61-11-1 Classification of offenses
61-11-1a Sentence of female felons
61-11-2 Capital punishment abolished
61-11-3 Punishment for common-law offenses
61-11-4 Corruption of blood and forfeiture of estate abolished
61-11-5 No merger of civil remedy by commission of felony
61-11-6 Punishment of principals in the second degree and accessories before and after the fact
61-11-7 Prosecution of accessories
61-11-8 Attempts; classification and penalties therefor
61-11-8a Solicitation to commit certain felonies; classification; defenses
61-11-9 Limitation of prosecution; lost indictment
61-11-10 Venue of offenses
61-11-11 Offense committed on county boundary
61-11-12 Venue of offense committed in more than one county
61-11-13 Former acquittal on merits
61-11-14 Acquittal for variance or insufficient indictment
61-11-15 Modes of conviction of felony
61-11-16 Term of imprisonment for felony; indeterminate sentence
61-11-17 Court to fix imprisonment and fine for misdemeanor
61-11-18 Punishment for second or third offense of felony
61-11-19 Procedure in trial of persons for second or third offense
61-11-21 Cumulative sentences
61-11-22 Pretrial diversion agreements; conditions; drug court programs
61-11-22a Deferred adjudication
61-11-23 Punishment for juvenile convicted as an adult; eligibility for parole; factors to be considered prior to sentencing
61-11-24 Offender may have credit for term of confinement before conviction
61-11-25 Expungement of criminal records for those found not guilty of crimes or against whom charges have been dismissed
61-11-26 Expungement of certain criminal convictions; procedures; effect
61-11-26a Expungement of certain criminal convictions with approved treatment or recovery and job program
61-11-26b Limitation on expungement for certain motor vehicle traffic control offenses
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Terms Used In West Virginia Code > Chapter 61 > Article 11 - General Provisions Concerning Crimes

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Arrest: Taking physical custody of a person by lawful authority.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • 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.
  • Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.