West Virginia § 62-1-5 - 62-1-5. Same -- Delivery of prisoner before magistrate; complaint for person arrested without warrant; return.
Full text of West Virginia West Virginia Code § 62-1-5 — 62-1-5. Same -- Delivery of prisoner before magistrate; complaint for person arrested without warrant; return., with citation guidance and answers to common questions.
§ 62-1-5. 62-1-5. Same -- Delivery of prisoner before magistrate; complaint for person arrested without warrant; return.
(a) (1) An officer making an arrest under a warrant issued upon a complaint, or any person making an arrest without a warrant for an offense committed in his presence or as otherwise authorized by law, shall take the arrested person without unnecessary delay before a magistrate of the county where the arrest is made.
(2) If a person arrested without a warrant is brought before a magistrate, a complaint shall be filed forthwith in accordance with the requirements of rules of the Supreme Court of Appeals.
(3) An officer executing a warrant shall make return thereof to the magistrate before whom the defendant is brought.
(b)(1) Notwithstanding any other provision of this code to the contrary, if a person arrested without a warrant is brought before a magistrate prior to the filing of a complaint, a complaint shall be filed forthwith in accordance with the requirements of rules of the Supreme Court of Appeals, and the issuance of a warrant or a summons to appear is not required.
(2) When a person appears initially before a magistrate either in response to a summons or pursuant to an arrest with or without a warrant, the magistrate shall proceed in accordance with the requirements of the applicable provisions of the rules of the Supreme Court of Appeals.
Source: official West Virginia text · Last verified 2026-08-27
Frequently Asked Questions About West Virginia § 62-1-5
What does West Virginia Code § 62-1-5 cover?
Section 62-1-5 ("62-1-5. Same -- Delivery of prisoner before magistrate; complaint for person arrested without warrant; return.") is part of the West Virginia Code, the codified statutory law of West Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite West Virginia § 62-1-5?
A common citation format is "West Virginia Code § 62-1-5" (West Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of West Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the West Virginia official source linked on this page or consult a licensed West Virginia attorney.
How does West Virginia § 62-1-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in West Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in West Virginia.