by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)By attorney for state. – The attorney for the state may by leave of court file a dismissal of an indictment, information or complaint, and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
An application to the court for an order shall be by motion. A motion other than one made during a trial or hearing shall be in writing unless the court permits it to be made orally. It shall state the grounds upon which it is made and shall set forth the relief or...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)Release prior to trial. – Eligibility for release prior to trial shall be in accordance with Chapter 62, Article 1C, Section 1 of the West Virginia Code of 1931, as amended. (b)Release during trial. – A person released before trial shall continue on...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)Computation. – In computing any period of time, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)Right to assigned counsel. – Every defendant who is unable to obtain counsel shall be entitled to have counsel assigned to represent him or her at every stage of the proceedings from initial appearance before the magistrate or the court through appeal, unless...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)Presence required. – The defendant shall be present at the arraignment, at the time of the plea, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by...
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