McMechen Municipal Court – McMechen, WV

by | Oct 28, 2021

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

McMechen Municipal Court INformation

Court: McMechen Municipal Court
Address: “47 9th Street, McMechen, WV 26040”
Phone: 304-232-3140

City: McMechen
County: Marshall
State: West Virginia

What is the role of the McMechen Municipal Court?

Municipal Courts are routinely called “courts of limited jurisdiction.” Which means that they handle minor criminal charges, civil matters, and traffic violations. Courthouses like McMechen Municipal Court are the first level of court for this group of matters.

On the other hand, the purpose of a county court is to deal with a large number of civil disputes within the respective region. Most cases involve family law matters, personal injury, more serious criminal charges, or breaches of contract.

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

TYPES OF affairs HEARD IN A MUNICIPAL COURT in McMechen, West Virginia

Municipal courts are the bottom rung of courts in the U.S.. They are usually found within the jurisdiction where they are located, but some locales share municipal courts with other municipalities.

This can be done to better help their population or to save money on costs. The cases that may be heard by a municipal court vary depending on the municipality, but typically include traffic matters, low level crimes and code infractions.

There is no set definition for what constitutes a misdemeanor crime 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 is the procedure for cases in the municipal court in McMechen?

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 handled by a magistrate who is usually a lawyer, judge, or retired judge. Magistrates may be appointed by the mayor or city council members to help for a specific time period.

Judges administer hearings to determine:

  • Probable cause for arrest
  • Set bail amounts and terms of release
  • Conduct arraignment hearings when charges are filed against defendants by police officers
  • Distribute search warrants to police officers in order to protect evidence from crime locations
  • Conduct preliminary inquiries to establish if there is enough evidence to charge

The typical process of a Municipal Court matter

The common 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.

Step One: An Issuance of Summons

A summons is given when a person has been charged with violating a town ordinance or state law. The person who has received the summons from the court 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 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.

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 McMechen, 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 100% accurate for the McMechen Municipal Court. 

A violation is an offense that carries a penalty of $500 or less, while a misdemeanor charge can carry penalties up to $1000 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 courthouses vary depending on the severity of an charges. 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.

McMechen Municipal Court Records

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

FAQs ABOUT the McMechen Municipal Court

What is municipal court in McMechen, West Virginia?

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

What does the municipal court handle in McMechen, 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. Serious cases/crimes are deal with by higher authorities.

How many judges does the McMechen 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 courthouse judge may be either elected or appointed to serve for a set duration or until retirement. Judges are commonly chosen by the people with each precinct’s results weighted based on the number of people. Municipal magistrates are often not attorneys but have some legal education and must complete multiple hours of continuing material every year to maintain their licenses.