West Virginia Rules of Criminal Procedure for Magistrate Courts
Rule: 21.
Jurisdiction: WV
Bluebook Citation: W.Va. Mag. Ct. R. Crim. P. 21.
(a) The timely filing or granting of an appeal automatically stays the sentence of the magistrate. (b) Upon request by the defendant, the execution of a criminal judgment shall be stayed to allow for the filing of a motion for a new trial or a petition for modification of sentence. Upon timely filing of such motion or petition, the execution of a criminal judgment shall be stayed until the same has been decided. In addition to granting the request of the defendant, the magistrate shall require the defendant to post or continue a sufficient bond to assure any required further appearance.
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