Wellsburg Municipal Court – Wellsburg, WV

Oct 28, 2021

A municipal court is a court with limited jurisdiction over criminal offenses and civil disputes within its area. These courts can be located at the county or city level.

Wellsburg Municipal Court INformation

Court: Wellsburg Municipal Court
Address: “70 7th Street, Wellsburg, WV 26070”
Phone: 304-737-2104

City: Wellsburg
County: Brooke
State: West Virginia

What is the purpose of the Wellsburg Municipal Court?

Municipal Courts are often called “courts of limited jurisdiction.” This means that they handle minor criminal charges, civil disputes, and traffic matters. Courts like Wellsburg 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, injury cases, more serious criminal charges, or breaches of contract.

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

TYPES OF CASES seen IN A MUNICIPAL COURT in Wellsburg, West Virginia

Municipal courts are the lowest level of courthouses in the United States. 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 service their people or to save money on costs. The matters that will be heard by a municipal court depend on the municipality, but typically include traffic tickets, low level crimes and code infractions.

You will not see a set definition for what makes a misdemeanor versus a felony charge, 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

How are cases handled in the municipal court in Wellsburg?

Municipal courts are the entry 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. Matters 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 duration.

Judges manage hearings to determine:

Probable cause for 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 protect evidence from crime locations
Conduct preliminary examinations to understand if there is enough evidence to mount a charge

The Process of a Municipal Court Case

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

First Step: Issuance of Summons

A summons is sent when a person has been charged with violating a local rule or state law. The person who has received the summons will need to be present at their assigned time and location, which is usually the municipal courtroom, to respond for the charge(s) against them. If they don’t come, they may be found guilty anyways and could be fined up to $1,000.00 or given a jail term if it’s a serious enough offense.

Step Two: Show Up 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 Wellsburg, WV

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

A violation is an offense that carries a penalty of $500 or less, while a misdemeanor crime can have 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 courts vary depending on the severity of an charges. For example, if you are caught with marijuana without having a prescription for it then you will be fined up to $2k or spend up to six months in jail.

Wellsburg Municipal Court Records

Municipal Court records from a municipal government may 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 matter they have before the court, where it’s at in the process, and what kind of of information is needed by law to be present.

Common Questions ABOUT the Wellsburg Municipal Court

What is municipal court in Wellsburg, West Virginia?

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

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

How many judges does the Wellsburg 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 duration or until they retire. Judges are commonly chosen by the people with each precinct’s results weighted according to population. Municipal judges are often not lawyers but have some legal education and must complete multiple hours of ongoing courses every year to maintain their licenses.