What Is Bail & How Does It Work?
When someone is arrested, they are typically taken to jail and held until they can appear before a judge or magistrate. At that time, the court may set a bail amount. Bail is a financial guarantee that allows a person to be released from jail while their case proceeds through the court system. It also serves as a promise that the defendant will return for all required court appearances.
If bail is set, the defendant may remain in jail until the case is resolved or post bail to be released. In many situations, families are unable to pay the full bail amount on their own. This is where a bail bondsman can help.
A bail bond allows a licensed bail bonding company, regulated by the West Virginia Insurance Commissioner, to post bail on behalf of the defendant, securing their release from custody. Once the bond is posted and the defendant is released, they are required to attend all court dates and comply with any terms and conditions set by the court. When the case is completed and all court obligations have been satisfied, the bond is exonerated, meaning it is closed and no longer active.
The Three Main Types of Bonds
- Cash Bond
- The full bail must be paid in cash directly to the court. Please note that not all magistrates accept cash bonds after hours or on weekends.
- Once the case is resolved and all court appearances are met, the cash is returned.
- This option is often used when families can afford to pay the full amount upfront.
- Surety Bond
- A bail bondsman posts the full bail amount on behalf of the defendant.
- The bondsman guarantees the defendant will appear in court. If the defendant fails to appear, the bondsman may pursue the indemnitor or collateral to cover the bond.
- Property Bond
- Real estate or other valuable property is used as collateral to secure the bail.
- The property must be located within the State of West Virginia.
- The court places a lien on the property until all court obligations are satisfied.
- This option can be used when cash is limited, but the defendant or family owns property of sufficient value.
Times That Bond Can Be Posted in West Virginia
Our office is open Monday – Friday from 9:00 a.m. to 5:00 p.m. and Saturday – Sunday from 10:00 a.m. to 3:00 p.m. Outside of these hours, an on-call agent is available, and our phones are answered 24/7.
Please note that the times bonds can be posted in West Virginia are set by the West Virginia Supreme Court of Appeals. While we can meet with you to complete all paperwork and have it ready for posting, there is no 24-hour magistrate in West Virginia.
Rule 1. Hours of magistrate court.
(a) Regular office hours. — Every magistrate court shall be open on each judicial day except Saturday. The hours of magistrate court in each county shall be approved by the supervising circuit judge and submitted, in written form, to the Administrative Office of the Supreme Court of Appeals. These hours shall, as nearly as possible, correspond to the hours of the county courthouse.
The supervising circuit judge may, or at the direction of the Supreme Court of Appeals shall, also direct one magistrate, on a rotating basis, to be at the magistrate court offices at other designated evening, weekend and holiday hours, or at all times. Such evening, weekend and holiday hours shall be subject to the approval of the Supreme Court of Appeals through the Administrative Office of the Supreme Court of Appeals.
(b) On call. — One magistrate in each county, on a rotating basis, shall be on call at all times other than regular office hours. On-call duties shall extend, in criminal cases, to initial appearances; to taking bond for someone who is in jail; and to receiving and acting upon emergency search warrants, domestic violence matters, and juvenile abuse and neglect matters.
(1) Initial appearances and taking bond in criminal cases. — Within the time periods provided for below, the on-call magistrate shall contact the county or regional jail, whichever applies, and the juvenile detention facility that serves the county, and shall inquire whether any person has been arrested in the county since the close of regular business hours or since the last contact with the jail, or whether anyone confined to the jail is able to post bond. If an arrest has been made or if a prisoner is able to post bond, the magistrate shall proceed immediately to the magistrate court offices to conduct an initial appearance and to set bail for such person, or to accept bond for someone already in jail.
It shall be sufficient to comply with this rule if the on-call magistrate contacts the jail and juvenile detention facility:
(A) Between 10:00p.m. and 11:00p.m. Monday through Friday;
Between 10:00a.m. and 11:00a.m. and between 10:00p.m. and 11:00p.m. on Saturdays and holidays; and
(C) Between 12:00p.m. and 1:00p.m. and between 10:00p.m. and 11:00p.m. on Sundays.
Note: The West Virginia Supreme Court of Appeals has allowed the Chief Judge of each circuit to promulgate their circuit’s hours, and these hours may vary from county to county.
Our experienced team provides compassionate, knowledgeable support at every step of the process. We act quickly to secure your loved one’s release while keeping you fully informed. Our mission is to ease your stress, provide clear guidance, and help your family be reunited as quickly as possible.
Indemnitor (Co-Signer) Requirements
In all cases, a qualified indemnitor (co-signer) is required. The indemnitor is the individual who guarantees the bond and agrees to be financially responsible if the defendant fails to appear in court or fails to make all required payments on a financed bond.
To qualify, the indemnitor must:
- Be at least 18 years of age
- Be currently employed or a real estate owner
- Provide valid identification and proof of employment
Most co-signers are required to be physically present, but we also offer E-Sign options for certain situations.
In certain situations, an indemnitor may not be required. If the defendant owns real estate, a note and deed of trust may be used as collateral. We may also accept full cash collateral. All cash collateral is deposited into an escrow account with Bail USA and is returned to the issuer by certified check via FedEx once the bond is exonerated.