(1) Whenever a person under bail serves as his or her own surety and he or she willfully and without just cause fails to appear as and when required or violates any other term or condition of bail, the circuit court or magistrate shall declare the bail forfeited.
(2) Whenever a person or entity other than the person under bail serves as surety, forfeiture of bail shall be declared only when the person under bail willfully and without just cause fails to appear as and when required.
Structure West Virginia Code
Chapter 62. Criminal Procedure
§62-1C-1. Right to Bail; Exceptions; Review
§62-1C-2. Bail Defined; Form; Receipts
§62-1C-3. Fixing of Amount; Bail May Cover Two or More Charges
§62-1C-5. Recognizance and Deposits Subject to Order of Court or Magistrate
§62-1C-7. Forfeiture of Bail; Basis Therefor
§62-1C-8. Same -- Setting Aside
§62-1C-10. Same -- Bail in Excess of Jurisdictional Limit of Justice or of Particular Court
§62-1C-12. Same -- Exoneration; Return of Deposit
§62-1C-13. Same -- Defects in Form of Bail
§62-1C-14. Bailpiece; Issuance to Surety; Taking Accused Into Custody
§62-1C-16. Guaranteed Arrest Bond Certificate
§62-1C-17. Offenses Against Municipalities
§62-1C-17a. Bail in Situations of Alleged Child Abuse
§62-1C-17b. Failure to Appear; Penalties
§62-1C-17c. Bail in Cases of Crimes Between Family or Household Members