§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 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.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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