§61-11-18. Punishment for Second or Third Offense of Felony
(a) For purposes of this section, “qualifying offense” means any offenses or an attempt or conspiracy to commit any of the offenses in the following provisions of this code: (1) 60A-4-401(i) and 60A-4-401(ii);
§61-11-19. Procedure in Trial of Persons for Second or Third Offense
A prosecuting attorney, when he or she has knowledge of a former sentence or sentences to the penitentiary of any person convicted of an offense punishable by confinement in the penitentiary, may give information thereof to the court immediately upon conviction and before sentence. Said court shall, before expiration of the next term at which […]
§61-11-21. Cumulative Sentences
When any person is convicted of two or more offenses, before sentence is pronounced for either, the confinement to which he may be sentenced upon the second, or any subsequent conviction, shall commence at the termination of the previous term or terms of confinement, unless, in the discretion of the trial court, the second or […]
§61-11-22. Pretrial Diversion Agreements; Conditions; Drug Court Programs
(a) A prosecuting attorney of any county of this state or a person acting as a special prosecutor may enter into a pretrial diversion agreement with a person charged with an offense against the State of West Virginia, when he or she considers it to be in the interests of justice. The agreement is to […]
§61-11-22a. Deferred Adjudication
(a) Upon the entry of a guilty plea to a felony or misdemeanor before a circuit or magistrate court of this state entered in compliance with the provisions of Rule 11 of the West Virginia Rules of Criminal Procedure or Rule 10 of the West Virginia Rules of Criminal Procedure for Magistrate Courts and applicable […]
§61-11-23. Punishment for Juvenile Convicted as an Adult; Eligibility for Parole; Factors to Be Considered Prior to Sentencing
(a) Notwithstanding any other provision of law to the contrary, a sentence of life imprisonment without the possibility of parole may not be imposed on a person who: (1) Is convicted of an offense punishable by life imprisonment; and
§61-11-24. Offender May Have Credit for Term of Confinement Before Conviction
Whenever any person is convicted of an offense in a court of this state having jurisdiction thereof, and sentenced to confinement in jail or the penitentiary of this state, or by a justice of the peace having jurisdiction of the offense, such person may, in the discretion of the court or justice, be given credit […]
§61-11-25. Expungement of Criminal Records for Those Found Not Guilty of Crimes or Against Whom Charges Have Been Dismissed
(a) Any person who has been charged with a criminal offense under the laws of this state and who has been found not guilty of the offense, or against whom charges have been dismissed, and not in exchange for a guilty plea to another offense, may file a civil petition in the circuit court in […]
§61-11-26. Expungement of Certain Criminal Convictions; Procedures; Effect
(a) Eligibility for expungement. (1) Misdemeanors.
§61-11-11. Offense Committed on County Boundary
An offense committed on the boundary of any two counties may be alleged to have been committed, and may be prosecuted and punished, in either county.