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.
West Virginia > Magistrate Court Proceedings > Rules of Criminal Procedure for the Magistrate Courts of West Virginia > Rule 3. Complaint.
Rule 3. Complaint.
Last Modified on RuleDex:
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- Rule 3. Complaint.
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- Rule 5. Initial appearance before the magistrate; bail.
- Rule 5.1 Preliminary Examination.
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- Rule 6. Amendment of complaint, warrant, and summons; harmless error.
- Rule 7. Citation for traffic and natural resources offenses.
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