(a)Appearance before magistrate. – If a person is arrested on a warrant issued upon a complaint, information or indictment, or without a warrant for an offense alleged to have been committed in a county other than the county of arrest, all papers in the proceeding shall be promptly transmitted to a magistrate or circuit court of the county having jurisdiction of the offense for preliminary examination or trial. If the defendant is unable to provide bail in the county of arrest, he or she shall be committed to the custody of an officer who shall take the defendant without unnecessary delay before a magistrate or judge of a circuit court wherein the examination or trial is to be held, there to be dealt with as provided by these rules. (b)Arrest of probationer. – If a person is arrested for a violation of probation in a county other than the county of supervision, such person shall be taken without unnecessary delay before the nearest available magistrate and then processed in accordance with the provisions of subdivision (a) of this rule upon the production of certified copies of the probation order, the warrant, the application for the warrant and upon a finding that the person before the magistrate is the person named in the warrant. (c)Arrest for failure to appear. – If a person is arrested on a warrant in a county other than that in which the warrant was issued, and the warrant was issued because of the failure of the person named therein to appear as required pursuant to subpoena or the terms of that person’s release, the person arrested shall be taken without unnecessary delay before the nearest available magistrate. Upon production of the warrant or a certified copy thereof and upon a finding that the person before the magistrate is the person named in the warrant, the magistrate shall hold the person to answer in the county in which the warrant was issued. (d)Bail. – If bail was previously fixed in another county where a warrant, information or indictment issued, the magistrate shall take into account the amount of bail previously fixed and the reasons set forth therefor, if any, but will not be bound by the amount of bail previously fixed. If the magistrate fixes bail different from that previously fixed, he or she shall set forth the reasons for such action in writing.
W.Va. R. Crim. P. 40
Effective October 1, 1981; amended effective September 1, 1995.
