Posting Bond and Need to Know How Bail Bonds Work in West Virginia
At any point of your life or the life of your friend or loved one; you may be faced with a legal situation that lands someone in a West Virginia jail. Whether guilty of the charges filed against the inmate or innocent, the inmate may be given the chance to pay a bond in order to be released from jail. But, how should you go about the process of posting bail in Wheeling, Charleston, Huntington, Parkersburg, Morgantown or any other city in the Mountain State? Continue reading for information on how bail bonds work in West Virginia.
Defining Bail in West Virginia
Bail is the West Virginia court’s way of granting you freedom from jail while you await your assigned court date. Typically, defendants are given this opportunity to work on their legal cases while awaiting the court date. If during this time the person on bond decides to skip town or not show for the court date, all cash bond paid to the courts will be forfeited or the surety bond will fall on the responsibility of the co-signer.
Different Types of Bail Bonds
There are a number of ways that an inmate can post bail in West Virginia and be allowed out of jail. The most common ways to post bail in WV are:
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- Either posting a cash bond (you are able to pay the full amount with money on hand at the time of the arrest, or another individual can post the bail amount for you)
- A surety bond (the inmate uses a bail bondsman to pay the money and pays the bondsman 10% of the amount)
- Being released on one’s own recognizance (R.O.R.) bond (the inmate is released paying no money and agreeing to participate in a pre-trial intervention program set by the court).
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In the case of a cash or surety bond, the amount will be based on the severity of the crime, the criminal history of the inmate, the risk of the inmate fleeing to avoid the court date, and the financial status and resources of the inmate. The law guarantees that no bail amount will be excessive for any individual.
Using a West Virginia Bail Bondsman
For surety bonds, a bail bondsman can be contacted by the inmate or an employed adult who knows the inmate (this person will be the co-signer). The bondsman is given the needed information about the inmate’s case and agrees to post the bail amount if the co-signer can pay at least 10% of the bond.
Making the process of getting out of jail quick and easy!
The best way to ensure that the West Virginia bail bonds process will work easily and quickly is to have all of the necessary information needed for the inmates release. The individual who is posting your bond should have the inmate’s full legal name and date of birth. You should also know the name of the jail that the inmate is being held and the city and state of the jail. It is also a good idea to know the date that the inmate as arrested and the amount of bail that should be posted. Your bondsman will need to know this information to begin processing the bail application.
Make sure that you are able to prove that you are a working adult with proof of current residency in case you are a co-signer for the use of a West Virginia bail bonds agent. Once all legal fees, bondsman fees, and bond fees have been paid to all parties, the inmate will be released from custody.
Video: How Bail Bonds Work in West Virginia
West Virginia Bail Bonds Information
West Virginia bail bonds are 10% of the total cost of the bail bond. After collecting fees, bail bond agents make sure that the defendant goes to all scheduled court appearances or the bond is forfeited and a warrant is issued.
West Virginia Bail Bond Financing or Loans
As quoted in West Virginia bail law, a person who cannot afford bail will not be denied. Typically an ROR (Release on Recognizance or personal bond) is posted:
An indigent person who the court is satisfied will appear as required shall not be denied bail because of his inability to furnish recognizance.
Whether you need bail in Charleston, Wheeling, Huntington, Parkersburg or Morgantown; rest assured there is a bail bondsman on call 24 hours per day to walk you through the bonds process. Finding the right bondsman and knowing how bail bonds work in West Virginia is crucial to your loved ones freedom. West Virginian’s right to bail can be read here: https://www.legis.state.wv.us/WVcode/ChapterEntire.cfm?chap=62&art=1C