§62-1C-4. Recognizance; signing; requirements for signers or surety company; release upon own recognizance; indigent persons.
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/wv/chapter-62-criminal-procedure/article-1c-bail/62-1c-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The recognizance shall be signed by the defendant. It shall also be signed by one or more adult persons owning real property in the state. The court or justice may require that justification of surety be furnished. The assessed value of the real property as shown on the county land books over and above all liens and encumbrances shall not be less than one half the amount of the bail. Or, the recognizance may be signed by the defendant and a surety company authorized to do business in this state.
If the offense is a felony, the judge of the court that will have jurisdiction to try the offense may release the defendant on his own recognizance. If the offense is a misdemeanor, either the court or justice may release the defendant on his own recognizance. An indigent person who the court is satisfied will appear as required shall not be denied bail because of his inability to furnish recognizance.