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56 Results
State | Statute | Description/Statute Name | Statutory language | Amount | Level of offense | Mandatory | Imposed by | Delegation of authority | |
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West Virginia | W. Va. Code §61-3-39g. | Complaint; notice of complaint; issuance of warrant |
Upon receipt of a complaint for a misdemeanor warrant unaccompanied by proof that notice was sent by the payee or holder, the magistrate court shall immediately prepare and mail to + See morethe drawer of the check, draft or order a notice in form substantially as follows. The magistrate court shall impose any service charge reflected in the complaint as having been imposed on the payee or holder by the payee's or holder's bank or financial institution in connection with the check, draft or order and additional court costs in the amount of twenty-five dollars. This notice shall be mailed to the drawer by United States mail, first class and postpaid, at the address provided at the time of presenting the check, draft or order. Service of this notice is complete upon mailing.
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$25 | All | Yes | Court | no |
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West Virginia | W. Va. Code §61-3-39o. | 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 moreattorney.(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 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 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.
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$10 | All | No | Court | no |
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West Virginia | W. Va. Code §61-3-39p. | Agreement to suspend prosecution of a person accepted into the restitution program - 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 + See moreperson 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.
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$0 - $100 | All | No | Prosecutor | The prosecuting attorney, his or her designee, or a private entity under contract with the prosecuting attorney |
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West Virginia | W. Va. Code §61-9-9. | Equitable remedies in aid of chastity, morality and decency - Permanent injunction; tax imposed on property. |
Whenever a permanent injunction is granted against any person or persons for maintaining a nuisance as in this article defined, there shall be imposed upon such nuisance and against the + See moreperson or persons maintaining the same a tax of three hundred dollars: Provided, however, That such tax may not be imposed upon the personal property or against the owner or owners thereof who have proven innocence as hereinbefore provided, or upon the real property or against the owner or owners thereof who shall show to the satisfaction of the court or judge thereof, at the time of the granting of the permanent injunction, that he or they have in good faith permanently abated the nuisance complained of. The imposition of such tax shall be made by the court as a part of the proceedings, and the clerk of such court shall make and certify a return of the imposition of such tax thereon to the county assessor, who shall enter the same as a tax upon the property and against the persons upon which or whom the lien was imposed, as a proper tax and charge upon such real or personal property, when making up his assessments for the next ensuing year, unless the same shall have been paid before such books are made up; and the same shall be and remain a perpetual lien upon all property, both real and personal, used for the purposes of maintaining such nuisance, except as herein excepted, until fully paid. The payment of such tax shall not relieve the persons or property from any other taxes provided by law. The provisions of the laws relating to the collection of taxes in this state, the delinquency thereof, and sale of property for taxes, shall govern in the collection of the tax herein prescribed insofar as the same are applicable; and the said tax collected shall be applied in payment of any deficiency in the costs of the action and abatement on behalf of the state to the extent of such deficiency after the application thereto of the proceeds of the sale of the personal property as hereinbefore provided, and the remainder of such tax, together with the unexpended portion of the proceeds of personal property, shall be paid into the county treasury.
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$300 | All | Yes | Court | no |
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West Virginia | W. Va. Code §61-11-26. | General provisions concerning crimes - Expungement of certain criminal convictions; procedures; effect. |
(a) Any person convicted of a misdemeanor offense or offenses arising from the same transaction committed while he or she was between the ages of eighteen and twenty-six, inclusive, may, + See morepursuant to the provisions of this section, petition the circuit court in which the conviction or convictions occurred for expungement of the conviction or convictions and the records associated therewith. The clerk of the circuit court shall charge and collect in advance the same fee as is charged for instituting a civil action pursuant to subdivision (1), subsection (a), section eleven, article one, chapter fifty-nine of this code for a petition for expungement.
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$200 | Misdemeanor | Yes | Clerk | no |
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West Virginia | W. Va. Code §17C-5-10. | Traffic Regulations and laws of the road - Serious traffic offenses - Fee for withdrawing blood sample and making urine test |
A reasonable fee shall be allowed to the person withdrawing a blood sample or administering a urine test at the request and direction of a law-enforcement officer in accordance with + See morethe provisions of this article. If the person whose blood sample was withdrawn or whose urine was tested was arrested and charged with a violation of section two of this article, the county having venue of such charge shall pay said fee, and if said person is subsequently convicted of such charge, such fee shall be taxed as a part of the costs of the criminal proceeding and shall be paid, notwithstanding any other provision of this code to the contrary, into the general fund of said county. If the person whose blood sample was withdrawn or whose urine was tested was arrested and charged with a violation of a similar ordinance of any municipality, said municipality shall pay said fee, and if said person is subsequently convicted of such charge, such fee shall be taxed as a part of the costs of the criminal proceeding and shall be paid, notwithstanding any other provision of this code to the contrary, into the general fund of said municipality.
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A reasonable fee shall be allowed to the person withdrawing a blood sample or administering a urine test
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All | Yes | Court | no |
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West Virginia | W. Va. Code §17C-5-10. | Traffic Regulations and laws of the road - Serious traffic offenses - Fee for withdrawing blood sample and making urine test; payment of fees. |
A reasonable fee shall be allowed to the person withdrawing a blood sample or administering a urine test at the request and direction of a law-enforcement officer in accordance with + See morethe provisions of this article. If the person whose blood sample was withdrawn or whose urine was tested was arrested and charged with a violation of section two of this article, the county having venue of such charge shall pay said fee, and if said person is subsequently convicted of such charge, such fee shall be taxed as a part of the costs of the criminal proceeding and shall be paid, notwithstanding any other provision of this code to the contrary, into the general fund of said county. If the person whose blood sample was withdrawn or whose urine was tested was arrested and charged with a violation of a similar ordinance of any municipality, said municipality shall pay said fee, and if said person is subsequently convicted of such charge, such fee shall be taxed as a part of the costs of the criminal proceeding and shall be paid, notwithstanding any other provision of this code to the contrary, into the general fund of said municipality.
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A reasonable fee shall be allowed to the person withdrawing a blood sample or administering a urine test
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All | Yes | Court | no |
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West Virginia | W. Va. Code §17C-5A-2a. |
Traffic Regulations and laws of the road - Administrative procedures for suspension and revocation of licenses for driving under the influence of alcohol, controlled substances or drugs - Assessment of + See morecosts
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The Division of Motor Vehicles is hereby authorized and required to assess witness costs at the same rate as witness fees in circuit court and a docket fee of ten + See moredollars for each hearing request against any person filing a request for a hearing under section two of this article who fails to appear, fails to have said order rescinded or fails to have said order modified to a lesser period of revocation.
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witness costs
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All | Yes | Department of Motor Vehicles | no |
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West Virginia | W. Va. Code §17C-5A-2a. |
Traffic Regulations and laws of the road - Administrative procedures for suspension and revocation of licenses for driving under the influence of alcohol, controlled substances or drugs - Assessment of + See morecosts
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The Division of Motor Vehicles is hereby authorized and required to assess witness costs at the same rate as witness fees in circuit court and a docket fee of ten + See moredollars for each hearing request against any person filing a request for a hearing under section two of this article who fails to appear, fails to have said order rescinded or fails to have said order modified to a lesser period of revocation.
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$10 | All | Yes | Department of Motor Vehicles | no |
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West Virginia | W. Va. Code §17C-5A-3. | Traffic Regulations and laws of the road - Administrative procedures for suspension and revocation of licenses for driving under the influence of alcohol, controlled substances or drugs; reissuance of license. |
(e) (1) The program provider shall collect the established fee from each participant upon enrollment unless the department has determined that the participant is an indigent based upon criteria established + See morepursuant to legislative rule authorized in this section.(j)(1) The Secretary of the Department of Health and Human Resources shall promulgate a rule for legislative approval in accordance with article three, chapter twenty-nine-a of this code to administer the provisions of this section and establish a fee to be collected from each offender enrolled in the safety and treatment program. The rule shall include: (A) A reimbursement mechanism to program providers of required fees for the safety and treatment program for indigent offenders, criteria for determining eligibility of indigent offenders, and any necessary application forms; and (B) program standards that encompass provider criteria including minimum professional training requirements for providers, curriculum approval, minimum course length requirements and other items that may be necessary to properly implement the provisions of this section.
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established fee
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All | Yes | State/statewide agency | no |
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West Virginia | W. Va. Code §17C-6-1. | Traffic Regulations and laws of the road - Speed restrictions - Speed limitations generally |
(g) If an owner or driver is arrested under the provisions of this section for the offense of driving above the posted speed limit on a controlled access highway or + See moreinterstate highway and if the evidence shows that the motor vehicle was being operated at ten miles per hour or less above the speed limit, then, upon conviction thereof, that person shall be fined not more than $5, plus court costs.
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Court costs
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Misdemeanor | Yes | Court | no |
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West Virginia | W. Va. Code §17C-13A-5. | Traffic Regulations and laws of the road - Diesel-powered motor vehicle idling act - Penalties. |
The driver or owner of a diesel-powered motor vehicle with a gross weight of ten thousand one pounds or more engaged in commerce or the owner or operator of a + See morelocation where such vehicles load, unload or park that violates the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, pay a fine of not less than $150 and not more than $300 and court costs.
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Court costs
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Misdemeanor | Yes | Court | no |
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West Virginia | W. Va. Code §59-1-11. | Fees, allowances, and costs - Fees and allowances - Fees to be charged by clerk of circuit court. | (b) In addition to the foregoing fees, the following fees shall be charged and collected:(1) For preparing an abstract of judgment, $5; | $5 | All | Yes | Clerk | no |
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West Virginia | W. Va. Code §59-1-11. | Fees, allowances, and costs - Fees and allowances - Fees to be charged by clerk of circuit court. |
(b) In addition to the foregoing fees, the following fees shall be charged and collected:(2) For a transcript, copy or paper made by the clerk for use in any other + See morecourt or otherwise to go out of the office, for each page, $1;
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$1
for each page |
All | Yes | Clerk | no |
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West Virginia | W. Va. Code §59-1-11. | Fees, allowances, and costs - Fees and allowances - Fees to be charged by clerk of circuit court. |
(b) In addition to the foregoing fees, the following fees shall be charged and collected:(8) For arranging the papers in a certified question, writ of error, appeal or removal to + See moreany other court, $10, of which $5 shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code;
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$10 | All | Yes | Clerk | no |
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West Virginia | W. Va. Code §59-1-11. | Fees, allowances, and costs - Fees and allowances - Fees to be charged by clerk of circuit court. |
(b) In addition to the foregoing fees, the following fees shall be charged and collected:(9) For each subpoena, on the part of either plaintiff or defendant, to be paid by + See morethe party requesting the same, 50 cents;
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$0.50
per subpoena |
All | Yes | Clerk | no |
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West Virginia | W. Va. Code §59-1-11. | Fees, allowances, and costs - Fees and allowances - Fees to be charged by clerk of circuit court. |
(b) In addition to the foregoing fees, the following fees shall be charged and collected:(10) For additional service, plaintiff or appellant, where any case remains on the docket longer than + See morethree years, for each additional year or part year, $20; and
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$20
per additional year or part year |
All | Yes | Clerk | no |
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West Virginia | W. Va. Code §59-1-11. | Fees, allowances, and costs - Fees and allowances - Fees to be charged by clerk of circuit court. | (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 | $85 | Misdemeanor | Yes | Clerk | no |
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West Virginia | W. Va. Code §59-1-11. | Fees, allowances, and costs - Fees and allowances - Fees to be charged by clerk of circuit court. |
(d) The clerk shall tax the following fees for services in a criminal case against a defendant convicted in such court:(2) In the case of a felony, $105, of which + See more$10 shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code.
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$105 | Felony | Yes | Clerk | no |
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West Virginia | W. Va. Code §59-1-11. | Fees, allowances, and costs - Fees and allowances - Fees to be charged by clerk of circuit court. |
(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 + See morefee 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.
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$25
per bond service |
All | Yes | Clerk | no |
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