West Virginia Magistrate Court: A Guide to Misdemeanor Cases

By J. Brandon Shumaker and J. Tyler Slavey  ·  Slavey & Shumaker PLLC  ·  Morgantown, WV  ·  Last updated November 9, 2026

Most criminal cases in West Virginia begin, and many end, in magistrate court. A first-offense DUI, a shoplifting charge, a domestic battery charge, a simple possession charge and many traffic offenses are misdemeanors that are usually heard there. The procedures are faster and less formal than in circuit court, but the deadlines are short and the consequences of a conviction can be lasting.

This guide explains how a misdemeanor case moves through magistrate court under the Rules of Criminal Procedure for Magistrate Courts and the West Virginia Code. For the full path of a criminal case, including felonies, see our criminal trial process guide. At Slavey & Shumaker PLLC, our Morgantown criminal defense attorneys appear in magistrate court in Monongalia, Preston, Marion and Harrison Counties.

1. What Magistrate Court Handles

Magistrate courts have “jurisdiction of all misdemeanor offenses committed in the county” (W. Va. Code § 50-2-3). They also:

• Conduct preliminary examinations on warrants charging felonies committed in the county
• Conduct preliminary examinations on probation violations when a circuit court refers them
• Issue arrest warrants and search warrants
• Set bail in all cases except capital offenses

Felonies are not tried in magistrate court. After a preliminary examination, a felony case moves to circuit court and the grand jury; see our criminal trial process guide.

2. How a Misdemeanor Case Starts

A misdemeanor case usually begins in one of three ways:

A citation tells you when to answer or appear. If you do not, a complaint may be made and a warrant issued (§ 62-1-5a). Some citations can be resolved by a guilty plea by telephone or mail, but pleas to certain charges, including DUI, reckless driving and some driving while suspended or revoked charges, must be made in person before a magistrate (Rule 7(b)). Pleading guilty to any charge can have consequences beyond the fine, so talk with a lawyer before you do.

3. The Initial Appearance

At the initial appearance on a misdemeanor triable by a magistrate, the magistrate must inform you of the complaint, your right to retain counsel, your right to request appointed counsel if you cannot afford one, your right to demand a jury trial, and the general circumstances for pretrial release. The magistrate must also tell you that you do not have to make a statement and that anything you say may be used against you (Rule 5(c)).

If you are held in a regional jail, the initial appearance is generally conducted by video conferencing (Rule 5(b)). Bail and release conditions are usually addressed at this first appearance; see our bail and bond guide.

4. Jury Trial or Bench Trial

You have the right to have a misdemeanor tried by a jury, but only if you ask for it in time. The demand “must be made in writing not later than twenty days after the defendant’s initial appearance before the magistrate” (W. Va. Code § 50-5-8(b)). For a defendant who qualifies for appointed counsel, the 20 days do not start until counsel is appointed (§ 50-5-8(b)). If no timely demand is made, the right is waived and the magistrate decides the case without a jury (Rule 5(d)). Once a jury is demanded, the demand may not be withdrawn over the objection of a party appearing at trial (§ 50-5-8(c)).

Choosing between a jury and the magistrate is a strategic decision. It affects how the case is presented and what happens on appeal: a jury trial is reviewed on the record in circuit court, while a trial to the magistrate alone is tried again from the beginning in circuit court (W. Va. Code § 50-5-13(b)).

5. Joint Trials and Combined Charges

Magistrate court has its own rules about trying charges and defendants together:

• Two or more offenses may be charged in the same complaint and tried together only if they are of the same or similar character, or are based on the same act or transaction or on connected acts or a common scheme or plan (Rule 16A(a))
• A magistrate may order two or more complaints tried together if the offenses could have been joined in one complaint (Rule 16A(a))
• If the defendant or the State is prejudiced by joining offenses, the court may order separate trials on motion (Rule 16A(b))
• “No more than one defendant may be charged in one complaint or tried in one proceeding” (Rule 16A(c))

That last rule means co-defendants in magistrate court each have their own case and their own trial, which can affect strategy when more than one person is charged from the same incident.

6. Before Trial: Notice, Motions and Discovery

When you plead not guilty, the court must promptly schedule a trial. If you are not in custody, the court notifies the parties by first-class mail at least six weeks before the trial date; if you are in custody, trial is set for the earliest practical date (Rule 11).

Discovery can include your statements, your prior record, documents, test results and the names of the State’s witnesses, if the State intends to use them (Rule 29(b)). Reviewing that evidence early is often the key to a good outcome.

7. Pleas, Dismissals and Pretrial Diversion

You may plead not guilty, guilty or, with the magistrate’s consent, no contest (Rule 10(a)). Before accepting a guilty or no contest plea, the magistrate must explain the charge and the possible penalties, the rights you give up, and that there will be no trial, and must determine that the plea is voluntary (Rule 10(b), (c)).

• Dismissal. The prosecutor may move to dismiss a complaint. The magistrate may dismiss for unnecessary delay in bringing the case to trial or if the prosecutor fails to appear at trial (Rule 16)
• Pretrial diversion. A prosecutor may enter into a written pretrial diversion agreement of up to 24 months when it is in the interests of justice. If you comply, you are not prosecuted for the offense, unless the agreement calls for a plea to a related offense (W. Va. Code § 61-11-22(a) to (c))
• Limits on diversion. Pretrial diversion is not available for DUI under § 17C-5-2, although a court may defer DUI proceedings under § 17C-5-2b, and it is not available for certain other listed offenses (§ 61-11-22(d), (e)). See our DUI defense page.

Whether a dismissal, diversion or reduced charge is realistic depends on the facts, the evidence and your record. A lawyer can often negotiate outcomes that a Prosecutor may not consider for someone who appears alone.

8. The Trial

A magistrate court trial is conducted by examining and cross-examining witnesses under oath, in accordance with the West Virginia Rules of Evidence (Rule 17(a)). The State must prove the charge beyond a reasonable doubt. You have the right to confront and cross-examine the State’s witnesses, to call your own witnesses and not to testify (Rule 10(b)(3)).

9. Sentencing and Motions for a New Trial

“Sentence shall be imposed in open court within 60 days of the finding of guilt” (Rule 19(a)). Before sentencing, your lawyer may speak on your behalf, and you may make a statement and present information in mitigation; the prosecutor has the same opportunity (Rule 19(b), (c)).

Within 20 days after a verdict or finding of guilt, you may ask the magistrate to set aside the judgment and grant a new trial (Rule 20(a)).

10. Appealing to Circuit Court

• Except for a person who was represented by counsel when pleading guilty, a person convicted of a misdemeanor in magistrate court may appeal to circuit court as a matter of right (Rule 20.1(a))
• The notice of appeal is filed in magistrate court within 20 days after sentencing, or within 20 days after the magistrate denies a motion for a new trial (Rule 20.1(a))
• If the deadline is missed, the circuit court may grant an appeal for good cause no later than 90 days after sentencing (Rule 20.1(c); § 50-5-13(a))
• Any appeal bond may not exceed the maximum fine for the offense, and filing or granting an appeal automatically stays the magistrate’s sentence (§ 50-5-13(a))
• A jury trial is reviewed on the record; a trial to the magistrate alone is retried in circuit court without a jury (Rule 20.1(d); § 50-5-13(b))
• A counseled guilty plea can be appealed only where an extraordinary remedy would lie or the magistrate court lacked jurisdiction (§ 50-5-13(e))

11. Probation Violations

If you are held in custody for allegedly violating probation or an alternative sentence, you are entitled to a prompt preliminary hearing before a magistrate to decide whether there is probable cause to hold you for a revocation hearing. You must be given notice of the alleged violation, a chance to present evidence, an opportunity to question adverse witnesses on request unless the magistrate finds good cause otherwise, and notice of your right to counsel (Rule 28(a)). If probable cause is not found, the proceedings are dismissed (Rule 28(b)).

12. How a Lawyer Helps in Magistrate Court

Magistrate court moves quickly, and many people try to handle a misdemeanor on their own. A lawyer can:

• Make a timely written jury demand when a jury is the better choice
• Request discovery in time to get the State’s evidence before trial
• File pretrial motions within the deadlines and challenge weak or improperly obtained evidence
• Negotiate dismissal, pretrial diversion or a reduced charge
• Try the case and preserve the right to appeal
• Advise on how a conviction could affect your license, job, schooling or immigration status, and whether the record may later be eligible for expungement

Our attorneys, J. Tyler Slavey, J. Brandon Shumaker, Scott B. Harris and Kasey Libby, defend clients in magistrate court in Monongalia, Preston, Marion and Harrison Counties. No lawyer can guarantee a result.

13. Frequently Asked Questions About Magistrate Court

This page is provided for general informational purposes about West Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.