Middlebourne Municipal Court – Middlebourne, WV

by | Oct 28, 2021

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

Middlebourne Municipal Court INformation

Court: Middlebourne Municipal Court
Address: “100 Main Street, Middlebourne, WV 26149”
Phone: 304-758-4771

City: Middlebourne
County: Tyler
State: West Virginia

What is the role of the Middlebourne Municipal Court?

Municipal Courts are commonly called “courts of limited jurisdiction.” Which means that they work with minor criminal charges, civil disputes, and traffic violations. Courts like Middlebourne 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 law matters, personal injury, more serious criminal charges, or lawsuits.

County courts have the jurisdiction to deal with misdemeanors and civil matters that can not exceed the amount of $15,000.00, while the circuits courts handle felony matters and bigger civil cases.

TYPES OF Matters HEARD IN A MUNICIPAL COURT in Middlebourne, West Virginia

Municipal courts are the lowest level of courthouses in the U.S.. 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 costs. The matters that may be heard by a municipal court can change based on on the municipality, but typically include traffic crimes, low level crimes and code violations.

You will not find a standard for what constitutes a misdemeanor charge versus a felony case, 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 Middlebourne?

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 often known as city courts or town courts. Cases 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 period.

Magistrates administer hearings to determine:

  • Probable cause for an arrest
  • Set bail amounts and 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 seize evidence from crime scenes
  • Conduct preliminary inquiries to establish if there is enough evidence to mount a charge

The common process of a Municipal Court Case

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

Step One: An Issuance of Summons

A court summons is given when a person has been charged with violating a town rule or state law. The individual who has received the court 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 never appear, they may be found guilty in absentia and could be fined up to $1000 or sentenced to jail time if it’s a serious enough offense.

Step Two: 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 Middlebourne, WV

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

A violation is an offense that has a penalty of $500 or below, while a misdemeanor charge can possess 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 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 could be fined up to $2k or spend up to six months in jail.

Middlebourne 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, where it’s at in the process, and what kind of of information is required by law to be present.

Common Questions ABOUT the Middlebourne Municipal Court

What is municipal court in Middlebourne, West Virginia?

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

What does the municipal court handle in Middlebourne, 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 Middlebourne 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 term of years or until retirement. Judges are commonly elected by precincts with each precinct’s results judged according to population. Municipal magistrates are often not attorneys but have some legal training and must complete many hours of ongoing courses every period to maintain their licenses.