§62-1-6. Informing defendant of nature of complaint and his
rights; opportunity to confer with counsel and
The justice shall in plain terms inform the defendant of the
nature of the complaint against him, of his right to counsel and,
if the offense is to be presented for indictment, of his right to
have a preliminary examination. He shall also inform the defendant
that he is not required to make a statement and that any statement
made by him may be used against him. He shall provide the
defendant reasonable means to communicate with an attorney or with
at least one relative or other person for the purpose of obtaining
counsel or arranging bail. The defendant shall not be committed to
jail or removed from the county of arrest until he has had a
reasonable opportunity to confer with counsel or to arrange bail.
He may be detained under such security measures as the
circumstances warrant. If the defendant is unable to provide bail
or if the offense is unbailable, he shall be committed to jail.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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