Magistrate court trial procedures

These rules are intended to provide for the just determination of every criminal proceeding. They shall be construed to secure simplicity in procedure, fairness in administration, and the elimination of unjustifiable expense and delay.

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 statute, the presentation and oath or affirmation shall be made by a prosecuting attorney or a law enforcement officer showing reason to have reliable information and belief.

If from the facts stated in the complaint the magistrate finds probable cause, the complaint becomes the charging instrument initiating a criminal proceeding. The magistrate court clerk shall notify the prosecuting attorney on a regular basis when a defendant fails to answer or appear in response to a summons.

The magistrate court clerk shall notify the Division of Motor Vehicles of such failure to answer or appear in cases involving violations of any provision of Chapter 17, 17A, 17B, 17C or 17D of the West Virginia Code, and for any criminal violation charged on or after July 9, , with the exception of parking violations or other unattended vehicle violations.

Notification shall be in the same form as that provided by Rule 22 and Rule 7 e of these Rules and shall be sent within 15 days from the scheduled date to appear unless the defendant answers or appears within that time. Upon a motion by the prosecuting attorney, the magistrate may issue a warrant for arrest of a defendant who without providing good cause has failed to answer or appear at any stage of a proceeding in response to a summons.

In lieu of the procedures set forth in Rules 3 and 4 of these Rules, a law enforcement officer may issue a citation for any offense for which a citation in lieu of an arrest is authorized by W. For such citations, the procedures set forth in Rules 7 a , 7 b 1 , 7 c , and 7 e shall apply. Except as otherwise provided by Rule 7 b , the plea proceeding shall be conducted in open court or by video conferencing and shall consist of reading the complaint to the defendant or stating to the defendant the substance of the charge and calling on the defendant to plead thereto.

The reading of the complaint may be waived by the defendant in open court or by video conferencing. The defendant shall be given a copy of the complaint before being called upon to plead. When a defendant enters a plea of not guilty to a misdemeanor complaint or notifies the court of the intent to plead not guilty or otherwise to contest a misdemeanor citation, the court shall promptly schedule a date and time for trial. If the defendant is not in custody, all parties shall be notified by the court by first-class mail not less than six weeks before such date of trial.

If the defendant is in custody, trial shall be scheduled for the earliest practical date and all parties promptly notified. All such notices shall contain:. The West Virginia Judicial System is an Equal Opportunity Employer committed to providing equal access and unbiased, non-discriminatory treatment to all. All Rights Reserved. Search the site. Rules of Criminal Procedure for Magistrate Courts Rules 1 through 14 NOTE: The Rules of Criminal Procedure for the Magistrate Courts of West Virginia became effective on July 1, Table of Contents Full Table of Contents Scope Purpose and construction Complaint Arrest warrant or summons upon complaint Initial appearance before the magistrate; bail Preliminary examinations Offense arising in another county Failure to appear up on a summons Amendment of complaint, warrant, and summons; harmless error Citation for traffic and natural resources offenses Citation for other offense Plea proceedings Pleas Notice of trial Pretrial motions Service and filing of papers Discovery and inspection; bill of particulars Scope These rules govern the procedure in all criminal proceedings in the magistrate courts of the State of West Virginia.

Purpose and Construction These rules are intended to provide for the just determination of every criminal proceeding. Complaint The complaint shall be presented to and sworn or affirmed before a magistrate in the county where the offense is alleged to have occurred.

Arrest warrant or summons upon complaint Issuance. The magistrate may restrict the execution of the warrant to times during which a magistrate is available to conduct the initial appearance. Within the discretion of the magistrate a summons instead of a warrant may issue.

More than one warrant or summons may issue on the same complaint. If a defendant fails to appear in response to the summons, a warrant shall issue. Probable Cause. It shall describe the offense charged in the complaint.

It shall command that the defendant be arrested and brought before the nearest available magistrate of the county in which the warrant is executed. Execution or Service; and Return. The summons may be served by any person authorized to serve a summons in a civil action. Territorial Limits. The officer need not have the warrant at the time of the arrest, but upon request the officer shall show the warrant to the defendant as soon as possible.

If the officer does not have the warrant at the time of the arrest, the officer shall then inform the defendant of the offense charged and of the fact that a warrant has been issued.

The summons shall be served upon a defendant by delivering a copy to the defendant personally, or by leaving it at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein and by mailing a copy of the summons to the defendant's last known address.

At the request of the attorney for the state any unexecuted warrant shall be returned to and canceled by the magistrate by whom it was issued. On or before the return day the person to whom a summons was delivered for service shall make return thereof to the magistrate before whom the summons is returnable. At the request of the attorney for the state, made at any time while the complaint is pending, a warrant returned unexecuted and not canceled or a summons returned unserved or a duplicate thereof may be delivered by the magistrate to an authorized person for execution or service.

Initial appearance before the magistrate; bail In General. If a person arrested without a warrant is brought before a magistrate, a complaint shall be filed forth with which shall comply with the requirements of Rule 4 a with respect to the showing of probable cause.

When a person, arrested with or without a warrant or given a summons, appears initially before the magistrate, the magistrate shall proceed in accordance with the applicable subdivision of this rule.

Initial Appearances and Arraignments by Video Conferencing. You should stand up in the witness box. If you find standing difficult you should ask the judge or the magistrate if you can sit down. Like all the other witness who have given evidence from the witness box, you will then be asked to swear an oath or affirm.

This means that you have to swear to tell the truth on the Bible or the holy book of your religion. You can inform our representative if you wish to affirm or take the oath. If you wish to take the oath, please inform our representative or the court usher of the holy book on which you wish to swear. You will first be questioned by our advocate examination in chief , and will then be questioned by the other Defence Counsel if you are jointly accused cross-examination. Once the Prosecutor has finished questioning you, our advocate may ask some final questions to clarify any of the answers already given re-examination.

The Magistrates can also ask questions at any stage. Once you have finished giving evidence you will return to the dock. If there are any other Defence witnesses, they will now be called in turn and go through the same procedure. When they are finished giving evidence, they will be released and can either remain in court or go home. If the trial goes over one day or carries on after the lunch break the court will decide if your bail should continue or if you should be remanded in custody sent to jail.

Generally, if you came to court on bail you can expect to be granted bail during the trial. If you came to court from prison you can expect to be taken to the cells during lunch and spend the nights in prison. Once all the Defence evidence has been heard our advocate will close the Defence case and make a closing speech putting forward your case. The Prosecution will not be allowed to address the bench except on matters of law. The Magistrate s will normally retire to consider their verdict.

They will decide your case by a majority vote. If you are found not guilty you will be discharged and your advocate will ask for your reasonable costs to be repaid to you. If you are found guilty then you will either be sentenced immediately or the court will order a pre-sentence report. The Court will also decide whether to grant you bail or send you immediately to jail for the preparation of these reports.

Upon request by the defendant, the execution of a criminal judgment shall be stayed to allow for the filing of a motion for a new trial or a petition for modification of sentence. Upon timely filing of such motion or petition, the execution of a criminal judgment shall be stayed until the same has been decided. In addition to granting the request of the defendant, the magistrate shall require the defendant to post or continue a sufficient bond to assure any required further appearance.

Enforcement of judgments Register of Unsatisfied Judgments. Such register shall include the case number; name of the defendant; address of defendant, if known; nature of the offense; date of sentencing; period of confinement; fine, penalty and costs imposed; forfeiture or restitution ordered; and period of time unserved or amount of fine, penalty, costs, forfeiture and restitution remaining unsatisfied.

Notice of Unsatisfied Judgment. Forfeiture of bond Declaration. Setting Aside. By entering into a bond the obligors submit to the jurisdiction and venue of the magistrate and irrevocably appoint the clerk of the court as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced on motion without the necessity of an independent action.

Search and seizure All matters regarding search and seizure shall be governed by the procedures set forth in Rule 41 of the Rules of Criminal Procedure for Circuit Courts. Peace bonds Applications for peace bonds shall be by complaint and shall be conducted in accordance with the procedures for criminal prosecutions as set forth in these rules. Time Computation. The last day of the time period shall be included, unless it is a Saturday, Sunday, or legal holiday.

When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays and legal holidays shall be excluded in computation. Prior to ruling upon a request for an extension, the magistrate shall make a reasonable effort to notify all other parties and provide them with an opportunity to respond to the request. Extension Prohibited. Time periods for the payment of fines and costs, as authorized by W.

Additional Time After Service by Mail. Harmless error; correction of sentence; clerical mistakes Harmless Error. Correction of Sentence. Clerical Mistakes. Revocation or modification of probation or alternative sentence Preliminary Hearing. The person may waive the preliminary hearing. The person shall be given: Notice of the preliminary hearing and its purpose and of the alleged violation; An opportunity to appear at the hearing and present evidence in his or her own behalf; Upon request, the opportunity to question adverse witnesses unless, for good cause, the magistrate decides that justice does not require the appearance of the witness; and Notice of his or her right to be represented by counsel.

Post Conviction Bond. The person may be released pursuant to Chapter C-1 et. If probable cause is not found to exist, at the preliminary hearing the proceedings shall be dismissed. Revocation Hearing. The person shall be given: Written notice of the alleged violation; Disclosure of the evidence against him or her; An opportunity to appear and to present evidence in his or her own behalf; The opportunity to question adverse witnesses; and Notice of his or her right to be represented by counsel, and, in the event he or she is indigent, of his or her right to appointed counsel.

Discovery in misdemeanor actions The state and the defendant shall make every reasonable effort to informally exchange reciprocal discovery prior to trial. In the event that the parties are unable to reach an agreement on discovery, the following provisions shall apply: Disclosure of evidence by the state. The following must be disclosed by the state, if the state intends to use such evidence during any stage of the court proceedings: Statement of defendant Defendant's prior criminal record Documents and tangible objects Reports of examination and tests Expert witnesses: names, addresses and summary of expected testimony State witnesses: names and addresses Disclosure of evidence by the defendant.