Marlinton Municipal Court – Marlinton, WV

by | Oct 28, 2021

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

Marlinton Municipal Court INformation

Court: Marlinton Municipal Court
Address: “709 2nd Avenue, Marlinton, WV 24954”
Phone: 304-799-4315

City: Marlinton
County: Pocahontas
State: West Virginia

What is the purpose of the Marlinton Municipal Court?

Municipal Courts are routinely called “courts of limited jurisdiction.” Which means that they work with minor criminal charges, civil cases, and traffic incidents. Courts like Marlinton 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 divorce or other family matters, accident cases, more serious criminal infractions, or lawsuits.

County courts have the jurisdiction to deal with misdemeanors and civil matters that won’t exceed the amount of $15,000.00, while the circuits courts handle felony matters and more expansive civil matters.

TYPES OF Legal Matters adjudicated IN A MUNICIPAL COURT in Marlinton, West Virginia

Municipal courts are the lowest level of courts 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 service their citizens or to save money on expenditures. The matters that may be heard by a municipal court vary depending on the municipality, but typically include traffic tickets, low level crimes and code violations.

You will not find a standard for what establishes a misdemeanor crime versus a felony case, 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

what is the procedure for cases in the municipal court in Marlinton?

Municipal courts are the first tier of the court system in the United States. They have jurisdiction over minor crimes, traffic tickets, and other civil matters. Municipal courts are often known as city courts or town courts. Cases 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 help for a specific time period.

Judges administer hearings to determine:

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

The common process of a Municipal Court Case

The common path of a municipal courthouse case can be difficult to navigate. The next portion is an overview of the steps involved in a typical municipal court matter.

First Step: Issuance of Summons

A court summons is sent when a person has been charged with violating a local ordinance or state law. The individual who has received the court summons will need to be present at their assigned time and location, which is usually the municipal courtroom, to respond for the charge(s) against them. If they don’t come, they may be found guilty anyways and could be fined up to $1000 or given a jail term if it’s a serious enough offense.

Second Step: Show Up before Judge or Magistrate

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

Municipal Court Penalties in Marlinton, WV

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

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

Marlinton Municipal Court Records

Municipal Court records from a municipal government may 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 matter they have in front of the court, where it’s at in the process, and what kind of of information is needed by law to be available.

FAQs ABOUT the Marlinton Municipal Court

What is municipal court in Marlinton, 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 area of influence and have limited authority as well, dealing only with petty offenses and misdemeanors.

What does the municipal court handle in Marlinton, 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. More serious cases/crimes are deal with by higher authorities.

How many judges does the Marlinton 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 duration or until they retire. Judges are sometimes chosen by the people with each precinct’s results judged based on the number of people. Municipal magistrates are often not lawyers but have some legal training and must complete several hours of ongoing courses every year to maintain their licenses.