Facing a criminal charge in West Virginia

Bond and pretrial release in West Virginia

Article III Section 5 of the West Virginia Constitution bars excessive bail. W. Va. Code Sec. 62-1C-1 through 62-1C-21 govern bail. W. Va. Code Sec. 62-1C-1a directs the court to release the defendant on personal recognizance or unsecured appearance bond unless that will not reasonably assure appearance, in which case the least restrictive additional conditions may be imposed. Forms include cash bond, surety bond, real estate bond, and supervised release. W. Va. R. Crim. P. 46 governs bail procedure in circuit court. W. Va. Code Sec. 62-1C-7 governs review and modification. Magistrates set initial bail post-arrest under W. Va. Code Sec. 62-1-5; many counties post a standardized bond schedule for misdemeanors at the jail.

Bond amounts, conditions, and timelines vary by county and judge. Confirm with counsel or the court.

Criminal defense attorneys serving West Virginia

Our directory is still building in West Virginia. Public-defender intake is available now.

Record clearing in West Virginia

West Virginia expungement is governed by W. Va. Code 61-11-26 (misdemeanor convictions) and 61-11-25 (non-conviction records). The statute establishes petition-based pathways through the circuit court that, when granted, seal the underlying records from public access. The statute provides a one-year waiting period for misdemeanor expungement under 61-11-26 and an immediate-eligibility pathway for non-conviction records under 61-11-25; DUI offenses, domestic violence offenses, sex offenses, and crimes of violence against the person are excluded. The petition is filed in the circuit court of the county of conviction.

Eligibility, waiting periods, and the petition vs. automatic pathway depend on the conviction class and the date of the offense. Confirm with counsel or the court record.

Public defender intake in West Virginia

West Virginia Public Defender Services serves STATEWIDE County. Public defenders are appointed by the court based on financial eligibility. We do not refer you to a specific public defender and we do not represent you.

Public defenders are appointed by the court based on financial eligibility. LawSensai does not refer you to a public defender and does not represent you. This packet is a courtesy summary you can share with your public defender or their intake staff. You remain responsible for applying to the court for appointed counsel.