West Virginia CHAPTER 62. — CRIMINAL PROCEDURE
- CHAPTER 62. — CRIMINAL PROCEDURE.
- ARTICLE 1. — PRELIMINARY PROCEDURE.
- §62-1-1. — Complaint.
- §62-1-2. — Warrant -- Issuance.
- §62-1-3. — Same -- Contents.
- §62-1-4. — Same -- Execution; arrest by officer without warrant in possession; duplicate warrants.
- §62-1-5. — Same -- Delivery of prisoner before magistrate; complaint for person arrested without warrant; return.
- §62-1-5a. — Citation in lieu of arrest; failure to appear.
- §62-1-6. — Informing defendant of nature of complaint and his rights; opportunity to confer with counsel and arrange bail.
- §62-1-7. — Offense arising in other county.
- §62-1-8. — Preliminary examination.
- §62-1-9. — Continuance.
- §62-1-10. — Concurrent powers.
- §62-1-11. — Repeal of inconsistent laws.
- §62-1-12. — Severability.
- ARTICLE 1A. — SEARCH AND SEIZURE.
- §62-1A-1. — Search warrant -- Who may issue.
- §62-1A-2. — Same -- Grounds for issuance; property defined.
- §62-1A-3. — Same -- Issuance and contents.
- §62-1A-4. — Same -- Execution and return with inventory.
- §62-1A-5. — Breaking and entering premises.
- §62-1A-6. — Motion for return of property and to suppress evidence.
- §62-1A-7. — Disposition of seized property.
- §62-1A-8. — Purpose of article; construction of other provisions dealing with search warrants; repeal of inconsistent laws.
- §62-1A-9. — Severability.
- ARTICLE 1B. — DISCOVERY.
- §62-1B-1. — Bill of particulars.
- §62-1B-2. — Defendant's statements; reports of examinations and tests; defendant's books, papers and tangible objects.
- §62-1B-3. — Time of motion.
- §62-1B-4. — Severability.
- ARTICLE 1C. — BAIL.
- §62-1C-1. — Right to bail; exceptions; review.
- §62-1C-1a. — Release upon own recognizance authorized.
- §62-1C-2. — Bail defined; form; receipts.
- §62-1C-3. — Fixing of amount; bail may cover two or more charges.
- §62-1C-4. — Recognizance; signing; requirements for signers or surety company; release upon own recognizance; indigent persons.
- §62-1C-5. — Recognizance and deposits subject to order of court or magistrate.
- §62-1C-6. — Continuing bail.
- §62-1C-7. — Forfeiture of bail; basis therefor.
- §62-1C-8. — Same -- Setting aside.
- §62-1C-9. — Same -- Enforcement.
- §62-1C-10. — Same -- Bail in excess of jurisdictional limit of justice or of particular court.
- §62-1C-11. — Same -- Remission.
- §62-1C-12. — Same -- Exoneration; return of deposit.
- §62-1C-13. — Same -- Defects in form of bail.
- §62-1C-14. — Bailpiece; issuance to surety; taking accused into custody.
- §62-1C-15. — Bail for witness.
- §62-1C-16. — Guaranteed arrest bond certificate.
- §62-1C-17. — Offenses against municipalities.
- §62-1C-17a. — Bail in situations of alleged child abuse.
- §62-1C-17b. — Failure to appear; penalties.
- §62-1C-17c. — Bail in cases of crimes between family or household members.
- §62-1C-18. — Repeal of inconsistent laws.
- §62-1C-19. — Severability.
- ARTICLE 1D. — WIRETAPPING AND ELECTRONIC SURVEILLANCE ACT.
- §62-1D-1. — Short title.
- §62-1D-2. — Definitions.
- §62-1D-3. — Interception of communications generally.
- §62-1D-4. — Manufacture, possession or sale of intercepting device.
- §62-1D-5. — Forfeiture of device.
- §62-1D-6. — Admissibility of evidence.
- §62-1D-7. — Designated judges.
- §62-1D-8. — County prosecuting attorney or duly appointed special prosecutor may apply for order authorizing interception.
- §62-1D-9. — Lawful disclosure or use of contents of communication.
- §62-1D-10. — Pen registers and trap and trace devices.
- §62-1D-11. — Ex parte order authorizing interception.
- §62-1D-12. — Civil liability; defense to civil or criminal action.
- §62-1D-13. — Registration of intercepting devices; serial number.
- §62-1D-14. — Breaking and entering, etc., to place or remove equipment.
- §62-1D-15. — Training and certification of law-enforcement officers employed in the interception of wire, oral or electronic communications which require a court order.
- §62-1D-16. — Severability of provisions.
- ARTICLE 2. — PRESENTMENTS AND INDICTMENTS.
- §62-2-1. — Prosecutions to be by presentment or indictment.
- §62-2-2. — When name of prosecutor, etc., to be affixed to indictment, etc.; requiring security for costs from prosecutor.
- §62-2-3. — When costs assessed against prosecutor.
- §62-2-4. — Indictment for perjury; admissibility of certain records, etc., as evidence.
- §62-2-5. — Indictment for embezzlement; description and proof of money in prosecutions for embezzlement and other crimes.
- §62-2-6. — Indictment for forgery.
- §62-2-7. — Proof of possession of or title to property.
- §62-2-8. — Allegations of intent to injure, cheat or defraud.
- §62-2-9. — Unnecessary allegations may be omitted.
- §62-2-10. — Defects not invalidating indictment.
- §62-2-11. — Defects cured by verdict.
- §62-2-12. — Discharge of imprisoned person upon failure to indict within certain time; person not indicted by reason of insanity.
- §62-2-13. — Process, capias and summons in criminal cases.
- §62-2-14. — Direction and execution of process; several writs against same person.
- §62-2-15. — Mailing of process by clerk to officer.
- §62-2-16. — Execution of process within state.
- §62-2-17. — Delivery of prisoner to court, magistrate or jailer.
- §62-2-18. — Repealed.
- §62-2-19. — Prosecutions relating to license taxes, offenses against public policy, etc.
- §62-2-20. — Exceptions to indictments relating to license taxes and offenses against public policy.
- §62-2-21. — Second capias or trial after summons in misdemeanor cases not covered in §62-2-19.
- §62-2-22. — Discontinuance of criminal prosecution for failure to award process or enter continuance.
- §62-2-23. — Prosecutions against corporations; effect of failure of corporation to appear.
- §62-2-24. — Joinder of certain counts.
- §62-2-25. — Compromise or suppression of indictment or presentment.
- ARTICLE 3. — TRIAL OF CRIMINAL CASES.
- §62-3-1. — Time for trial; depositions of witnesses for accused; counsel, copy of indictment, and list of jurors for accused; remuneration of appointed counsel.
- §62-3-1a. — Written guilty plea; form; right to counsel; effect of plea; failure of plea to be signed or witnessed.
- §62-3-2. — Presence of accused during trial; arraignment; plea.
- §62-3-3. — Selection of jury in felony cases; striking jurors; alternate jurors.
- §62-3-4. — Challenge of jurors.
- §62-3-5. — Repealed.
- §62-3-6. — Custody of jury; board and lodging of jurors; conversation with jurors.
- §62-3-7. — Filling vacancy in jury; discharge of jury.
- §62-3-8. — Jury for defendants indicted and tried jointly; jury for separate trials of persons jointly indicted.
- §62-3-9. — Repealed.
- §62-3-10. — Repealed.
- §62-3-11. — Repealed.
- §62-3-12. — Repealed.
- §62-3-13. — Change of venue.
- §62-3-14. — Conviction of part of offense charged in indictment.
- §62-3-15. — Verdict and sentence in murder cases.
- §62-3-16. — Verdicts jury may find on indictments for homicide or assault.
- §62-3-17. — Verdicts jury may find in prosecution for larceny.
- §62-3-18. — Conviction of attempt on trial for felony; effect of general verdict of not guilty.
- §62-3-19. — Faulty counts in indictment.
- §62-3-20. — Verdict and judgment in joint trial.
- §62-3-21. — Discharge for failure to try within certain time.
- ARTICLE 4. — RECOVERY OF FINES IN CRIMINAL CASES.
- §62-4-1. — Fines to accrue to state for support of free schools, unless otherwise provided.
- §62-4-2. — Allowance to informer or person prosecuting.
- §62-4-3. — Fine, imprisonment, etc., to be by indictment, etc.; exception.
- §62-4-4. — Recovery of fines before justice or in court.
- §62-4-5. — Form of proceedings.
- §62-4-6. — Remission of fines by governor.
- §62-4-7. — Remission of fines by courts.
- §62-4-8. — Duties of prosecuting attorney in relation to fines.
- §62-4-9. — Capias pro fine; release of defendant on bond.
- §62-4-10. — Discharge from confinement; allowances for labor while confined.
- §62-4-11. — Fieri facias for collection of fines.
- §62-4-12. — Repealed.
- §62-4-13. — Repealed.
- §62-4-14. — Repealed.
- §62-4-15. — Limitation upon collection of fines.
- §62-4-16. — Community service work may be substituted in lieu of a fine in municipal court.
- §62-4-17. — Suspension of licenses for failure to pay fines and costs or failure to appear in court.
- ARTICLE 5. — COSTS IN CRIMINAL CASES.
- §62-5-1. — Payment of witnesses.
- §62-5-2. — Payment of witness fees and other legal charges by prosecutor.
- §62-5-3. — Repealed.
- §62-5-4. — Fees of officer executing process or rendering service out of county in felony cases.
- §62-5-5. — Certificate by the court as to fees and expenses.
- §62-5-6. — Expenses of preliminary hearing before justice certified to clerk.
- §62-5-7. — Execution for expenses incident to prosecution.
- §62-5-8. — Failure to present claim in time.
- §62-5-9. — Fee to prosecuting attorney out of state treasury; judgment against state for costs.
- §62-5-10. — Mandatory cost assessed upon conviction of a felony.
- ARTICLE 6. — MISCELLANEOUS PROVISIONS CONCERNING CRIMINAL PROCEDURES.
- §62-6-1. — Recognizance to keep the peace; condition.
- §62-6-2. — Failure to give recognizance to keep the peace; commitment to jail; release.
- §62-6-3. — Recognizance of insane person or minor.
- §62-6-4. — Witnesses in criminal cases; forced attendance.
- §62-6-5. — Failure of juror to attend inquest out of court.
- §62-6-6. — Proceedings for fines for contempt or disobedience of process.
- §62-6-6a. — Disposition of prisoners.
- §62-6-7. — Severability.
- ARTICLE 6A. — SECURING ATTENDANCE OF NONRESIDENT WITNESSES.
- §62-1A-1. — Definitions.
- §62-6A-2. — Summoning witness in this state to testify in another state.
- §62-6A-3. — Summoning witness in another state to testify in this state.
- §62-6A-4. — Exemption from arrest or service of process.
- §62-6A-5. — Construction of article.
- §62-6A-6. — How article cited.
- ARTICLE 6B. — PROTECTION AND PRESERVATION OF STATEMENTS AND TESTIMONY OF CHILD WITNESS.
- §62-6B-1. — Legislative findings.
- §62-6B-2. — Definitions.
- §62-6B-3. — Findings of fact required for taking testimony of child witness by closed-circuit television; considerations for court.
- §62-6B-4. — Procedures required for taking testimony of child witness by closed-circuit television; election of defendant; jury instruction; sanction for failure to follow procedures.
- §62-6B-5. — Memorialization of statements of certain child witnesses; admissibility; hearing.
- ARTICLE 7. — EXECUTION OF SENTENCES; STAYS.
- §62-7-1. — Stay of proceedings.
- §62-7-2. — Period of stay when writ of error awarded.
- §62-7-3. — Stay of proceedings; removal to penitentiary after reasonable time pending appeal; procedure for bail.
- §62-7-4. — Repealed.
- §62-7-5. — Repealed.
- §62-7-6. — Repealed.
- §62-7-7. — Removal of convicts to penitentiary -- Generally.
- §62-7-8. — Same -- Prevention of rescue or escape; additional guards.
- §62-7-9. — Same -- Immunity of guards from arrest.
- §62-7-10. — Commitment paper.
- ARTICLE 8. — CRIMES BY AND PROCEEDINGS AGAINST INMATES.
- §62-8-1. — Offenses by inmates; conspiracy.
- §62-8-2. — Punishment of convicts; no discharge from correctional institution while prosecution is pending.
- §62-8-3. — Venue of trials of convicts.
- §62-8-4. — Procedure in sentencing inmates to further confinement for second and third offenses.
- §62-8-5. — Prosecutions for offenses under this article.
- §62-8-6. — Convicts competent as witnesses; proceedings, etc., as in other cases.
- §62-8-7. — Court costs incurred in prosecution of convicts.
- ARTICLE 9. — FORMS OF INDICTMENTS.
- §62-9-1. — General form of indictments.
- §62-9-2. — Indictment for treason.
- §62-9-3. — Indictment for murder.
- §62-9-4. — Indictment for voluntary manslaughter.
- §62-9-5. — Indictment for abortion.
- §62-9-6. — Indictment for robbery.
- §62-9-7. — Repealed.
- §62-9-8. — Indictment for arson.
- §62-9-9. — Indictment for burglary.
- §62-9-10. — Indictment for larceny.
- §62-9-11. — Indictment for embezzlement.
- §62-9-12. — Indictment for false pretenses.
- §62-9-13. — Indictment for taking, injuring or destroying property.
- §62-9-14. — Indictment for false statement of financial condition.
- §62-9-15. — Indictment for giving worthless check.
- §62-9-16. — Indictment for the forgery of writings.
- §62-9-17. — Indictment for perjury.
- §62-9-18. — Indictment for disturbing religious worship.
- §62-9-19. — Indictment for bigamy.
- §62-9-20. — Indictment for adultery.
- §62-9-21. — Indictment for keeping house of ill fame.
- ARTICLE 10. — PREVENTION OF CRIME.
- §62-10-1. — Security to keep the peace.
- §62-10-2. — Intended offense -- Complaint; warrant.
- §62-10-3. — Same -- Hearing; judgment; appeal.
- §62-10-4. — Same -- Proceedings on appeal; discharge from commitment by circuit court.
- §62-10-5. — Recognizance in carrying weapons.
- §62-10-6. — Offenses in presence of constable.
- §62-10-7. — Offenses in presence of justice.
- §62-10-8. — Special peace officers at fairs.
- §62-10-9. — Power and authority of sheriffs, deputy sheriffs and correctional officers to make arrests.
- ARTICLE 11. — FRESH PURSUIT.
- §62-11-1. — Arrests within state by nonresident peace officer.
- §62-11-2. — Procedure upon arrest.
- §62-11-3. — Construction of §62-11-1.
- §62-11-4. — "State" includes District of Columbia.
- §62-11-5. — "Fresh pursuit" defined.
- §62-11-6. — Secretary of state to certify article.
- §62-11-7. — How article cited.
- ARTICLE 11A. — RELEASE FOR WORK AND OTHER PURPOSES.
- §62-11A-1. — Release for work and other purposes by courts of record with criminal jurisdiction.
- §62-11A-1a. — Other sentencing alternatives.
- §62-11A-2. — Employment by county.
- §62-11A-3. — Personnel status; limitation on liability of public officials and county and community service work agencies.
- §62-11A-4. — Violations; penalties.
- ARTICLE 11B. — HOME INCARCERATION ACT.
- §62-11B-1. — Short title.
- §62-11B-2. — Applicability.
- §62-11B-3. — Definitions.
- §62-11B-4. — Home incarceration; period of home incarceration; applicability.
- §62-11B-5. — Requirements for order for home incarceration.
- §62-11B-6. — Circumstances under which home incarceration may not be ordered; exceptions.
- §62-11B-7. — Home incarceration fees; special fund.
- §62-11B-7a. — Employment by county commission of home incarceration supervisors; authority of supervisors.
- §62-11B-8. — Offender responsible for certain expenses.
- §62-11B-9. — Violation of order of home incarceration procedures; penalties.
- §62-11B-10. — Information to be provided law-enforcement agencies.
- §62-11B-11. — Discretion of the court; provisions of article not exclusive.
- §62-11B-12. — Supervision of home incarceration by circuit court.
- §62-11B-13. — Home incarceration for municipal court offenders.
- ARTICLE 11C. — THE WEST VIRGINIA COMMUNITY CORRECTIONS ACT.
- §62-11C-1. — Legislative intent.
- §62-11C-2. — Community corrections subcommittee.
- §62-11C-3. — Duties of the governor's committee and the community corrections subcommittee.
- §62-11C-4. — Special revenue account.
- §62-11C-5. — Establishment of programs.
- §62-11C-6. — Community criminal justice boards.
- §62-11C-7. — Supervision or participation fee.
- §62-11C-8. — Local community criminal justice accounts.
- §62-11C-9. — Use of community corrections programs for those not under court supervision.
- ARTICLE 11D. — HEIGHTENED EXAMINATION AND SUPERVISION FOR CERTAIN SEX OFFENDERS.
- §62-11D-1. — Definitions.
- §62-11D-2. — Polygraph examinations as a condition of supervision for certain sex offenders released on probation, parole or on supervised release.
- §62-11D-3. — Electronic monitoring of certain sex offenders under supervision; tampering with devices; offenses and penalties.
- ARTICLE 11E. — SEXUALLY VIOLENT PREDATOR MANAGEMENT TASK FORCE.
- §62-11E-1. — Legislative findings and intent.
- §62-11E-2. — Sexually Violent Predator Management Task Force created; duties.
- §62-11E-3. — Schedule; public hearings.
- ARTICLE 12. — PROBATION AND PAROLE.
- §62-12-1. — Courts having authority to place offenders on probation.
- §62-12-2. — Eligibility for probation.
- §62-12-3. — Suspension of sentence and release on probation.
- §62-12-4. — Probation of offenders convicted in courts other than courts of record.
- §62-12-5. — Probation officers and assistants.
- §62-12-5a. — Repealed.
- §62-12-6. — Powers and duties of probation officers.
- §62-12-7. — Preliminary investigation; report on prospective probationers.
- §62-12-7a. — Presentence diagnosis and classification; power of court; custody of convicted person; provision for presentence reports; penalty for escape.
- §62-12-8. — Record of order as to release on probation.
- §62-12-9. — Conditions of release on probation.
- §62-12-10. — Violation of probation.
- §62-12-11. — Probation period.
- §62-12-12. — Parole board generally.
- §62-12-12a. — Parole board panels.
- §62-12-13. — Powers and duties of board; eligibility for parole; procedure for granting parole.
- §62-12-13a. — Eligibility date for parole.
- §62-12-14. — Appointment of probation and parole officers and clerical assistants; qualifications of officers; salaries and expenses.
- §62-12-14a. — Director of employment for paroled convicts.
- §62-12-15. — Powers and duties of state parole officers.
- §62-12-16. — Repealed.
- §62-12-17. — Conditions of release on parole.
- §62-12-18. — Period of parole; discharge.
- §62-12-19. — Violation of parole.
- §62-12-20. — To whom article applies.
- §62-12-21. — Repeal of inconsistent laws;"director" construed to mean "board."
- §62-12-22. — Appointment of counsel for parole violators; authority to appoint; payment of counsel.
- §62-12-23. — Notification of parole hearing; victim's right to be heard; notification of release on parole.
- §62-12-24. — Request to continue for good cause and timely notice required.
- §62-12-25. — Parole supervision benefit fund.
- §62-12-26. — Extended supervision for certain sex offenders; sentencing; conditions; supervision provisions; supervision fee.
- §62-12-27. — Mandatory prerelease risk assessment of certain sex offenders.
- ARTICLE 13. — CORRECTIONS MANAGEMENT.
- §62-13-1. — Repealed.
- §62-13-2. — Supervision of probationers and parolees; final determinations remaining with board of probation and parole.
- §62-13-3. — Appointment and qualifications of director.
- §62-13-4. — Powers and duties of commissioner or director generally; compensation and funds of inmates.
- §62-13-5. — Commitments; transfers.
- §62-13-6. — Repealed.
- §62-13-6a. — Payment of jail fees to county commissions.
- §62-13-7. — Repeal of inconsistent laws; transfer of certain functions of board of probation and parole to department of corrections.
- ARTICLE 14. — AGREEMENT ON DETAINERS.
- §62-14-1. — Enactment of compact.
- §62-14-2. — "Appropriate court" defined.
- §62-14-3. — Enforcement of agreement.
- §62-14-4. — Application of habitual criminal law not required.
- §62-14-5. — Escape of prisoner while in temporary custody.
- §62-14-6. — Delivering custody of prisoner.
- §62-14-7. — Central administrator and information agent.