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 149-07 - Protocol for Law Enforcement Response to Stalking
Section 149-7-8 - Effectuating the Arrest

Universal Citation: 149 WV Code of State Rules 149-7-8

Current through Register Vol. XLI, No. 38, September 20, 2024

8.1. Persons arrested pursuant to this rule, shall be taken 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.

8.2. Because the risk is high in stalking cases that the accused will continue to seek contact with the victim, if a warrant is necessary, the law enforcement officer should obtain and execute the warrant as soon as practical.

8.3. 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 § 49-5-1 et. seq.

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