The Sixth Amendment to the United States Constitution provides that a person accused of a crime has the right to a speedy and public trial, 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 the rights of individuals accused of crimes. This includes the right to a speedy and public trial by an impartial jury in the state and district where the crime was committed. The state of West Virginia must ensure that the district is determined according to the law prior to the trial. The accused must be informed of the charges and the reasons for the accusation. They also have the right to confront and cross-examine the witnesses against them. Additionally, the accused in West Virginia has the right to subpoena witnesses in their defense and to have the assistance of an attorney. If the accused cannot afford an attorney, one will be provided for them at the state's expense. These rights are enshrined in both the federal constitution and are also reflected in the state's laws and procedural rules that govern criminal proceedings.