How does magistrate court work in WV?
Magistrates have jurisdiction over civil cases in which the financial amount in dispute is less than ten thousand dollars. They hear misdemeanor cases and conduct preliminary examinations in felony cases.
What can magistrates issue?
They include driving offences, vandalism, criminal damage of low value, low-level violent offences and being drunk and disorderly. This kind of “lesser” criminality will be dealt with in summary proceedings at a magistrates’ court, where the defendant has no right to a jury trial and no formal indictment is necessary.
Is magistrate court a criminal court?
Nearly all criminal cases start in magistrates’ courts. The less serious offences are handled entirely in the magistrates’ court, in fact more than 95% of all cases are dealt with in this way. More serious offences are transferred to the crown court, to be dealt with by a judge and jury.
How many magistrate courts are there in WV?
There are 158 magistrates in West Virginia, at least two in every county and ten in the most populous county, Kanawha County.
What happens when you go before a magistrate?
Arraignment — After an Indictment or Information has been filed and arrest has been made, an Arraignment must take place before a Magistrate Judge. During an Arraignment, the accused, now called the defendant, is read the charges against him or her and advised of his or her rights.
What is a magistrates court summons?
An individual would have to attend the Magistrates Court if they are charged by the police, or if they receive a summons telling them to attend court. A failure to attend court when summoned may constitute to a criminal offence, and could lead to you being arrested and kept in police custody.
What sentences can a magistrates court impose?
If the case is to be dealt within a magistrates’ court, the defendant(s) are asked to enter a plea. If they plead guilty or are later found to be guilty, the magistrates can impose a sentence, generally of up to six months’ imprisonment for a single offence (12 months in total), or a fine of an unlimited amount.
What cases can be heard in a magistrates court?
A magistrates’ court normally handles cases known as ‘summary offences’, for example:
- most motoring offences.
- minor criminal damage.
- common assault (not causing significant injury)
What happens at first hearing at magistrates court?
The first hearing will decide whether the severity of the offence(s) requires your case to be redirected to the Crown Court. Such offences are called ‘indictable only’ (such as murder and manslaughter) and can only be heard at the Crown Court.
What type of cases do magistrates deal with?
Magistrates are trained, unpaid members of their local community, who work part-time and deal with less serious criminal cases, such as minor theft, criminal damage, public disorder and motoring offences.
How do I look up court cases in WV?
Interested individuals can look up court cases in West Virginia by either calling the court where they are being heard or visit them. All the West Virginia State courts have their addresses and contact information on the county map provided on the Judiciary Branch website.
Where do I file a court case in Harrison County WV?
Circuit Court. Address filings to the Harrison County Circuit Clerk, Albert Marano Harrison County Courthouse 301 West Main Street Clarksburg, WV 26301-2967 304-624-8640 Fax: 304-624-8710.
What circuit is Harrison County WV?
Circuit Court Harrison County is the Fifteenth Judicial Circuit. The county seat is Clarksburg.
How do I contact the Harrison County circuit clerk?
Judge Thomas A. Bedell (address same as Circuit Clerk) 304-624-8630 Fax: 624-8736. Judge James A. Matish (address same as Circuit Clerk) 304-624-8593 Fax: 624-8592. Judge Christopher McCarthy (address same as Circuit Clerk) 304-624-8620 Fax: 304-624-8554. Address filings to the Harrison County Circuit Clerk, Albert Marano Harrison County Courthouse
What is the county seat of Harrison County?
The county seat is Clarksburg. Harrison County is part of the Eighteenth Family Court Circuit, which also includes Doddridge County.