§62-1-8. Preliminary examination.
If the offense is to be presented for indictment, the
preliminary examination shall be conducted by a justice of the
county in which the offense was committed within a reasonable time
after the defendant is arrested, unless the defendant waives
examination. The defendant shall not be called upon to plead.
Witnesses shall be examined and evidence introduced for the state
under the rules of evidence prevailing in criminal trials
generally. The defendant or his attorney may cross-examine
witnesses against him and may introduce evidence in his own behalf.
On motion of either the state or the defendant, witnesses shall be
separated and not permitted in the hearing room except when called
to testify. If the defendant waives preliminary examination or if,
after hearing, it appears from the evidence that there is probable
cause to believe that an offense has been committed and that the
defendant has committed it, the justice shall forthwith hold him to
answer in the court having jurisdiction to try criminal cases. If
the evidence does not establish probable cause, the defendant shall
be discharged. After concluding the proceeding the justice shall
transmit forthwith to the clerk of the court to which the defendant
is held to answer all papers in the proceeding and any bail taken
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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