by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)Defense of insanity. – If a defendant intends to rely upon the defense of insanity at the time of the alleged crime, the defendant shall, within the time provided for the filing of pretrial motions or at such later time as the court may direct, notify the...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)Notice by defendant. – Upon written demand of the attorney for the state stating the time, date and place at which the alleged offense was committed, the defendant shall serve within 10 days, or at such different time as the court may direct, upon the...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)Pleadings and motions. – Pleadings in criminal proceedings shall be the indictment and information, and the pleas of not guilty, guilty and nolo contendere. All other pleas, and demurrers and motions to quash are abolished, and defenses and objections raised...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)Alternatives. – (1)In general. – A defendant may plead not guilty, guilty, or nolo contendere. If a defendant refuses to plead or if a defendant corporation fails to appear, the court shall enter a plea of not guilty. (2)Conditional pleas. – With...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
Arraignment shall be conducted in open court and shall consist of reading the indictment or information to the defendant or stating to the defendant the substance of the charge and calling on the defendant to plead thereto. The reading of the indictment or information...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)Issuance. – Upon the request of the attorney for the state the court shall issue a warrant for each defendant named in an information supported by a showing of probable cause under oath as is required by Rule 4(a), or in an indictment. Upon the request of the...
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