(a) Use of indictment or information. – An offense which may be punished by life imprisonment shall be prosecuted by indictment. Any other felony offense may be prosecuted by information if the indictment is waived. Any misdemeanor may be prosecuted by indictment or information. An information may be filed without leave of court. (b) Waiver of indictment. – Any felony offense which is not punishable by life imprisonment may be prosecuted by information if the defendant, after having been advised of the nature of the charge and of his or her rights by a written waiver signed by the defendant and his or her counsel and filed as a part of the record, waives prosecution by indictment. (c) Nature and Contents. –
(1)In general. – The indictment or the information shall be a plain, concise and definite written statement of the essential facts constituting the offense charged. An indictment shall be signed by the foreperson of the grand jury and the attorney for the state. An information shall be signed by the attorney for the state. The indictment or the information need not contain a formal commencement, a formal conclusion, or any other matter not necessary to such statement, except that it shall conclude, against the peace and dignity of the state. Allegations made in one count may be incorporated by reference in another count. It may be alleged in a single count that the means by which the defendant committed the offense are unknown or that the defendant committed it by one or more specified means. The indictment or information shall state for each count the official or customary citation of the statute, rule, regulation or other provision of law which the defendant is alleged therein to have violated. (2)Criminal forfeiture. – No judgment of forfeiture may be entered in a criminal proceeding unless the indictment or the information shall allege the extent of the interest or property subject to forfeiture. (3)Harmless error. – Error in the citation or its omission shall not be ground for dismissal of the indictment or information or for reversal of the conviction if the error or omission did not mislead the defendant to his or her prejudice. (d)Surplusage. – The court on motion of the defendant may strike surplusage from the indictment or information. (e)Amendment of information. – The court may permit an information to be amended at any time before verdict or finding if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced. (f)Bill of particulars. – The court may direct the filing of a bill of particulars. A motion for a bill of particulars shall be made pursuant to the provisions of Rule 12(b)(4) or at such later time as the court may permit. A bill of particulars may be amended at any time subject to such conditions as justice requires.
W.Va. R. Crim. P. 7
Effective October 1, 1981; amended effective September 1, 1995.
