Other Criminal Charges & Offenses Various misdemeanors

[Goodjill]

Jurisdiction

West Virginia

Can a defendant depose state witnesses before a West Virginia misdemeanor trial?

If so, what is the rule?

Is West Virginia 15-2-24(h) a criminal or administrative statute? Is there a penalty for refusing to sign fingerprint card?

Is it possible to be charged with fleeing if you merely walk away from police in West Virginia and do not run or hide?

If so, how how can someone reasonably expect to escape and have criminal intent if they were not in custody but simply continued walking at a pace that allowed the police to soon catch up (seconds later)? Do you know of any factually similar case?

 

[army judge]

You can do your own homework.

Google, Bing, Yahoo, and many other search engines are ready to provide you with any number of answers you seek.

Is West Virginia 15-2-24(h) a criminal or administrative statute?

By way of example:

West Virginia Code Chapter 15. Public Safety § 15-2-24. Criminal Identification Bureau; establishment; supervision; purpose; fingerprints, photographs, records and other information; reports by courts and prosecuting attorneys; offenses and penalties.

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Off you go, seek that knowledge young scholar, seek that knowledge.

 

[adjusterjack]

Can a defendant depose state witnesses before a West Virginia misdemeanor trial?

If so, what is the rule?

When the state puts a witness on the stand and the witness gives testimony your lawyer gets the opportunity to cross examine (question) the witness.

As for taking depositions in advance of a misdemeanor trial, ask your lawyer about that.

Is West Virginia 15-2-24(h) a criminal or administrative statute?

Criminal. See Paragraph (j). It's a misdemeanor punishable by fine and/or jail if you refuse "to perform any act on his or her part to be done or performed in connection with the operation of this section."

2018 West Virginia Code :: CHAPTER 15. PUBLIC SAFETY. :: ARTICLE 2. WEST VIRGINIA STATE POLICE. :: §15-2-24. Criminal Identification Bureau; establishment; supervision; purpose; fingerprints, photographs, records and other information; reports by courts and prosecuting attorneys; offenses and penalties.

Is it possible to be charged with fleeing if you merely walk away from police in West Virginia and do not run or hide?

That seems to be subject to interpretation. See 61-5-17(d), (l) and (n)(4):

2018 West Virginia Code :: CHAPTER 61. CRIMES AND THEIR PUNISHMENT. :: ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE. :: §61-5-17.  Obstructing officer; fleeing from officer; making false statements to officer; interfering with emergency communications; penalties; definitions.

If so, how how can someone reasonably expect to escape and have criminal intent if they were not in custody but simply continued walking at a pace that allowed the police to soon catch up (seconds later)? Do you know of any factually similar case?

The only thing I can say to that is: Screw around with the police and it will go very, very bad for you.