Capias charge in wv

Capias charge in wv DEFAULT

What You Need to Know About Capias Warrants & Failure to Appear

What is a Capias Charge? 

A capias, like an arrest warrant, is a court-issued document ordering the arrest of the person named on the document. A capias may be issued when a person fails to appear in court or answer to a charge without just cause or the defendant has failed to pay their fine or failed to appear for their criminal hearing. It is also sometimes referred to as a bench warrant. Under West Virginia law, a capias could be a felony or misdemeanor offense and could result in additional jail or prison time and/or fines as high as $5,

How Can a Capias Warrant Result in Jail Time?

Criminal arrest warrants are used to detain suspects for possible prosecution, while capias warrants are generally used to detain a person who has failed to appear in criminal court. Courts can issue a capias warrant if you have been subpoenaed or ordered to appear at a hearing, but you fail to appear. Police can immediately take you into custody and deliver you to jail while you wait for the court to set your case for hearing. Often there is no bail set for a capias—other times the bond may be set very high to deter the individual from missing a future hearing.

Capias warrants can be served by any police officer.  A capias can turn a minor offense into an extended stay at the regional jail pending a hearing. If the individual named in the capias is arrested out of state, he or she may remain incarcerated while awaiting extradition to the jurisdiction that issued the capias.   Bounty hunters or bondsmen can also execute a capias warrant on a person who skips a bail bond.

Speak to a Berkeley County Criminal Defense Attorney Today

Do you have more questions about capias or other types of warrants? Then call our law firm to get the answers you are looking for. At Sutton & Janelle, PLLC we are committed to serving clients throughout Berkeley County, and the state of West Virginia.  We have the skills and resources that you need to secure a fair and fast case result. Let us get to work for you today.

Call () to schedule your consultation with our criminal defense lawyers in Berkeley County.

Categories:Sours: https://www.suttonandjanelle.com/blog//january/what-you-need-to-know-about-capias-warrants-fail/
failure-to-appear-virginia-capias-warrant

UPDATE: Virginia decriminalized simple possession of marijuana on July 1, Click here for details.

Video &#; click to watch instead of reading.

If you had a court date for a traffic or misdemeanor case in Virginia and you failed to appear, then we need to talk about your situation.

You may be facing a Virginia capias warrant, also known as a bench warrant, for failure to appear in court. If you’re lucky, you’ll just have a show cause for failing to appear, but either way, you may be in even more trouble at this point.

If you have a case where you’re facing actual jail time in court such as a DUI, a driving on suspended, a possession of marijuana, and even some forms of reckless driving, and you don’t go to your court date, the remedy for that normally is for the judge to issue a bench warrant for your arrest; it’s a capias warrant for failure to appear in court.

What happens after a capias warrant is issued in Virginia?

What a Virginia capias warrant means is that any officer who can find you is going to have the power to arrest you and take you to jail. Then take you in front of the judge for arraignment on the capias and then also to answer for the underlying charge for whatever you missed the court date for originally.

If you failed to appear at court and a capias warrant was issued, you may be facing two misdemeanors instead of just the original charge, and in some cases, judges actually do send people to jail for not coming to court.

What should you do about failure to appear in Virginia?

The best thing to do is to talk with an attorney right away. If it’s still the same day that you’re supposed to be in court and you simply didn’t have a ride or your transportation broke down, you should definitely call the court as well.

In some courts, if you can get yourself to the courthouse before the close of business on the same day, the judge may withdraw that bench warrant and might convert it to a show cause or may simply continue the case to another day for a hearing.

You’ll still probably have to answer for why you weren’t there on time; however, it can make the situation better if you show up to court on the same day you were supposed to be there.

What if the court date was a while ago and you’re just now realizing that you missed it?

In a situation where you missed court more than a day ago, that’s where you definitely need to call me. We can discuss your situation and what you’re really looking at. If you have an explanation for why you weren’t in court, you definitely should gather paperwork or witnesses about what happened.

For example, if you were in the hospital, then we may have a really good argument if the paperwork show you were there during your required court appearance. We&#;ll want to bring copies of that to show the judge.

If you have a capias warrant, you’ll need to have that served on you, and it’s best if you can turn yourself in on the capias instead of being arrested when it’s inconvenient and perhaps very embarrassing. This is another thing that I can help you with, and I know the courts around Fredericksburg, Spotsylvania and Stafford.

If you call me, we can hopefully arrange a good time for the court and you to turn yourself in. In some cases, it may be where you get arraigned on the capias that very day and the judge just sets a new court date for all your charges. Basically, he can make it a little more convenient experience and hopefully you won’t have to worry about posting bond with a bondsman.

Also, turning yourself in does look good. When you answer for the capias in court on the trial date, you’re going to be able to show the judge that you really are trying to be responsive to the court and once you’ve learned about the problem, you took action quickly and then turned yourself in voluntarily on the capias.

The important thing to remember is that capias or a show cause certainly has ramifications. If you’re found guilty of failing to appear in court, the judge can give you jail time so it is definitely a situation where you want give me a call so we can see what I can do for you, and I can help advise you about possible jail time. If you’re facing a capias for failure to appear or not showing up in court, give me a call today so we can begin discussing the logistics and the possible outcome.

Video

Video Transcription

What do you do if you fail to appear for court in Virginia. Let me give you some answers. Hi, I&#;m Andrew Flusche, I&#;m your Virginia defense attorney and one question that I get quite often is someone calling in saying, &#;Hey, I missed my court date, what do I do now?&#; The answer is that it&#;s going to depend upon the type of case you were facing and the stage that your case is at, but you&#;re definitely smart to be contacting a traffic attorney or defense attorney. What I always recommend is if you miss court, the first call you should be making is obviously to the court to see what they tell you to do, because sometimes if you miss court and you call later that day, they might can get you into court that day and maybe try to make the case a little smoother and not have really bad ramifications for being late essentially.

If you&#;ve talked to the court and they&#;re not very helpful or they just tell you to call an attorney, you should definitely call an attorney next to figure out what you&#;re looking at. If you missed court and you&#;re charged with simply a speeding ticket or some kind of other traffic ticket that you could have just paid in advanced, likely what has happened at this point is the judge has now found you guilty of that offense and you&#;re going to get a bill in the mail. The good news is that you do have the right to request a new hearing from the same judge, so you can do what&#;s called a motion to reopen the case or you can actually just appeal the case. You have 10 days to appeal the case and you get a brand new trial in the circuit court, so you have a different judge, but you have a brand new trial. That&#;s something we can definitely talk about.

If you are facing an offense where there&#;s possible jail time, such as some times of reckless driving, DUI, marijuana, shoplifting, a lot of cases like that where there is possible jail time on the table, the judge may have found you guilty in your absence, depending on the fact, but he also may have actually issued a show cause, which is a paper basically or a need to appear and explain why you didn&#;t show up or he could have issues a Capias, which is a bench warrant for your arrest. This is why you should definitely contact the court first to see what papers may be coming for you or if you may be getting a visit from a deputy to actually arrest you. If that&#;s the case, what you want to do in my opinion, is normally to turn yourself in as soon as possible. That shows good faith to the judge. That shows that it may have been just a mistake and you messed up the calendar or you had car trouble or whatnot. It also helps expedite the process to get the case back on track.

As you can see, there&#;s a lot of different scenarios about what you could have been charged with and then of course, what the judge might do if you missed court. If you fail to appear in court in Virginia, you definitely should contact the court first, then contact a local experienced defense counsel like myself and I&#;m happy to help you try to figure out what we can do to get the case back on track and try to minimize the damage, and then of course help you try to address the original charge itself and put on the best defense we can. Contact me if you need help for missing court in Virginia.

Andrew Flusche

My name is Andrew Flusche. I am a traffic and misdemeanor defense lawyer in Virginia. I limit my practice to traffic tickets and misdemeanor defense, so I know the ins and outs of these offenses. I literally wrote the book on reckless driving in Virginia which you can get on Amazon here or download for free here. I opened my practice in after earning my Juris Doctor degree from the University of Virginia School of Law. Since then, I have earned over 5-star reviews from happy clients on Google, Yelp, and Facebook. If you’ve been charged with a misdemeanor offense in Virginia, please don’t hesitate to contact me. Your initial consultation is always free, and you'll talk directly with me about the details of your case.

Sours: https://www.andrewflusche.com/blog/failure-to-appear-in-virginia-what-to-do/
  1. Fnaf 3 keypad code
  2. Rockford fosgate speakers
  3. Yamaha tw200 foot pegs
  4. United auto sales yorkville
  5. Edd site down

West Virginia Judiciary

Scope

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.


Purpose and Construction

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.


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. 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.


Arrest warrant or summons upon complaint
  1. Issuance. — 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. 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.
  2. Probable Cause. — The finding of probable cause may be based upon hearsay evidence in whole or in part.
  3. Form.
    1. Warrant. — 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. 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.
    2. Summons. — The summons shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at a stated time and place.
  4. Execution or Service; and Return.
    1. By Whom. — The warrant shall be executed by any officer authorized by law to arrest persons charged with offenses against the state. The summons may be served by any person authorized to serve a summons in a civil action.
    2. Territorial Limits. — The warrant may be executed or the summons may be served at any place within the state.
    3. Manner. — The warrant shall be executed by the arrest of the defendant. 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.
    4. Return. — The officer executing a warrant shall make return thereof to the magistrate or other officer before whom the defendant is brought pursuant to Rule 5. 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
  1. In General. — An officer making an arrest under a capias or a warrant issued upon a complaint or any person making an arrest without a warrant shall take the arrested person without unnecessary delay before a magistrate within the county where the arrest is made. 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.
  2. Initial Appearances and Arraignments by Video Conferencing. — If any person is arrested upon a warrant issued upon a complaint or capias, or arrested without a warrant, and if any such person is detained in a regional jail before an initial appearance, or if any person is detained in a regional jail and then served with a criminal complaint or other charging document charging such person with additional charges, the initial appearance on all such charges shall be conducted by video conferencing by a magistrate of the county of the charging jurisdiction. If such initial appearance cannot occur by video conferencing before a magistrate in the county of the charging jurisdiction, such initial appearance shall be conducted by video conferencing by either a magistrate of the county of arrest, if different from the county of the charging jurisdiction, or a magistrate of the county in which the regional jail is located. Provided, arraignments may be conducted by video conferencing only if the plea to be entered is a not guilty plea.
  3. Misdemeanor Offense Triable Before a Magistrate. — If the charge against the defendant is an offense triable by a magistrate, unless the defendant waives the right to a trial on the merits, the magistrate shall proceed in accordance with rules of procedure set forth herein. The magistrate shall inform the defendant of the complaint and any affidavit filed therewith, of the right to retain counsel, of the right to request the assignment of counsel if the defendant is unable to obtain counsel, of the right to demand a jury trial, and of the general circumstances under which the defendant may secure pretrial release. The magistrate shall inform the defendant that he or she is not required to make a statement and that any statement made by the defendant may be used against him or her. The magistrate shall allow the defendant reasonable time and opportunity to consult with counsel or with at least one relative or other person for the purpose of obtaining counsel or arranging bail as provided by statute or in these rules.
  4. Demand for Jury Trial. — When a magistrate informs a defendant of the right to demand a jury trial, the defendant shall also be informed that the demand must be made to the court in writing either within 20 days after the initial appearance or 20 days after an attorney is appointed by the circuit court, whichever applies, or the right will be waived and the trial will be before the magistrate without a jury. The magistrate shall further inform the defendant that if a jury trial is demanded, the demand may not be withdrawn if the prosecuting attorney objects to the withdrawal.
  5. Offenses not Triable by the Magistrate. — If the charge against the defendant is to be presented for indictment, the defendant shall not be called upon to plead. The magistrate shall inform the defendant of the complaint and any affidavit filed therewith, of the right to retain counsel, of the right to request the assignment of counsel, of the right to request the assignment of counsel if the defendant is unable to obtain counsel, and of the general circumstances under which the defendant may secure pretrial release. The magistrate shall inform the defendant that he or she is not required to make a statement and that any statement made by the defendant may be used against him or her. The magistrate shall also inform the defendant of the right to a preliminary examination. The magistrate shall allow the defendant reasonable time and opportunity to consult with counsel or with at least one relative or other person for the purpose of obtaining counsel or arranging bail as provided by statute or in these rules and shall admit the defendant to bail as provided by statute or in these rules.

    If the offense is to be presented for indictment, a defendant is entitled to a preliminary examination unless waived. If the defendant waives preliminary examination, the magistrate clerk shall transmit forthwith to the clerk of the circuit court all papers in the proceeding. The magistrate court clerk shall also transmit to the prosecuting attorney a copy of the criminal case history sheet. Thereafter, the proceeding shall remain within the jurisdiction of the circuit court and shall not be remanded to the magistrate. If the defendant does not waive the preliminary examination, the magistrate shall schedule a preliminary examination. Such examination shall be held within a reasonable time but in any event not later than 10 days following the initial appearance if the defendant is in custody and no later than 20 days if the defendant is not in custody; provided, however, that the preliminary examination shall not be held if the defendant is indicted or if an information against the defendant is filed in circuit court before the date set for the preliminary examination. With the consent of the defendant and upon a showing of good cause, taking into account the public interest in the prompt disposition of criminal cases, time limits specified in this subdivision may be extended one or more times by a magistrate. In the absence of such consent by the defendant, time limits may be extended by a judge of the circuit court only upon a showing that extraordinary circumstances exist and that delay is indispensable to the interests of justice.
  6. Bail.
    1. The magistrate who originally sets bail retains jurisdiction with respect to bail only until the case is assigned. The assigned magistrate shall then have jurisdiction until the preliminary examination is held or waived, until the trial is held, or until the case is otherwise disposed of, subject to the provision of Rule 2(a) of the Administrative Rules for the Magistrate Courts.
    2. A third party may secure pretrial release in the absence of a defendant who is in custody when the record contains a written acknowledgment of the terms and conditions of pretrial release signed by a magistrate and the defendant. Any magistrate may accept bail in the absence of the defendant provided that the third party reviews and agrees to the same terms and conditions of pretrial release by executing a separate written acknowledgment before the magistrate. No change may be made in the terms and conditions of pretrial release between the acknowledgment executed by the defendant and magistrate and the acknowledgment executed by the third party.
    3. Except as provided by Rule (c) of these rules, a magistrate may grant or deny a motion for change of bail or bond only after due notice to both the defendant and the attorney for the state and upon a hearing, which shall be held within 5 days of the date the motion is filed.
    4. When setting the conditions of bail or bond in any case involving allegations of domestic violence, including, but not limited to, those cases in which West Virginia Code § Cc applies, the magistrate setting the bail or bond shall include a condition that the defendant appear with counsel periodically for a hearing to determine whether the defendant has been fully compliant with the conditions of bond. Such hearings shall be scheduled at the time the defendant is released on bail or bond and shall occur no less frequently than every sixty days, although the magistrate may schedule such hearings as frequently as the nature of the case may warrant.

Preliminary Examination
  1. Probable Cause Finding. — If from the evidence it appears that there is probable cause to believe that an offense has been committed and that the defendant committed it, the magistrate shall forthwith hold the defendant to answer in circuit court. The state shall be represented by the prosecuting attorney at the preliminary examination. Witnesses shall be examined and evidence introduced for the state under the rules of evidence prevailing in criminal trials generally except that hearsay evidence may be received, if there is a substantial basis for believing:
    1. That the source of the hearsay is credible;
    2. That there is a factual basis for the information furnished; and
    3. That it would impose an unreasonable burden on one of the parties or on a witness to require that the primary source of the evidence be produced at the hearing.
    The defendant may cross-examine adverse witnesses and may introduce evidence. Objections to evidence on the ground that it was acquired by unlawful means are not properly made at the preliminary examination. Motions to suppress must be made to the trial court as provided in Rule 12 of the Rules of Criminal Procedure applicable to circuit courts. On motion of either the state or the defendant, witnesses shall be separated and not permitted in the hearing room except when called to testify.
  2. Discharge of Defendant. — If from the evidence it appears that there is no probable cause to believe that an offense has been committed or that the defendant committed it, the magistrate shall dismiss the complaint and discharge the defendant. The discharge of the defendant shall not preclude the state from instituting a subsequent prosecution for the same offense.
  3. Records.
    1. A magistrate shall record electronically every preliminary examination conducted. If by reason of unavoidable cause it is impossible to record all or part of a preliminary examination electronically, a magistrate may proceed with the hearing but shall make a written record of the failure to do so and of the cause thereof.

      A magnetic tape or other electronic recording medium on which a preliminary examination is recorded shall be indexed and securely preserved by the magistrate court clerk or, as assigned by the clerk, by the magistrate assistant.

      For evidentiary purposes, a duplicate of such electronic recording prepared by the clerk of the magistrate or of the circuit court shall be a "writing" or "recording" as those terms are defined in Rule of the West Virginia Rules of Evidence, and unless the duplicate is shown not to reflect the contents accurately, it shall be treated as an original in the same manner that data stored in a computer or similar data is regarded as an "original" under such rule.

      When requested by the state, the defendant, or any interested person, the clerk of the magistrate or of the circuit court shall provide a duplicate copy of the tape or other electronic recording medium of any preliminary examination held. Any defendant requesting the copy who has not been permitted to proceed with appointed counsel, any prosecutor who does not supply a blank tape, and any other person shall pay to the magistrate court an amount equal to the actual cost of the tape or other medium or the sum of five dollars, whichever is greater.

      Preparation of a transcript of the record or any designated portions thereof shall be the responsibility of the party desiring such transcript.
  4. If probable cause is found at the conclusion of a preliminary examination in magistrate court: (i) the magistrate clerk shall transmit to the prosecuting attorney a copy of the criminal case history sheet; (ii) when the proceeding is recorded electronically, the magistrate clerk shall transmit forthwith to the clerk of the circuit court all papers and electronic records of the proceeding; if for unavoidable cause the proceeding or part thereof has not been recorded electronically, the magistrate shall promptly make or cause to be made a summary written record of the proceeding, and the magistrate clerk shall transmit forthwith to the clerk of the circuit court such record and all other papers of the proceeding. Once the records of the proceeding are transmitted to the clerk of the circuit court, the felony charge shall remain within the sole jurisdiction of the circuit court and shall not be remanded to the magistrate for any purpose.

Offense arising in another county
  1. Appearance Before Magistrate. — If a person is arrested and brought before a magistrate on a warrant or capias issued upon a complaint, information or indictment, for an offense alleged to have been committed in a county other than the county of arrest, such magistrate in the county of arrest shall conduct an initial appearance and the defendant given an opportunity to post bond if applicable. If the defendant is unable to provide bail in the county of arrest, he or she shall be temporarily committed to the regional jail serving the county of arrest. Such temporary commitment shall be on behalf of the charging county. The magistrate court of the county of arrest shall immediately transmit, via facsimile and the original via United States mail, all papers to the magistrate court of the charging county wherein the examination or trial is to be held, there to be dealt with as provided by these rules.
  2. Initial Appearances and Arraignments by Video Conferencing. — If a person is arrested on a warrant or capias issued upon a complaint, information or indictment for an offense alleged to have been committed in a county other than the county of arrest, and if such person is detained in a regional jail before an initial appearance, or if any person is detained in a regional jail and then served with a criminal complaint or other charging document charging such person with additional charges, the initial appearance on all such charges shall be conducted by video conferencing by a magistrate of the county of the charging jurisdiction. Provided that, prior to any such initial appearance being conducted by video conferencing by the county of the charging jurisdiction, the magistrate of the county of arrest shall immediately transmit, via facsimile and the original via United States mail, all papers to the magistrate court of the charging jurisdiction. If such initial appearance cannot occur by video conferencing before a magistrate of the county of the charging jurisdiction, such initial appearance shall be conducted by video conferencing by either a magistrate of the county of arrest, if different from the county of the charging jurisdiction, or a magistrate of the county in which the regional jail is located. Provided, arraignments may be conducted by video conferencing only if the plea to be entered is a not guilty plea.
  3. Bail. — If bail was previously fixed in another county where a warrant, information or indictment issued, the magistrate shall take into account the amount of bail previously fixed and the reasons set forth therefor, if any, but will not be bound by the amount of bail previously fixed. If the magistrate fixes bail different from that previously fixed, he or she shall set forth the reasons for such action in writing.

Failure to appear upon a summons

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.


Amendment of complaint, warrant, and summons; harmless error
  1. Amendment. — Upon motion, the magistrate shall permit the complaint, warrant, summons or any other document to be amended at any time before verdict if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced.
  2. Harmless Error. — Error in the citation of the statute or rule or regulation which the defendant is alleged to have violated, or the omission of the citation shall not be ground for dismissal or for reversal of a conviction if the error or omission did not mislead the defendant to his or her prejudice.

Citation for traffic and natural resources offenses
  1. Citation. — In lieu of the procedures set forth in Rules 3 and 4 of these rules, a law enforcement officer may prepare and serve a citation as the instrument charging a misdemeanor violation of Chapter 17, 17A, 17B, or 17C, except as provided by West Virginia Code § 17C, 17D, or 20 of the West Virginia Code. The citation must state the offense charged and notify the defendant of the requirement to answer or appear in response to the charge, by a date certain, in the magistrate court of the county where the offense occurred.
  2. Pleas of Guilty or No Contest. — The citation shall be a sufficient document to which the defendant may plead guilty or no contest. Before accepting a plea of guilty or no contest, the magistrate shall inform the defendant of the charge and the penalties the court may impose. The magistrate shall also advise that the defendant has the right to be represented by an attorney, that the defendant may plead not guilty to the charge and demand a trial by jury in accordance with the time limits set forth in Rule 5(c) of these rules, and that by pleading guilty the defendant waives all of these rights.
    1. For violations of West Virginia Code § 17B (driving while license suspended or revoked), except 17B(a) first offense or second offense, West Virginia Code § C (negligent homicide), West Virginia Code § 17C (DUI), West Virginia Code § 17C (reckless driving) and West Virginia Code Chapter 20 offenses involving injury to the person, a plea of guilty or no contest shall be made in person before a magistrate in the county where the offense occurred.
    2. For all other citations such pleas of guilty or no contest may also be made by telephone to a magistrate in the county where the offense occurred. In such instances the magistrate, upon advising the defendant, accepting the plea, and imposing the fine and costs, shall direct the defendant to complete the guilty plea form on the citation and to deliver by mail to the magistrate court the citation and all fines and costs assessed.
  3. Plea of Not Guilty. — A plea of not guilty to a traffic or natural resources citation may be made in person before a magistrate in the county in which the offense was charged, or by mail to the magistrate court of such county. In such instances, a complaint must be filed at or prior to trial which complies with the probable cause requirements of Rule 4 and an initial appearance conducted pursuant to the procedures set forth in Rule 5 of these rules. Upon motion of the defendant, a continuance may be granted if necessary to provide time to meet any new information set forth in the complaint and if the refusal to grant such continuance would substantially prejudice the rights of the defendant.
  4. Motion to Dismiss. — A defendant may seek dismissal of a traffic or natural resources citation prior to trial by filing, on a form provided by the magistrate court, a motion to dismiss. Such motion shall state with particularity the grounds upon which dismissal is sought. Upon receipt of such motion, the magistrate court shall promptly forward a copy of such motion to the prosecuting attorney. If upon 10 days from the date of delivery of such motion to the prosecuting attorney no objection is made, the magistrate may dismiss the citation. If within 10 days from the date of delivery the prosecuting attorney objects to such motion, the case shall proceed to hearing or trial.
  5. Failure to Appear. — The magistrate court clerk on a regular basis shall notify the prosecuting attorney of citations for which the defendant failed to answer or appear. The magistrate court clerk shall notify the Division of Motor Vehicles of all such instances involving a failure to answer or appear in response to a citation charging a violation 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 and other violations for which a citation may be issued to an unattended vehicle. Such notification shall be provided in the same form as that provided by Rule and Rule 22 of these Rules and shall be sent within 15 days from the scheduled date to answer or appear unless the defendant answers or appears within that time.

    Upon motion by the prosecuting attorney, the magistrate may issue a warrant for the arrest of a defendant who without showing good cause has failed to answer or appear at any stage of a proceeding in response to a citation.

Citation for other offenses

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.Va. Code § a. For such citations, the procedures set forth in Rules 7(a), 7(b)(1), 7(c), and 7(e) shall apply.


Plea proceedings

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.


Pleas
  1. Alternatives. — A defendant may plead not guilty, guilty, or, with the consent of the magistrate, no contest.
  2. Advice to Defendant. — Before accepting a plea of guilty or no contest, the magistrate must address the defendant personally in open court and inform the defendant of, and determine that the defendant understands, the following:
    1. The nature of the charge to which the plea is offered, the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law; and
    2. If the defendant is not represented by an attorney, that the defendant has the right to be represented by an attorney at every stage of the proceeding and, if necessary, one will be appointed to represent the defendant; and
    3. That the defendant has the right to plead not guilty or to persist in that plea if it has already been made, and that the defendant has the right to be tried by a jury and at that trial the right to the assistance of counsel, the right to confront and cross-examine adverse witnesses, the right against compelled self-incrimination, and the right to call witnesses; and
    4. That if a plea of guilty or no contest is accepted by the magistrate there will not be a further trial of any kind, so that by pleading guilty or no contest the defendant waives the right to a trial; and
    5. That upon a plea of guilty or no contest, the magistrate may question the defendant under oath, on the record, about the offense to which he or she has pleaded, and that the defendant's answers may later be used against him or her in a prosecution for false swearing.
  3. Ensuring That the Plea Is Voluntary. — The magistrate shall not accept a plea of guilty or no contest without first, by addressing the defendant personally in open court, determining that the plea is voluntary and not the result of force or threats or of promises apart from a plea agreement. The magistrate shall also inquire as to whether the defendant's willingness to plead guilty or no contest results from prior discussions between the attorney for the state and the defendant or the defendant's attorney.
  4. Record of Proceedings. — Before accepting a plea of guilty or no contest, the magistrate shall receive from the defendant, on a form provided by the magistrate, a statement signed by the defendant acknowledging that the magistrate has addressed the matters set forth in sections (b) and (c) of this rule.
  5. Withdrawal of Plea of Guilty or No Contest. — A magistrate may neither entertain nor grant a motion to withdraw a plea of guilty or no contest.

Notice of trial

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:

  1. The date, place and time of trial;
  2. The name of the magistrate scheduled to hear the case;
  3. A statement of the time periods in which pretrial motions must be filed, in accordance with Rule 12;
  4. A statement of the manner in which pretrial motions may be filed;
  5. A statement of the restrictions upon continuances as set forth in Rule 12; and
  6. A statement of the manner by which motions for disqualification may be filed as set forth in Rule 1B of the Administrative Rules for Magistrate Courts.

Pretrial motions
  1. Time Periods. — Unless good cause is shown as to why such requirements should be excused, the following motions, if made, shall be made in writing and shall be filed with the court and served upon all parties not less than 10 days before the first date scheduled for trial:
    1. Motion and affidavit for transfer to another magistrate;
    2. Motion for continuance; and
    3. Any other motion which, if granted, would require rescheduling of the hearing or trial.
    The clerk, deputy clerk, or magistrate assistant shall provide appropriate forms on which such pretrial motions may be made.

    All other pretrial motions may be made at any time in writing prior to trial, or may be made orally or in writing at time of trial.
  2. Continuance. — A motion for a continuance may be granted only upon:
    1. Compliance with the requirements set forth in section (a) of this rule;
    2. A showing of good cause; and
    3. A reasonable effort by the magistrate to notify all parties and provide them with an opportunity to respond to the motion.

Service and filing of papers
  1. Service. — Written motions, notices, and similar papers shall be served upon each of the parties in the same manner as provided for service of such papers in civil actions in magistrate court.
  2. Filing. — Papers required to be served shall be filed with the court in the same manner as provided for filing of papers in civil actions in magistrate court.

Discovery and inspection; bill of particulars

[Reserved]

Sours: http://www.courtswv.gov/legal-community/court-rules/Magistrate/mag-criminal.html

West Virginia Judiciary

Presence of the defendant
  1. Presence required. — The defendant shall be present at the arraignment, at the time of the plea, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by this rule.
  2. Continued presence not required. — The further progress of the trial to and including the return of the verdict shall not be prevented and the defendant shall be considered to have waived the right to be present whenever a defendant, initially present:
    1. Is voluntarily absent after the trial has commenced (whether or not the defendant has been informed by the court of the obligation to remain during the trial); or
    2. After being warned by the court that disruptive conduct will cause his or her removal from the courtroom, persists in conduct which is such as to justify exclusion from the courtroom.
  3. Presence not required. - A defendant need not be present in the following situations:
    1. A corporation may appear by counsel for all purposes.
    2. In prosecutions for offenses punishable by fine or by imprisonment for not more than one year or both, the court, with the written consent of the defendant, may permit arraignment, plea, trial and imposition of sentence in the defendant's absence.
    3. At a conference or argument upon a technical question of law not depending upon facts within the personal knowledge of the defendant.
    4. At a reduction of sentence under Rule

[Effective October 1, ; amended effective September 1, ]


Right to and assignment of counsel
  1. Right to assigned counsel. — Every defendant who is unable to obtain counsel shall be entitled to have counsel assigned to represent him or her at every stage of the proceedings from initial appearance before the magistrate or the court through appeal, unless the defendant waives such appointment.
  2. Assignment procedure. — The procedures for implementing the rights set out in subdivision (a) shall be those provided by Chapter 51, Article 11, Section 1, et seq., of the West Virginia Code of , as amended, and by local rules of court established pursuant thereto.
  3. Joint representation. — Whenever two or more defendants have been jointly charged pursuant to Rule 8(b) or have been joined for trial pursuant to Rule 13, and are represented by the same retained or assigned counsel or by retained or assigned counsel who are associated in the practice of law, the court shall promptly inquire with respect to such joint representation and shall personally advise each defendant of the right to effective assistance of counsel, including separate representation. Unless it appears that there is good cause to believe no conflict of interest is likely to arise, the court shall take such measures as may be appropriate to protect each defendant's right to counsel.

[Effective October 1, ; amended effective September 1, ]


Time
  1. Computation. — In computing any period of time, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, or when the act to be done is the filing of some paper in court, a day on which weather or other conditions have made the office of the clerk of the court inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. When a period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. As used in these rules, legal holiday includes New Year's Day, Martin Luther King, Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day and any other day appointed as a holiday by the governor or the legislature of West Virginia and all holidays as set forth in Chapter 2, Article 2, Section 1, of the West Virginia Code of , as amended.
  2. Enlargement. — When an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion:
    1. With or without motion or notice, order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or
    2. Upon motion made after the expiration of the specified period, permit the act to be done if the failure to act was the result of excusable neglect; but the court may not extend the time for taking any action under Rules 29, 33, 34 and 35, except to the extent and under the conditions stated in them.
  3. Unaffected by expiration of term. — The period of time provided for the doing of any act or the taking of any proceeding is not affected or limited by the expiration of a term of court. The expiration of a term of court in no way affects the power of a court to do any act in a criminal proceeding.
  4. For motions; affidavits. — A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than five days before the time specified for the hearing unless a different period is fixed by rule or order of the court. For cause shown such an order may be made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion; and opposing affidavits may be served not less than one day before the hearing unless the court permits them to be served at a later time.
  5. Additional time after service by mail. — Whenever a party has the right or is required to do an act within a prescribed period after the service of a notice or other paper upon that party and the notice or other paper is served by mail, three days shall be added to the prescribed period.

[Effective October 1, ; amended effective September 1, ]


Release from custody
  1. Release prior to trial. — Eligibility for release prior to trial shall be in accordance with Chapter 62, Article 1C, Section 1 of the West Virginia Code of , as amended.
  2. Release during trial. — A person released before trial shall continue on release during trial under the same terms and conditions as were previously imposed unless the court determines that other terms and conditions or termination of release is necessary to assure such person's presence during the trial or to assure that his or her conduct will not obstruct the orderly and expeditious progress of the trial.
  3. Pending sentence and notice of appeal. — Eligibility for release pending sentence or pending notice of intent to appeal or expiration of the time allowed for filing notice of appeal shall be in accordance with Chapter 62, Article 1C, Section 1(b), of the West Virginia Code of , as amended. The burden of establishing that the defendant will not flee or pose a danger to any other person or to the community rests with the defendant. The burden of establishing eligibility for bail under this subsection rests with the defendant.
  4. Justification of sureties. — Every surety, except a surety which is approved as provided by law, shall justify by affidavit and may be required to describe in the affidavit the property by which the surety proposes to justify and the encumbrances thereon, the number and amount of other bonds and undertakings for bail entered into by the surety, and remaining undischarged, and all the other liabilities of the surety. No bond shall be approved unless the surety thereon appears to be qualified. Any surety or bond required by this rule may be approved by any magistrate or circuit judge permitted to accept the same.
  5. Forfeiture.
    1. Declaration. — If there is a breach of condition of a bond, the circuit court shall declare a forfeiture of the bail.
    2. Setting aside. — The court may direct that a forfeiture be set aside, upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture.
    3. Enforcement. — When a forfeiture has not been set aside, the circuit court shall on motion enter a judgment of default, and execution may issue thereon. By entering into a bond the obligors submit to the jurisdiction and venue of the circuit court 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. The motion and notice of the motion, and the hearing thereon, shall comply with Chapter 62, Article 1C, Section 9 of the West Virginia Code of , as amended.
    4. Remission. — After entry of such judgment, the court may remit it in whole or in part under the conditions applying to the setting aside of forfeiture in paragraph (2) of this subdivision.
  6. Exoneration. — When the condition of the bond has been satisfied or the forfeiture thereof has been set aside or remitted, the court shall exonerate the obligors and release any bail, and if the bail be in a form other than a recognizance, the deposit shall be returned to the person who made the same. A surety may be exonerated by a deposit of cash in the amount of the bond or by a timely surrender of the defendant into custody.
  7. Supervision of detention pending trial. — The court shall exercise supervision over the detention of defendants and witnesses within the county pending trial for the purpose of eliminating all unnecessary detention. The attorney for the state shall make a biweekly report to the court listing each defendant and witness who has been held in custody pending indictment, arraignment or trial for a period in excess of 10 days. As to each witness so listed, the attorney for the state shall make a statement of the reasons why such witness should not be released with or without the taking of a deposition pursuant to Rule 15(a). As to each defendant so listed, the attorney for the state shall make a statement of the reasons why the defendant is still held in custody.
  8. Bail determination hearings. — Upon motion of the defendant for release pursuant to subdivisions (a), (b) or (c) of this rule, the court or magistrate exercising jurisdiction over the case shall immediately order a hearing to determine the defendant's eligibility for bail or release or to determine the amount of bail.
    1. Time of hearing. — The hearing shall be held within a reasonable time not later than five days after the filing of the motion, but:
      1. With the consent of the defendant and upon a showing of cause, the hearing may be continued one or more times; and
      2. In the absence of the defendant, the hearing may be continued only upon a showing that extraordinary circumstances exist and that the delay is indispensable to the interests of justice.
    2. Procedures. — The magistrate or circuit court shall issue process necessary to summon witnesses within the state for either the attorney for the state or the defendant. Both the attorney for the state and the defendant may offer evidence in their behalf. Each witness, including a defendant testifying in his or her own behalf, shall testify under oath or affirmation and may be cross-examined. The magistrate or circuit court may make any order with respect to the conduct of the hearing that such magistrate or judge could make at the trial of a criminal case.
    3. Testimony of defendant. — A defendant who testifies at the hearing may nonetheless decline to testify at trial, in which case his or her testimony at the hearing is not admissible in evidence. If the defendant testifies at trial, his or her testimony at the hearing is admissible in evidence to the extent permitted by law.
    4. Evidence. - Objections to evidence on the ground that it was acquired by unlawful means are not properly made by any hearing under this subsection. Hearsay evidence may be received, if there is a substantial basis for believing:
      1. That the source of hearsay is credible;
      2. That there is a factual basis for the information furnished; and
      3. That it would impose an unreasonable burden on one of the parties or on a witness to require that the primary source of the evidence be produced at the hearing.
    5. Finding and disposition. — The magistrate or circuit court shall expeditiously upon receipt of all the evidence make a ruling on defendant's motion and shall, in addition, find the facts specially and state separately its conclusions of law thereon. The findings shall be in writing. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact and conclusions of law appear therein.
  9. Production of Statements.
    1. In general. — Rule (a)-(d) and (f) applies at a detention hearing, unless the court, for good cause shown, rules otherwise in a particular case.
    2. Sanctions for failure to produce statement. — If a party elects not to comply with an order under Rule (a) to deliver a statement to the moving party, at the detention hearing the court may not consider the testimony of a witness whose statement is withheld.

[Effective October 1, ; amended effective February 1, ; September 1, ]


Motions

An application to the court for an order shall be by motion. A motion other than one made during a trial or hearing shall be in writing unless the court permits it to be made orally. It shall state the grounds upon which it is made and shall set forth the relief or order sought. It may be supported by affidavit.

[Effective October 1, ]


Dismissal
  1. By attorney for state. — The attorney for the state may by leave of court file a dismissal of an indictment, information or complaint, and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the defendant.
  2. By court. — If there is unnecessary delay of more than one year in presenting the charge to a grand jury or in filing an information against a defendant who has been held to answer to the circuit court, the court shall, on its own motion, dismiss the indictment, information or complaint, without prejudice. If there is unnecessary delay in bringing a defendant to trial, the court may, upon proper motion, dismiss the indictment, information or complaint.

[Effective October 1, ; amended effective January 1, ; September 1,]


Service and filing of papers
  1. Service: When required. — Written motions other than those which are heard ex parte, written notices, designations of record on appeal, and similar papers shall be served upon each of the parties.
  2. Service: How made. — Whenever under these rules or by an order of the court service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party personally is ordered by the court. Service upon the attorney or upon a party shall be made in the manner provided in civil actions.
  3. Notice of orders. — Immediately upon the entry of an order made on a written motion subsequent to arraignment, the clerk shall mail to each party a notice thereof and shall make a note in the docket of the mailing. Lack of notice of the entry by the clerk does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed.
  4. Filing. — Papers required to be served shall be filed with the court. Papers shall be filed in the manner provided in civil actions.

[Effective October 1, ; amended effective September 1, ]


Calendars

The circuit courts may provide for placing criminal proceedings upon appropriate calendars. Preference shall be given to criminal proceedings as far as practicable.

[Effective October 1, ]


Exceptions unnecessary

Exceptions to rulings or orders of the court are unnecessary and for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which that party desires the court to take or his or her objection to the action of the court and the grounds therefor; but if a party has no opportunity to object to a ruling or order, the absence of an objection does not thereafter prejudice that party.

[Effective October 1, ; amended effective September 1, ]


Harmless error and plain error
  1. Harmless error. — Any error, defect, irregularity, or variance which does not affect substantial rights shall be disregarded.
  2. Plain error. — Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court.

[Effective October 1, ]


Regulation of conduct in the courtroom

Except as permitted by the guidelines established by the Supreme Court of Appeals of West Virginia, the taking of photographs in the courtroom during the progress of judicial proceedings or radio broadcasting of judicial proceedings from the courtroom shall not be permitted by the court.

[Effective October 1, ]


Application and exception
  1. Courts. — These rules apply to all criminal proceedings in the circuit courts of West Virginia and to the extent specified in the rules to magistrate courts.
  2. Proceedings.
    1. Peace bonds. — These rules do not alter the power of judges of the circuit court or of magistrates to hold to security of the peace and for good behavior under Chapter 62, Article 6, Section 1, et seq., and Chapter 62, Article 10, Section 1, et seq. of the West Virginia Code of , as amended, but in such cases the procedure shall conform to these rules so far as they are applicable and not inconsistent with the above statutory provisions.
    2. Proceedings before magistrates. — Proceedings involving misdemeanor offenses before magistrates as specified in Chapter 50, Article 2, Section 3, of the West Virginia Code of , as amended, are governed by Chapter 62, Article 1, Section 5, of the West Virginia Code of , as amended.
    3. Other proceedings. — These rules are not applicable to extradition and rendition of fugitives. Except as expressly provided within these rules they do not apply to proceedings under Chapter 49, Article 5, Section 1, et seq. of the West Virginia Code of , as amended, juvenile delinquency so far as they are inconsistent with that statute.
  3. Application of terms. — As used in these rules, the following terms have the designated meanings:
    1. State statute includes any act of the West Virginia legislature.
    2. Attorney for the state means, where appropriate, the Attorney General, an authorized assistant of the Attorney General, a prosecuting attorney and an authorized assistant of a prosecuting attorney.
    3. Civil action refers to a civil action in a circuit court.
    4. The words demurrer, motion to quash, plea in abatement, plea in bar, and special plea in bar, or words to the same effect, in any state statute shall be construed to mean the motion raising a defense or objection provided in Rule
    5. Circuit Court includes all courts in this state having jurisdiction pursuant to Article 8, Section 6 of the Constitution of West Virginia.
    6. Law includes the constitution of this state, the common law, statutes and the judicial decisions construing them.
    7. Misdemeanor offense is defined in Chapter 61, Article 11, Section 1 of the West Virginia Code of , as amended.
    8. Oath includes affirmation.
    9. State means the State of West Virginia.

[Effective October 1, ; amended effective September 1, ]


Records

The clerk of the circuit court and the clerk of the magistrate court shall keep records in criminal proceedings in such form as the Supreme Court of Appeals may prescribe. The clerk shall enter in the records each order or judgment of the court and the date such entry is made.

[Effective October 1, ; amended effective February 1, ; September 1, ]


Courts and clerks

The circuit court shall be deemed always open for the purpose of filing any proper paper, of issuing and returning process, and of making motions and orders. The clerk's office with the clerk or a deputy in attendance shall be open during business hours on all days except Saturdays, Sundays, and legal holidays, but a court may provide by local rule or order that its clerk's office shall be open for specified hours on Saturdays or particular legal holidays other than New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day.

[Effective October 1, ]


Rules of court
  1. Rules by circuit court. — Local rules may be made by circuit courts for the conduct of criminal proceedings, but they shall be consistent with these rules. Such rules and any amendments thereof shall be effective only after they are filed and approved by the Supreme Court of Appeals, which may order printing of such rules. When approved by the Supreme Court of Appeals, such rules shall be recorded in the criminal order book of the local court and copies shall be made available to the public.
  2. Procedure not otherwise specified. — If no procedure is specifically prescribed by rule, the court may proceed in any lawful manner not inconsistent with these rules or with any applicable statute.

[Effective October 1, ; amended effective September 1, ]


Forms

Abrogated

[Abrogated effective February 1, ]


Effective date

These rules shall take effect on October 1, They govern all proceedings in actions brought after they take effect and also further proceedings in actions then pending, except to the extent that in the opinion of the circuit court their application in a particular action pending when the rules take effect would not be feasible or would work injustice, in which event the former procedure applies.

[Effective October 1, ]


Title

These rules may be known and cited as the West Virginia Rules of Criminal Procedure and may be cited as W.Va.R.Crim.P.

[Effective October 1, ; amended effective September 1, ]

Sours: http://www.courtswv.gov/legal-community/court-rules/criminal-procedure/section1.html

In wv charge capias

Prosecuting Attorney explains capias warrants

BECKLEY, WV (WVNS) &#; Law enforcement in Raleigh County arrested 15 people on capias warrants on Tuesday, Aug. 18,

These warrants are issued when someone out on bond does not show up to their required court hearings. People contacted 59 News with questions about the process of law enforcement executing these warrants. Prosecuting Attorney Kristen Keller said public defenders or personal lawyers are the ones who contact the defendant about their court dates.

&#;The person who posts a bond is given a list of bond rules, which includes that person should appear at all hearings when notified,&#; Keller said. &#;So, that person then knows there are future hearings and has an attorney.&#;

Once someone is arrested and makes bond, it is their responsibility to keep up with court hearings and their lawyer.

Copyright Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Sours: https://www.wvnstv.com/news/prosecuting-attorney-explains-capias-warrants/
The Battle of Kessler’s Cross Lanes: Civil War West Virginia
capias warrant

In Virginia there are certain options the judge has if you miss court when you&#;re summons to be there as a witness or as a defendant. One of those options is to issue what&#;s called a capias.

A capias is a bench warrant for your arrest. It orders the sheriff to find you and arrest you and bring you before the judge to answer for whatever the judge is claiming you did wrong. The main use of it is for what&#;s called failure to appear in court as a defendant in a criminal case.

If you are originally charged with a misdemeanor offense, then a capias for failure to appear in court is a misdemeanor. If you were charged with a felony offense, then a capias warrant for failure to appear is a felony. In either case there is a possibility of jail if you are found guilty of failing to appear.

If a capias gets issued against you, the best thing for you to do normally is to contact the court and potentially a lawyer, especially if you already have a lawyer for the case and to turn yourself in on the capias, especially in a lot of misdemeanor cases if you turn yourself in quickly and can explain to the court that it was simply a misunderstanding or you misread the date on your paperwork. In a lot of cases if you don&#;t have record of failure to appear in the past you would not normally get jail time for your first offense for failure to appear in court.

However, if you have prior failures to appear and this is not your first one, then there is a chance that the judge could give you jail time for failing to appear when you were ordered to do so.

You may also have a legitimate defense to a failure to appear charge. It could be that you didn&#;t have proper notice of the court date, perhaps the paperwork had the wrong court date on it or perhaps you were arrested on erroneous paperwork that was recalled or something along those lines. This is why it&#;s important if you are charged with failure to appear that you do need to talk with an attorney to find out what defenses you might have and what outcomes might be possible for your case.

Keep in mind that if you&#;re accused of failing to appear in court, that means you had an underlying charge you also have to answer for. So not only do you have to take care of the failure to appear, but you also have the original charge that had you in court in the first place.

People underestimate the importance of being to court on time and as scheduled. However, judges take it very seriously if you&#;re not where you&#;re supposed to be when the court or the officer has ordered you to be there. You may not be guilty of the charges that are bringing you to court but if you have been given valid notice and required to come to court at an appropriate time and you&#;re not there you may be guilty of misdemeanor simply for not showing up when you were told to be there.

photo credit: Pastrami Vicar aka Salamander &#;Noodle&#; Turgidson May Day March, Los Angeles

Andrew Flusche

My name is Andrew Flusche. I am a traffic and misdemeanor defense lawyer in Virginia. I limit my practice to traffic tickets and misdemeanor defense, so I know the ins and outs of these offenses. I literally wrote the book on reckless driving in Virginia which you can get on Amazon here or download for free here. I opened my practice in after earning my Juris Doctor degree from the University of Virginia School of Law. Since then, I have earned over 5-star reviews from happy clients on Google, Yelp, and Facebook. If you’ve been charged with a misdemeanor offense in Virginia, please don’t hesitate to contact me. Your initial consultation is always free, and you'll talk directly with me about the details of your case.

Sours: https://www.andrewflusche.com/blog/what-is-a-capias-warrant/

You will also be interested:

There was still jealous Allochka, who probably heard everything, but I reassured myself that if she really had an affair on the side, she would know about it immediately. Lyudmila Petrovna appeared on my call with black circles under her eyes, extinguished, crying, and with a letter of resignation of her own free will.

I even felt sorry for her: - How are you. Was there a storm at home.



19945 19946 19947 19948 19949