by admin | May 14, 2021 | Criminal Procedure, West Virginia
(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...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a) Summoning Grand Juries. – The court may order that a grand jury be summoned at each term of the circuit court or at any specified time for either a regular, special or adjourned term of court. The grand jury shall consist of 16 members, but any fifteen or...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)Probable Cause Finding. – If from the evidence it appears that there is probable cause to believe that an offense has been committed and that the defendant committed it, the magistrate shall forthwith hold the defendant to answer in circuit court. The state...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)In general. – An officer making an arrest under a warrant issued upon a complaint or any person making an arrest without a warrant shall take the arrested person without unnecessary delay before a magistrate within the county where the arrest is made. If a...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)Issuance. – If it appears from the complaint, or from an affidavit or affidavits filed with the complaint, that there is probable cause to believe that an offense has been committed and that the defendant has committed it, a warrant for the arrest of the...
by admin | 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...
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