How do I know which court my case is in?
In West Virginia, the court jurisdiction that a case is in is determined by several factors, such as where the alleged offense was committed, what type of offense it was, and the severity of the offense. Generally speaking, misdemeanors are heard in the Magistrate Court, which is the lowest court in the state. Other less serious cases may be heard in the Municipal Court. If the case is more serious, such as a felony, then the Circuit Court will hear the case. This court has jurisdiction over all felony offenses, as well as any civil cases that involve more than $50,000 in damages. In addition, the West Virginia Supreme Court has jurisdiction over appeals from lower courts (i.e. Circuit Court, Magistrate Court, and Municipal Court). This court also has jurisdiction over cases that involve constitutional questions and the interpretation of laws. If you are unsure which court your case is in, it may be best to consult with an attorney or to contact the court in which the alleged offense occurred. The clerk of the court can help you determine the court jurisdiction of your case.
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