WV Bar Criminal Law and Procedure 2

Question 1

In West Virginia, the right to a speedy trial attaches when:

Accepted Answer

Formal charges are filed or the defendant is arrested, whichever occurs first

Answer

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:

Accepted Answer

Understands the charges and voluntarily and intelligently enters the plea

Answer

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:

Accepted Answer

Dwelling house of another at nighttime with intent to commit a felony therein

Answer

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:

Accepted Answer

Beyond a reasonable doubt

Answer

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:

Accepted Answer

The officer is lawfully present, the item is in plain view, and its incriminating nature is immediately apparent

Answer

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.

WV Bar - West Virginia Bar Exam Practice Test

WV Bar - West Virginia Bar Exam Practice Test

WV Bar Criminal Law and Procedure 2