Missed Court in West Virginia: What Happens Next

West Virginia failure to appear law

In West Virginia, missing a required court date after release can be charged as its own crime. The statute grades it by the kind of case:

• Released on a felony charge: felony (1 to 5 years, $5,000 fine, or both). Willfully and without just cause failing to appear after release on a felony charge is a felony punishable by 1 to 5 years, a $5,000 fine, or both. (W. Va. Code § 62-1C-17b(b))

  such persons shall be guilty of a felony and, shall be fined not more than $5,000 or imprisoned not less than one nor more than five years, or both such fine and imprisonment.

• Released on a misdemeanor charge: misdemeanor (up to 1 year, $1,000 fine, or both). On a misdemeanor charge it is a misdemeanor punishable by up to one year in county jail, a $1,000 fine, or both. (W. Va. Code § 62-1C-17b(c))

  (c) If any such person was admitted to bail or released after being arrested for, charged or convicted of a misdemeanor and, shall thereafter be convicted for a violation of the provision of subsection (a) of this section, such persons shall be guilty of a misdemeanor and, shall be fined not more the $1,000 or confined in the county jail for not more than one year, or both such fine and confinement.

The statute’s mental-state words are “willfully and without just cause”, so the reason the date was missed can matter.

When a date is missed, the court’s order is called a capias or bench warrant (W. Va. Code § 62-1C-17b).

Driver’s license after a missed traffic date in West Virginia

The DMV must suspend the license on notice from a magistrate or municipal court that the person failed to respond or appear when charged with a motor vehicle violation. (W. Va. Code § 17B-3-3a)

The division shall suspend the license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice from a magistrate court or municipal court of this state that such person has failed to respond or appear in court when charged with a motor vehicle violation.

Bail and bonds after a missed date in West Virginia

The court may set aside a forfeiture on conditions if justice does not require enforcing it; no fixed deadline is set. (W. Va. Code § 62-1C-8)

To compare what posting bail costs in West Virginia, see the West Virginia bail bond calculator.

How to deal with a missed date in West Virginia

Only the court that set the date can recall a warrant or give a new date. Contact that court’s clerk, or the lawyer or public defender on the case, who can ask the court to recall or quash the warrant.

• Official case search: West Virginia Judiciary court record access
• How to check for a warrant in West Virginia