by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)Correction of sentence. – The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time period provided herein for the reduction of sentence. (b)Reduction of sentence. – A motion to reduce...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
The court on motion of a defendant shall arrest judgment if the indictment or information does not charge an offense or if the court was without jurisdiction of the offense charged. The motion in arrest of judgment shall be made within ten days after verdict or...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
The court on motion of a defendant may grant a new trial to that defendant if required in the interest of justice. If trial was by the court without a jury the court on motion of a defendant for a new trial may vacate the judgment if entered, take additional...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)Revocation of probation or alternatives sentencing. – (1)Preliminary hearing. – Whenever a person is held in custody on the ground that he or she has violated a condition of probation, the person shall be afforded a prompt hearing before any judge or...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)In general; time for sentencing. – When a presentence investigation and report are made under subdivision (b)(1), sentence should be imposed without unnecessary delay following completion of the process prescribed by subdivision (b)(6). When a presentence...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)Return. – The verdict shall be unanimous. It shall be returned by the jury to the judge in open court. (b)Several defendants and offenses. – If there is more than one defendant or offense being tried, the jury at any time during its deliberations may...
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