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Municipal Court Judge Municipal Court Clerk
Rebecca "Becky" Day Cheryl Leary
rday@cityofelkinswv.com cleary@cityofelkinswv.com
Phone: (304) 636-1414 Ext 1529
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The Elkins Municipal Court hears cases of misdemeanor city ordinance, city code violations, parking and traffic violations.
Protecting the Rights of Citizens
Municipal Court judges and staff ensure citizens and users of the court receive efficient, fair and impartial justice, regardless of individual circumstances and background, in order to protect each citizen's right to due process under the laws of
our country and state.
COVID 19 INFORMATION
The Court will follow saftey precautions issued by the WV Supreme Court. You MUST wear a mask, limited numbers of people will be allowed within the court room, and proper sanitization will be required before entering the court room. If you do not have a mask, the hearing will carry on as if you are a no show.
**PLEASE NOTE:
Elkins Municipal Court staff and Judge's must remain "neutral" in all cases. We will not give legal advice or discuss open cases. All legal questions need to be directed to a legal council.
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Frequent Questions
1.What are my legal rights?
You have 1) the right to be represented by an attorney, 2) the right to a jury trial , 3) the right to a continuance of your case in order to obtain an attorney or to have witnesses subpoenaed by the court.
2.When is it necessary to utilize the services of a Public Defender?
A Public Defender may be appointed for offenses that you may be sentenced to jail time. The defendant must meet the eligibility requirements as determined by the judge. After the Public Defender Application has been completed the Circuit Court Judge will approve
or deny.
3.I am scheduled for Traffic Court but cannot make my appearance. What are my options?
You have the option of writing a request to the court requesting a continuance. Continuance requests are not guaranteed approval.
All continuance requests must be submitted 10 days PRIOR to the court date.
4.I am scheduled to appear at my criminal case but cannot attend. What, if anything, are my options?
You have the option of writing a request to the court requesting a continuance. Continuance requests are not guaranteed approval. All continuance requests must be submitted 10 days PRIOR to the court date.
5.How do I submit a request for a continuance?
Continuance requests may be submitted in person or by mail to:
401 Davis Ave, Elkins WV 26241
They can also be submitted by:
Fax: 304-404-2528
OR
Email: rday@cityofelkinswv.com
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If you would like to Pay By Mail please follow these suggestions:
When paying by mail, do not send cash. Personal checks (including driver’s license number or ssn), money orders and cashier’s checks are accepted. Send a copy of your ticket(s) (or note the case/citation number) with plea and payment to:
Elkins Municipal Court, 401 Davis Avenue, Elkins WV 26241.
To contest a citation:
If you have received a parking citation, ORANGE or YELLOW in color, and would like to contest the citation please come in between the hours of 1:00 pm and 3:00 pm to speak with the judge. Or you may call the court for directions.
If you have received a moving violation, white and yellow in color, and would like to contest the charge, please come to Elkins City Hall on or before the date and time listed at the bottom of your citation.
If you would like to Pay By Mail please follow these suggestions:
When paying by mail, do not send cash. Personal checks (including driver’s license number or ssn), money orders and cashier’s checks are accepted. Send a copy of your ticket(s) (or note the case/citation number) with plea and payment to:
Elkins Municipal Court, 401 Davis Avenue, Elkins WV 26241.
To contest a citation:
If you have received a parking citation, ORANGE or YELLOW in color, and would like to contest the citation please come in between the hours of 1:00 pm and 3:00 pm to speak with the judge. Or you may call the court for directions.
If you have received a moving violation, white and yellow in color, and would like to contest the charge, please come to Elkins City Hall on or before the date and time listed at the bottom of your citation.