Bail After An Arrest
W. Va. Code § 62-1C-1 — a right to bail short of a life offense, a cap on misdemeanor cash bail, and no contact in family cases
A right to bail. A person arrested for an offense not punishable by life imprisonment shall be admitted to bail by the court or magistrate.
Conditions are set considering the person's ability to give bail, the nature and gravity of the offenses, the potential penalty, and whether the acts were violent.
Three times the fine. In all misdemeanors, cash bail may not exceed three times the maximum fine for the offense. A person held on a misdemeanor for inability to meet a secured bond gets a hearing within five days.
Where the charge is a crime against a family or household member, bond may require no contact with the victim at all, and an officer who sees a violation arrests the defendant at once.
Some misdemeanors involving violence, minors, weapons or drugs are treated differently. A particular bail decision is a question for a licensed West Virginia attorney.
Sources for this section (3)
- W. Va. Code § 62-1C-1 — Right to bail; exceptions; review
- W. Va. Code § 62-1C-1a — Pretrial release; conditions
- W. Va. Code § 62-1C-17c — Bail in cases of crimes between family or household members
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.