The Sixth Amendment to the United States Constitution provides that a person accused of a crime has the right to be confronted with the witnesses against him (the confrontation clause), and states that:

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”

In West Virginia, as in all states, the Sixth Amendment of the United States Constitution guarantees criminal defendants certain rights. These rights include the right to a speedy and public trial by an impartial jury in the state and district where the crime was committed. The district must be established by law prior to the offense. Defendants are also entitled to be informed of the charges against them, to confront and cross-examine the witnesses who testify against them, to subpoena witnesses in their defense, and to have the assistance of an attorney for their defense. West Virginia's state statutes and court rules provide the procedures to enforce these rights. For instance, West Virginia Rule of Criminal Procedure 12 provides mechanisms for a defendant to be informed of the nature and cause of the accusation, and Rule 17 governs the subpoena process. If a defendant cannot afford an attorney, one will be appointed by the court, as per the Public Defender Services Act of West Virginia, ensuring the right to legal representation is upheld.