Potomac Highlands Regional Jail and Correctional Facility Criminal Court Process

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Criminal Court Process for Hampshire County West Virginia

If someone you care about is arrested in Hampshire County, one of the first questions is whether to call the courthouse or the jail. They are different places with different jobs. Criminal hearings start in the county court system, while adults who are detained are assigned to Potomac Highlands Regional Jail and Correctional Facility. Below you will find contact details, bail procedures, the stages of a prosecution, possible penalties, how to seek a public defender and what happens if federal charges are involved.

Which courts hear criminal cases and where are they?

Hampshire County criminal cases begin in the county Magistrate Court for many misdemeanor matters and preliminary felony proceedings. Felony trials are within Circuit Court jurisdiction. These are separate from the facility holding the person.

  • Hampshire County Circuit Court / Circuit Clerk: 50 South High Street, Suite 157, Romney, WV 26757, 304-822-5022
  • Hampshire County Magistrate Court / Magistrate Clerk: 50 South High Street, Suite 3, Romney, WV 26757, 304-822-4311

Magistrate Court is the first point of contact for many arrests; the Circuit Clerk maintains Circuit Court felony records.

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What happens after arrest and which regional jail receives detainees?

The earliest court decision usually concerns whether the accused can leave custody before the next hearing. The county magistrate considers the charges and sets any lawful bond or release restrictions. Jail officers handle housing; they do not decide guilt.

Regional detention facility serving Hampshire County: Potomac Highlands Regional Jail and Correctional Facility, 13 Dolin Drive, Augusta, WV 26704. Telephone 304-496-1275. This regional jail serves multiple West Virginia counties. The county sheriff does not operate a separate ordinary county jail for these bookings.

Booking may involve identification, a photograph, fingerprints, inventory of property and a medical screening. A jail assignment is not a conviction.

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How can the family arrange bail or bond?

For a Hampshire County charge, a magistrate commonly considers whether the person may be released on a personal-recognizance promise, a secured bond, a surety bond or other lawful conditions. Bond amounts belong to the court case; staff at Potomac Highlands Regional Jail and Correctional Facility can help identify the custody record and payment arrangements.

For information about this facility’s bonding desk and inmate release, use the verified Potomac Highlands Regional Jail and Correctional Facility facility page.

Have the person’s full legal name and booking information ready. A licensed bonding company charges a fee, which is separate from any refundable deposit made with a court.

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How do misdemeanor cases proceed and what can they cost?

A misdemeanor typically remains in Magistrate Court, although some cases can reach Circuit Court on appeal or through specific procedures. Many charges are resolved after a court date, a plea discussion or trial. The accused can ask for legal representation when incarceration is possible.

Actual misdemeanor penalty examples

  • Petit larceny: Theft of property worth less than $1,000 may bring up to one year in jail, a fine up to $2,500, or both (WV Code §61-3-13).
  • First ordinary DUI under §17C-5-2(e): Up to six months in jail and a fine of $100–$500, plus driver license consequences.
  • DUI with a blood-alcohol level of 0.15% or above under §17C-5-2(f): Two days to six months and a $200–$1,000 fine, with a minimum actual confinement requirement.

There is no single fine that applies to every West Virginia misdemeanor; the offense’s own statute determines the range.

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What happens after someone is charged with a felony?

For a felony allegation in Hampshire County, the first appearance and any preliminary hearing are generally handled in Magistrate Court. A grand jury indictment sends the case to Circuit Court, where arraignment, evidence exchange, motions, a possible plea agreement and any felony trial take place. The prosecution must prove guilt beyond a reasonable doubt.

A person charged with a felony can apply for appointed counsel if unable to pay an attorney. A conviction does not automatically mean the statutory maximum sentence; the charge, mandatory provisions, criminal history and sentencing decisions matter.

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How do serious violent crime cases proceed?

Murder and other serious violence allegations proceed in Circuit Court, with close attention to forensic evidence, victim testimony and release decisions. Detention may continue during the case if the legal requirements for holding the accused are satisfied.

West Virginia’s penalty for first-degree murder can be life imprisonment, while second-degree murder is also punishable by substantial imprisonment. Whether parole is possible depends on the offense and the judgment. Certain repeat serious felonies can trigger enhanced punishment under §61-11-18; those enhancements require the legal findings specified by the statute.

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What happens when the person arrested is younger than 18?

A person under 18 ordinarily goes through the juvenile provisions of West Virginia’s court system rather than the adult regional jail. The Circuit Court has juvenile jurisdiction, and the judge may order diversion, supervision, treatment or a lawful placement after considering the youth’s circumstances.

Juvenile detention facilities are separate from Potomac Highlands Regional Jail and Correctional Facility. A parent or guardian should ask the court for the child’s hearing details and request appointed counsel when eligible. Some grave allegations involving older teenagers can be transferred under specific statutory procedures.

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What are the actual fines and possible jail or prison sentences?

West Virginia does not use one universal Class A/B/C felony sentencing chart. A person’s exposure depends on the offense statute and any applicable enhancement. The following are concrete examples:

  • Petit larceny, below $1,000: up to 12 months in jail and/or $2,500 (§61-3-13(b)).
  • Grand larceny, $1,000 or more: generally 1–10 years in a state correctional facility, or a discretionary jail alternative of up to one year and fine up to $2,500 (§61-3-13(a)).
  • First ordinary DUI: up to six months in jail and $100–$500 (§17C-5-2(e)).
  • Third DUI under §17C-5-2(m): 2–5 years in a state correctional facility, with a discretionary $3,000–$5,000 fine and license penalties.
  • Impaired driving causing death under §17C-5-2(b)(2): 3–15 years and $1,000–$3,000, subject to the statute’s details.

Probation, suspension of sentences, restitution, mandatory minimums and repeat-offender laws can change the outcome. A listed range is not a prediction of the sentence in a particular case.

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How does someone qualify for a public defender?

Someone without enough money to hire a lawyer should ask the magistrate or Circuit Court about appointed counsel at the earliest appearance. Eligibility depends on financial circumstances and the nature of the case. The Hampshire County court can take an application for appointed defense counsel; West Virginia Public Defender Services administers publicly funded representation.

An attorney can examine charging papers, request discovery, challenge an unlawful detention, advise on a plea offer and present information at sentencing. Family members can gather court papers and accurate contact information for counsel.

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What about municipal court violations and other local charges?

Some city ordinance citations and local traffic matters are handled in municipal courts where the municipality maintains one. A county criminal charge is different: its hearings follow the county Magistrate or Circuit Court. Read the citation or court notice to identify which court actually issued it.

The Hampshire County Magistrate Clerk can be reached at 304-822-4311 at 50 South High Street, Suite 3, Romney.

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How are federal crimes prosecuted and how can federal inmates be found?

Federal prosecutions involve violations of federal law, such as certain interstate fraud, federal firearms offenses, federal drug trafficking or crimes on federal property. They do not automatically go to Hampshire County Circuit Court.

U.S. District Court, Northern District of West Virginia: principal courthouse 500 West Pike Street, Clarksburg, WV 26301, telephone 304-622-8513. Another division courthouse may be assigned to the particular federal case.

Federal defendants may be detained in local or contracted custody before trial. People serving federal prison sentences are placed within the federal prison system as designated by the Bureau of Prisons. To search for a federal inmate, use the Bureau of Prisons Inmate Locator.

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This is general information about criminal procedure in Hampshire County, not legal advice. Anyone accused of a crime should seek individualized legal guidance.

Criminal Court Process for Hampshire County West Virginia

Hampshire County West Virginia Criminal Court System – Definitions

It might be helpful to define some words that will be used on this site, when explaining the West Virginia Court System and how it works. The definitions on this site are for general information and not legal advice. It is always preferred to follow information given by your attorney or local authorities.

If you scroll down below this content, and the listing of the courts in this West Virginia County, you will find a simple flowchart diagram and a video that will help you visualize the stages of the Criminal Court Process.

Arrest is when West Virginia, county or local police take a person into custody and start the legal process. The arrested person may or may not be immediately jailed. 

In less serious crimes, the person may only be given a citation ordering that they appear in magistrate or county court on a certain date. In cases involving more serious crimes, the person is usually placed in the county jail until an arraignment, or a judge decides the next step.

Booking is when the county sheriff or local police gather information such as the detainee’s name, address and why the person is being arrested. Booking also includes fingerprinting, criminal history, investigation, and verification of identity. Bail for lower-level crimes may be set right after booking so the arrested can “bail or bond out” before being detained.

The prosecution, sometimes called “the government” or “the people” or “the state” is the side that presses the charges and seeks punishment for the offense. These are attorneys that work for the state of West Virginia, county, or a city or town.  The prosecuting attorney for the West Virginia county or the district is called the Prosecuting Attorney.  A U.S. Attorney prosecutes federal cases.  

Jurisdiction is an important term in the court system that means whether a court has the obligation or duty or right to handle a case.  For example, if you run a red light in your town or city, a magistrate court would likely have jurisdiction over your case, but the next town or city over would not have jurisdiction over your case.  If you attempted to flee from police when they attempted to stop you after you ran the red light, it becomes a more serious crime, and the magistrate court might not have jurisdiction so you might be assigned to a higher-level court that has jurisdiction over the more serious crime.  

Jurisdiction varies from state to state and sometimes county to county.

Arraignment is when a judge determines whether the charges are supported by the prosecution’s initial evidence and tells the arrested what they are charged with, and the person says whether they are guilty or not guilty. At this time, the person is called the defendant, and the opposing side is called the prosecution. If there is reason to believe that the arrested is guilty, the judge will set bail conditions or send the defendant to jail or release them ROR (release on recognizances). An arraignment is not a trial, and the defendant is entitled to a trial within a reasonable amount of time after the arraignment.

Bail is money paid that is held by the county or municipal court to make sure that the arrested does not flee the area before their trial. Bail amounts and other conditions are determined at the arraignment. Once the case is over, the bail money is returned to the defendant. If a person does not pay bail, they remain in on of the regional jails until their trial.  

Bail can be denied if the court feels that the arrested would be a danger to others if released. Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance without having to pay bail.

A bond proceeding is the determination of how much bail is to be paid and usually happens at the same time as an arraignment. During bond proceedings, the defendant can have an attorney present but does not have the right to an attorney. A judge or court officer in the county or magistrate court sets bail. Judges in West Virginia rely on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Judges can still exercise discretion in setting bail above or below the recommended range.

A judicial public bond or personal recognizance bond is a bond where someone representing the defendant signs paperwork promising to pay the money if the defendant does not show up to court. If the defendant does not show, the full amount will be due and the people who signed the paperwork will be responsible for paying the court.  

Cash percentage in lieu of bonds.  If the bond order permits, the defendant pays a percentage of the amount, (usually 10%) to the court, which then holds the money until the case is over. The amount is returned if the defendant is acquitted or the case is dismissed, or it can be used toward paying any court fines incurred by the defendant.

Surety Bond is when defendant pays a percentage of the bond amount (usually 10%) to a professional bondsman or bail bond company licensed to do business in West Virginia or the local jurisdiction. The bondsman then signs the bond on behalf of the defendant. The defendant does not receive any of the money back. If the bondsman feels the defendant is a flight risk, they can refuse to give a bond or charge a higher fee. For example, a bondsman may determine a defendant is a flight risk if they are from a state other than West Virginia.

A Property Bond is a bond in which the bond is pledged in land or home real estate (mobile homes are not accepted).  Usually, the property must be in the county, or at the least in West Virginia, and it must be worth at least the amount of the bond.

It is always important to have family involvement after being arrested.  Not only can they make calls and communicate on your behalf (not all bond companies will accept collect calls), but family support will show the court that there are people who will make sure that the defendant makes it to court, not only for the defendant’s own good, but because they may have signed bond paperwork and responsible to pay if the defendant does not show in court. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.  

(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information.  A bondsman will not call asking for money without involvement of the arrested.)

A criminal defense attorney (also called lawyer or counsel) is hired or retained to represent the arrested as early as possible after the arrest. If there is a chance that the case might go to trial and the defendant cannot afford an attorney, the 6th Amendment of the U.S. Constitution requires that the court provide an attorney. This is called indigent representation and a public defender or assigned attorney would represent the defendant in all proceedings. Indigent representation is only available misdemeanor and felony cases that could result in jail time, juvenile cases, and certain appeal cases. 

The state of West Virginia administers the indigent defense program and assigns attorneys in several ways: public defender non-profit corporations that contract to the state for services located in many West Virginia counties and private attorneys that are appointed by the local judges and paid a reduced rate by the state.

For less serious cases or civil cases, there are pro bono volunteers who volunteer legal services for free or for a small fee. They often will hold clinics to teach people how to represent themselves in court or expunge their record which means to legally erase or eliminate a criminal or arrest record from public view. This website provides contact information for pro bono services in West Virginia:

A district court can refer to the first level of the legal system, or a minor court. District courts are in the community.  A district court can also refer to a U.S. Federal District Court that hears federal cases. There are two U.S. federal district courts in West Virginia, with offices throughout the state. It is important that you check the address of the court you are to appear in rather than to ask someone because that person might give you directions to the wrong “district” court. Being late to court can land you in custody as well.

Pretrial proceeding is the process where both sides (prosecution and defense) gather information, interview witnesses, request records, videos etc. Pretrial proceedings also include communications with the judge assigned to the case and these appearances are either in person or by on-line conferencing. Some pretrial proceedings may not require a defendant’s appearance, allowing an attorney to appear in their place. The information that is gathered is called discovery and both sides must share the information that they have gathered.  This information does not include conversations between the arrested and their attorney.

Most cases do not go to trial because both sides reach a plea deal, where both sides try to reach a reasonable punishment based on what was learned in the pretrial proceedings.  A plea deal can only happen if the accused person admits they are guilty in exchange for a lighter punishment.  The reason they must admit guilt is because it would not be fair to punish someone who claims they are not guilty.  There are times in plea bargaining when the prosecution agrees to give a lighter sentence in exchange for information leading to the arrest of a more serious criminal related to the crime.  

Trial is where both sides share their information in front of a judge or a judge and jury. After listening to all the evidence, the judge or jury decides the verdict which is whether the person is guilty or not guilty. If a court has only a judge hearing both sides, it is called a bench trial.  If a jury is selected, it is called a jury trial.  If the defendant is found not guilty, they are released.  If they are found to be guilty, the next step is sentencing.

Sentencing is the punishment that the judge decides the person should get. This could be jail or prison time, fines, community service, probation, or a combination.

Appeal is asking for a higher court to hear the case again at an appellate court.  If the accused person thinks something went wrong at trial or has new information that was not available during the trial or that the sentence is too harsh, the defense attorney can ask for an appeal. It is not unusual for an appeal when there is a long jail sentence, but an appeal can be denied if the appellate court feels that the original trial or sentencing was fair.

West Virginia Misdemeanor vs Felony

Examples of misdemeanors include: trespassing, simple assault, petty theft and shoplifting. In West Virginia, misdemeanors are divided into 3 classes as follows: 
•    Class 1: 1 year maximum
•    Class 2: 6 months maximum
•    Class 3: 90 days maximum
•    Fines for misdemeanors are no more than $2,500 for a class 1, no more than $750 for a class 2, no more than $500 for a class 3, and no more than $300 for a petty offense.

A felony crime is a more serious crime than a misdemeanor and are divided into different classes which are general guidelines and are based on the crime, prior criminal history and other factors.  Examples of felony crimes are murder, rape, theft, aggravated assault, drug trafficking, kidnapping and identity theft.  In West Virginia, felonies are divided into 6 categories:
•    Class 1- Minimum: Life with Mercy, Maximum: Life without Mercy
•    Class 2- Minimum: 15 years, Maximum: 60 years
•    Class 3- Minimum: 5 years, Maximum: 30 years
•    Class 4- Minimum: 3 years, Maximum: 15 years
•    Class 5- Minimum: 2 years, Maximum: 10 years
•    Class 6- Minimum: 1 years, Maximum: 5 year
•    Fines for felonies are a maximum of $500,000.

The Clerk of Court is an elected official whose responsibilities for Criminal Court’s administrative issues include receiving criminal warrants, receiving bail, creating the trial schedule, receiving fees, fines and maintaining court records.

A warrant is used to get someone to appear in court or to law enforcement.  There must be good reason to believe that the person is involved in a crime. The warrant gives authority to arrest the person and search for evidence for the investigation of the crime. 

A criminal summons is issued to request that a person appear in court at a particular time and date.  It does not involve an arrest.  A traffic ticket, summary citation or lesser misdemeanor could be considered a summons if you are given a court date.

A summary citation, commonly referred to as a ticket, is a criminal summons by a law enforcement officer either in person or via mail accusing the defendant of a minor offense, stating potential fine, listing the court having jurisdiction and instructions for addressing the issue. Defendants may or may not be required to appear in court or handle the matter by entering a plea via mail.

Fines are usually paid to the District Court or clerk of court and payment methods can be found on the District Court or Hampshire County Clerk of Court website. If you do not pay your fine on time, you can lose your driver’s license, must pay additional fees or even have a warrant for your arrest.  It is important to read the instructions on the ticket issued by the police officer or court at the time of your arrest. For a parking ticket or summary citation, the fine amount and how to send payment should be on the ticket. 

West Virginia Criminal Court System - How it Works

West Virginia Magistrate Courts can hear criminal misdemeanor cases and conduct preliminary hearings on felony cases that are then further prosecuted in circuit court. Magistrate courts can issue arrest and search warrants and orders of protection. Cases lost in magistrate court can be appealed in circuit court.

West Virginia Circuit Courts are the courts that prosecute all felony cases and certain misdemeanors.  Circuit courts can hear appeals from the magistrate courts. Each county has a circuit courthouse.  Most juvenile criminal matters are handled in circuit court except for those cases where the offense would not involve jail time. These non-jail offenses might be heard in the magistrate courts where the offense occurred or referred to juvenile drug court.

Specialty Courts serve people who would benefit from alcohol, drug and other rehabilitative services.  Specialty courts are being adopted in many states to handle cases that involve non-violent and first-time offender cases in a way to where the offender can retain a job or responsibilities while following specific orders of the court as returned court appearances, periodic evaluations or testing for substances. West Virginia offers a Treatment Court for eligible candidates. For more information and a video on West Virginia Treatment Courts, follow this link.

Intermediate Court of Appeals hears appeals from circuit courts.

The West Virginia Supreme Court is like our United States’ Supreme Court because it has a panel of judges that rule on matters that have to do with someone’s constitutional rights or policies and laws. The West Virginia State Supreme Court deals with the state constitution or laws or policies. Sometimes the Supreme Court will hear criminal cases on appeal when there is a question on the state laws or procedures that lead to the appeal.  

The criminal cases are usually referred from the district courts of appeal.

FEDERAL COURT

Federal Court deals with crimes involving violations of United States laws.  Federal crimes include federal drug trafficking, federal tax evasion and fraud that crossed state lines and include crimes that occur on federal property as post offices or federal buildings.  

Cases involving crimes that involve the FBI or DEA or Immigration agencies are federal crimes. Terrorism is a federal crime. 

There are some differences in the Federal court system as compared to the West Virginia state court system. For example, the attorneys who work for the courts are called United States Attorneys and Federal judges are called District Court Judges (not to be confused by local state district courts).  

Federal Magistrate Judges hear the case early on, but they do not decide on the cases at a trial like the Federal District Court Judges. In a federal case, a grand jury is used for indictments.

There are two U.S. Federal Judicial Districts in West Virginia.

Courts

HAMPSHIRE COUNTY PARKS & REC
90 N HIGH ST
ROMNEY WV, 26757
304-822-7300
HAMPSHIRE CTY MAGISTRATE CLERK
50 S HIGH ST
ROMNEY WV, 26757
304-822-4311

Search for an Inmate or Active Arrest Warrant in Hampshire County

Human-verified information Manually curated

Every detail on this page is checked by hand, not scraped. This unofficial directory helps friends and family of incarcerated individuals find critical information — inmate lists, locations, bail resources, visitation hours, rules, and text, phone, email, and mail services — for jails, detention centers, and prisons across the United States.