Records

Municipal Court records from a municipal government could 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, what stage it is at in the process, and what type of information is needed by law to be present.

FAQs ABOUT the Lost Creek Municipal Court

What is municipal court in Lost Creek, West Virginia?

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

What does the municipal court handle in Lost Creek, West Virginia?

Depending on the size 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. More serious cases/crimes are deal with by higher authorities.

How many judges does the Lost Creek Municipal Court have?

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

How are cases heard in municipal courts in West Virginia?

A municipal court 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 judged based on the number of people. Municipal magistrates are often not attorneys but have some legal training and must complete multiple hours of continuing courses every year to maintain their credentials.