West Virginia Code of State Rules
Agency 149 - Crime, Delinquency And Correction
Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION
Series 149-03 - Protocol For Law Enforcement Response to Domestic Violence
Section 149-3-9 - Effectuating the Arrest
Current through Register Vol. XLI, No. 38, September 20, 2024
9.1. Persons arrested pursuant to this rule, shall appear before a magistrate within the county in which the offense charged is alleged to have been committed in a manner consistent with the provisions of Rule 1 of the Administrative Rules for the Magistrate Courts of West Virginia.
9.2. The arresting law enforcement officer should inform the magistrate or court of any circumstances surrounding the arrest of the accused which would have an effect on conditions of bond, provided that the amount and conditions of bond are a judicial decision that rests solely with the magistrate or court. The officer present at the arraignment should convey information regarding highly dangerous/potentially lethal behaviors of the offender to the magistrate.
9.3. The risk is high in domestic violence cases that the accused will return to the victim's residence or the scene of the violence. If the accused has fled the scene, the law enforcement officer should initiate procedures to pursue and apprehend the accused as promptly as possible. If a warrant is necessary, the law enforcement officer should obtain and execute the warrant as soon as practical.
9.4. When the accused is a minor (under 18 years of age), the provisions of this rule are fully applicable, except that the law enforcement officer should arrest and process the juvenile pursuant to W.Va. Code § 49-4-705.
