CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 10. PREVENTION OF CRIME.
WVC 62 - 10 - 1
62-10-1. Security to keep the peace.
Every magistrate shall have the power to require, from persons
not of good fame, security for their good behavior and to keep the
peace, for a term not exceeding one year. A person who violates a
court order to keep the peace may be fined not more than two
hundred fifty dollars.
§62-10-2. Intended offense -- Complaint; warrant.
If complaint be made to any justice, that there is good cause
to fear that a person intends to commit an offense against the
person or property of another, he shall examine the complainant on
oath, and any witnesses who may be produced, reduce the complaint
to writing, and cause it to be signed by the complainant. If it
appear proper, such justice shall issue a warrant, reciting the
complaint, and requiring the person complained of forthwith to be
apprehended and brought before him or some other justice of the
WVC 62 - 10 - 3
§62-10-3. Hearing, judgment, appeal process for security to keep
When a defendant appears pursuant to section one, article ten,
chapter sixty-two of the Code of West Virginia, if the magistrate,
upon hearing the parties, decides that there is not good cause for
the complaint, the magistrate shall discharge the defendant, and
may grant judgment in the defendant's favor and against the
complainant for the defendant's costs. If the magistrate decides
there is good cause for the complaint, he or she may grant judgment
for the complainant and may require a bond of the person against
whom the judgment is granted. The magistrate may then enter a
judgment against the defendant for the full costs of the
prosecution, or any part thereof. If the defendant violates the
conditions of the bond, he or she may be fined not more than two
hundred fifty dollars. If the defendant fails to pay the fine
imposed, the magistrate granting the judgment under this section
for costs may, pursuant to article four, chapter thirty-eight of
the Code of West Virginia issue a writ of execution on the
defendant's personal property. A person from whom a bond is
required may, upon the imposition of the bond, appeal the judgment
to the circuit court of the county in which the judgment was
§62-10-4. Same -- Proceedings on appeal; discharge from commitment
by circuit court.
The court may dismiss the complaint, or affirm the judgment,
and make such order as it may deem proper as to the costs. If it
award costs against the appellant, the recognizance which he may
have given shall stand as surety therefor. When there is a failure
to prosecute the appeal, such recognizance shall remain in force,
although there be no order of affirmance. On any appeal the court
may require of the appellant a new recognizance if it deem proper.
Any person committed to jail under this article may be discharged
by the circuit court, or the judge thereof in vacation, upon such
terms as may be deemed reasonable.
§62-10-5. Recognizance in carrying weapons.
If any person go armed with a deadly, dangerous or prohibited
weapon in violation of any of the provisions of article seven,
chapter sixty-one of this code, he may be required to give a
recognizance, with the right of appeal, as before provided, and
like proceedings shall be had on such appeal.
§62-10-6. Offenses in presence of constable.
If any person shall, in the presence of a constable and within
his county, make an affray, or threaten to beat, wound or kill
another, or to commit violence against his person or property; or
content with angry words to the disturbance of the peace; or
improperly or indecently expose his person; or appear in a state of
gross intoxication in a public place; such constable may, without
warrant or other process, or further proof, arrest such offending
person and take him before some justice of the county in which such
offense is committed, who, upon hearing the testimony of such
constable and other witnesses, if any are then and there produced,
if, in his opinion the offense charged be proved, shall require the
offender to give bond or recognizance, with surety, to keep the
peace and be of good behavior for a term not exceeding one year.
§62-10-7. Offenses in presence of justice.
If any offense enumerated in section six of this article be
committed in the presence of a justice within his county, or, the
offender being brought before him, the commission thereof be proved
to his satisfaction, he may, besides requiring a bond or
recognizance with surety, as provided in the preceding section,
impose a fine upon the offender not exceeding five dollars. If
such bond or recognizance be not then and there given, or such fine
be not then and there paid, such justice shall commit the offender
to the jail of his county, there to remain until such bond or
recognizance be given, and such fine be paid; but no imprisonment
under this section shall continue more than ten days, at the end of
which the sheriff or jailer shall discharge the prisoner, unless he
has been commanded by proper authority to detain him for some other
§62-10-8. Special peace officers at fairs.
It shall be lawful for any justice of the peace, on the
application of any of the officers of any state, county, or
independent agricultural and mechanical association, agricultural
society or industrial association of this state, to appoint a
suitable number of discreet persons to assist in keeping the peace
during the time when any such society shall be holding its annual
or other fairs, and make an entry in his docket of the names of all
such persons he shall so appoint.
All such persons so appointed by a justice shall have full
power, and it shall be their duty, to suppress all riots,
disturbances and breaches of the peace that may occur on such fair
grounds, or within one mile thereof, during the time such fairs are
being held, and may, upon view, arrest any person who may, at such
time and place be guilty of violating any law of this state, and
may pursue and arrest any such person anywhere in this state, and
bring him before any justice of the county in which such offense
was committed; and the justice, if he considers that there is
sufficient cause to charge the party with violating the law, shall
certify to the circuit court, or other court of record having
jurisdiction in criminal cases in the county, the nature and
character of the offense, and shall take from the party a
recognizance, with good security, in the sum of not less than one
hundred nor more than five hundred dollars, conditioned for his
appearance before such court and to answer any indictment that may
be made against him, and not to depart without the leave of the
court, and for his keeping the peace and being of good behavior until he shall appear before said circuit court; and the justice
shall immediately transmit such certificate and recognizance to the
clerk of such court, together with a list of the witnesses on the
part of the state. Should the party fail to enter into such
recognizance, the justice shall commit him to the county jail for
trial, and shall make out a warrant of commitment to the jailer,
who shall detain him in his custody until discharged by order of
such court, unless he sooner enter into such recognizance before
some justice of the county. Should such last-named recognizance be
entered into, the justice taking the same shall transmit it to the
clerk of the circuit court; and the justice making such commitment
shall transmit a copy of it to said clerk, together with a list of
the witnesses on the part of the state.
WVC 62 - 10 - 9
§62-10-9. Power and authority of sheriffs, deputy sheriffs and
correctional officers to make arrests.
Sheriffs and each of their deputies are hereby authorized and
empowered within their respective counties to make arrests for any
crime for which a warrant has been issued in violation of any laws
of the United States or of this state, and to make arrests without
warrant for all violations of any of the criminal laws of the
United States, or of this state, when committed in their presence.
A correctional officer may execute a warrant, issued for the arrest
of a person, only when the person named in the warrant is already
in the custody of the officer or when the person voluntarily
surrenders to the correctional officer at the county or regional
jail or a state correctional facility at which the correctional
officer is employed.
Note: WV Code updated with legislation passed through the 2012 1st Special Session