Montgomery Municipal Court – Montgomery, WV

Oct 28, 2021

A municipal court is a court with restrictive area of authority over criminal charges and civil disputes within its geographic area. These courts can be found at the city or county tier.

Montgomery Municipal Court INformation

Court: Montgomery Municipal Court
Address: “706 3rd Avenue, Montgomery, WV 25136”
Phone: 304-442-5181

City: Montgomery
County: Fayette
State: West Virginia

What is the purpose of the Montgomery Municipal Court?

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

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 divorce or other family matters, accident cases, more serious criminal charges, or breaches of contract.

County courthouses have the jurisdiction to deal with misdemeanors and civil actions that won’t exceed the amount of $15,000.00, while the circuits courts handle felonies and bigger civil matters.

TYPES OF affairs seen IN A MUNICIPAL COURT in Montgomery, 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 assist their people or to save money on overhead costs. The matters that will be heard by a municipal court vary depending on the municipality, but typically include traffic crimes, criminal misdemeanors and code infractions.

You will not see a set definition for what establishes a misdemeanor versus a felony, 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’s the process for cases in the municipal court in Montgomery?

Municipal courts are the first level 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 an attorney, 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 suspects by police officers
Issue search warrants to law enforcement officers in order to secure evidence from crime scenes
start preliminary inquiries to establish if there is enough evidence to mount a charge

The Process of a Municipal Court matter

The common process of a municipal court case can be difficult to navigate. The next portion is an overview of the common items involved in a regular municipal court matter.

First Step: An 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 citizen who has received the summons will need to show up at their assigned time and location, which is usually the municipal courtroom, to respond for the charge(s) against them. If they don’t show up, they may be found guilty anyways and could be fined up to $1000 or sentenced to jail time if it’s a serious enough offense.

Step Two: Appearance before Judge or Magistrate

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

Municipal Court Penalties in Montgomery, WV

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

A violation is a crime that carries a penalty of $500 or below, while a misdemeanor charge can have 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 crimes. For example, if you are caught with marijuana without having a medical prescription for it then you will be fined up to $2,000 or spend up to six months in jail.

Montgomery Municipal Court Records

Municipal Court records from a municipal government could be difficult to find because they are not always stored in one place or system. The records that an individual might need to depend on the type of case they have before the court, where it’s at in the process, and what type of information is needed by law to be present.

FAQs ABOUT the Montgomery Municipal Court

What is municipal court in Montgomery, West Virginia?

In West Virginia, the municipal court is a lower level with civil and criminal jurisdiction within a town or municipality. Municipal courts will have a small jurisdiction and have limited authority as well, dealing only with petty crimes and misdemeanors.

What does the municipal court handle in Montgomery, 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 Montgomery 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 court judge may be either elected or appointed to serve for a set term of years or until they retire. Judges are commonly elected by precincts with each precinct’s results evaluated according to the number of people. Municipal magistrates are generally not attorneys but have some legal training and must finish many hours of continuing education every period to maintain their licenses.