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 defendant shall issue to any officer authorized by law to execute it. If from the facts stated in the complaint the magistrate finds probable cause, the complaint becomes the charging instrument initiating a criminal proceeding.
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. The complaint shall be presented to and sworn or affirmed before a magistrate in the county where the offense is alleged to have occurred. They shall be construed to secure simplicity in procedure, fairness in administration, and the elimination of unjustifiable expense and delay. These rules are intended to provide for the just determination of every criminal proceeding. These rules supplement, and in designated instances supersede, the statutory procedures set forth in Chapter 50 and Chapter 62 of the West Virginia Code. These rules govern the procedure in all criminal proceedings in the magistrate courts of the State of West Virginia.
Arrest warrant or summons upon complaint.
Driving suspended code of va subsequent offender full#
NOTE: The Rules of Criminal Procedure for the Magistrate Courts of West Virginia became effective on JTable of Contents Full Table of Contents Rules of Criminal Procedure for Magistrate Courts Rules 1 through 14
0 kommentar(er)
