What is the geographic jurisdiction of magistrate courts in West Virginia?
What is the geographic jurisdiction of magistrate courts in West Virginia?
There are at least two magistrates in every county, and ten in the largest county, Kanawha. 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.
Do all cases go through magistrates court?
Cases for less serious crimes are usually heard in the Magistrates’ Court. Cases for more serious crimes usually start in the Magistrates’ Court and then go to the County or Supreme Court. It can take time for a case to go through all the hearings, so keep in touch with the team prosecuting your case.
What happens if I plead guilty at magistrates court?
If you plead guilty it means you agree that you committed the offence you were charged with and you do not have a defence. When you plead guilty, the magistrate will usually sentence you on the same day. The magistrate will then decide your sentence.
What happens if you plead not guilty but are found guilty?
What happens if I plead not guilty? Pleading not guilty means that you say you didn’t do the crime, or that you had a reasonable excuse for doing so. The court will then have a trial to decide whether you did. You may get a longer sentence after conviction at a trial than if you pleaded guilty.
Is it best to plead not guilty?
If the evidence supporting the charge is weak, then there will be greater justification for you to plead not guilty and defend the charge. Conversely if the evidence against you is strong then it is important to recognise the likelihood of being convicted and therefore the benefits of pleading guilty to the charge.
Why does pleading guilty reduce your sentence?
In exchange for pleading guilty, the criminal defendant may receive a lighter sentence or have charges reduced. Additionally, pleading guilty avoids the uncertainty of a trial. Juries can be unpredictable. Prosecutors may uncover additional evidence that can make it more likely for a jury to convict the defendant.
Why you should never take a plea bargain?
In addition, a guilty plea May haunt you for the rest of your life because it may result in a guilty finding that cannot be expunged from your record. In addition, if you’re found guilty and placed on a period of Probation, and during that period of probation you violate, you could be facing substantial jail time.
What are the 5 types of pleas?
These pleas include: not guilty, guilty, and no contest (nolo contendere). At Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC, we know how to what’s on the line for you and how these different pleas can impact your life.
What is the downside of plea bargains?
There are important disadvantages to plea bargaining as well: Defendants are sometimes pressured into waiving the constitutional right to trial. The defendant gives up the right to a potentially vindicating “not guilty” verdict. Negotiating a plea bargain might lead to poor case investigation and preparation.
What happens if you don’t take a plea deal?
If the defendant refuses to enter a plea—or to even speak—then the judge will typically enter a not guilty plea on his or her behalf. Someone who persistently refuses to plead may very well end up in trial, because a plea bargain is obviously out of the question.
Is it better to take a plea deal?
Having a guilty plea or a no contest plea on the record will look better than having a conviction after a trial. This is partly because the defendant likely will plead guilty or no contest to a lesser level of offense or to fewer offenses. Often, a plea bargain involves reducing a felony to a misdemeanor.
