Magistrate court (West Virginia)

Magistrate courts in West Virginia are courts of limited jurisdiction, established under the West Virginia Constitution and state law. They handle a wide range of legal matters, primarily dealing with misdemeanors, preliminary hearings in felony cases, small claims civil cases, and traffic offenses.

Specifically, the jurisdiction of a West Virginia magistrate court typically includes:

• Misdemeanor Criminal Offenses: Magistrate courts have jurisdiction over misdemeanor crimes, meaning crimes punishable by a fine and/or imprisonment for up to one year in jail.

• Preliminary Hearings in Felony Cases: While magistrate courts do not have jurisdiction to try felony cases, they conduct preliminary hearings to determine if there is probable cause to believe that a felony has been committed and that the defendant committed it. If probable cause is found, the case is bound over to the circuit court for further proceedings.

• Small Claims Civil Cases: Magistrate courts handle civil disputes involving relatively small amounts of money. The jurisdictional limit for small claims cases in West Virginia magistrate courts is typically capped by statute.

• Traffic Offenses: Magistrate courts adjudicate traffic tickets and other violations of traffic laws.

• Domestic Violence Protective Orders: Magistrate courts can issue temporary domestic violence protective orders.

• Search Warrants and Arrest Warrants: Magistrates have the authority to issue search warrants and arrest warrants based on probable cause.

• Bond Hearings: Magistrate courts conduct initial appearances and set bail for defendants arrested for both misdemeanors and felonies.

Magistrates are elected officials who serve terms of four years. They are not required to be lawyers, but they must complete a training program and ongoing continuing education requirements.

Appeals from decisions of the magistrate court are typically taken to the circuit court.