CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 5. COSTS IN CRIMINAL CASES.
§62-5-1. Payment of witnesses.
Sections sixteen and seventeen of article one, and section
sixteen of article two, chapter fifty-nine of this code shall apply
to a person attending as a witness under a recognizance or summons
in a criminal case whether the same be a felony or misdemeanor, as
well as to a person attending under a summons in a civil case,
except that in a criminal case, a person residing out of this
state, who attends a court therein as a witness, shall be allowed
by such court a proper compensation for attendance and travel to
and from the place of his abode; the amount of the same to be fixed
by such court. Such compensation and other allowances shall, in
all criminal cases be paid out of the treasury of the state.
§62-5-2. Payment of witness fees and other legal charges by
The sum to which a witness is entitled who attends for the
state, and any other legal charges incurred in a case wherein there
is a prosecutor, shall be paid by such prosecutor as if he were the
plaintiff in the case, unless there be a judgment against the
defendant, in which case the same shall be taxed in the costs and
paid to the persons entitled thereto, by the sheriff or other
officer who may receive the same.
Acts, 1975 Reg. Sess., Ch. 126.
§62-5-4. Fees of officer executing process or rendering service
out of county in felony cases.
A sheriff or other officer, for traveling out of his county to
execute process in a case of felony and doing any act in the
service thereof for which no other compensation is provided, shall
receive therefor, out of the treasury, such compensation as the
court from which the process issued may certify to be reasonable.
When in such case an officer renders any service for which no
specific compensation is provided, the court in which the case may
be, may allow therefore what it deems reasonable, and such
allowance shall be payable out of the treasury.
§62-5-5. Certificate by the court as to fees and expenses.
The certificate required by section fifteen, article one,
chapter fifty-nine of this code shall be made by the court in which
the prosecution is, or to which the justice certifies, as
hereinafter mentioned. Any other expense incident to a proceeding
in a criminal case, which is payable out of the treasury, otherwise
than under the preceding section, shall be certified by such court
unless otherwise provided. With such certificate of allowance,
there shall be transmitted to the auditor the vouchers on which it
The entry of such certificate shall state how much thereof is
on account of each person prosecuted.
§62-5-6. Expenses of preliminary hearing before justice certified
A justice before whom there is any proceeding in a criminal
case, preliminary to prosecution in a circuit court or other court
of record having jurisdiction in criminal cases, shall certify to
the clerk of such court all the expenses incident to such
proceeding which are payable out of the treasury.
§62-5-7. Execution for expenses incident to prosecution.
In every criminal case the clerk of the court in which the
accused is convicted shall, as soon as may be, make up a statement
of all the expenses incident to the prosecution, including such as
are certified to him by a justice under the preceding section; and
execution for the amount of such expenses shall be issued and
proceeded with, and article four of this chapter shall apply
thereto in like manner as if, on the day of completing such
statement, there was judgment in such court in favor of the state
against the accused for such amount as a fine.
§62-5-8. Failure to present claim in time.
If, by reason of the failure of a person to present his claim
in due time, a sum be not included in such execution, which would
have been included if so presented, such claim, unless there be
good cause shown for the failure, shall be disallowed.
§62-5-9. Fee to prosecuting attorney out of state treasury;
judgment against state for costs.
No fee to any prosecuting attorney shall be payable out of the
treasury, unless it be expressly provided. And in no case shall
there be a judgment against the state for costs.
WVC 62 - 5 - 10
§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. 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.
(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, 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, article eleven-c of