WV · rules
W. Va. R. Crim. P. 3
The complaint
The complaint is a written statement of the essential facts constituting the offense charged. 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.
History
[Effective October 1, 1981; amended effective September 1, 1995.]
Provenance
- Source
- courtswv.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
f3a7666241e700ebd97d9725628850d26efe78fce8de98904e75a30492d7fe6d
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