The entire West Virginia State Code can be found online at www.legis.state.wv.us/WVCODE/Code.cfm . The most useful chapters are Chapter 17-Motor Vehicle Law; Chapter 19- Dogs and Cats; Chapter 20-Natural Resources; Chapter 60A- Uniform Controlled Substances Act; and Chapter 61- Crimes and Their Punishment. Sworn members of the Preston County Sheriff’s Office can provide you with interpretations of the laws from a law-enforcement point of view, however for in-depth interpretation of any West Virginia Statute, we would refer you to the Preston County Prosecuting Attorney’s Office at 304-329-1885.

Prescription medications or medications of any form should not be disposed of by flushing into a sewer or septic system or washed down the sink. Many of these medications will eventually find their way into the drinking water supply since they don’t break down in the environment. The Preston County Sheriff’s Office maintains a drug take-back container in our lobby. What is acceptable to be placed in this container is Prescription Patches, Prescription Medications, Prescription Ointments, Over-the-Counter Medications, Vitamins, Samples and Medications for Pets. The list of not acceptable items includes Hydrogen Peroxide, Inhalers, Aerosol Cans, Regular ointments, Lotions, Liquids, Medications from businesses or clinics, Needles, or Thermometers. This container is available during the Sheriff’s Office regular business hours Monday through Friday from 08:00 AM until 4:30 PM or by appointment.

If you’re having a problem with dogs that are running loose causing problems, Preston County employs an animal control officer and has a leash law. The animal control officer has county-wide jurisdiction to enforce the leash law. The law is written such that it can only be enforced by the Animal Control Officer or his or her deputies. If your complaint involves the mistreatment of ANY animal then any law-enforcement officer can handle your complaint. Within city or town limits, humane complaints should be directed to the City or Town Police Department, if one is available. Outside of city or town limits animal mistreatment (humane) complaints should be directed to the Preston County Sheriff’s Office or the West Virginia State Police.

West Virginia Code 19-20-16 states: “A person may kill a dog that he may see chasing, worrying, wounding or killing any sheep, lambs, goats, kids, calves, cattle, swine, show or breeding rabbits, horses, colts, or poultry outside of the enclosure of the owner of the dog, unless the chasing or worrying be done by the direction of the owner of the sheep, lambs, goats, kids, calves, cattle, swine, show or breeding rabbits, horses, colts, or poultry.” If that is not done, then the complainant under West Virginia code 19-20-18 should notify the dog owner(s) of the actions of the dogs in writing. Within 48 hours the owners are required to destroy the dogs. Under West Virginia code 19-20-17 and 19-20-18 there are remedies and penalties should the dog owner(s) refuse to destroy the dogs and allows for a Magistrate within the county to order the destruction of the dog(s). West Virginia code 19-20-18 particularly states that the magistrate”...shall issue a warrant on application being made by the owner of the sheep, lambs, goats, kids, etc.” A Sheriff or his Deputies is only authorized to kill a dog when it is done by order of the Circuit Court Judge or Magistrate therefore cases such as this need to be taken before a Magistrate. Most complaints regarding dogs originate with a violation of the County Leash Law which can be addressed to the County Dog Warden.

A: West Virginia Natural Resources Police Officers (Game Wardens) work out of a separate office apart from the Preston County Sheriff’s Office. Their local phone number is 304-329-4105. They are frequently out of the office enforcing the game laws of the State. An alternative way they can be reached when they are on duty is by contacting the Preston County 911 Center’s non-emergency number at 304-329-0135 or 304-329-1026. The 911 Center maintains radio communications with Natural Resources Police Officers whenever they are on duty. Complaints regarding dogs chasing deer are also handled by Natural Resource Police Officers, West Virginia code 20-2-16.

The Preston County Sheriff’s Office has a unit dedicated to drug law violations. In addition to that, there are three full time K-9 Officers on staff. You will not be required to give your name or any identifying information concerning these complaints, however you should be aware that anonymous complaints severely limit the actions that a law-enforcement officer can take. For observed violations of drug laws that are happening right then and there, you should call the 911 non-emergency number at 304-329-0135. They will then dispatch the information to a law-enforcement officer on duty at the time. For longer term violations involving a suspected dealer operating over a period of time, then our Narcotics Units can be reached by calling the Preston County Sheriff’s Office at 304-329-1611. When you hear the menu of choices, dial extension 257 and leave a message.

The police do not let criminals go, the court system is responsible for that. Police, including the Sheriff’s Office investigates criminal activity and if enough “probable cause” is there to charge an individual with a crime, then a police officer files what’s known as a Criminal Complaint with a Magistrate who either finds that probable cause exists for the person’s arrest or doesn’t. If a warrant is issued, then the person is arrested by the police to face the charge. Almost immediately an arraignment is held before a Magistrate where that person’s rights and options for an attorney are explained to them. The accused is then given the opportunity to post bond. Bond amounts and types vary depending on the alleged crime, however the Magistrate at this point is the sole person who determines the bond amount and type. Bond is based on the premise that everyone is innocent until proven guilty in a court of law and should be given the opportunity to be released pending trail. Bond is meant to guarantee that the accused will be present for future hearings on the case.
   Once the criminal charge gets beyond the arraignment step there are generally several more hearings before a Magistrate or Circuit Court Judge that can take place. The accused person’s attorney and the Prosecuting Attorney discuss the case with one another and try to reach a plea agreement. If no plea agreement can be reached then the case goes to trial either before a Magistrate or Judge (bench trial) or jury. If the accused is found guilty, then a sentence is imposed. What an individual can be given by way of a sentence in a criminal case varies depending on a lot of conditions which are spelled out in the West Virginia State Code.  (see www.legis.state.wv.us/WVCODE/Code.cfm ) In most if not all cases, the police have very little to do with the eventual outcome of the case beyond the investigation and initial charging of the accused. The determination of guilt or innocence and any jail time served is at the discretion of the  Prosecutor’s Office and ultimately the Court.
  In summary, beyond the investigation of the alleged crime and the arrest, the police act as witnesses on behalf of the State in criminal matters. The outcome is determined by the Prosecutor and the Courts.
 

The Preston County Commission employs a Litter Control Officer. His duties include investigating instances of illegal dumping. He has an office at the Preston County Sheriff’s Office and messages for him can be left with the office staff at the Sheriff’s Office, who will then forward the information to him. You can also call his County issued cell phone at 304-698-5594.

The first step in the process involves serving them with an Eviction Notice. The Sheriff’s Office keeps those forms available in our front office. The notice can either be served by the landlord or by the Sheriff’s Office Civil Process Server. There is a $25.00 charge if our Process Server serves the notice. If after being served and the date they are supposed to vacate passes without the evicted party relinquishing the property then the landlord will have to file suit in Magistrate Court for “wrongful occupation”. If the Magistrate finds in the landlord’s favor they will be given a date certain to move out of the property. If they fail to do so, an order from the Magistrate will cause them to be forcibly removed.

West Virginia Code 17C-15-46 requires that “Every driver who transports a child under the age of eight years in a passenger automobile, van or pickup truck other than one operated for hire shall, while the motor vehicle is in motion and operated on a street or highway of this State, provide for the protection of the child by properly placing, maintaining and securing the child in a child passenger safety device system meeting applicable federal motor vehicle safety standards.” The exception to this is that if your child is under the age of eight but is at least four feet nine inches tall, then a safety belt will be sufficient. The Preston County Sheriff’s Office has two child safety system inspectors who will inspect your child car seats free of charge to make sure they are properly installed. You can call 304-329-1611 to make an appointment.

Anytime you see something out of place or vehicles and persons acting suspiciously you can call the Preston County Sheriff’s Office during normal business hours which are 08:00 AM to 4:30 PM. After hours or on weekends or holidays calls can be made to the Preston County 911 Center non-emergency number 304-329-0135. If you observe an actual emergency dial 911.

First and foremost, report it to the police. If an actual emergency situation is taking place, dial 911.
    West Virginia has two mechanisms in place to help ensure the safety of individuals who fear for their safety. In the case where the person causing you to be in fear for your safety is a family or household member as defined by West Virginia Code 48-27-204, then the mechanism used is referred to as a Domestic Violence Protective Order, or simply Protective Order. These can be obtained by filling out a petition which is reviewed by a Magistrate to determine if the petitioner qualifies for a Protective Order. These can be obtained any time, day or night. Magistrate Court hours are from 8:30 AM and closes at 4:30 PM. After hours, a magistrate will be called out for Protective Order petitions. Call 304-329-0135 after hours to arrange to speak to a Magistrate for Protective Orders.
    For individuals who don’t meet the family or household criteria then the mechanism is known as a Personal Safety Order. To qualify for an order the circumstances must be one of the following:
(1) A sexual offense or attempted sexual offense
 (2) A violation of subsection (a), section nine-a, article two, chapter sixty-one of this code; or
 (3) repeated credible threats of bodily injury when the person making the threats knows or has reason to know that the threats cause another person to reasonably fear for his or her safety.
To see a Magistrate to obtain a personal safety order, go to the Preston County Magistrate Court between the hours of 8:30 AM and 4:30 PM Monday through Friday excluding holidays.
 

The Preston County Sheriff’s Office hires new Deputy Sheriff’s when a position becomes available. This can happen as a result of member retirement or an increase in the number of positions allotted. The Preston County Deputy Sheriff Civil Service Commission will post dates when testing is done for any open positions. To be considered for testing you should fill out and file an application for Deputy Sheriff. These can be obtained from the Sheriff’s Office, Monday through Friday 08:00 AM to 4:30 PM. Once you’ve completed the application, it needs to be filed with the Preston County Clerk’s Office which is located in the Annex Building across the street from the County Courthouse. Both written and physical agility testing are given to determine a list of three applicants who are qualified to fill any open position. This list is provided to the Sheriff, who will then make a choice from that list, based on the individual’s qualifications. All notices for position availability and testing are published in a newspaper of record for the county. Once selected the applicant must successfully complete Basic Officer training at the West Virginia State Police Academy and complete Field Training with a Sheriff’s Office Field Training Officer.