West Virginia Bail Bond Calculator

Bail bond agents in West Virginia

Since July 1, 2022, no one may engage in the bonding business unless licensed by the Insurance Commissioner. (W. Va. Code § 51-10-8(i))

(i) After July 1, 2022, a person may not, either as principal, or as agent, clerk, or representative of an agent, engage in the bonding business unless licensed by the commissioner under this section.

A bail bondsman's fee must be at least 10 percent of the bond (a statutory minimum, not a fixed rate) and may be paid in full or with at least 3 percent down and the rest within 12 months. (W. Va. Code § 51-10-5a)

(a) The bonding fee required by a bail bondsman shall be at least ten percent of the amount of the bond. The bonding fee received by the bondsman shall not, in the aggregate, exceed the amount of the bond. (b) The bonding fee may be paid as follows: (1) In full at the time of the issuance of the bond; or (2) At least three percent paid at the issuance of the bond with the remaining percentage to be paid over a period not to exceed twelve months.

Bail agents are licensed by the West Virginia Offices of the Insurance Commissioner, where a license can be checked and a complaint filed.

Cash bail in West Virginia

For misdemeanors, cash bail may not exceed three times the maximum fine for the offense. (W. Va. Code § 62-1C-1a(b))

(b) In all misdemeanors, cash bail may not exceed three times the maximum fine provided for the offense.

When the bond is satisfied or the forfeiture set aside or remitted, the court releases the bail and returns a deposit to the person who made it. (W. Va. Code § 62-1C-12(a))

(a) When the condition of the bond has been satisfied or the forfeiture thereof has been set aside or remitted, the court or magistrate shall exonerate the surety and release any bail and, if the bail be in a form other than a recognizance, the deposit shall be returned to the person who made the same.

How bail is set in West Virginia

A person arrested for an offense not punishable by life imprisonment must be admitted to bail; for life offenses bail is discretionary. (W. Va. Code § 62-1C-1(a))

(a) A person arrested for an offense not punishable by life imprisonment shall be admitted to bail by the court or magistrate. A person arrested for an offense punishable by life imprisonment may, in the discretion of the court that will have jurisdiction to try the offense, be admitted to bail.

The court fixes bail considering the seriousness of the offense, criminal record, financial ability and likelihood of appearance. (W. Va. Code § 62-1C-3)

The amount of bail shall be fixed by the court or justice with consideration given to the seriousness of the offense charged, the previous criminal record of the defendant, his financial ability, and the probability of his appearance.

If a court date is missed in West Virginia

The court may set aside a forfeiture on conditions if justice does not require enforcing it. (W. Va. Code § 62-1C-8)

The court or justice may direct that a forfeiture be set aside, upon such conditions as may be imposed, if it appears that justice does not require the enforcement of the forfeiture.

For the rest of what can follow a missed date, see missed court in West Virginia.