Lumberport Municipal Court – Lumberport, WV

Oct 28, 2021

A municipal court is a court with restrictive jurisdiction over criminal charges and civil disputes within its location. These courts can be located at the city or county level.

Lumberport Municipal Court INformation

Court: Lumberport Municipal Court
Address: “119 George Street, PO Box 519, Lumberport, WV 26386”
Phone: 304-584-4370

City: Lumberport
County: Harrison
State: West Virginia

What is the purpose of the Lumberport Municipal Court?

Municipal Courts are commonly called “courts of limited jurisdiction.” This means that they work with minor crimes, civil disputes, and traffic matters. Courts like Lumberport Municipal Court are the first level of court for this group of matters.

In other situations, 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, personal injury, more serious criminal infractions, or breaches of contract.

County courthouses have the jurisdiction to deal with misdemeanors and civil actions that can’t exceed the amount of $15,000.00, while the circuits courts handle felonies and larger civil cases.

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

Municipal courts are the entry level 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 service their population or to save money on expenditures. The cases that could be heard by a municipal court vary depending on the municipality, but typically include traffic crimes, low level criminal charges and code infractions.

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

What’s the process for cases in the municipal court in Lumberport?

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

Magistrates preside over hearings to determine:

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

The usual process of a Municipal Court Case

The process of a municipal court case can be complicated. The following material is an overview of the steps involved in a regular municipal court case.

First Step: Issuance of Summons

A summons from the court is issued when a person has been charged with violating a city rule or state law. The individual who has received the summons will need to appear at their assigned time and courthouse, 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 $1,000.00 or given a jail sentence if it’s a serious enough offense.

Second Step: 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 Lumberport, WV

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

A violation is a crime that carries a penalty of $500 or less, while a misdemeanor can have penalties up to $1k or one year in local 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 charges. 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.

Lumberport Municipal Court Records

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

Common Questions ABOUT the Lumberport Municipal Court

What is municipal court in Lumberport, West Virginia?

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

What does the municipal court handle in Lumberport, 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 Lumberport Municipal Court have?

The count 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 duration or until they retire. Judges are commonly elected by the people with each precinct’s results evaluated according to the number of people. Municipal magistrates are generally not lawyers but have some legal education and must complete several hours of continuing material every period to maintain their credentials.