(a) Except as provided by the provisions of subsection (b) of this section, whenever a person already detained in a regional jail facility is served with a criminal complaint, the initial appearance or arraignment, if accomplished by the use of a video imaging system, shall to the extent practicable be before a magistrate of the charging jurisdiction. If such is not practicable, a magistrate of the jurisdiction in which the regional jail facility is located may preside over the proceeding.
(b) An order of the Supreme Court of Appeals authorizing a magistrate or magistrates to conduct pretrial proceedings by use of video imaging shall supercede the requirements set forth in subsection (a) of this section.
Structure West Virginia Code
Article 4. Procedure Before Trial
§50-4-1. Commencement of Civil Actions
§50-4-2. Commencement of Criminal Prosecutions
§50-4-3. Appointment of Counsel in Criminal Proceeding
§50-4-4. Long-Arm Jurisdiction; Manner of Service in Civil Cases
§50-4-4a. Appearance in Civil Cases
§50-4-5. Return Date in Civil Action; Setting of Trial Date; Failure to Appear or Notify
§50-4-6. Return Date in Criminal Proceedings; Setting Trial Date
§50-4-7. Disqualification of Magistrate
§50-4-8. Removal to Circuit Court
§50-4-10. Default Judgment; Confession of Judgment
§50-4-11. Dismissal of Actions for Lack of Jurisdiction
§50-4-12. Dismissal of Actions for Failure to Appear, Testify, etc.