Weston Municipal Court – Weston, WV

by | Oct 28, 2021

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

Weston Municipal Court INformation

Court: Weston Municipal Court
Address: “102 West 2nd Street, Weston, WV 26452”
Phone: 304-269-6141

City: Weston
County: Lewis
State: West Virginia

What is the role of the Weston Municipal Court?

Municipal Courts are often called “courts of limited jurisdiction.” Which means that they handle minor criminal charges, civil disputes, and traffic tickets. Courts like Weston Municipal Court are the first level of court for these types of cases.

On the other hand, the role of a county court is to deal with a large number of civil disputes within the respective region. Most cases involve family law matters, personal injury cases, more serious criminal infractions, 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 more expansive civil cases.

TYPES OF affairs seen IN A MUNICIPAL COURT in Weston, 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 locales share municipal courts with other municipalities.

This can be done to better service their people or to save money on overhead costs. The matters that may 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 find a standard for what constitutes 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

what is the procedure for cases in the municipal court in Weston?

Municipal courts are the lowest 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. Cases are handled by a magistrate who is usually a lawyer, judge, or retired judge. Magistrates may be appointed by the mayor or city council board to help for a specific period of time.

Magistrates administer hearings to determine:

  • Probable cause for an arrest
  • Set bail amounts and conditions of release
  • Conduct arraignment hearings when charges are filed against individuals by police officers
  • Distribute search warrants to law enforcement officers in order to protect evidence from crime scenes
  • start preliminary inquiries to learn if there is enough evidence to mount a charge

The typical process of a Municipal Court Case

The common path of a municipal court case can be difficult to navigate. The following is an overview of the steps involved in a typical municipal court case.

First Step: An Issuance of Summons

A summons is issued when an individual has been charged with violating a town ordinance or state law. The individual who has received the court summons will need to be present at their assigned time and place, which is usually the municipal courtroom, to answer 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.

Second Step: 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 individual. 

Municipal Court Penalties in Weston, 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 Weston Municipal Court. 

A violation is a crime that carries a penalty of $500 or less, while a misdemeanor charge can carry penalties up to $1000 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 offenses in municipal courthouses vary depending on the severity of an offenses. 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.

Weston Municipal Court Records

Municipal Court records from a municipal government could 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 matter they have in front of the court, what stage it is at in the process, and what kind of of information is required by law to be present.

FAQs ABOUT the Weston Municipal Court

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

What does the municipal court handle in Weston, 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 deal with by higher authorities.

How many judges does the Weston 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 commonly chosen by the people with each precinct’s results evaluated based on population. Municipal magistrates are generally not lawyers but have some legal training and must complete multiple hours of ongoing courses every period to maintain their licenses.