West Virginia Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions

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Multi-State
Control #:
US-MOT-01426
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This is a multi-state form covering the subject matter of the title.
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How to fill out Motion For Recusal And Change Of Venue Due To Co-Defendant's Prior Criminal Convictions?

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Ing to West Virginia DUI laws, there is a 10-year look-back period for DUIs. DUI Penalties | West Virginia | The Wagner Law Firm westvirginiaduilawyers.com ? dui-penalties westvirginiaduilawyers.com ? dui-penalties

(a) Any party may file a motion for reconsideration of a temporary or final order of the family court for the following reasons: (1) Mistake, inadvertence, surprise, excusable neglect or unavoidable cause; (2) newly discovered evidence which by due diligence could not have been available at the time the matter was ...

West Virginia Code § 62-3-21 provides that if a defendant is charged by presentment or indictment and ?if there be three regular terms of court, after the presentment is made or the indictment is found, without trial ? it shall be forever discharged.? The statute provides exceptions to the general rule.

- In proceedings in which both parties are self-represented, the court shall prepare all orders and findings of fact. In proceedings in which one or both parties are represented by attorneys, the court may assign one or more attorneys to prepare an order or proposed findings of fact.

Some serious crimes have no time limit for prosecution in almost all states, including West Virginia. Some states only have no limit for crimes like murder or sex crimes against children. By contrast, West Virginia has no time limits for all felonies except perjury, which has a three-year limitation. West Virginia Criminal Statute of Limitations Laws - FindLaw findlaw.com ? state ? west-virginia-criminal-... findlaw.com ? state ? west-virginia-criminal-...

Rule . ? All final judgments, orders, and decrees, irrespective of terms of court, remain under the control of the trial court and may be modified, vacated, or suspended for twenty-one days after the date of entry, and no longer.

When an indictment is found in any county, against a person for a felony or misdemeanor, the accused, if in custody, or if he appear in discharge of his recognizance, or voluntarily, shall, unless good cause be shown for a continuance, be tried at the same term. WV Code § 62-3-1 - West Virginia Legislature wvlegislature.gov ? wvcode ? chapterentire wvlegislature.gov ? wvcode ? chapterentire

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West Virginia Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions