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W. Va. Code § 62-1-6

Informing defendant of nature of complaint and his rights; opportunity to confer with counsel and arrange bail

Applied in 3 court decisions — leading case 162 W. Va. 297 - State v. Mason (1978)

Most recently applied in State of West Virginia v. Megan Davis (November 2015)

How often courts cite this section

19781980199020002010201510
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

The justice shall in plain terms inform the defendant of the nature of the complaint against him of his right to counsel and, if the offense is to be presented for indictment, of his right to have a preliminary examination. He shall also inform the defendant that he is not required to make a statement and that any statement made by him may be used against him He shall provide the defendant reasonable means to communicate with an attorney or with at least one relative or other person for the purpose of obtaining counsel or arranging bail. The defendant shall not be committed to jail or removed from the county of arrest until he has had a reasonable opportunity to confer with counsel or to arrange bail. He may be detained under such security measures as the circumstances warrant. If the defendant is unable to provide bail or if the offense is unbailable, he shall be committed to jail.

Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.