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These rules govern the procedure in all criminal proceedings in the circuit courts of West Virginia, as defined in Rule 54(c); and whenever specifically provided in one of the rules, to criminal proceedings before West Virginia magistrates.
Chapter 1—RIGHT TO COUN-SEL. The obligation of police to warn a suspect of both his right to counsel and his right against self-incrimination applies only to custo-dial or other settings where there is a possibility of coercion. State v. Delo-renzo, No. 21-0456, 2022 W. Va. LEXIS 704 (Nov. 17, 2022).
HANDBOOK ON WEST VIRGINIA CRIMINAL PROCEDURE Publication 60852 Release 11 May 2022 HIGHLIGHTS • Chapter 1—RIGHT TO COUNSEL • Chapter 3—ARREST, EX-TRADITION AND DE-TAINER • Chapter 4—SEARCH AND SEIZURE • Chapter 8—INSANITY AND MENTAL COMPE-TENCY • Chapter 9—PRELIMINIARY HEARINGS • Chapter 10—GRAND JURY AND INDICT-MENTS
HANDBOOK ON WEST VIRGINIA CRIMINAL PROCEDURE Publication 60852 Release 9 May 2021 HIGHLIGHTS • Chapter 1—RIGHT TO COUNSEL • Chapter 3—ARREST, EX-TRADITION AND DE-TAINER • Chapter 4—SEARCH AND SEIZURE • Chapter 5—CONFESSIONS • Chapter 8—JURISDICTION AND VENUE • Chapter 13—GUILTY PLEAS • Chapter 17—DEFENSES • Chapter ...
These rules govern the procedure in all criminal proceedings in the magistrate courts of the State of West Virginia. These rules supplement, and in designated instances supersede, the statutory procedures set forth in Chapter 50 and Chapter 62 of the West Virginia Code.
The West Virginia Rules of Civil Procedure, the West Virginia Rules of Criminal Procedure, and the following rule subject areas called The West Virginia Trial Court Rules are declared to be of statewide concern and shall preempt and control in their form and content over any differing local rule.
Included are the entirety of Chapters 61 (Crimes & Their Punishments) and 62 (Criminal Procedure) as well as a curated selection of related articles spanning 25 chapters of the code.
