Rule 5.2 - Offense arising in another county(a)Appearance Before Magistrate. - If a person is arrested and brought before a magistrate on a warrant or capias issued upon a complaint, information or indictment, for an offense alleged to have been committed in a county other than the county of arrest, such magistrate in the county of arrest shall conduct an initial appearance and the defendant given an opportunity to post bond if applicable. If the defendant is unable to provide bail in the county of arrest, he or she shall be temporarily committed to the regional jail serving the county of arrest. Such temporary commitment shall be on behalf of the charging county. The magistrate court of the county of arrest shall immediately transmit, via facsimile and the original via United States mail, all papers to the magistrate court of the charging county wherein the examination or trial is to be held, there to be dealt with as provided by these rules.(b)Initial Appearances and Arraignments by Video Conferencing. - If a person is arrested on a warrant or capias issued upon a complaint, information or indictment for an offense alleged to have been committed in a county other than the county of arrest, and if such person is detained in a regional jail before an initial appearance, or if any person is detained in a regional jail and then served with a criminal complaint or other charging document charging such person with additional charges, the initial appearance on all such charges shall be conducted by video conferencing by a magistrate of the county of the charging jurisdiction. Provided that, prior to any such initial appearance being conducted by video conferencing by the county of the charging jurisdiction, the magistrate of the county of arrest shall immediately transmit, via facsimile and the original via United States mail, all papers to the magistrate court of the charging jurisdiction. If such initial appearance cannot occur by video conferencing before a magistrate of the county of the charging jurisdiction, such initial appearance shall be conducted by video conferencing by either a magistrate of the county of arrest, if different from the county of the charging jurisdiction, or a magistrate of the county in which the regional jail is located. Provided, arraignments may be conducted by video conferencing only if the plea to be entered is a not guilty plea.(c)Bail. - If bail was previously fixed in another county where a warrant, information or indictment issued, the magistrate shall take into account the amount of bail previously fixed and the reasons set forth therefor, if any, but will not be bound by the amount of bail previously fixed. If the magistrate fixes bail different from that previously fixed, he or she shall set forth the reasons for such action in writing.W. Va. R. Crim. Pro. Magist. Ct. 5.2
Adopted Effective 7/1/1988.