All

Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.

Every law can be saved to the Reform Builder

 

Below are all of the laws that meet your criteria. You may also try the subject-area-specific tabs for advanced searching.

Fines and Fees
State Statute Description/Statute Name Statutory language Amount Level of offense Mandatory Imposed by Delegation of authority
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code §61-1-3. Failure to give information of treason
If any person have any knowledge of treason against the state, and shall not, as soon as may be, give information thereof to the governor or some conservator of the
+ See more
peace, he shall be guilty of a felony, and, upon conviction, shall be fined not exceeding one thousand dollars, or by confinement in the penitentiary not less than one nor more than five years.
$0 - $1000 Felony No Court no
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code §61-1-4. Attempt to justify or uphold invasion or insurrection
If any person shall attempt to justify or uphold an armed invasion of this state, or an organized insurrection therein, by speaking, writing, or printing, or by publishing or circulating
+ See more
any written or printed document, or in any other way whatever, during the continuance of such invasion or insurrection, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not exceeding one thousand dollars, and be confined in jail not exceeding twelve months.
$0 - $1000 Misdemeanor Yes Court no
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code §61-1-7. Penalty for unlawful speeches, publications, and communications.
Any person violating any of the provisions of section five of this article, shall, for the first offense, be guilty of a misdemeanor, and, upon conviction, shall be fined not
+ See more
less than $100 nor more than $500, or, in the discretion of the court, be confined in jail not exceeding twelve months, or both; and, for the second offense, shall be guilty of a felony, and, upon conviction shall be confined in a state correctional facility not less than one nor more than five years.
$100 - $500 Misdemeanor No Court no
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code §61-1-8. Desecration of flag
Any person who for exhibition or display shall place, or cause to be placed, any words, figures, marks, pictures, designs, drawings, or any advertisement of any nature, upon any flag,
+ See more
standard, color or ensign of the United States, or upon the state flag of this state, or shall expose or cause to be exposed to public view any such flag, standard, color or ensign, upon which shall have been printed, painted or otherwise placed, or to which shall be attached, appended, affixed or annexed, any words, figures, marks, pictures, designs, drawings, or any advertisement of any nature or kind, or who shall expose to public view, manufacture, sell, expose for sale, give away, or have in possession for sale or to give away, or for use for any purpose, any article or substance, being an article of merchandise or a receptacle of merchandise, or article or thing for carrying or transporting merchandise, upon which shall have been printed, painted, attached or otherwise placed, a representation of any such flag, standard, color or ensign, to advertise, call attention to, decorate, mark or distinguish the article or substance on which so placed, or who shall publicly mutilate, deface, defile or defy, trample upon or cast contempt, either by words or acts, upon any such flag, standard, color or ensign, he shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined not less than five nor more than one hundred dollars, and may, at the discretion of the court or justice trying the case, be confined in jail for a period not exceeding thirty days. Any justice of the peace of the county wherein the offense was committed shall have concurrent jurisdiction of such offense with the circuit or other courts of such county. The words "flag, standard, color or ensign of the United States," as used in this section, shall be construed to include any flag, standard, color, ensign, or any representation or picture of a flag, standard, color or ensign, made of or upon any substance whatever, and of any size whatever, showing the national colors, the stars and stripes. This section shall not apply to any act permitted by the statutes of the United States, or of this state, or by the regulations of the United States army and navy, or of the national guard of this state, or of the members of the department of public safety; nor shall this section be construed to apply to the regular issue of a newspaper or other periodical, or to any book, certificate, diploma, warrant or commission, on which shall be printed said flag, disconnected from any advertisement, or to the vignette of any political ballot.
$5 - $100 Misdemeanor Yes Court no
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code §61-1-9 Impersonation of law - enforcement officer or official
Any person who shall falsely represent himself or herself to be a law-enforcement officer or law-enforcement official or to be under the order or direction of any such person, or
+ See more
any person not a law-enforcement officer or law-enforcement official who shall wear the uniform prescribed for such persons, or the badge or other insignia adopted for use by such persons with the intent to deceive another person, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than one thousand dollars.
$100 - $1000 Misdemeanor Yes Court no
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code §61-2-5 Involuntary manslaughter
Involuntary manslaughter is a misdemeanor, and any person convicted thereof shall be confined in jail not to exceed one year, or fined not to exceed one thousand dollars, or both,
+ See more
in the discretion of the court.
$0 - $1000 Misdemeanor No Court no
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code §61-2-5a Concealment of deceased human body
(a) Any person who, by any means, knowingly and willfully conceals, attempts to conceal or who otherwise aids and abets any person to conceal a deceased human body where death
+ See more
occurred as a result of criminal activity is guilty of a felony and, upon conviction thereof, shall be confined in a correctional facility for not less than one year nor more than five years and fined not less than one thousand dollars, nor more than five thousand dollars.
$1000 - $5000 Felony Yes Court no
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code §61-2-9(a) Malicious or unlawful assault; assault; battery(unlawful assault)
(a) If any person maliciously shoot, stab, cut or wound any person, or by any means cause him or her bodily injury with intent to maim, disfigure, disable or kill,
+ See more
he or she shall, except where it is otherwise provided, be guilty of a felony and, upon conviction, shall be punished by confinement in a state correctional facility not less than two nor more than ten years. If such act be done unlawfully, but not maliciously, with the intent aforesaid, the offender is guilty of a felony and, upon conviction, shall either be in a state correctional facility not less than one nor more than five years, or be confined in jail not exceeding twelve months and fined not exceeding $500.
$0 - $500 Felony No Court no
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code §61-2-9(b) Malicious or unlawful assault; assault; battery(assault)
(b) Assault. -- Any person who unlawfully attempts to use physical force capable of causing physical pain or injury to the person of another or unlawfully commits an act that
+ See more
places another in reasonable apprehension of immediately suffering physical pain or injury, he or she is guilty of a misdemeanor and, upon conviction, shall be confined in jail for not more than six months, or fined not more than $100, or both fined and confined.
$0 - $100 Misdemeanor No Court no
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code §61-2-9(c) Malicious or unlawful assault; assault; battery(battery)
(c) Battery. -- Any person who unlawfully and intentionally makes physical contact with force capable of causing physical pain or injury to the person of another or unlawfully and intentionally
+ See more
causes physical pain or injury to another person, he or she is guilty of a misdemeanor and, upon conviction, shall be confined in jail for not more than twelve months, or fined not more than $500, or both fined and confined.
$0 - $500 Misdemeanor No Court no
Poverty Penalties and Poverty Traps
State Statute Description/Statute Name Statutory language Type of poverty penalty or poverty trap Level of offense Mandatory
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 62-11A-1a(a)(3) Other sentencing alternatives.

Any person who has been convicted in a circuit court or in a magistrate court under any criminal provision of this code of a misdemeanor or felony, which is punishable

+ See more
by imposition of a fine or confinement in a regional jail or a state correctional institution, or both fine and confinement, may, in the discretion of the sentencing judge or magistrate, as an alternative to the sentence imposed by statute for the crime, be sentenced under one of the following programs: (3) The community service program under which a sentenced person would spend no time in jail, but would be sentenced to a number of hours or days of community service work with government entities or charitable or nonprofit entities approved by the circuit court. Regarding any portion of the sentence designated as confinement, eight hours of community service work is to be credited as one day of the sentence imposed. Regarding any portion of the sentence designated as a fine, the fine is to be credited at an hourly rate equal to the prevailing federal minimum wage at the time the sentence was imposed. In the discretion of the court, the sentence credits may run concurrently or consecutively. A person sentenced under this program may be required to provide his or her own transportation to and from the work site, lunch and work clothes.

Community service All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 50-3-2a(b)-(c)(1), (f)(1) Payment by credit card or payment plan; suspension of licenses for failure to make payments or appear or respond; restitution; liens

(b) Unless otherwise required by law, a magistrate court may collect a portion of any costs, fines, fees, forfeitures, restitution or penalties at the time the amount is imposed by the

+ See more
court so long as the court requires the balance to be paid in accordance with a payment plan which specifies: (1) The number of payments to be made; (2) the dates on which the payments are due; and (3) the amounts due for each payment. The written agreement represents the minimum payments and the last date those payments may be made. The obligor or the obligor's agent may accelerate the payment schedule at any time by paying any additional portion of any costs, fines, fees, forfeitures, restitution or penalties.

(c) (1) If any costs, fines, fees, forfeitures, restitution or penalties imposed by the magistrate court in a criminal case are not paid within one hundred eighty days from the date of judgment and the expiration of any stay of execution, the magistrate court clerk or, upon judgment rendered on appeal, the circuit clerk shall notify the Commissioner of the Division of Motor Vehicles of the failure to pay: Provided, That in a criminal case in which a nonresident of this state is convicted of a motor vehicle violation defined in section three-a [§ 17B-3-3a], article three, chapter seventeen-b of this code, the appropriate clerk shall notify the Division of Motor Vehicles of the failure to pay within eighty days from the date of judgment and expiration of any stay of execution. Upon notice, the Division of Motor Vehicles shall suspend any privilege the person defaulting on payment may have to operate a motor vehicle in this state, including any driver's license issued to the person by the Division of Motor Vehicles, until all costs, fines, fees, forfeitures, restitution or penalties are paid in full. The suspension shall be imposed in accordance with the provisions of section six [§ 17B-3-6], article three, chapter seventeen-b of this code: Provided, That any person who has had his or her license to operate a motor vehicle in this state suspended pursuant to this subsection and his or her failure to pay is based upon inability to pay, may, if he or she is employed on a full- or part-time basis, petition to the circuit court for an order authorizing him or her to operate a motor vehicle solely for employment purposes. Upon a showing satisfactory to the court of inability to pay, employment and compliance with other applicable motor vehicle laws, the court shall issue an order granting relief.

(f) (1) If all costs, fines, fees, forfeitures, restitution or penalties imposed by a magistrate court and ordered to be paid are not paid within one hundred eighty days from the date of judgment and the expiration of any stay of execution, the clerk of the magistrate court shall notify the prosecuting attorney of the county of nonpayment and provide the prosecuting attorney with an abstract of judgment. The prosecuting attorney shall file the abstract of judgment in the office of the clerk of the county commission in the county where the defendant was convicted and in any county wherein the defendant resides or owns property. The clerks of the county commissions shall record and index the abstracts of judgment without charge or fee to the prosecuting attorney and when so recorded, the amount stated to be owing in the abstract shall constitute a lien against all property of the defendant.

Driver's license suspension/impoundment, Payment plan/installment plan, Property liens All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 50-3-2c(a) Withholding from personal income tax refunds for unpaid fines and costs in magistrate criminal actions, in magistrate criminal appeals to circuit court and for failure to appear in court

(a) If costs, fines, fees, forfeitures, restitution or penalties imposed by the magistrate court upon conviction of a person for a criminal offense as defined by this code, imposed by the

+ See more
circuit court upon judgment on an appeal to circuit court of that conviction, or imposed by either court for failure to appear are not paid in full within one year of the judgment, the magistrate court clerk or, upon a judgment rendered on appeal, the circuit clerk shall notify the Tax Commissioner that the defendant has failed to pay the costs, fines, forfeitures or penalties assessed by the court. The notice provided by the magistrate clerk or the circuit clerk to the Tax Commissioner must include the defendant's Social Security number. The Tax Commissioner, or his or her designee, shall withhold from any personal income tax refund due and owing to a defendant the costs, fines, fees, forfeitures, restitution or penalties due, the Tax Commissioner's administration fee for the withholding and any and all fees or other amounts that the magistrate court and the circuit court would have collected had the defendant appeared: Provided, That no withholding shall be made under this section if there is an unsatisfied withholding request made pursuant to section two-b [§  8-10-2b], article ten, chapter eight of this code. The Tax Commissioner's administration fee shall not exceed $25, unless this maximum amount is increased by legislative rule promulgated in accordance with article three [§§  29A-3-1 et seq.], chapter twenty- nine-a of this code. The administrative fees deducted shall be deposited in the special revolving fund hereby created in the State Treasury, which shall be designated as the Magistrate Fines and Fees Collection Fund, and the Tax Commissioner shall make such expenditures from the fund as he or she deems appropriate for the administration of this subsection.

Wage/bank account garnishment All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 61-3-33 Entry upon inclosed lands; penalty; liability for damages

If any person shall, without the consent of the owner or occupier thereof, enter upon the enclosed lands of another and do any damage, or shall, without such consent, pull

+ See more
down in whole or in part, or injure, any fence of another, or without permission open and leave open the gate or drawbar of another, or enter upon the enclosed lands of another after being forbidden so to do, or enter thereon and curse, or insult, or annoy, the owner thereof or any person rightfully there, he shall be guilty of a misdemeanor, and, upon conviction, be fined not less than five nor more than one hundred dollars; and, in default of the payment of the fine, the offender may, in the discretion of the judge or justice, be committed to jail for not less than five days. He shall, moreover, be liable to the party injured for the damages sustained by such injury; and it shall be no defense to any prosecution or suit under this section, that such fence was not a lawful fence.

Incarceration Misdemeanor No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 62-4-9 Capias pro fine; release of defendant on bond

When a judgment for fine and costs is rendered by a circuit court, or other court of record having jurisdiction in criminal cases, the court may order a capias pro

+ See more
fine to be issued thereon at any time during the term at which the judgment is rendered, and if not such order be made, such capias shall be issued by the clerk of the court in vacation if he be ordered to do so by the prosecuting attorney. If the judgment of the court in such case be that the defendant be imprisoned and fined, or that he be fined and imprisoned until the fine and costs be paid, or if the defendant be imprisoned by virtue of such capias pro fine, in either event, the defendant may be released from such imprisonment, where he is detained for a failure to pay such fine and costs, only upon his giving bond with good security before the court, or before the clerk thereof in vacation, or before the sheriff of the county in which such judgment is rendered, payable to the state of West Virginia, for the payment of such fine and costs, at a time not exceeding twelve months after the date of such bond. If default be made in the payment of such bond, the same may be proceeded against to judgment and execution as if it were a forthcoming bond.

Incarceration All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 62-4-16 Community service work may be substituted in lieu of a fine in municipal court

(a) Notwithstanding any provision of this code to the contrary, a municipal judge may substitute in lieu of the imposition of a sentence of incarceration or imposition of a fine,

+ See more
substitute community service work for such incarceration or fine. Where community service work is ordered as a substitute on a sentence of incarceration an eight hour work day shall extinguish one day of any sentence of incarceration. The minimum wage established by the prevailing federal minimum wage in effect at the time of sentencing is imposed shall be used to compute the amount of community service work necessary to extinguish the fine. In the discretion of the court, the sentence credits may run concurrently or consecutively.(b) Any community service ordered pursuant to the provisions of this section shall be performed for government entities or charitable or nonprofit entities and be supervised by the chief of police of the municipality or his or her designee.

(c) Persons sentenced under the provisions of this section remain under the jurisdiction of the municipal court. The court may withdraw the community service sentence at any time by order entered with or without notice and order a person previously sentenced to community service to serve the term of incarceration or to pay the fine available to the court upon the person's conviction: Provided, That any community service work performed before the community service sentence is withdrawn shall be credited against any term of incarceration or fine imposed.

Community service All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 62-4-17 Suspension of licenses for failure to pay fines and costs or failure to appear in court

(a) If costs, fines, forfeitures, penalties or restitution imposed by the circuit court upon conviction of a person for any criminal offense under this code are not paid in full when

+ See more
ordered to do so by the court, the circuit clerk shall notify the Division of Motor Vehicles of such failure to pay: Provided, That at the time the judgment is imposed, the court shall provide the person with written notice that failure to pay the same when ordered to do so shall result in the suspension of such person’s license or privilege to operate a motor vehicle in this state and that such suspension could result in the cancellation of, the failure to renew or the failure to issue an automobile insurance policy providing coverage for such person or such person’s family: Provided, however, That the failure of the court to provide such notice shall not affect the validity of any suspension of such person’s license or privilege to operate a motor vehicle in this state. For purposes of this section, such period of time within which the person is required to pay shall be stayed during any period an appeal from the conviction which resulted in the imposition of such costs, fines, forfeitures or penalties is pending.

Upon such notice, the Division of Motor Vehicles shall suspend the person’s driver’s license or privilege to operate a motor vehicle in this state until such time that the costs, fines, forfeitures or penalties are paid.

 

Driver's license suspension/impoundment All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 61-3-390 Agreement to suspend prosecution of a person accepted into the restitution program

(a) The prosecuting attorney may enter into an agreement with a participant of the worthless check restitution program to suspend prosecution for a period to be determined by the prosecuting

+ See more
attorney.
(b) To remain eligible for the worthless check restitution program, the participant shall:
(1) Contact a representative of the program before the date required by the notice sent pursuant to section thirty-nine-n [§ 61-3-39n] of this article;
(2) Agree to comply with all the program terms;
(3) Complete a class conducted by the prosecuting attorney, his or her designee, or a private entity under contract with the prosecuting attorney, which offers offender education and instruction;
(4) Pay a fee in the amount of ten dollars to be deposited in the “worthless check fund” established pursuant to the provisions of section thirty-nine-h [§ 61-3-39h] of this article;
(5) Pay the fee required to participate in the class;
(6) Pay full victim restitution; and
(7) Pay all fees for participation in the program, unless those fees are waived.
(c) The prosecuting attorney shall agree not to file criminal charges if the participant in the program completes the conditions of the agreement.

Condition or extension of supervision All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 62-12-10(a) Violation of probation

(a) If at any time during the period of probation there shall be reasonable cause to believe that the probationer has violated any of the conditions of his or her

+ See more
probation, the probation officer may arrest him or her with or without an order or warrant, or the court which placed him or her on probation, or the judge thereof in vacation, may issue an order for his or her arrest, whereupon he or she shall be brought before the court, or the judge thereof in vacation, for a prompt and summary hearing.

Incarceration All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 62-12-9(a)(5), (b)(1)-(3) Conditions of release on probation

(a) Release on probation is conditioned upon the following: (5) That the probationer pay a fee, not to exceed $20 per month, to defray costs of supervision: Provided, That the

+ See more
court conducts a hearing prior to imposition of probation and makes a determination on the record that the offender is able to pay the fee without undue hardship. All moneys collected as fees from probationers pursuant to this subdivision shall be deposited with the circuit clerk who shall, on a monthly basis, remit the moneys collected to the State Treasurer for deposit in the State General Revenue Fund; and
(b) In addition, the court may impose, subject to modification at any time, any other conditions which it may determine advisable, including, but not limited to, any of the following:
(1) That the probationer make restitution or reparation, in whole or in part, immediately or within the period of probation, to any party injured by the crime for which he or she has been convicted: Provided, That the court conducts a hearing prior to imposition of probation and makes a determination on the record that the offender is able to pay restitution without undue hardship;
(2) That the probationer pays any fine assessed and the costs of the proceeding in installments directed by the court: Provided, That the court conducts a hearing prior to imposition of probation and makes a determination on the record that the offender is able to pay the costs without undue hardship;
(3) That the probationer makes contributions from his or her earnings, in sums directed by the court, for the support of his or her dependents; and

Condition or extension of supervision, Wage/bank account garnishment All No
Ability to Pay
State Statute Description/Statute Name Statutory language Level of offense Definition of ability to pay Timeline Burden of proof Method of determination Mandatory Remedies if unable to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code §62-4-17(b) Suspension of licenses for failure to pay fines and costs or failure to appear in court

(b) Notwithstanding the provisions of this section to the contrary, the notice of the failure to pay such costs, fines, forfeitures or penalties shall not be given where the circuit court,

+ See more
upon application of the person upon whom the same were imposed filed prior to the expiration of the period within which the same are required to be paid, enters an order finding that such person is financially unable to pay all or a portion of the same: Provided, That where the circuit court, upon finding that the person is financially unable to pay the full amount thereof, requires the person to pay the remaining portion thereof, the circuit clerk shall notify the Division of Motor Vehicles of such person’s failure to pay the same if the same is not paid within the period of time ordered by such court.

All

Not provided for

At enforcement of fine or fee Not provided for Not provided for Yes

If payment for a lower amount, suspension of the driver's license is still possible to enforce payment of that lower amount. If no payment is required, no suspension will be ordered.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 61-3-39p(a) Crimes against the property - Fees for participation in the worthless check restitution program.

(a) The prosecuting attorney, his or her designee, or a private entity under contract with the prosecuting attorney may collect a fee not to exceed one hundred dollars from any person

+ See more
participating in the worthless check restitution program: Provided, That the prosecuting attorney shall waive the fee if he or she determines that the person is indigent and unable to pay the fee.

All

Indigent

Not provided for Not provided for Not provided for Yes

Waiver of the fee

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 61-11A-5(a) Restitution; procedure for issuing order

(a) The court, in determining whether to order restitution under this article, and in determining the amount of such restitution, shall consider the amount of the loss sustained by any

+ See more
victim as a result of the offense, the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant's dependents, and such factors as the court deems appropriate.

All

… shall consider … the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant's dependents

Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge without hearing Yes

No restitution or lower amount of restitution

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 29-21-16(g)(1)-(4) Determination of maximum income levels; eligibility guidelines; use of form affidavit; inquiry by court; denial of services; repayment; limitation on remedies against affiant

(g) In the circumstances and manner set forth below, circuit judges may order repayment to the state, through the office of the clerk of the circuit court having jurisdiction over the

+ See more
proceedings, of the costs of representation provided under this article:

(1) In every case in which services are provided to an indigent person and an adverse judgment has been rendered against such person, the court may require that person, and in juvenile cases, may require the juvenile’s parents or custodian, to pay as costs the compensation of appointed counsel, the expenses of the defense, and any other fees and costs authorized by statute;

(2) The court shall not order a person to pay costs unless the person is able to pay without undue hardship. In determining the amount and method of repayment of costs, the court shall take account of the financial resources of the person, the person’s ability to pay, and the nature of the burden that payment of costs will impose. The fact that the court initially determines, at the time of a case’s conclusion, that it is not proper to order the repayment of costs does not preclude the court from subsequently ordering repayment if the person’s financial circumstances change;

(3) When a person is ordered to repay costs, the court may order payment to be made immediately or within a specified period of time or in specified installments. If a person is sentenced to a term of imprisonment, an order for repayment of costs is not enforceable during the period of imprisonment unless the court expressly finds, at the time of sentencing, that the person has sufficient assets to pay the amounts ordered to be paid or finds there is a reasonable likelihood the person will acquire the necessary assets in the foreseeable future;

(4) A person who has been ordered to repay costs, and who is not in contumacious default in the payment thereof, may at any time petition the sentencing court for modification of the repayment order. If it appears to the satisfaction of the court that continued payment of the amount ordered will impose undue hardship on the person or the person’s dependents, the court may modify the method or amount of payment;

All

(2) The court shall not order a person to pay costs unless the person is able to pay without undue hardship. In determining the amount and method of repayment of

+ See more
costs, the court shall take account of the financial resources of the person, the person's ability to pay and the nature of the burden that payment of costs will impose. The fact that the court initially determines, at the time of a case's conclusion, that it is not proper to order the repayment of costs does not preclude the court from subsequently ordering repayment should the person's financial circumstances change.

Before imposition of fine or fee Not provided for Not provided for Yes

Court shall not order a person to pay costs; court may order payment to be made immediately or within a specified period of time or in specified installments; 

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 17C-5A-3(e) Safety and Treatment Program; reissuance of license

(e) (1) The program provider shall collect the established fee from each participant upon enrollment unless the division has determined that the participant is an indigent based upon criteria established pursuant to

+ See more
legislative rule authorized in this section. (2) If the division determined that a participant is an indigent based upon criteria established pursuant to the legislative rule authorized by this section, the department shall provide the applicant with proof of its determination regarding indigency, which proof the applicant shall present to the interlock provider as part of the application process provided in §17C-5A-3a of this code and/or the rules promulgated pursuant thereto.

All

Indigent - … shall consider … the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant's dependents

Before imposition of fine or fee Burden on defendant to show inability to pay Administrative decision No

Fee waiver

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 62-5-10(a) Mandatory cost assessed upon conviction of a felony

Every circuit court shall assess, in every felony criminal matter as a cost to the defendant, an assessment in the sum of seventy-five dollars for each felony count of conviction.

+ See more
The assessment referred to herein shall be paid upon adjudication of guilt unless the court determines that the defendant is unable to pay in such a manner in which case payment of the assessment shall be paid prior to final disposition. If the circuit court determines that a defendant is financially unable to pay the assessment prior to final disposition, payment of the assessment shall be a mandatory condition of probation or parole.

Felony

Not provided for

Before imposition of fine or fee Not provided for Not provided for Yes

No payment prior to final disposition, however, payment shall be a mandatory condition of parole or probation.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 62-11A-1a Other sentencing alternatives

(e) A person sentenced under the provisions of this section may be required to pay the costs of his or her incarceration, including meal costs: Provided, That the judge or

+ See more
magistrate considers the person's ability to pay the costs.

All

Not provided for

Before imposition of fine or fee Not provided for Determined by judge without hearing Yes

May not be required to pay the costs of his or her incarceration, including meal costs.

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 62-11B-5(7) Requirements for order for home incarceration

(7) A requirement that the offender pay a home incarceration fee set by the circuit court or magistrate. If a magistrate orders home incarceration for an offender, the magistrate shall follow

+ See more
a fee schedule established by the supervising circuit judge in setting the home incarceration fee. The magistrate or circuit judge shall consider the person’s ability to pay in determining the imposition and amount of the fee.

All

Not provided for

Before imposition of fine or fee Not provided for Determined by judge without hearing Yes

No fee or a lower fee

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 62-11C-7(a) Supervision or participation fee

A circuit judge, magistrate, municipal court judge or community criminal justice board may require the payment of a supervision or participation fee from any person required to be supervised by

+ See more
or participate in a community corrections program. The circuit judge, magistrate, municipal court judge or community criminal justice board shall consider the person's ability to pay in determining the imposition and amount of the fee.

All

Not provided for

Before imposition of fine or fee Not provided for Not provided for Yes

No fee or lower fee

BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 62-11C-4(b)-(c) Special revenue account

(b) In addition to the fee required in section nine [§ 62-12-9], article twelve of this chapter, a fee not to exceed $35 per month, unless modified by legislative rule as

+ See more
provided in section three [§ 62-11C-3] of this article, is also to be collected from those persons on probation. This fee is to be based upon the person’s ability to pay. The magistrate or circuit judge shall conduct a hearing prior to imposition of probation and make a determination on the record that the offender is able to pay the fee without undue hardship. The magistrate clerk, deputy magistrate clerk, magistrate assistant, circuit clerk or deputy circuit clerk shall collect all fees imposed pursuant to this subsection and deposit them in a separate account. Within ten calendar days following the beginning of the calendar month, the magistrate clerk or circuit clerk shall forward the amount deposited to the State Treasurer to be credited to the West Virginia Community Corrections Fund.

(c) In addition to the fee required in section five, article eleven-b of this chapter, a fee of $2.50 per day, unless modified by legislative rule as provided in section three of this article, is to be collected from those persons on home incarceration. The circuit judge, magistrate or municipal court judge shall consider the person's ability to pay in determining the imposition of the fee. The circuit clerk, magistrate clerk, municipal court clerk or his or her designee shall collect all fees imposed pursuant to this subsection and deposit them in a separate account. Within ten calendar days following the beginning of the calendar month, the circuit clerk, magistrate clerk or municipal court clerk shall forward the amount deposited to the State Treasurer to be credited to the West Virginia Community Corrections Fund.

All

Not provided for

Before imposition of fine or fee Not provided for Determined by judge without hearing Yes

No fee or lower fee

Transparency
State Statute Description/Statute Name Statutory language Type of obligation Actor
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 59-1-4 Fees collected by Secretary of State, Auditor and Clerk of Supreme Court of Appeals to be paid into State Treasury; accounts; reports

Except as otherwise provided by law, the fees to be charged by the Auditor, Secretary of State and Clerk of the Supreme Court of Appeals, by virtue of this article

+ See more
or any other law, are the property of the State of West Virginia. The Auditor, Secretary of State and Clerk of the Supreme Court of Appeals shall account for and pay into the State Treasury at least once every thirty days all fees collected or appearing to be due to the state, to the credit of the general state fund or other fund as provided by law. The Auditor, Secretary of State and Clerk of the Supreme Court of Appeals shall each keep a complete and accurate itemized account of all fees collected by them and the nature of the services rendered for which all fees were charged and collected, in accordance with generally accepted accounting principles, as provided in article two [§§ 5A-2-1 et seq.], chapter five-a of this code. All accounts shall be open to inspection and audit as provided in article two [§§ 4-2-1 et seq.], chapter four of this code.

Obligation to collect or record Clerk
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 59-1-19 Fee books of clerks

Every clerk of a court shall keep a fee book, wherein shall be entered the fees for every service performed by him, and the fact of such fees having been

+ See more
paid, or of a bill having been made out therefor, whichever shall happen first. The fee books of a clerk shall be submitted to the inspection of commissioners appointed to examine the clerk’s office.

Obligation to collect or record Clerk
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 59-1-25 Accounting for fees

Every sheriff or collector to whom such fee bills are so delivered shall, on or before the first day of July next after such delivery, account therefor with the officer

+ See more
entitled thereto by returning such as he may not have collected, with the indorsement thereon of the words “No property found,” and by paying to such officer or his legal successor the amount of all not so returned. If he fail so to do, judgment may be obtained, on motion, against such sheriff or collector, and his sureties, and his and their personal representatives, for the amount with which such sheriff or collector is chargeable, and damages thereon, not exceeding fifteen per cent per annum, from said first day of July until payment. Such judgment may be on motion in the circuit court of the county in which such sheriff or collector resides, and if the fees be due to the Clerk of the Supreme Court of Appeals, it may be in the circuit court of the county in which the seat of government may be. On such motion, any receipt for fees mentioned in the notice as signed by any person shall be deemed to be his signature unless an affidavit be filed denying it, and shall be prima facie evidence of the collection of all the fees mentioned therein, not returned as aforesaid.

Obligation to collect or record, Obligation to report/conduct analysis Law enforcement
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 59-1-30 Books of account to be kept by officers

Each of the officers named in the preceding section [§ 59-1-29] shall keep full and regular accounts, subject at all times to the examination of the county court [county commission], or

+ See more
tribunal in lieu thereof, the State Tax Commissioner or any individual, of all sums charged or collected by such officers on account of official fees, costs, percentages, penalties, commissions, allowances, compensation, income and all other perquisites of whatever kind, and such book of accounts shall be a part of the records of the respective offices herein named belonging to the county, and shall be transmitted by each county officer to his successor in office. The system of books and accounts to be kept by the officers herein named shall be prescribed by the State Tax Commissioner, ex officio inspector and supervisor of public offices.

Obligation to collect or record All
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 51-4-2 Inspection of records and papers; copies

The records and papers of every court shall be open to the inspection of any person, and the clerk shall, when required, furnish copies thereof, except in cases where it

+ See more
is otherwise specially provided.

Obligation to respond to public records requests Clerk
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 59-1-38 W. Va. Code § 59-1-38

Any county officer, as described in section thirty-seven of this article, who receives a fee, cost, percentage, penalty, commission, allowance, bond, deposit, surety or other cash payment or sum shall

+ See more
issue a receipt to the payor thereof, in duplicate, on a form approved by the chief inspector, in accordance with the provisions of article nine, chapter six of this code. The county officer shall issue the original of such receipt to the payor and shall retain the copy. The chief inspector shall prescribe the minimum information to be included on such receipt forms.

Obligation to collect or record Clerk
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 50-3-7(a) Records of magistrate court; reports

(a) Records of the judicial transactions of magistrate court shall be kept as required by the rules of the Supreme Court of Appeals. If, after judgment is rendered in a

+ See more
matter, no appeal is filed within the time allotted, the records of the proceedings shall be forwarded to the magistrate court clerk. The records shall be maintained by the magistrate court clerk in accordance with the rules of the Supreme Court of Appeals.
Records of the financial dealings of the magistrate court shall be kept as may be required by the rules of the State Auditor, who shall promulgate the rules only after consultation with the Supreme Court of Appeals.
The magistrate court shall prepare and submit the reports as may be required by the rules of the Supreme Court of Appeals or by the State Auditor.

Obligation to collect or record Clerk
Collections Infrastructure
State Statute Description/Statute Name Statutory language Who may collect
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 59-1-29 Collection of such fees

Each clerk of the county commission, sheriff, clerk of the circuit court and prosecuting attorney shall have charge of and collect the fees, costs, percentages, penalties, commissions, allowances, compensation, income

+ See more
and all other perquisites of whatever kind which are now or may hereafter be allowed by law. Whenever there remain due the county and unpaid, for a period of more than six months, any fees, costs, percentages, penalties, commissions, allowances, compensation, income or any other perquisites of any kind, it shall be the duty of the county commission, or other tribunal in lieu thereof, by the prosecuting attorney, to proceed to the collection thereof in the circuit court or magistrate court, upon motion whereof the defendant and the sureties on his bond shall have at least twenty days’ notice, or in any other manner provided for by law, and the amount so collected shall be paid into the county treasury to the credit of the general county fund.

Clerk, Court, District attorney, Law enforcement, Local jurisdiction, Municipal court, Prosecutor, State courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 62-4-8 Duties of prosecuting attorney in relation to fines

It shall be the duty of the prosecuting attorney of every county to institute and prosecute in the circuit court, or other court having jurisdiction thereof, as the case may

+ See more
be, proper proceedings for the recovery of all fines imposed by law, where the cases are cognizable in such court. He shall superintend the issuing of executions on judgments for fines rendered by such courts, and cause all delinquencies in relation to the service or return of such executions to be duly prosecuted. If judgment be rendered by the circuit or other court for a fine, whether with or without imprisonment, a docket fee of ten dollars for the prosecuting attorney’s services, but payable into the county treasury, shall be taxed in the costs against the offender.

Law enforcement, Prosecutor
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 62-4-4 Recovery of fines before justice [magistrate] or in court

 

Where a fine alone is imposed, if it be in a case mentioned in section one [§ 50-18-1, repealed], article eighteen, chapter fifty of this code, it may be recovered upon

+ See more
warrant of a justice [magistrate] having jurisdiction; and whether so mentioned or not, it may be recovered by presentment or indictment in the circuit court, or other court of record having jurisdiction in criminal cases, in the county wherein the offense was committed.

All courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 62-4-11 Fieri facias for collection of fines

On every judgment for a fine rendered by a circuit court, or other court of record having jurisdiction in criminal cases, if no special order be made by the court

+ See more
or judge, the clerk of the court shall issue a writ of fieri facias immediately after the term at which such judgment was rendered. And unless paid in court, a payment to any person other than the officer who holds the execution shall not discharge the judgment.

Law enforcement
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 50-3-6 Collection of costs and fines

On motion of the prosecuting attorney, the magistrate court may issue execution or employ other means of enforcing judgment to collect fines and costs imposed in proceedings before the court

+ See more
and tax the cost thereof as a part of the execution or other process. Such execution or other process shall be directed to the sheriff for collection. The sheriff shall collect the fees prescribed for his services from the party from whom the fine or costs are being collected. Money so collected shall be paid by the sheriff to the magistrate court and shall be paid by the magistrate court in the manner provided by law.

Law enforcement
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 59-1-21 Fee bills of county clerk.

The clerk of the county court may make out tickets for his fees and place them in the hands of the sheriff, or other officer, to be collected and accounted

+ See more
for in the same manner that the fees of the clerk of the circuit court are collected and accounted for. The clerk of the county court shall be subject to the same penalties as the clerk of the circuit court for issuing fee bills wrongfully.

Law enforcement
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 59-1-24 Collection of fees; receipt.

 

Every officer mentioned in this article shall, on or before the first day of July in any year, deliver fee bills for all fees then due and unpaid, duly signed,

+ See more
to any sheriff or collector of the public taxes, who shall receive and endeavor to collect the same. A sheriff or collector may distrain therefor, or for any fee bills due himself, such property of the person to whom the fees are charged as might be levied on under a writ of fieri facias against him, except as hereinafter mentioned, and the fourteenth [§ 11-9-14], fifteenth [§ 11-9-15] and sixteenth [§ 11-9-16] sections of article nine chapter eleven of this Code shall apply to such fee bills in like manner as to taxes. Every such officer shall deliver to each person who pays him, or from whose property he makes such fees, a receipt for all that is so paid or made.

Law enforcement
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 59-1-12 Payment of fines by credit card or payment plan

A circuit court may accept credit cards in payment of all fines, cost, forfeiture, restitution or penalties. The Supreme Court of Appeals shall adopt rules regarding the use of credit

+ See more
or check cards to pay fines, and any charges made by the credit card company may be paid from the gross credit card collections.

State courts
Revenue Flow
State Statute Description/Statute Name Statutory language Who receives the funding Other beneficiaries Level of offense
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 62-5-10 Mandatory cost assessed upon conviction of a felony

(a) Every circuit court shall assess, in every felony criminal matter as a cost to the defendant, an assessment in the sum of seventy-five dollars for each felony count of conviction

+ See more
. . . 

(b) The clerk of the circuit court wherein the assessment is imposed under the provisions of subsection (a) of this section shall, on or before the last day of each month, transmit all costs received pursuant to this section to the State Treasurer for deposit as follows: Fifty dollars to the credit of the Crime Victims Compensation Fund created by the provisions of section four [§ 14-2A-4], article two-a, chapter fourteen of this code and twenty-five dollars to the credit of the West Virginia Community Corrections Fund created by the provisions of section four [§ 62-11C-4], article eleven-c of this chapter.

State/statewide agency

Crime Victims Compensation Fund; West Virginia Community Corrections Fund

Felony
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 59-1-11(b)(7)-(8),(11), (d)-(f) Fees to be charged by clerk of circuit court

(b) In addition to the foregoing fees, the following fees shall be charged and collected: (7) For docketing and issuing an execution on a transcript of judgment from magistrate court, $3; (8) For

+ See more
arranging the papers in a certified question, writ of error, appeal, or removal to any other court, $10, of which $5 shall be deposited in the Courthouse Facilities Improvement Fund created by §29-26-6 of this code;(11) For administering funds deposited into a federally insured interest-bearing account or interest-bearing instrument pursuant to a court order, $50, to be collected from the party making the deposit. A fee collected pursuant to this subdivision shall be paid into the general county fund.

(d) The clerk shall tax the following fees for services in a criminal case against a defendant convicted in such court: (1) In the case of a misdemeanor, $85; and (2) In the case of a felony, $105, of which $10 shall be deposited in the Courthouse Facilities Improvement Fund created by §29-26-6 of this code.

(e) The clerk of a circuit court shall charge and collect a fee of $25 per bond for services rendered by the clerk for processing of criminal bonds and the fee shall be paid at the time of issuance by the person or entity set forth below:(1) For cash bonds, the fee shall be paid by the person tendering cash as bond; (2) For recognizance bonds secured by real estate, the fee shall be paid by the owner of the real estate serving as surety; (3) For recognizance bonds secured by a surety company, the fee shall be paid by the surety company; (4) For ten percent recognizance bonds with surety, the fee shall be paid by the person serving as surety; and (5) For ten percent recognizance bonds without surety, the fee shall be paid by the person tendering ten percent of the bail amount. In instances in which the total of the bond is posted by more than one bond instrument, the above fee shall be collected at the time of issuance of each bond instrument processed by the clerk and all fees collected pursuant to this subsection shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code. Nothing in this subsection authorizes the clerk to collect the above fee from any person for the processing of a personal recognizance bond.

(f) The clerk of a circuit court shall charge and collect a fee of $10 for services rendered by the clerk for processing of bail piece and the fee shall be paid by the surety at the time of issuance. All fees collected pursuant to this subsection shall be deposited in the Courthouse Facilities Improvement Fund created by §29-26-6 of this code.

State courts

Courthouse Facilities Improvement Fund; county.

All
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 59-1-11a Additional costs in certain criminal proceedings

(a) Except as provided in subsections (b) and (c) of this section, in each criminal case before a circuit court in which the defendant is convicted, whether by plea or at

+ See more
trial, under the provisions of section two [§ 17C-5-2], article five, chapter seventeen-c of this code or section eighteen-b [§ 20-7-18b], article seven, chapter twenty of this code, there shall be imposed, in addition to other costs, fines, forfeitures or penalties as may be allowed by law, costs in the amount of fifty-five dollars. For purposes of further defraying the cost to the county of enforcing the provisions of section two, article five, chapter seventeen-c of this code or section eighteen-b, article seven, chapter twenty of this code and related provisions, the clerk of the circuit court shall, on or before the tenth day of the month following the month in which the costs imposed in this section were collected, remit an amount equal to the amount from each of the criminal proceedings in which the costs specified in this subsection were collected to the sheriff of the county who shall deposit the same in the general revenue fund of the county.

(b) In each criminal case before a circuit court upon appeal from a magistrate court in which the defendant is convicted, whether by plea or at trial in the circuit court, under the provisions of section two, article five, chapter seventeen-c of this code or section eighteen-b, article seven, chapter twenty of this code, there shall be imposed, in addition to other costs, fines, forfeitures or penalties as may be allowed by law, costs in the amount of fifty-five dollars. For purposes of further defraying the cost to the county of enforcing the provisions of section two, article five, chapter seventeen-c of this code or section eighteen-b, article seven, chapter twenty of this code and related provisions, the clerk of the circuit court shall, on or before the tenth day of the month following the month in which the costs imposed in this section were collected, remit an amount equal to the amount from each of the criminal proceedings in which the costs specified in this subsection were collected to the sheriff of the county who shall deposit the same in the general revenue fund of the county. The provisions of this subsection shall not require payment of the costs imposed by this subsection to the circuit court where the costs have been paid in the magistrate court.

(c) In each criminal case before a circuit court upon appeal from a municipal proceeding in which the defendant is convicted, whether by plea or at trial in the circuit court, under the provisions of a municipal ordinance which has the same elements as an offense described in section two, article five, chapter seventeen-c of this code or section eighteen-b, article seven, chapter twenty of this code, there shall be imposed, in addition to other costs, fines, forfeitures or penalties as may be allowed by law, costs in the amount of fifty-five dollars. For purposes of further defraying the cost to the municipality of enforcing the provisions of the ordinance or ordinances described in this subsection and related provisions, the clerk of the circuit court shall, on or before the tenth day of the month following the month in which the costs imposed in this section were collected, remit an amount equal to the amount from each of the criminal proceedings in which the costs specified in this subsection were collected to the clerk of the municipal court or other person designated to receive fines and costs for the municipality from which the conviction was appealed who shall deposit these moneys in the general revenue fund of the municipality. The provisions of this subsection shall not require payment of the costs imposed by this subsection to the circuit court where the costs have been paid to the clerk of the municipal court or other person designated to receive fines and costs for the municipality.

County

Municipality/municipal agency

All
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 59-1-4
Fees, allowances and costs - fees and allowances - Fees collected by Secretary of State, Auditor and Clerk of Supreme Court of Appeals to be paid into State Treasury; accounts;
+ See more
reports.

 

Except as otherwise provided by law, the fees to be charged by the Auditor, Secretary of State and Clerk of the Supreme Court of Appeals, by virtue of this article

+ See more
or any other law, are the property of the State of West Virginia. The Auditor, Secretary of State and Clerk of the Supreme Court of Appeals shall account for and pay into the State Treasury at least once every thirty days all fees collected or appearing to be due to the state, to the credit of the general state fund or other fund as provided by law. The Auditor, Secretary of State and Clerk of the Supreme Court of Appeals shall each keep a complete and accurate itemized account of all fees collected by them and the nature of the services rendered for which all fees were charged and collected, in accordance with generally accepted accounting principles, as provided in article two [§§ 5A-2-1 et seq.], chapter five-a of this code. All accounts shall be open to inspection and audit as provided in article two [§§ 4-2-1 et seq.], chapter four of this code.

State/statewide agency N/A All
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 59-1-14(d) Fees to be charged by sheriffs

(d) Any amounts collected by the sheriff pursuant to this section shall be deposited in a separate account of the county general fund and used by the sheriff for the expenses

+ See more
of providing the services herein described: Provided, That two dollars of each fee collected pursuant to the provisions of subsection (a) of this section shall be deposited by the county commission in the “West Virginia Deputy Sheriff Retirement Fund” created in section six [§ 7-14D-6], article fourteen-d, chapter seven of this code and three dollars of each fee collected pursuant to the provisions of subsection (a) of this section shall be deposited by the county commission in the general revenue account of the county commission. Any surplus funds that remain in the separate account of the county general fund required by the provisions of this subsection on the last day of the fiscal year, and have not been expended for the purposes herein described, shall revert to the county general fund.

County N/A All
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 59-1-28 Use and disposition of fees of sheriffs, clerks and prosecuting attorneys

Except for the funds designated in section twenty-eight-a [§ 59-1-28a] of this article, all fees, costs, percentages, penalties, commissions, allowances, compensation, income and all other perquisites of whatever kind which by

+ See more
law may now or hereafter be collected or received as compensation for services by any clerk of the county commission, sheriff, clerk of the circuit court or of any court of limited jurisdiction and prosecuting attorney shall be collected and received by such officer for the sole use of the treasury of the county in which he is an officer, and shall be held as public moneys belonging to the county fund, and shall be accounted for and paid over as such in the manner hereinafter provided. Nothing in this article shall be construed to require any county officer to pay into the county treasury any fees earned prior to the twenty-first day of May, one thousand nine hundred fifteen. Fees are held to be earned at the time the service is rendered and not at the time the matter is finally adjudicated.

Notwithstanding any provision of law to the contrary, all fees collected by a sheriff for service of all manner of process from magistrate court, in addition to such other funds as may be provided by the county commissions, shall be dedicated by the county commission to the office of sheriff for providing bailiff and service of process services for magistrate court.

County

Magistrate courts

All
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 59-1-28a(e)-(g) Disposition of filing fees in civil actions and fees for services in criminal cases

(e) Of every fee for service received in any criminal case against any respondent convicted in circuit court, the clerk of each circuit court shall, at the end of each month,

+ See more
pay into the Regional Jail and Correctional Facility Authority Fund in the State Treasury an amount equal to $40, into the Court Security Fund in the State Treasury established pursuant to the provisions of §51-3-14 of this code an amount equal to $5, and into the Regional Jail Operations Partial Reimbursement Fund established pursuant to the provisions of §31-20-10b of this code an amount equal to $30.

(g) The clerk of the circuit court shall, at the end of each month, pay into the Courthouse Facilities Improvement Fund created by §29-26-6 of this code those amounts received by the clerk which are dedicated for deposit in the fund.

(h) The clerk of each circuit court shall, at the end of each month, pay into the Regional Jail Operations Partial Reimbursement Fund established in the State Treasury pursuant to the provisions of §31-20-10b of this code those amounts received by the clerk which are dedicated for deposit in the fund.

State/statewide agency

Regional Jail and Correctional Facility Authority Fund in the State Treasury (40), Court Security Fund in the State Treasury (5), Regional Jail Operations Partial Reimbursement Fund (30).

All
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 62-12-17 Conditions of release on probation and parole

(b) The Commissioner of Corrections shall keep a record of all actions taken and account for moneys received. All moneys shall be deposited in a special account in the State Treasury

+ See more
to be known as the Parolee's Supervision Fee Fund. Expenditures from the fund shall be for the purposes of providing the parole supervision required by the provisions of this code and are not authorized from collections, but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three [§§ 12-3-1 et seq.], chapter twelve of this code and upon the fulfillment of the provisions set forth in article two [§§ 5A-2-1 et seq.], chapter five-a of this code. Amounts collected which are found, from time to time, to exceed the funds needed for purposes set forth in this article may be transferred to other accounts or funds and redesignated for other purposes by appropriation of the Legislature.

State/statewide agency

Parolee's Supervision Fee Fund

All
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 62-4-1 Fines to accrue to State for support of free schools, unless otherwise provided

Unless otherwise expressly provided, or manifestly inconsistent with the intention of the Legislature, every fine or forfeiture imposed by or under an act of the Legislature shall be and accrue

+ See more
to the state for the support of the free schools, and shall be applied to such purpose pursuant to the fifth section of article XII of the constitution.

State/statewide agency

NA

All
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 61-8-19 Cruelty to animals; penalties; exclusions

(d) Any person convicted of a violation of this section forfeits his or her interest in any animal and all interest in the animal vests in the humane society or

+ See more
county pound of the county in which the conviction was rendered and the person is, in addition to any fine imposed, liable for any costs incurred or to be incurred by the humane society or county pound as a result.

County

Humane society

All
Court Rules
State Citation Description/Statute Name Language from the rule When does the rule apply?
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. R. Crim. P. 17(b) Subpoena - ability to pay
Subpoena - Defendants unable to pay. — The court shall order at any time that a subpoena be issued for service on a named witness upon an ex parte application
+ See more
of a defendant upon a satisfactory showing that the defendant is financially unable to pay the fees of the witness and that the presence of the witness is necessary to an adequate defense. If the court orders the subpoena to be issued, the costs incurred by the process and the fees of the witness so subpoenaed shall be paid in the same manner in which similar costs and fees are paid in case of a witness subpoenaed in behalf of the state.
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. R. Civ. P. 77(e) Waiver of fees
Filing of affidavit of indigence. — A person seeking waiver of fees, costs, or security, pursuant to Chapter 59, Article 2, Section 1 [§ 59-2-1] of the Code of West Virginia,
+ See more
shall execute before the clerk or a deputy an affidavit prescribed by the chief justice of the Supreme of Court of Appeals, which shall be kept confidential in divorce and domestic violence proceedings.
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. R. Crim. P. 32(c)5 Right to Appeal
Notification of right to appeal. — After imposing sentence in a case which has gone to trial on a plea of not guilty, the court must advise the defendant of the
+ See more
right to appeal. After imposing sentence in any case, the court must advise the defendant of any right to appeal the sentence, and of the right of a person who is unable to pay the cost of an appeal to apply for leave to appeal in forma pauperis. If the defendant so requests, the clerk of the court shall prepare and file forthwith a notice of intent to appeal on behalf of the defendant.
Ability to pay
Structure of Courts
State Statute Description/Statute Name Statutory language Court/legal body Function
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Const. art. VIII, § 2 Supreme court of appeals

The supreme court of appeals shall consist of five justices. A majority of the justices of the court shall constitute a quorum for the transaction of business.

The justices shall be

+ See more
elected by the voters of the State for a term of twelve years, unless sooner removed or retired as authorized in this article. The legislature may prescribe by law whether the election of such justices is to be on a partisan or nonpartisan basis.

Provision shall be made by rules of the supreme court of appeals for the selection of a member of the court to serve as chief justice thereof. If the chief justice is temporarily disqualified or unable to serve, one of the justices of the court designated in accordance with the rules of the court shall serve temporarily in his stead.

When any justice is temporarily disqualified or unable to serve, the chief justice may assign a judge of a circuit court or of an intermediate appellate court to serve from time to time in his stead.

Creation of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Const. art. VIII, § 1 Judicial power

The judicial power of the State shall be vested solely in a supreme court of appeals and in the circuit courts, and in such intermediate appellate courts and magistrate courts

+ See more
as shall be hereafter established by the legislature, and in the justices, judges and magistrates of such courts.

Creation of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Const. art. VIII, § 3 Supreme court of appeals; Jurisdiction and powers; officers and employees; terms.

The supreme court of appeals shall have original jurisdiction of proceedings in habeas corpus, mandamus, prohibition and certiorari.

The court shall have appellate jurisdiction in civil cases at law where the

+ See more
matter in controversy, exclusive of interest and costs, is of greater value or amount than three hundred dollars unless such value or amount is increased by the legislature; in civil cases in equity; in controversies concerning the title or boundaries of land; in proceedings in quo warranto, habeas corpus, mandamus, prohibition and certiorari; and in cases involving personal freedom or the constitutionality of a law. It shall have appellate jurisdiction in criminal cases, where there has been a conviction for a felony or misdemeanor in a circuit court, and such appellate jurisdiction as may be conferred upon it by law where there has been such a conviction in any other court. In criminal proceedings relating to the public revenue, the right of appeal shall belong to the State as well as to the defendant. It shall have such other appellate jurisdiction, in both civil and criminal cases, as may be prescribed by law.

The court shall have power to promulgate rules for all cases and proceedings, civil and criminal, for all of the courts of the State relating to writs, warrants, process, practice and procedure, which shall have the force and effect of law.

The court shall have general supervisory control over all intermediate appellate courts, circuit courts and magistrate courts. The chief justice shall be the administrative head of all the courts. He may assign a judge from one intermediate appellate court to another, from one circuit court to another, or from one magistrate court to another, for temporary service. The court shall appoint an administrative director to serve at its pleasure at a salary to be fixed by the court. The administrative director shall, under the direction of the chief justice, prepare and submit a budget for the court.

Jurisdiction of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Const. art. VIII, § 5 Circuit courts

The judge or judges of each circuit court shall be elected by the voters of the circuit for a term of eight years, unless sooner removed or retired as authorized

+ See more
in this article. The legislature may prescribe by law whether the election of such judges is to be on a partisan or nonpartisan basis. Upon the effective date of this article, each statutory court of record of limited jurisdiction existing in the State immediately prior to such effective date shall become part of the circuit court for the circuit in which it presently exists, and each such judge of such statutory court of record of limited jurisdiction shall thereupon become a judge of such circuit court. During his continuance in office, a judge of a circuit court shall reside in the circuit of which he is a judge.

The legislature may increase, or other than during term of office decrease, the number of circuit judges within any circuit. The judicial circuits in existence on the effective date of this article shall remain as so constituted until changed by law, and the legislature, at any session thereof held in the odd-numbered year next preceding the time for the full term election of the judges thereof, may rearrange the circuits and may increase or diminish the number of circuits. A judge of a circuit court in office at the time of any such change shall continue as a judge of the circuit in which he shall continue to reside after such change until his term shall expire, unless sooner removed or retired as authorized in this article.

There shall be at least one judge for each circuit court and as many more as may be necessary to transact the business of such court. If there be two or more judges of a circuit court, provision shall be made by rules of such circuit court for the selection of one of such judges to serve as chief judge thereof. If the chief judge is temporarily disqualified or unable to serve, one of the judges of the circuit court designated in accordance with the rules of such court shall serve temporarily in his stead.

The supreme court of appeals shall provide for dividing the business of those circuits in which there shall be more than one judge between the judges thereof so as to promote and secure the convenient and expeditious transaction of such business.

In every county in the State the circuit court for such county shall sit at least three times in each year. The supreme court of appeals shall designate the times at which each circuit court shall sit, but until this action is taken by the supreme court of appeals, each circuit court shall sit at the times prescribed by law. If there be two or more judges of a circuit court, such judges may hold court in the same county or in different counties within the circuit at the same time or at different times.

Creation of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Const. art. VIII, § 6 Circuit Court; Jurisdiction, Authority and Power

Circuit courts shall have control of all proceedings before magistrate courts by mandamus, prohibition and certiorari.

Circuit courts shall have original and general jurisdiction of all civil cases at law where

+ See more
the value or amount in controversy, exclusive of interest and costs, exceeds one hundred dollars unless such value or amount is increased by the legislature; of all civil cases in equity; of proceedings in habeas corpus, mandamus, quo warranto, prohibition and certiorari; and of all crimes and misdemeanors. On and after January one, one thousand nine hundred seventy-six, the legislature may provide that all matters of probate, the appointment and qualification of personal representatives, guardians, committees and curators, and the settlements of their accounts, shall be vested exclusively in circuit courts or their officers, but until such time as the legislature provides otherwise, jurisdiction in such matters shall remain in the county commissions or tribunals existing in lieu thereof or the officers of such county commissions or tribunals.

Circuit courts shall have appellate jurisdiction in all cases, civil and criminal, where an appeal, writ of error or supersedeas is allowed by law to the judgment or proceedings of any magistrate court, unless such jurisdiction is conferred by law exclusively upon an intermediate appellate court or the supreme court of appeals.

Circuit courts shall also have such other jurisdiction, authority or power, original or appellate or concurrent, as may be prescribed by law.

Subject to the approval of the supreme court of appeals, each circuit court shall have the authority and power to establish local rules to govern the court.

Subject to the supervisory control of the supreme court of appeals, each circuit court shall have general supervisory control over all magistrate courts in the circuit. Under the direction of the chief justice of the supreme court of appeals, the judge of the circuit court, or the chief judge thereof if there be more than one judge of the circuit court, shall be the administrative head of the circuit court and all magistrate courts in the circuit.

Jurisdiction of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Const. art. VIII, § 11 Municipal courts

The legislature may provide for the establishment in incorporated cities, towns or villages of municipal, police or mayors’ courts, and may also provide the manner of selection of the judges

+ See more
of such courts. Such courts shall have jurisdiction to enforce municipal ordinances, with the right of appeal as prescribed by law. Until otherwise provided by law, all such courts heretofore established shall remain and continue as now constituted, and with the same right of appeal, insofar as their jurisdiction to enforce municipal ordinances is concerned; but on and after January one, one thousand nine hundred seventy-seven, any other jurisdiction now exercised by such courts shall cease. No judge of a municipal, police or mayor’s court or any officer thereof shall be compensated for his services on a fee basis or receive to his own use for his services any pecuniary compensation, reward or benefit other than the salary prescribed therefor.

Creation of the courts, Jurisdiction of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 51-2-2 Circuit courts; Circuit judges - Jurisdiction

(a) The circuit court shall have supervision and control of all proceedings before magistrates, by mandamus, prohibition and certiorari.

(b) Except in cases confined exclusively by the Constitution to some other tribunal, the

+ See more
circuit court shall have original and general jurisdiction of all matters at law where the amount in controversy, excluding interest, exceeds $7,500: Provided, That the jurisdictional limit on amounts in controversy does not apply to real estate installment sales contracts.

(c) The circuit court shall have original and general jurisdiction in all of the following matters: (1) Habeas corpus; (2) Mandamus; (3) Quo warranto; (4) Prohibition; (5) Crimes; and (6) Misdemeanors.

(d) The circuit court shall have original and general jurisdiction in all cases in equity, including jurisdiction in equity to remove any cloud on the title to real property, or any part of a cloud, or any estate, right or interest in the real property, and to determine questions of title with respect to the real property without requiring allegations or proof of actual possession of the real property.

(e) The circuit court shall have appellate jurisdiction in all cases, civil and criminal, where an appeal, writ of error or supersedeas may be allowed to the judgment or proceedings of any inferior tribunal.

(f) The circuit court shall also have any other jurisdiction, whether supervisory, original, appellate or concurrent, as is or may be prescribed by law.

Jurisdiction of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 51-1-3 Supreme Court of Appeals - Jurisdiction

The Supreme Court of Appeals shall have original jurisdiction in cases of habeas corpus, mandamus and prohibition. It shall have appellate jurisdiction in civil cases where the matter in controversy,

+ See more
exclusive of costs, is of greater value or amount than one hundred dollars; in controversies concerning the title or boundaries of land, the probate of wills, the appointment or qualification of a personal representative, guardian, committee or curator, or concerning a mill, road, way, ferry or landing, or the right of a corporation or county to levy tolls or taxes; in cases of quo warranto, habeas corpus, mandamus, certiorari and prohibition, and in cases involving freedom or the constitutionality of a law. It shall have appellate jurisdiction in criminal cases where there has been a conviction for felony or misdemeanor in a circuit court, and where a conviction has been had in any inferior court and been affirmed in a circuit court, and in cases relating to the public revenue, the right of appeal shall belong to the State, as well as the defendant, and such other appellate jurisdiction, in both civil and criminal cases, as may be prescribed by law.

Jurisdiction of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Const. art. VIII, § 10 Magistrate courts

The legislature shall establish in each county a magistrate court or courts with the right of appeal as prescribed by law. Such courts shall be courts of record if so

+ See more
prescribed by law.

The legislature shall determine the qualifications and the number of magistrates for each such court to be elected by the voters of the county, and the legislature may prescribe by law whether the election of such magistrates is to be on a partisan or nonpartisan basis: Provided, that any person in office as a justice of the peace of this State on the effective date of this article and who has served as a justice of the peace of this State for at least one year prior to such effective date shall, insofar as any qualifications established by the legislature for the office of magistrate are concerned and notwithstanding the same, be deemed qualified for life to run for election as a magistrate of any such court: And provided further, that the legislature shall not have the power to require that a magistrate be a person licensed to practice the profession of law, nor shall any justice or judge of any higher court establish any rules which by their nature would dictate or mandate that a magistrate be a person licensed to practice the profession of law. The magistrates of such courts shall hold their offices for the term of four years unless sooner removed or retired as authorized in this article. The legislature shall also determine the number of officers to be selected for each such court and the manner of their selection. During his continuance in office a magistrate or officer of such a court shall reside in the county for which he is elected or selected. The legislature shall prescribe by law for the filling of any vacancy in the office of a magistrate or officer of such court.

The jurisdiction of a magistrate court shall extend throughout the county for which it is established, shall be uniform for all counties of the State and shall be subject to such regulations as to venue of actions and the counties in which process may be executed or served on parties or witnesses as may be prescribed by law. The times and places for holding such courts shall be designated or determined in such manner as shall be prescribed by law.

Magistrate courts shall have such original jurisdiction in criminal matters as may be prescribed by law, but no person shall be convicted or sentenced for a felony in such courts. In criminal cases, the procedure may be by information or warrant of arrest, without presentment or indictment by a grand jury. Such courts shall have original jurisdiction in all civil cases at law wherein the value or amount in controversy, exclusive of interest and costs, shall not exceed fifteen hundred dollars, unless such amount and value shall be increased by the legislature, except such civil matters as may be excluded from their jurisdiction by law; and, to the extent provided by law, in proceedings involving real estate when the title thereto is not in controversy. No judgment of a magistrate in any proceeding involving real estate or any right pertaining thereto shall bar the title of any party or any remedy therefor . . . 

Creation of the courts, Jurisdiction of the courts
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 50-1-1 Magistrate court created

There is hereby created in each county of this state a magistrate court with such numbers of magistrates for each court as are hereafter provided. There shall be elected by

+ See more
the voters of each county, at the general election to be held in 1976, and in every fourth year thereafter, such number of magistrates as is provided in section two [§ 50-1-2] of this article. The filing fee for the office of magistrate shall be one percent of the annual salary. The term of magistrates shall be for four years and shall begin on January 1, of the year following the year of election.

Effective with the primary election of 2016, all elections for magistrates will be on a nonpartisan basis by division. Beginning in 2016, there will no longer be primary elections held for magistrates and all elections for magistrates are to be held in the nonpartisan judicial election as set forth in article five [§§ 3-5-1 et seq.], chapter three of this code. All indications of party identification on election ballots for magistrate shall be omitted.

Creation of the courts
Case Law
State Citation Question Brief Answer Language from the opinion When does the case apply?
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia State v. Murrell, 201 W. Va. 648, 649–50, 499 S.E.2d 870, 871–72 (1997).
Syl. Pt. 1, State v. Haught, 179 W.Va. 557, 371 S.E.2d 54 (1988).
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof,
+ See more
the sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
(1) While there is no prohibition against the imposition of the maximum penalty prescribed by law, indigent defendants may not be incarcerated solely because of their inability to pay court-ordered
+ See more
fines or costs. (2) The court may impose of a statutory fine without determination of ability to pay, but before a trial court conditions its recommendation for a defendant's parole upon the defendant's payment of statutory fines, costs and attorney's fees, the trial court must consider the financial resources of the defendant, the defendant's ability to pay and the nature of the burden that the payment of such costs will impose upon the defendant.
"An individual is not excused from the imposition of the maximum sentence allowed under a statute simply because he is indigent, even if that sentence includes the imposition of fines
+ See more
pursuant to statute. Consistent with the principles of Williams v. Illinois, 399 U.S. 235, 90 S.Ct. 2018, 26 L.Ed.2d 586 (1970), and *650 **872 Bearden v. Georgia, 461 U.S. 660, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983), however, while there is no prohibition against the imposition of the maximum penalty prescribed by law, indigent defendants may not be incarcerated solely because of their inability to pay court-ordered fines or costs." State v. Murrell, 201 W. Va. 648, 649–50, 499 S.E.2d 870, 871–72 (1997).
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Const. art. VIII, § 3 Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? No. West Virginia's Constitution allows the Court of Appeals to impose binding state-wide rules.
“The court shall have power to promulgate rules for all cases and proceedings, civil and criminal, for all of the courts of the State relating to writs, warrants, process, practice
+ See more
and procedure, which shall have the force and effect of law.”
Enforcement
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia See generally §59-1-1 to §59-1-39. W. Va. Code §59-1-14.
Under state constitutional or statutory law, under what circumstances will the imposition or enforcement of fees or fines create conflicts of interest for courts, police departments, probation departments, or other
+ See more
law enforcement agencies?
The Court, Clerk of Court, Sheriff and Probation Dept can collect fines. Most fines and fees go into the general revenue fund (either state or county), but the West
+ See more
Virginia Deputy Sheriff Retirement Fundt fund receives a small amount from certain collections (see §59-1-14).
Revenue flow
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 29-21-16 Are there limits to the state’s ability to recoup fees for counsel under the state constitution?
No, not under the state constitution. However, state statutory law provides that "court shall not order a person to pay costs unless the person is able to pay without
+ See more
undue hardship."
(g) In the circumstances and manner set forth below, circuit judges may order repayment to the state, through the office of the clerk of the circuit court having jurisdiction over
+ See more
the proceedings, of the costs of representation provided under this article:(1) In every case in which services are provided to an indigent person and an adverse judgment has been rendered against such person, the court may require that person, and in juvenile cases, may require the juvenile's parents or custodian, to pay as costs the compensation of appointed counsel, the expenses of the defense and such other fees and costs as authorized by statute. (2) The court shall not order a person to pay costs unless the person is able to pay without undue hardship. In determining the amount and method of repayment of costs, the court shall take account of the financial resources of the person, the person's ability to pay and the nature of the burden that payment of costs will impose. The fact that the court initially determines, at the time of a case's conclusion, that it is not proper to order the repayment of costs does not preclude the court from subsequently ordering repayment should the person's financial circumstances change. (3) When a person is ordered to repay costs, the court may order payment to be made forthwith or within a specified period of time or in specified installments. If a person is sentenced to a term of imprisonment, an order for repayment of costs is not enforceable during the period of imprisonment unless the court expressly finds, at the time of sentencing, that the person has sufficient assets to pay the amounts ordered to be paid or finds there is a reasonable likelihood the person will acquire the necessary assets in the foreseeable future. (4) A person who has been ordered to repay costs, and who is not in contumacious default in the payment thereof, may at any time petition the sentencing court for modification of the repayment order. If it appears to the satisfaction of the court that continued payment of the amount ordered will impose undue hardship on the person or the person's dependents, the court may modify the method or amount of payment. (5) When a person ordered to pay costs is also placed on probation or imposition or execution of sentence is suspended, the court may make the repayment of costs a condition of probation or suspension of sentence.
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia State v. Stamm, 222 W. Va. 276, 281, 664 S.E.2d 161, 166 (2008) Other applicable case law In criminal failure to pay support cases, burden of reasonable ability to pay remains with the state.
"Accordingly, we now hold that, insofar as W. Va. Code § 61-5-29(3) (1999) (Repl. Vol. 2005) shifts to a defendant the burden of disproving a material element of the State's
+ See more
case [here, defendant's reasonable ability to provide was an element in 61-5-29(2), but reasonable ability to provide was also an affirmative defense in 61-5-29(3)], in violation of the due process clauses found in Article III, Section 10, of the Constitution of West Virginia, and the Fourteenth Amendment to the United States Constitution, that individual provision, severed from the remainder of W. Va. Code § 61-5-29, is unconstitutional and unenforceable."
Attorney General Opinions
State Citation Description/Statute Name Question Brief answer Language from the opinion When does the case apply?
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code §48-1-304 W.V. Code
Are the same procedural protections that are required in criminal proceedings required in civil collection/contempt proceedings arising from criminal justice debt when those proceedings may result in incarceration? What if
+ See more
the proceedings may only result in additional fines or non-incarceration penalties?
In the case of a charge of contempt based upon the failure of the defendant to pay alimony, child support or separate maintenance, if the court or jury finds that
+ See more
the defendant did not pay because he was financially unable to pay, the defendant may not be imprisoned on charges of contempt of court.
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia
(1) State v. Stamm, 222 W. Va. 276, 278, 664 S.E.2d 161, 163 (2008) (2) State ex rel. Zirkle v. Fox, 203 W. Va. 668, 669, 510 S.E.2d 502, 503 (1998) (3)
+ See more
W. Va. Code Ann. § 61-11A-5
Case Law / W.V. Code Who has the burden of proof in an ability to pay determination? What is the standard of proof required?
(1) In criminal failure to meet obligation to minor (W. Va. Code § 61-5-29), the State has the burden of proof and the standard is beyond a reasonable doubt. (2)However,
+ See more
in civil contempt cases, if contemnor alleges financial inability to pay, he bears the burden of proving such inability to comply with a court mandate in order to avoid imprisonment. (3)Finally, in restitution determinations, the burden is on the defendant and the standard is a preponderance of the evidence.
Where a contemnor alleges financial inability to pay in a civil contempt proceeding, he bears the burden of proving such inability to comply with a court mandate in order to
+ See more
avoid imprisonment.
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia (1)State v. Murrell, 201 W.Va. 648, 499 S.E.2d 870 (1997)(2) W. Va. Code §50-3-2. Case Law Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees?
No. Ability to pay does not have to be considered when imposing fines or fees; certain fines and fees are required by law to be imposed (see, e.g., W. Va.
+ See more
Code §50-3-2.)
“An individual is not excused from the imposition of the maximum sentence allowed under a statute simply because he is indigent, even if that sentence includes the imposition of fines
+ See more
pursuant to statute.”
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code §8-10-1, 2; W. Va. Code § 62-4-16. W.V. Code What authority do county or municipal courts have to set fines or fees?
Municipal courts have power to impose fines, penalties and cost when not otherwise provided by charter provision or general law. However, municipal judges may substitute community service in lieu of
+ See more
sentence of incarceration or imposition of fine.
Fines and fees
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Const. art. VIII, § 3 State Constitution What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines? West Virginia's Constitution allows the Court of Appeals to impose binding state-wide rules. No on point Attorney General Opinion.
“The court shall have power to promulgate rules for all cases and proceedings, civil and criminal, for all of the courts of the State relating to writs, warrants, process, practice
+ See more
and procedure, which shall have the force and effect of law.”
Enforcement
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 7-8-14(c) W.V. Code Other applicable opinions
“A defendant who has been sentenced to pay costs and who is not in willful default in the payment of the costs may at any time petition the sentencing court
+ See more
for remission of the payment of costs or of any unpaid portion of the costs. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's family or dependents, the court may excuse payment of all or part of the amount due in costs, or modify the method of payment.”