Madison Municipal Court – Madison, WV

Oct 28, 2021

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

Madison Municipal Court INformation

Court: Madison Municipal Court
Address: “255 Washington Avenue, Madison, WV 25130”
Phone: 304-369-2762

City: Madison
County: Boone
State: West Virginia

What is the purpose of the Madison Municipal Court?

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

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, injury cases, more serious criminal infractions, or breaches of contract.

County courthouses have the jurisdiction to deal with misdemeanors and civil actions that can not exceed the amount of $15,000.00, while the circuits courts handle felonies and more expansive civil matters.

TYPES OF Matters HEARD IN A MUNICIPAL COURT in Madison, 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 serve their people or to save money on expenditures. The matters that could be heard by a municipal court depend on the municipality, but typically include traffic matters, criminal misdemeanors and code violations.

You will not find a standard for what constitutes a misdemeanor crime versus a felony, 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 Madison?

Municipal courts are the first 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 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 assist for a specific time period.

Magistrates administer hearings to determine:

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

The Process of a Municipal Court matter

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

Step One: Issuance of Summons

A summons from the court is issued when an individual has been charged with violating a local ordinance or state law. The individual who has received the summons will need to be present at their assigned time and place, which is usually the municipal courtroom, to answer for the charge(s) against them. If they fail to appear, they may be found guilty in absentia and could be fined up to $1,000.00 or sentenced to jail time 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 Madison, 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 Madison Municipal Court.

A violation is a crime that carries a penalty of $500 or below, while a misdemeanor charge can have penalties up to $1,000.00 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 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 will be fined up to $2k or spend up to six months in jail.

Madison 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 matter they have in front of the court, where it’s at in the process, and what type of information is needed by law to be available.

Common Questions ABOUT the Madison Municipal Court

What is municipal court in Madison, West Virginia?

In West Virginia, the municipal court is a lower court with civil and criminal matters within a city or municipality. Municipal courts will 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 Madison, 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. Serious cases/crimes are handled by higher authorities.

How many judges does the Madison Municipal Court have?

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

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 they retire. Judges are sometimes chosen by the people with each precinct’s results weighted based on the number of people. Municipal magistrates are generally not lawyers but have some legal education and must finish several hours of ongoing material every period to maintain their licenses.