West Virginia Arraignment Order and Standard Discovery Requests (L R Cr P 16.1)
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FAQ
(b) If the offense to which the plea of guilty is entered is a felony, the circuit court may defer adjudication for a period not to exceed three years. If the offense to which the plea of guilty is entered is a misdemeanor, the court may defer adjudication for a period not to exceed two years.
- The court shall not accept a plea of guilty or nolo contendere 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.
Arraignment is a court proceeding in which the defendant is read the charges in the indictment and is asked to enter a plea. The arraignment occurs after the defendant is arrested and formal charges are levied.
Arraignment shall be conducted in open court and shall consist of reading the indictment or information 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 indictment or information may be waived by the defendant in open court.
After the indictment, you will appear before the Circuit Court Judge for a second Arraignment where you are read your indictment, you enter a plea, a trial is scheduled, discovery deadlines are set, and if not previously set by a Magistrate, your bond is set.
Rule 16 - Dismissal (a)By Attorney for State. - The attorney for the state may move to dismiss a complaint, and if the magistrate grants the motion the prosecution shall thereupon terminate. Such a dismissal shall not be granted during the trial without the consent of the defendant.
? The indictment or the information shall be a plain, concise and definite written statement of the essential facts constituting the offense charged. An indictment shall be signed by the foreperson of the grand jury and the attorney for the state. An information shall be signed by the attorney for the state.