West Virginia Motion to Release Defendant and Set Reasonable Bond

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Multi-State
Control #:
US-02735BG
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Word; 
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bond if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a second deed of trust or mortgage on one's house.


The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Criminal Procedure, which have been adopted by most states in one form or another.

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FAQ

§62-1C-1. A person arrested for an offense punishable by life imprisonment may, in the discretion of the court that will have jurisdiction to try the offense, be admitted to bail.

The Supreme Court of Appeals of West Virginia is West Virginia's highest court and has judicial and administrative jurisdiction over the entire state court system.

For minor offenses, the court may release you on your own recognizance without posting bail. You still have to appear in court for any upcoming hearings, and failure to show up could mean a warrant for your arrest.

Rule 46. (a) Release prior to trial. - Eligibility for release prior to trial shall be in ance with Chapter 62, Article 1C, Section 1 of the West Virginia Code of 1931, as amended. (b) Release during trial.

When an indictment is found in any county, against a person for a felony or misdemeanor, the accused, if in custody, or if he appear in discharge of his recognizance, or voluntarily, shall, unless good cause be shown for a continuance, be tried at the same term.

Rule 35(b) reduction of sentence - Within 120 days after sentencing has occurred, your lawyer can request that the sentencing judge reconsider your sentence. You can ask for a reduction in sentence or an alternative form of sentence.

Every person charged by presentment or indictment with a felony or misdemeanor and, remanded to a court of competent jurisdiction for trial, shall be forever discharged from prosecution for the offense, if there be three regular terms of such court, after the presentment is made or the indictment is found against him ...

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West Virginia Motion to Release Defendant and Set Reasonable Bond