Eastern Regional Jail & Correctional Facility Inmate Bail & Bonds
Berkeley County bail and bond: the Martinsburg regional jail and the Judicial Center magistrates
Adults arrested in Berkeley County who cannot go home are held at the Eastern Regional Jail and Correctional Facility, 94 Grapevine Road, Martinsburg, WV 25405, phone 304-267-0045. It is a state jail inside the county that also holds people from Jefferson and Morgan counties. Look up a person on Berkeley County Inmate Search to see if he or she is in custody. The magistrate who sets bail sits at the Berkeley County Judicial Center, 380 West South Street, Martinsburg, and the magistrate clerk is at 304-264-1957. The sections below explain bail and bond for a family with no legal background.
Is the Eastern Regional Jail a county jail?
No. It belongs to the West Virginia Division of Corrections and Rehabilitation. It stands in Berkeley County, but it also takes pretrial adults from Jefferson and Morgan. Berkeley County pays the state for the days its own inmates spend there; the family never receives that bill.
State law also lets a court hold an arrested person in an approved county or city jail for up to 96 hours before the regional jail takes over.
How do I confirm that someone is in custody?
Search the full name on Berkeley County Inmate Search. A booking can take hours to post, so look again later in the day.
The jail answers at 304-267-0045. The Berkeley County Sheriff's Office, 510 South Raleigh Street, 304-267-7000, can say which agency made the arrest.
Who sets the bail, and how fast?
A magistrate, at the first appearance. By statute and Rule 5, an officer must take the arrested person before a magistrate in Berkeley County without unnecessary delay. No hour limit is written into the law, so timing depends on the hour of the arrest and the court schedule.
A person in the Martinsburg jail appears by video. The magistrate explains the charge and the right to counsel and then sets bail or releases the person on a promise to return.
What happens on nights, weekends and holidays?
Magistrate court is open every judicial day except Saturday. Whenever the office is closed, one Berkeley County magistrate is on call. That magistrate checks the jail at fixed times: 10 to 11 p.m. on weekdays; 10 to 11 a.m. and 10 to 11 p.m. on Saturdays and holidays; and noon to 1 p.m. and 10 to 11 p.m. on Sundays.
If someone is waiting, the magistrate goes to the court office to hold the hearing or take the bond. The on-call magistrate also handles emergency protective orders.
Where do I pay at the Judicial Center?
Bail must be received by the clerk or a magistrate. Go to the Berkeley County Judicial Center, 380 West South Street, Martinsburg, WV 25401, and ask for the magistrate clerk, 304-264-1957. The circuit clerk is in Suite 2200 of the same building, 304-264-1918.
The courts take cash, cashier's checks, certified checks, money orders and traveler's checks. A personal check may be refused. A credit or debit card cannot post a bond.
Can someone else post bail for a person who is not there?
Yes. Another person may post it with a written acknowledgment signed by both the defendant and a magistrate.
Keep the receipt. A cash deposit returns to the person who made it after the court releases the bond, but a bondsman's fee does not come back.
Which Berkeley County misdemeanors carry no money bail?
The law presumes release on a written promise for a misdemeanor, and the magistrate needs good cause to ask for more. Residency, community ties and flight risk go into that decision.
The presumption does not cover violence, a minor victim, a deadly weapon, controlled substances, sexual abuse, the serious drunk-driving statutes, or theft and tampering above $250. Where cash is set, it cannot exceed three times the highest fine.
How do magistrates decide bail on a felony?
Bail is a right unless the offense carries life in prison. The magistrate weighs the seriousness of the crime, the potential penalty, prior convictions, ability to pay, residence, the strength of the evidence, current probation or parole, and any earlier forfeited bail.
A magistrate cannot grant a promise-only release to a person charged with a violent felony against a person, a felony with a minor victim, felony arson or burglary, or a felony drug offense.
How does drunk driving fit in?
The serious traffic statutes, including the drunk-driving law, sit outside the misdemeanor release presumption. A magistrate therefore sets conditions or money instead of automatic release.
A guaranteed arrest bond certificate cannot be used for reckless driving or drunk driving. Ask the clerk, 304-264-1957, about the amount set in a given case.
What does a Martinsburg bondsman charge?
The Insurance Commissioner licenses bondsmen, and no one may do the work without a license. The floor is 10 percent of the bond. A client may pay as little as 3 percent at the start and finish within twelve months. Fees together cannot exceed the bond.
Get the contract and any collateral receipt in writing. A bondsman may not pay an official or an attorney for referrals. Check a license at 304-558-0610 or on the bondsman license page.
Can a house or land stand in for cash?
A recognizance can be signed by adults who own West Virginia real estate if its assessed value in the county land books, less liens and loans, equals at least half the bail. The judge may ask for proof of ownership.
Start with the magistrate clerk, 304-264-1957. A licensed surety company is the other way, and it is the usual bondsman release. A judge may not recommend a surety who is a relative.
Can bail be reduced?
Yes. A motion to change bail is heard within five days of filing, with notice to both sides. A defendant held on a misdemeanor for lack of a secured bond is owed a hearing within five days of the first order.
The court can trade money for conditions such as a responsible custodian, work, staying away from named people, alcohol limits, home incarceration or electronic monitoring where available. Berkeley County Probation is at 304-264-1969.
What is different in a domestic violence case?
An officer may arrest without a warrant on credible corroborating evidence plus a statement from the victim or a witness. The suspect goes before a Berkeley County magistrate, and an arrest of that kind supports no-contact terms.
If the magistrate finds a threat, bail must keep the defendant from the victim's home, school and workplace. The clerk provides certified copies to the victim free. An officer who sees a violation must arrest immediately, and the defendant stays jailed until a hearing on revoking bail. Rules require periodic court appearances with counsel at least every sixty days.
What about child abuse and sexual offense cases?
For child abuse charges, the bond requires the defendant to live apart from the victim and have no contact. For sexual offenses against anyone, the court can add contact limits.
Those conditions can be challenged by a petition to the circuit court, and from there to the Supreme Court of Appeals.
Is there a public defender in Martinsburg?
Yes. The public defender office at 301 West Burke Street, Martinsburg, WV 25401, serves Berkeley and Morgan counties. The number is 304-263-8909.
Tell the magistrate at the first appearance that the family cannot hire counsel, and ask for an appointment. A lawyer can press for lower bail.
Where do the courts hold a youth after arrest?
The Vicki V. Douglas Juvenile Center, 900 Emmett Rousch Drive, Martinsburg, WV 25401, is a state detention center for youth who are charged but not convicted. It takes male and female residents ages 10 through 21 and answers at 304-267-0164. The Division of Juvenile Services places youth from all counties in its centers.
A child's case is confidential, so the adult search will not show it. The magistrate clerk can tell you when the first hearing is set.
What if the charge is federal?
A federal charge is heard in the Northern District of West Virginia, whose Martinsburg clerk's office is at 217 West King Street, Room 102, Martinsburg, WV 25401, 304-267-8225. The county magistrate does not set bail on a federal charge.
Call that clerk for the hearing date and the name of the court-appointed lawyer, if one has been named.
What happens if a defendant misses court?
The court can forfeit the bail. A person who put up cash for the defendant, or signed a recognizance, receives ten days' notice by certified mail before the court enters judgment.
If a bondsman delivers the defendant back to custody inside two years of the forfeiture, the court repays the forfeited amount. Failing to appear is also a felony, one to five years and up to $5,000, after a felony arrest, and a misdemeanor, up to a year and $1,000, after a misdemeanor arrest.
Berkeley County bail contacts
- Regional jail
- Eastern Regional Jail and Correctional Facility, 94 Grapevine Road, Martinsburg, WV 25405; 304-267-0045
- Bail and bond
- Bond instructions for the Martinsburg jail
- Custody lookup
- Berkeley County Inmate Search
- Magistrate court
- Berkeley County Judicial Center, 380 West South Street, Martinsburg, WV 25401; clerk 304-264-1957
- Circuit clerk
- Judicial Center, Suite 2200; 304-264-1918
- Sheriff
- Sheriff's Office, 510 South Raleigh Street, Martinsburg, WV 25401; 304-267-7000
- Public defender
- 301 West Burke Street, Martinsburg, WV 25401; 304-263-8909
- Youth detention
- Vicki V. Douglas Juvenile Center, 900 Emmett Rousch Drive, Martinsburg, WV 25401; 304-267-0164
- Federal court
- 217 West King Street, Room 102, Martinsburg, WV 25401; 304-267-8225
- Bondsman licensing
- Insurance Commissioner, 304-558-0610
This page is a general guide to bail in Berkeley County, West Virginia, and not legal advice. A lawyer can address a specific charge.
Paying an Inmate's Bail or Bond in Berkeley County
The Berkeley County Sheriff recommends that you might want to use a bail bond agent licensed to do business in Berkeley County.
However if you don't want to use a bail bond agent:
- You can always pay a cash bond yourself, or use your home in Berkeley County, or in some cases the state of West Virginia, but the benefit of using a bail bond agent is that they take responsibility for making sure the inmate shows up for court in Berkeley County, and if they don't, then they take the financial responsibility.
- The typical fee for a bond in West Virginia is between 10-20% of the bail amount; usually 15% or less. So if an offender has a bail of $10,000.00, their bond will be $1,500.00.
- Pay by cash, cashier's check, money order or credit card at the Eastern Regional Jail & Correctional Facility, or the courthouse in Berkeley County where the offense took place.
Call 304-267-0046 to find out the exact bond (plus other fees) amount, or look it up online by looking up the information on the Berkeley County inmate locator.
Eastern Regional Jail & Correctional Facility
Address:
94 Grapevine Road
Martinsburg, WV 25405
Phone:
304-267-0046
Frequently Asked Questions about Bail and Bonds in Berkeley County
Does Berkeley County have bail?
What kind of bonds are accepted in Berkeley County?
Who can set bail in Berkeley County?
When is bail set in Berkeley County West Virginia?
Does Berkeley County have bail?
Yes, Berkeley County recognizes most types of bonds.
What kind of bonds are accepted in Berkeley County?
Berkeley County recognizes most types of bonds. The court will consider what type of bonds will be accepted depending on the circumstances of the arrest.
Who can set bail in Berkeley County?
Bail is set by a magistrate in the county where the defendant is charged or in the county where the defendant is jail, if they are not the same.
When is bail set in Berkeley County West Virginia?
Bail is set during the first hearing in front of a magistrate, also known as the initial hearing. This hearing will be scheduled “without delay”, which usually translates to 1-3 day following the arrest.
What is Bail?
Bail is what the arrested in Berkeley County must pay or do to stay out of jail until the first court appearance.
The agreement to bail acts as a promise that the arrested will return to court for court dates and trial. Bail usually refers to a dollar amount, but bail can also mean something that has to be done, or a condition such as reporting to an officer of the court, a curfew, restraining orders or attending a treatment program.
Bail is usually a significant enough amount of money and/or condition that the person will be negatively impacted and has incentive to return to court and not flee. A flight risk usually means that the person would flee the area, and not necessary that they are going to take an airplane.
If a judge in Berkeley County feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money. This is called Released on Own Recognizance, or ROR.
Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court.
If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person will be detained in the Eastern Regional Jail & Correctional Facility until the case is resolved or goes to trial.
Bail can be denied if the defendant did not comply with bail conditions from a previous arrest. Bail is usually denied in cases of violent offenses.
What is the difference between Bail and Bond?
Bail and bond are used interchangeably to mean the same thing but technically, they are different. The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions. Think of a bond as a loan to pay for the bail.
The bond payment is always written to the court in your municipality, Berkeley County or district directly and does not go through the defendant. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
The thought of being in jail can cause the arrested to panic and try to secure a bond immediately.
DO NOT panic and take the time to understand all the options.
More courts are now trying to work with defendants to make bail work and might provide non-monetary options or even reduce the bail.
Payments to a bond company are not refundable. It is a long process to get back property title or money that was given to the clerk of court or bondsperson to secure the bond. This could put your loved ones into a difficult financial situation.
Another reason not to unnecessarily rush into securing a bond is that if the court notes that you came up with the money to pay a bond company, they may assume you have resources to pay a defense attorney and decline public defense.
On the other hand, as anyone who has ever been involved in their criminal defense understands, fighting your case while ‘out on the streets’ gives you a much better chance of either winning, or getting a more favorable sentence.
What are the different types of bonds in Berkeley County?
Based on a review of information from the arrest, the judge or bail officer will determine and notify the accused of which types of bonds are available to them.
To describe the types of bonds, let’s use an example of buying your neighbor’s car. Your neighbor decides the price of the car and how they would be paid.
Similarly, the court (meaning a police or bail officer, clerk of court, bail magistrate or judge) determines the bail amount and how it would be paid.
Here are different options that the seller of the car or the court might consider:
You could pay full asking price for the car in cash. This is similar to paying cash bail. The full amount of bail would be paid to the town or county clerk or at the jail. Cash, cashier’s checks and credit cards are usually accepted.
You could sign an agreement on your own or with another person to pay for the car at a future date knowing that your neighbor would know where to find you if you stopped payment. This would be similar to a cash bond or a personal recognizance (PR) bond which are bonds to where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible for making sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up.
Surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
You can put a deposit down for your neighbor’s car and sign an agreement that the car will be paid off at a later date. Cash percentage in lieu of bonds is when the defendant pays a percentage of the bail amount, usually 10%, to the court which then holds the money until the case is over.
The amount is returned to the person who paid the 10% after the case is over. In most cases, the full amount is not returned if there are court fees or fines due. This is a type of surety bond if another person signs the bond paperwork.
You could sign an agreement that if the car were not paid off, that your neighbor would get your house or something of value. A property bond is a bond that the courts might consider in which the bond is pledged in land or home real estate (mobile homes are not accepted).
Usually, the property must be in the same state as the courts, and it must be worth at least 1 ½ - 2 times the amount of the bond.
There are multiple court fees involved to execute a property bond with the courts and a tedious process to get the property deed back. This is another type of surety bond if another person or a bond company is used to secure the bond.
You could also go to a local bank and take out a car loan offering property or anything of value for collateral. You may get someone to co-sign on the loan and offer their property. The bank charges fees, interest and could keep your property if you did not pay the loan back, or even on time.
A professional bondsperson makes money, at least 10% of the bond amount by providing you with a “loan” called a bond. The percent that they charge is fixed by the state and cannot be negotiated. The defendant or surety does not get that 10% or more back even if the terms of the bail are met.
With a property bond, the property deed would need to be signed over to the bondsperson and everyone on the deed would need to be involved.
Since the bondsperson signed off, to be responsible that you show to court as your surety, they can send a bounty hunter to bring you to court if you flee. A bondsperson does not have to give you a bond if the defendant seems to be too much of a risk.
Ask the bondsperson to explain all the costs: percentage, fees or court fees. There is never a reason to rush through signing the paperwork with a bond company. Make sure that everything told to you is in writing and that you understand what you are signing. Ask questions, and if you feel rushed or don’t understand the contract with the bond company, you might want to call another one.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsperson will not call asking for money without involvement of the arrested.)
Does Berkeley County have bail?
Yes, Berkeley County recognizes most types of bonds.
What kind of bonds are accepted in Berkeley County?
Berkeley County recognizes most types of bonds. The court will consider what type of bonds will be accepted depending on the circumstances of the arrest.
Who can set bail in Berkeley County?
Bail is set by a magistrate in the county where the defendant is charged or in the county where the defendant is jail, if they are not the same.
When is bail set in West Virginia?
Bail is set during the first hearing in front of a magistrate, also known as the initial hearing. This hearing will be scheduled “without delay”, which usually translates to 1-3 day following the arrest.
Can I get the bail or bond reduced in Berkeley County West Virginia?
Yes, if there are extenuating circumstances, let the magistrate know. Your attorney can also request a bond reduction.
In Berkeley County West Virginia, who can pay bail for me?
The person posting bail should be a relative or close friend, called a surety, because they are promising and taking responsibility that you will return to court to get their money back.
A surety is not responsible for court fees or paying off personal debts for the defendant. A professional bondsperson who is approved by the State of West Virginia could be the surety and execute a bond to the court on your behalf.
Can bail be paid online in Berkeley County West Virginia?
West Virginia counties do not currently process online payments of bail. Contact the jail for specific information on how to pay bail. Go to the Eastern Regional Jail & Correctional Facility for more information about the jails in Berkeley County.
What options are there to pay bail in Berkeley County West Virginia?
Most all jail and courts accept cash, a cashier or bankers’ check. Some accept a credit card with fees. Please contact the jail for specific information on what methods of payment are accepted. Go to the Eastern Regional Jail & Correctional Facility for more information about posting bail in Berkeley County.
Will I get all my bond money back in West Virginia?
Bail money is returned to the person who paid the bail; in whole or in part once the case is finished. There may be fees, restitution (money to pay for damage caused by the crime) or fines that come out of that amount. If you used a bondsperson, you would not get your 10% back. Property is returned by the court or bondsperson after the appropriate requests and formal paperwork are completed with the court.
Can I get bail or a bond with no money down in Berkeley County?
The judge or officer who sets bail determines which kind of bail will be an option for you, but a cash bond and PR bonds usually do not require cash down, though you might have to pay court fees.
A cash bond or a personal recognizance (PR) bond are bonds where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible to make sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up. A surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
What are the least expensive and affordable bail bonds in West Virginia?
The Eastern Regional Jail & Correctional Facility or court in this jurisdiction can provide you with a list of approved and licensed bond companies, but they cannot recommend a specific company. You are not obligated to use the first company available and can call several companies to compare what kind of bonds that the bondsperson is willing to execute.
The percentage of bail that the bond company can charge is set, usually at 10%, by the state and cannot be negotiated.