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Felony Boundover Charges for Trial.

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rwa5659

Junior Member
What is the name of your state? if a Felony Charge Case is assigned, for example Magistrate Court Case No.10F-325 and 10F-326 on a Warrant/Criminal Complaint. When moved from Mag. Court to Trial Court as a Boundover Charge, with Probable Cause. Does the actual Case Number stay the same? Or Can the Actual Case Number 10F-325 & 10F-326 be changed to like say 10-B-304 & 10-B-305 or does the Actual Case number have to stay the same like 10-B-325 & 10-B-326 as a Boundover Charge?
 


rwa5659

Junior Member
What is the name of your state? if a Felony Charge Case is assigned, for example Magistrate Court Case No.10F-325 and 10F-326 on a Warrant/Criminal Complaint. When moved from Mag. Court to Trial Court as a Boundover Charge, with Probable Cause. Does the actual Case Number stay the same? Or Can the Actual Case Number 10F-325 & 10F-326 be changed to like say 10-B-304 & 10-B-305 or does the Actual Case number have to stay the same like 10-B-325 & 10-B-326 as a Boundover Charge?
West Virginia
 

Just Blue

Senior Member
What is the name of your state? if a Felony Charge Case is assigned, for example Magistrate Court Case No.10F-325 and 10F-326 on a Warrant/Criminal Complaint. When moved from Mag. Court to Trial Court as a Boundover Charge, with Probable Cause. Does the actual Case Number stay the same? Or Can the Actual Case Number 10F-325 & 10F-326 be changed to like say 10-B-304 & 10-B-305 or does the Actual Case number have to stay the same like 10-B-325 & 10-B-326 as a Boundover Charge?
Is this homeowrk?
 

quincy

Senior Member
What is the name of your state? if a Felony Charge Case is assigned, for example Magistrate Court Case No.10F-325 and 10F-326 on a Warrant/Criminal Complaint. When moved from Mag. Court to Trial Court as a Boundover Charge, with Probable Cause. Does the actual Case Number stay the same? Or Can the Actual Case Number 10F-325 & 10F-326 be changed to like say 10-B-304 & 10-B-305 or does the Actual Case number have to stay the same like 10-B-325 & 10-B-326 as a Boundover Charge?
I guess I am not understanding your question. The case number will not change.
 

rwa5659

Junior Member
I guess I am not understanding your question. The case number will not change.
What I am asking is, if the Case number of a Criminal Charge and Warrant of Arrest is given the Felony Case Number 10F-325.

It goes into the Magistrate Court as Felony Case Number 10F-325

When the Magistrate Court and moves the Felony Case 10F-325 into the Trial Court

Does the Case Number 325 stay the same for Trial as 10-B-325, or can the Case Number 325 be replaced with another Case Number like 305 or or another different number?

Because I've found a West Virginia Case, that the Felony Case Number coming out of the Magistrate Court as like 10F-325, went to the Trial Court as a different number 10-B-304. So I am asking CAN the Case number 325 be changed to 304 or any other number before it goes to the Trial Court?
 

quincy

Senior Member
What I am asking is, if the Case number of a Criminal Charge and Warrant of Arrest is given the Felony Case Number 10F-325.

It goes into the Magistrate Court as Felony Case Number 10F-325

When the Magistrate Court and moves the Felony Case 10F-325 into the Trial Court

Does the Case Number 325 stay the same for Trial as 10-B-325, or can the Case Number 325 be replaced with another Case Number like 305 or or another different number?

Because I've found a West Virginia Case, that the Felony Case Number coming out of the Magistrate Court as like 10F-325, went to the Trial Court as a different number 10-B-304. So I am asking CAN the Case number 325 be changed to 304 or any other number before it goes to the Trial Court?
Do you have a cite for the case you found where the case number changed?
 

rwa5659

Junior Member
Do you have a cite for the case you found where the case number changed?
Can I ask you this? If the Case goes to a Grand Jury as 10-B-325 and an Indictment is obtained, what is the Case Number that should appear on the Court Docket? Does it change from 10-B-325 or is there another lettering to replace the "B" to show it came from a Grand Jury?
 

Taxing Matters

Overtaxed Member
Because I've found a West Virginia Case, that the Felony Case Number coming out of the Magistrate Court as like 10F-325, went to the Trial Court as a different number 10-B-304. So I am asking CAN the Case number 325 be changed to 304 or any other number before it goes to the Trial Court?
I think it very likely that the court case numbers would change. In West Virginia the magistrate court only handles the arraignment of an accused in a felony case and makes the probable cause determination. If the magistrate's court determines there is probable cause then the case is bound over for trial and moves to the circuit court. In my experience in other states when a case moves from one kind of court to another, e.g magistrates court to a circuit court, the case numbers change because each court uses its own system to assign cases, including case numbers, to keep track of them. So I'd not be surprised in the least if West Virginia does the same thing.
 

quincy

Senior Member
If the case number does change, I think there is still reference made to the magistrate court case number.

Why is this of concern to you? Are you trying to follow a case and getting confused by the case numbers?
 

rwa5659

Junior Member
I think it very likely that the court case numbers would change. In West Virginia the magistrate court only handles the arraignment of an accused in a felony case and makes the probable cause determination. If the magistrate's court determines there is probable cause then the case is bound over for trial and moves to the circuit court. In my experience in other states when a case moves from one kind of court to another, e.g magistrates court to a circuit court, the case numbers change because each court uses its own system to assign cases, including case numbers, to keep track of them. So I'd not be surprised in the least if West Virginia does the same thing.
From I first want you to know this was just an example, it is not the actual case number itself. What I have found is the actual case number such as 10F-325 was replaced with one of the Case Numbers like 10F-304, that had been dismissed by the Magistrate Court with a Dismissal Order showing they had been dismissed yet went into the Circuit Court as 10-B-304. This was done not with just one of the dismissed charges but with more than 10 of the dismissed charges replacing the actual charges that had been moved into the Circuit Court with Probable Cause
 

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