Wardensville Municipal Court – Wardensville, WV

Oct 28, 2021

A municipal court is a court with small jurisdiction over criminal offenses and civil disputes inside its location. These courts can be found at the city or county level.

Wardensville Municipal Court INformation

Court: Wardensville Municipal Court
Address: “301 East Main Street, PO Box 7, Wardensville, WV 26851”
Phone: 304-874-3950

City: Wardensville
County: Hardy
State: West Virginia

What is the purpose of the Wardensville Municipal Court?

Municipal Courts are commonly called “courts of limited jurisdiction.” Which means that they handle minor criminal charges, civil cases, and traffic violations. Courthouses like Wardensville 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 charges, or contract disputes.

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

TYPES OF Legal Matters HEARD IN A MUNICIPAL COURT in Wardensville, 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 jurisdictions share municipal courts with other municipalities.

This can be done to better service their citizens or to save money on expenditures. The matters that may be heard by a municipal court can change based on on the municipality, but typically include traffic violations, criminal misdemeanors and code violations.

You will not find a standard for what establishes a misdemeanor charge versus a felony crime, 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

how are cases managed in the municipal court in Wardensville?

Municipal courts are the first tier 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. Cases 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 assist for a specific period of time.

Magistrates preside over hearings to determine:

Probable cause for an arrest
Set bail amounts and terms of release
Conduct arraignment hearings when charges are filed against individuals by police officers
Distribute search warrants to police officers in order to seize evidence from crime locations
Conduct preliminary inquiries to establish if there is enough evidence to issue a charge

The common process of a Municipal Court Case

The common path of a municipal courthouse case can be complicated. The next portion is an overview of the common items involved in a typical municipal court matter.

First Step: Issuance of Summons

A summons from the court is given when an individual has been charged with violating a local ordinance or state law. The individual who has received the summons will need to appear at their assigned time and location, which is usually the municipal courtroom, to respond for the charge(s) against them. If they don’t appear, they may be found guilty anyways and could be fined up to $1000 or given a jail term if it’s a serious enough offense.

Second Step: Appearance before Judge or Magistrate

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

Municipal Court Penalties in Wardensville, WV

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

A violation is a crime that carries a penalty of $500 or less, while a misdemeanor can possess penalties up to $1k 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 medical prescription for it then you could be fined up to $2k or spend up to six months in jail.

Wardensville Municipal Court Records

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

Common Questions ABOUT the Wardensville Municipal Court

What is municipal court in Wardensville, 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 jurisdiction and have limited authority as well, dealing only with petty charges and misdemeanor crimes.

What does the municipal court handle in Wardensville, 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. Serious cases/crimes are handled by higher authorities.

How many judges does the Wardensville Municipal Court have?

The number of judges depends on the municipality’s population.

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 term of years or until they retire. Judges are commonly chosen by precincts with each precinct’s results judged according to the number of people. Municipal judges are generally not lawyers but have some legal training and must finish many hours of ongoing education every year to maintain their licenses.