What will be the issue at the preliminary hearing

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Reference no: EM133364322

Prior to beginning this assignment be sure you have reviewed the information on the West Virginia Judiciary web page and remember that this assignment is specific to the West Virginia Court system.

For purposes of the this assignment assume the following facts:

Bob been arrested for the crime of Robbery in the State of West Virginia. The arrest was made based on a warrant. Answer the following questions.

  1. What "type" of court would most likely have issued the warrant, a court of limited jurisdiction or a court of general jurisdiction?
  2. What would have been the legal standard for determining whether or not Bob should be arrested? For example, would the prosecutor have to have shown probable cause, proof beyond a reasonable doubt, clear and convincing evidence or some other standard.  If your answer is some other standard then what is that standard?
  3. What will be the first step in processing Bob and in which court will that step occur?
  4. What will happen at the step identified in question 3?
  5. Which court, if any will have the right to admit Bob to bail and set the bond?
  6. Will Bob have a preliminary hearing? If so, when will that occur?
  7. What will be the issue at the preliminary hearing?
  8. Assume Bob does not wish to admit his guilt.  Is Bob entitled to a trial? If so, in which court will the trial occur?
  9. What will be the legal issues and the legal standard for determining the legal issues at trial?
  10. Assume Bob is convicted.  Does he have a right to have his case heard on appeal in the West Virginia Supreme Court?  Why or why not?

Reference no: EM133364322

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