Rule 3 – The complaint

by | May 14, 2021 | Criminal Procedure, West Virginia

The complaint is a written statement of the essential facts constituting the offense charged. The complaint shall be presented to and sworn or affirmed before a magistrate in the county where the offense is alleged to have occurred. Unless otherwise provided by...

Rule 2 – Purpose and constructions

by | May 14, 2021 | Criminal Procedure, West Virginia

These rules are intended to provide for the just determination of every criminal proceeding. They shall be construed to secure simplicity in procedure, fairness in administration, and the elimination of unjustifiable expense and delay.W.Va. R. Crim. P. 2Effective...

Rule 1 – Scope

by | May 14, 2021 | Criminal Procedure, West Virginia

These rules govern the procedure in all criminal proceedings in the circuit courts of West Virginia, as defined in Rule 54(c); and whenever specifically provided in one of the rules, to criminal proceedings before West Virginia magistrates.W.Va. R. Crim. P. 1Effective...