6/25/2023 0 Comments Bill of particulars virginiaThe 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. The warrant shall be executed by the arrest of the defendant. The warrant may be executed or the summons may be served at any place within the state. The summons may be served by any person authorized to serve a summons in a civil action. The warrant shall be executed by any officer authorized by law to arrest persons charged with offenses against the state. The summons shall describe the offense charged in the complaint or attach the complaint, and the summons shall summon the defendant to appear before a magistrate at a stated time and place. It shall command that the defendant be arrested and brought before the nearest available magistrate of the county in which the warrant is executed. It shall describe the offense charged in the complaint or attach the complaint. The warrant shall be signed by the magistrate and shall contain the name of the defendant or, if the defendant's name is unknown, any name or description by which the defendant can be identified with reasonable certainty. The finding of probable cause may be based upon hearsay evidence in whole or in part. If a defendant fails to appear in response to the summons, a warrant shall issue. More than one warrant or summons may issue on the same complaint. Within the discretion of the magistrate a summons instead of a warrant may issue. The magistrate may restrict the execution of the warrant to times during which a magistrate is available to conduct the initial appearance. 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. The complaint is a written statement of the essential facts constituting the offense charged. 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 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.
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