Sand Fork Municipal Court – Sand Fork, WV

Oct 28, 2021

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

Sand Fork Municipal Court INformation

Court: Sand Fork Municipal Court
Address: “PO Box 88, Sand Fork, WV 26430”
Phone: 304-804-2117

City: Sand Fork
County: Gilmer
State: West Virginia

What is the role of the Sand Fork Municipal Court?

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

In other situations, the role 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, personal injury cases, more serious criminal charges, or lawsuits.

County courts have the jurisdiction to deal with misdemeanors and civil matters that can’t exceed the amount of $15,000, while the circuits courts handle felony matters and bigger civil cases.

TYPES OF Matters adjudicated IN A MUNICIPAL COURT in Sand Fork, 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 jurisdictions share municipal courts with other municipalities.

This can be done to better service their population or to save money on administrative costs. The cases that could be heard by a municipal court can change based on on the municipality, but typically include traffic crimes, criminal misdemeanors and code infractions.

You will not see a set definition for what makes a misdemeanor crime versus a felony, 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 Sand Fork?

Municipal courts are the entry level of the court system in the United States. They have jurisdiction over minor crimes, traffic crimes, and other civil matters. Municipal courts are have often been called city courts or town courts. Matters 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 duration.

Judges preside over hearings to determine:

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

The typical process of a Municipal Court Case

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

First Step: An Issuance of Summons

A court summons is issued when an individual has been charged with violating a city ordinance or state law. The individual who has received the summons will need to be present 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 given a jail sentence if it’s a serious enough offense.

Second Step: 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 Sand Fork, WV

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

A violation is an offense that carries a penalty of $500 or below, while a misdemeanor 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 crimes in municipal courts vary depending on the severity of an crimes. For example, if you are caught with marijuana without having a prescription for it then you could be fined up to $2,000 or spend up to six months in jail.

Sand Fork 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 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 available.

FAQs ABOUT the Sand Fork Municipal Court

What is municipal court in Sand Fork, West Virginia?

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

What does the municipal court handle in Sand Fork, 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 Sand Fork 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 duration or until they retire. Judges are sometimes elected by precincts with each precinct’s results evaluated according to population. Municipal magistrates are generally not attorneys but have some legal education and must finish several hours of continuing courses every period to maintain their licenses.