Montrose Municipal Court – Montrose, WV

by | Oct 28, 2021

A municipal court is a court with small area of authority over criminal offenses and civil disputes inside its location. These courts can be located at the city or county tier.

Montrose Municipal Court INformation

Court: Montrose Municipal Court
Address: “PO Box 84, Montrose, WV 26283”
Phone: 304-636-2329

City: Montrose
County: Randolph
State: West Virginia

What is the role of the Montrose Municipal Court?

Municipal Courts are routinely called “courts of limited jurisdiction.” This means that they work with minor crimes, civil disputes, and traffic matters. Courts like Montrose 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 divorce or other family matters, accident cases, more serious criminal charges, or breaches of contract.

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

TYPES OF Matters seen IN A MUNICIPAL COURT in Montrose, 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 serve their population or to save money on costs. The cases that could be heard by a municipal court depend on the municipality, but typically include traffic matters, low level crimes and code violations.

You will not find a standard for what makes a misdemeanor 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

how are cases managed in the municipal court in Montrose?

Municipal courts are the first tier of the court system in the United States. They have jurisdiction over minor crimes, traffic violations, and other civil matters. Municipal courts are popularly known 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 assist for a specific time period.

Magistrates manage hearings to determine:

  • Probable cause for arrest
  • Set bail amounts and the conditions of release
  • Conduct arraignment hearings when charges are filed against individuals by police officers
  • Distribute search warrants to police officers in order to secure evidence from crime locations
  • start preliminary examinations to determine if there is enough evidence to mount a charge

The usual process of a Municipal Court Case

The common path of a municipal court case can be tricky. The following is an overview of the common items involved in a regular municipal court case.

Step One: Issuance of Summons

A court summons is sent when a person has been charged with violating a local ordinance or state law. The person who has received the summons will need to show up at their assigned time and place, which is usually the municipal courtroom, to respond for the charge(s) against them. If they fail to appear, 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 Montrose, WV

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

A violation is an offense that carries a penalty of $500 or less, while a misdemeanor crime can carry penalties up to $1,000.00 or one year in 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 license for it then you could be fined up to $2,000 or spend up to six months in jail.

Montrose Municipal Court Records

Municipal Court records from a municipal court 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, what stage it is at in the process, and what kind of of information is needed by law to be present.

FAQs ABOUT the Montrose Municipal Court

What is municipal court in Montrose, West Virginia?

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

What does the municipal court handle in Montrose, West Virginia?

Depending on the scope 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 Montrose 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 duration or until they retire. Judges are sometimes elected by the people with each precinct’s results weighted based on population. Municipal magistrates are often not attorneys but have some legal education and must complete several hours of ongoing courses every period to maintain their licenses.