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We receive referral fees from partners (advertising disclosure)

The information we provide you is free of charge and a result of extensive research by our home warranty experts. We use affiliate links on our site that provide us with referral commissions. While this fact may not influence the information we provide, it may affect the positioning of this information.

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West Virginia Warrant Search -
The Ultimate Guide 2021

We’ve put together an in-depth guide on all you need to know about West Virginia Warrants Searches, which includes instructions on how to conduct a warrants search in the state.

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West Virginia Warrants Search

Under Rule 3 of the West Virginia Penal Code, the complaint that must be submitted before a warrant hearing may be held must include information about the nature of the offense that is being charged. In order to be valid, this document must be sworn and certified in the presence of the presiding magistrate of the county where the violation occurred, unless the affidavit qualifies as an exemption from this requirement. In the majority of situations, the prosecuting attorney or a law enforcement officer will make the opening statement to the jury before the trial begins.

Arrest Warrant

Using witness testimony and/or the accusatory instrument filed with the court, the prosecution must demonstrate that there is sufficient evidence to think that the accused committed the offense for which he is being charged in order to be successful in its case. When probable cause is established, the complaint is elevated to the status of a charge instrument, and criminal proceedings are commenced as a result of the determination.

Types of Warrants in West Virginia

Activated Warrants for Arrest issued in West Virginia are based fully and solely on the evidence provided in court, whether it is in the form of witness testimony or in the form of a written complaint. While it is permissible to predicate an arrest order in part or whole on hearsay evidence, it is essential that the evidence come from a reliable source in order for the magistrate to consider issuing the order. A crime report, the offender’s name, the date and location of order release, the decree aimed to police officers, the name of state and county in which the warrant was issued, as well as information on what court granted the warrant, will be included in the arrest warrant.

Summons are court orders that are issued in order to compel an accused person to appear in court. This document is in the same format as a warrant. The decision on whether a summons should be issued in lieu of a warrant is left to the discretion of the court. Bench warrants are a different form of arrest order than arrest warrants. These are also in the same format as a conventional warrant, with the exception that the release conditions may be specified on the warrant itself. Due to the fact that these orders are issued in reaction to the disobedience of a court ruling or when the accused fails to appear in court as instructed, they are not based on reasonable suspicion.

Because they are based on probable cause, search warrants are the most similar legal processes to active warrants in terms of legal effect. These orders will not only include the probable cause declaration, but they will also include the address of the house, office, or other property that will be searched, as well as the date until which the order will be valid.

Executing Outstanding Warrants in West Virginia

Citations are to be served by court-appointed agents of the law, whereas warrants and search warrants are to be served by any individual who has been permitted by the court to do so. In contrast to search warrants, which are only valid for the property that was named in the declaration, arrest warrants and summonses can be served anywhere in the state of West Virginia. A warrant is normally executed by detaining the accused and transporting him to the courtroom where the order was issued by the magistrate.

A summons, on the other hand, is performed by serving a copy of the order on the person who has been summoned. The failure to appear for a summons may result in the issuance of an arrest warrant in the name of the accused immediately following the failure to appear. Upon completion of the execution, all legal provisions are returned to the office of the judicial entity that issued the order or to the office of the clerk of court for inclusion in the case and court records, as appropriate.

Conducting a Warrants Search in West Virginia

Conducting a Warrants Search in West Virginia

Because there are no restrictions on the sharing of crime history data in West Virginia, you will find the state police to be the most reliable source of information on arrest records, warrants issued, conviction details, and other relevant information about criminal activity. Understand that while you will be granted access to the court dockets of a criminal matter when you request a warrant search, the information you will be provided will be limited to cases that were disposed of by guilty verdict. You will have to rely on the most wanted list provided on the website of the West Virginia State Police in order to obtain information about arrest warrants that are now pending in the system. In order to obtain a background check, you can contact the West Virginia State Police by writing to them at West Virginia State Police or by submitting your requests on their website. Send your inquiries to us using the form below, along with a $20 service fee check for our consideration. Arrest records can also be obtained via the West Virginia Regional Arrest and Correctional Facility Authority, which is located in Charleston.

West Virginia Criminal Records

Criminal records are documents and information that law enforcement and criminal justice departments and agencies at various levels of government keep on a person as a narrative of the criminal activities of that person and their journey through the criminal justice system. Criminal records are kept by law enforcement and criminal justice departments and agencies at various levels of government. It is customary for criminal records to contain information on a person’s arrests, details of all convictions (past and present), sentences (satisfied or still being served), offense (s) committed, physical descriptions, age, and date of birth, as well as information on probation and parole.

Depending on the type of criminal records supplied, the type of information and specifics contained within them may differ. For example, a general criminal record may contain fewer data than an in-depth criminal record, which will most likely contain more information. Additionally, it may differ from one jurisdiction to another. However, criminal records are generally accessible as public records through various sources such as the West Virginia State Police and county sheriffs’ offices, the West Virginia Courts, state correctional facilities, and the West Virginia Department of Corrections and Rehabilitation. Criminal records are also available through other online databases such as those maintained by the National Crime Information Center and the National Crime Information Center.

Conclusion

An arrest warrant is an official authority received by law enforcement agents from a court of law that allows them to detain and interrogate a particular individual or persons (suspect). In order for a judge or magistrate to issue an arrest warrant, the law enforcement agents must demonstrate that they have probable cause or some other evidence that the suspect thus identified and specified has allegedly committed an offense. Typically, the evidence submitted, which is usually in the form of a sworn affidavit (complaint), would be taken into consideration by the judge before providing the authorization (warrant) to arrest. It is possible for law enforcement personnel to execute an arrest warrant at any time and from any location once it has been granted, unless the warrant has been granted with conditions that restrict when and how the suspect may be caught or taken into custody. The arrest warrant may also specify the terms of any bail that is required.

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