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”
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?
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
First Step: An Issuance of Summons
Step Two: Appearance before Judge or Magistrate
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.