West Virginia Bail Laws 1. Applicable Statutes. - AIA Bail Bond Surety

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West Virginia Bail Laws 1. Applicable Statutes. - AIA Bail Bond Surety

involving moral turpitude, or who is not known to be a person of good moral

character.

• It shall be the duty of each of said courts of record to require every person

qualifying to engage in the bonding business as principal to file with said court

a list showing the name, age, and residence of each person employed by said

bondsman as agent, clerk, or representative in the bonding business, and

require an affidavit from each of said persons stating that said person shall

abide by the terms and provisions of this article.

• Each of said courts of record shall require the authority of each of said

persons to be renewed from time to time at such periods as the said courts

may by rule provide, and before said authority shall be renewed the said

courts shall require from each of said persons an affidavit that since his

previous qualifications to engage in the bonding business he has abided by

the provisions of this article, and any person swearing falsely in any of said

affidavits shall be guilty of false swearing.

B. WEST VIRGINIA CODE 1966 CHAPTER 56. PLEADING AND PRACTICE.

ARTICLE 3. WRITS, PROCESS AND ORDER OF PUBLICATION. § 56-3-34

Actions by or against nonresident bail bond enforcement agents or bail

bondsmen; appointment of secretary of state as agents; service of process.

• (See statute in full for lengthy provisions on this subject)

C. WEST VIRGINIA CODE 1966 CHAPTER 62. CRIMINAL PROCEDURE. ARTICLE

1C. BAIL.§ 62-1C-10 Same -- Bail in excess of jurisdictional limit of justice

[magistrate] or of particular court.

• Where the forfeiture has been declared by a justice [magistrate] or by a court

of limited jurisdiction of bail in excess of the jurisdictional limit of justice

[magistrate] or of the particular court, such forfeiture shall be certified to a

court of the county having sufficient jurisdiction, which court shall thereupon

proceed as if the forfeiture were originally declared in such court.

9. Noteworthy State Appellate Decisions.

A. State v. Hedrick

204 W.Va. 547, 514 S.E.2d 397

W.Va.

Feb 22, 1999

• After bail bonds totaling $455,000 were forfeited due to criminal defendant's

failure to appear at hearing, and after defendant surrendered himself, surety

moved to exonerate its obligation on forfeited bonds. The Circuit Court,

Pendleton County, Donald H. Cookman, J., entered judgment remitting only

$355,000 of that amount. Surety appealed. The Supreme Court of Appeals,

Allegheny Casualty - International Fidelity - Associated Bond

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