Milton Municipal Court – Milton, WV

Oct 28, 2021

A municipal court is a court with limited area of authority over criminal offenses and civil matters within its geographic area. These courts can be found at the city or county level.

Milton Municipal Court INformation

Court: Milton Municipal Court
Address: “1139 Smith Street, PO Box 98, Milton, WV 25541”
Phone: 304-743-3032

City: Milton
County: Cabell
State: West Virginia

What is the purpose of the Milton Municipal Court?

Municipal Courts are routinely called “courts of limited jurisdiction.” This means that they work with minor crimes, civil cases, and traffic matters. Courts like Milton 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 law matters, injury cases, more serious criminal infractions, or contract disputes.

County courthouses have the jurisdiction to deal with misdemeanors and civil matters that can’t exceed the amount of $15k, while the circuits courts handle felony matters and bigger civil matters.

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

Municipal courts are the entry level of courthouses 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 service their population or to save money on costs. The matters that will be heard by a municipal court depend on the municipality, but typically include traffic violations, small criminal charges and code infractions.

You will not see a set definition for what constitutes a misdemeanor versus a felony crime, 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

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

Municipal courts are the entry level 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. Matters 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.

Judges preside over hearings to determine:

  • Probable cause for arrest
  • Set bail amounts and conditions 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 examinations to determine if there is enough evidence to issue a charge

The typical process of a Municipal Court matter

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

Step One: Issuance of Summons

A summons from the court is sent when an individual has been charged with violating a city rule or state law. The citizen who has received the summons from the court will need to show up at their assigned time and location, which is usually the municipal courtroom, to answer for the charge(s) against them. If they don’t come, 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: 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 Milton, 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 Milton Municipal Court. 

A violation is a crime that has a penalty of $500 or less, while a misdemeanor crime can possess 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 courthouses 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 $2,000 or spend up to six months in jail.

Milton 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 a person might need to depend on the type of matter 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.

Questions ABOUT the Milton Municipal Court

What is municipal court in Milton, West Virginia?

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

What does the municipal court handle in Milton, 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 handled by higher authorities.

How many judges does the Milton Municipal Court have?

The number 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 they retire. Judges are sometimes chosen by precincts with each precinct’s results evaluated according to the number of people. Municipal judges are generally not lawyers but have some legal education and must finish many hours of ongoing courses every period to maintain their licenses.