WV Bar Criminal Law and Procedure 2 — Questions and Answers
Question 1: In West Virginia, the right to a speedy trial attaches when:
- A suspect is arrested
- Formal charges are filed or the defendant is arrested, whichever occurs first (Correct answer)
- The preliminary hearing is held
- The defendant requests a trial date
Correct answer: Formal charges are filed or the defendant is arrested, whichever occurs first
The Sixth Amendment speedy trial right attaches upon arrest or indictment, whichever comes first, and is evaluated under the Barker v. Wingo balancing test.
Question 2: Under West Virginia Rule of Criminal Procedure 11, a plea of guilty must be accepted by the court only after finding the defendant:
- Has an attorney present
- Understands the charges and voluntarily and intelligently enters the plea (Correct answer)
- Has discussed all defenses with counsel
- Passes a competency evaluation
Correct answer: Understands the charges and voluntarily and intelligently enters the plea
Rule 11 requires that courts ensure guilty pleas are made voluntarily and intelligently by advising defendants of the charges, maximum penalties, rights waived, and consequences of the plea.
Question 3: The crime of burglary in West Virginia under common law requires breaking and entering a:
- Commercial building at any time
- Dwelling house of another at nighttime with intent to commit a felony therein (Correct answer)
- Vehicle with intent to steal property
- Any structure with unlawful intent
Correct answer: Dwelling house of another at nighttime with intent to commit a felony therein
Common law burglary requires breaking and entering a dwelling house of another at nighttime with the intent to commit a felony inside, though modern WV statutes have expanded this definition.
Question 4: In West Virginia, the standard of proof required for conviction of any criminal offense is:
- Clear and convincing evidence
- Preponderance of the evidence
- Beyond a reasonable doubt (Correct answer)
- Proof beyond any doubt
Correct answer: Beyond a reasonable doubt
The Due Process Clause of the Fourteenth Amendment requires the prosecution to prove every element of a criminal offense beyond a reasonable doubt.
Question 5: Under the plain view doctrine in West Virginia, police may seize contraband without a warrant when:
- They are on public property
- The officer is lawfully present, the item is in plain view, and its incriminating nature is immediately apparent (Correct answer)
- The item is near other suspected contraband
- They have probable cause to search the area
Correct answer: The officer is lawfully present, the item is in plain view, and its incriminating nature is immediately apparent
The plain view doctrine allows warrantless seizure when: (1) the officer has lawful access to the area, (2) the item is in plain view, and (3) its incriminating character is immediately apparent.
Question 6: Voluntary intoxication in West Virginia may be a defense to:
- Any criminal charge
- Strict liability crimes only
- Specific intent crimes where it negates the required mental state (Correct answer)
- All crimes except DUI
Correct answer: Specific intent crimes where it negates the required mental state
Voluntary intoxication is a partial defense available only to negate the specific intent element of specific intent crimes — it is not a defense to general intent or strict liability crimes.
WV Bar Criminal Law and Procedure 2
In West Virginia, the right to a speedy trial attaches when: