West Virginia Code 24A-7-5 – Second offenses
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When any person is convicted for a violation of any provision of this chapter or any order, decision, requirement, rule, or regulation of the commission and it is alleged in the indictment upon which he is convicted and it is admitted, or by jury found, that he has been before convicted of a violation of any provision of this chapter or order, decision, requirement, rule, or regulation of the commission, committed prior to the violation for which the indictment upon trial was found, then he shall be fined not less than $500 nor more than $5,000 and shall, in addition thereto, be confined in the county jail for not less than three months nor more than one year.
Terms Used In West Virginia Code 24A-7-5
- Commission: means the Public Service Commission of West Virginia. See West Virginia Code 24A-1-2
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Person: means and includes any individual, firm, copartnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof. See West Virginia Code 24A-1-2
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.