Whitesville Municipal Court – Whitesville, WV

Oct 28, 2021

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

Whitesville Municipal Court INformation

Court: Whitesville Municipal Court
Address: “39140 Coal River Road, PO Box 475, Whitesville, WV 25209”
Phone: 304-854-2658

City: Whitesville
County: Boone
State: West Virginia

What is the role of the Whitesville Municipal Court?

Municipal Courts are often called “courts of limited jurisdiction.” This means that they work with minor crimes, civil cases, and traffic incidents. Courthouses like Whitesville Municipal Court are the first level of court for this group of matters.

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 family law matters, accident 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 bigger civil matters.

TYPES OF Legal Matters seen IN A MUNICIPAL COURT in Whitesville, West Virginia

Municipal courts are the entry level of courts in the United States. 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 assist their population or to save money on costs. The matters that could be heard by a municipal court depend on the municipality, but typically include traffic crimes, criminal misdemeanors and code violations.

There is no set definition for what constitutes a misdemeanor charge versus a felony, 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

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

Municipal courts are the lowest level of the court system in the United States. They have jurisdiction over minor crimes, traffic tickets, and other civil matters. Municipal courts are popularly known 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 members to help for a specific duration.

Magistrates manage hearings to determine:

Probable cause for an arrest
Set bail amounts and the conditions of release
Conduct arraignment hearings when charges are filed against defendants by police officers
Issue search warrants to police officers in order to secure evidence from crime scenes
Conduct preliminary examinations to understand if there is enough evidence to mount a charge

The common 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 regular municipal court matter.

First Step: An Issuance of Summons

A summons is issued when a person has been charged with violating a town rule or state law. The person 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 show up, they may be found guilty anyways and could be fined up to $1k or sentenced to jail time 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 Whitesville, WV

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

A violation is an offense that carries a penalty of $500 or less, while a misdemeanor can carry penalties up to $1,000.00 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 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 $2k or spend up to six months in jail.

Whitesville 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 type of matter they have in front of the court, where it’s at in the process, and what kind of of information is required by law to be available.

FAQs ABOUT the Whitesville Municipal Court

What is municipal court in Whitesville, West Virginia?

In West Virginia, the municipal court is a lower level with civil and criminal jurisdiction within a city or municipality. Municipal courts will have a small jurisdiction and have limited authority as well, dealing only with petty offenses and misdemeanors.

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

How many judges does the Whitesville 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 courthouse judge may be either elected or appointed to serve for a set term of years or until they retire. Judges are sometimes elected by precincts with each precinct’s results evaluated based on the number of people. Municipal magistrates are often not lawyers but have some legal education and must complete many hours of continuing courses every year to maintain their licenses.