Central Regional Jail & Correctional Facility Inmate Bail & Bonds
Braxton County bail and bond: how it works and where to start
Anyone held after an arrest in Braxton County is housed at the Central Regional Jail and Correctional Facility, 1255 Dyer Hill Road, Sutton. It is a state jail, and it sits inside the county. Its main line is 304-765-7904. The Braxton County Magistrate Court, 307 Main Street, Suite 205, sets and takes bail, and its clerk answers at 304-765-7362. To see whether a person is in custody, use Braxton County Inmate Search.
Where does a person arrested in Braxton County end up?
Officers must bring an arrested person before a Braxton County magistrate without unnecessary delay. The law gives no number of hours. A court may also order a person held in an approved local jail for up to 96 hours first. People who stay in custody before trial are housed at the Central Regional Jail in Sutton, run by the state Division of Corrections and Rehabilitation.
The same jail also holds people from Calhoun, Clay, Gilmer, Lewis, Nicholas, Roane and Webster counties.
How do I find out if my relative is in custody?
Start with Braxton County Inmate Search. Type the legal name as it appears on an ID. If no record shows up, call the jail desk at 304-765-7904 and give the full name and birth date. If the jail has no record yet, the magistrate clerk at 304-765-7362 can tell you whether a case has been opened.
A person may spend a short time with the arresting agency before reaching the jail.
Why does everything start with a magistrate?
In West Virginia the magistrate is the judge who first sees a person after an arrest. The magistrate explains the charge, tells the person about the right to a lawyer, and sets bail. A person held at the regional jail before that hearing appears by video, before a magistrate from the county that filed the charge.
What kinds of bail can a Braxton magistrate choose?
State law defines bail as a cash deposit, a written promise by one or more people to pay a set sum if the person skips court, or another form the trial judge decides. In practice that gives the magistrate several tools: release on a signed promise to appear, an unsecured bond, a cash bond, a bond backed by a bondsman or other surety, or a pledge of unencumbered property.
Can the person go home without paying anything?
For many misdemeanors, yes. A person charged with a misdemeanor must be released on a promise to appear unless the court finds good cause. That rule does not cover charges involving violence, a minor victim, a deadly weapon, drugs, sexual abuse, the serious drunk-driving laws, or theft and vandalism of property worth more than $250.
For felonies, a magistrate may not release on a promise alone when the charge is a violent crime against a person, a crime with a child victim, arson, burglary, or a felony drug offense.
How does the magistrate pick a dollar amount?
The magistrate weighs ability to pay, how serious the charge is, the possible sentence, any prior record, work and family ties, residency, how strong the evidence looks, and whether the person is already on probation or has missed court before.
For a misdemeanor, cash bail cannot be higher than three times the largest fine the offense carries.
Where do I hand over bail money in Sutton?
Bail goes to the court, not to the jail desk. Walk into the magistrate court at 307 Main Street, Suite 205, or the circuit clerk at 300 Main Street, which phones as 304-765-2837. Magistrate courts take U.S. currency, cashier's checks, certified checks, money orders and traveler's checks. A personal check can be refused. Cards cannot be used on a bond.
Get a written receipt, then call the regional jail at 304-765-7904 to ask how long release usually takes.
What can I do at night or on a weekend?
One magistrate in the county is on call whenever the office is closed. That person checks with the jail and the juvenile facility at set times: 10:00 to 11:00 p.m. on weekdays, 10:00 to 11:00 a.m. and p.m. on Saturdays and holidays, and 12:00 to 1:00 p.m. and 10:00 to 11:00 p.m. on Sundays. If someone can be released on bond, the magistrate goes to the court office to handle it.
The rule does not promise a hearing at any hour you choose. Call the magistrate office first at 304-765-5678 or 304-765-2520.
What does a bail bondsman charge?
A bondsman posts the bond in return for a fee. In West Virginia the fee must be at least 10 percent of the bond, so it can be higher. On a $4,000 bond, 10 percent is $400. The fee may be paid in full at signing, or the bondsman may take at least 3 percent down and let you pay the rest over no more than twelve months. All fees together can never top the bond itself. Only bondsmen licensed by the state Insurance Commissioner may sell bonds here, and they may not try to settle your charge or push for its dismissal. Collateral earns you a numbered receipt. Keep it.
Can I put up a house or land instead of cash?
Yes. Adults who own real estate in West Virginia may sign a bail promise backed by that property. After debts and liens, its assessed value on the county land books must equal at least half the bail amount. A surety company authorized to do business in the state can sign instead. The court may ask for proof of ownership.
Judges may not recommend a relative as the surety. Call the circuit clerk at 304-765-2837 to ask about paperwork.
Do I get my money back after the case?
Cash put up as bail goes back to the person who deposited it once the person's duties under the bond are met, or once a forfeiture is cancelled. Keep every receipt with the case number, and ask the circuit clerk when the file closes.
A bondsman's fee is a payment for the service. Ask the bondsman in writing what happens to it if charges are dropped.
What happens if the person skips a hearing?
Willfully skipping court while on bail is a separate crime. After a felony arrest it carries a fine up to $5,000, one to five years in prison, or both. After a misdemeanor arrest it carries a fine up to $1,000, up to a year in county jail, or both. The court can also forfeit the bond.
A judge usually needs proof that the person got notice before a bench warrant goes out. Someone who shows up on their own within 24 hours is not charged under that law.
What extra rules apply to family violence and child abuse charges?
A bond in a domestic violence case can bar contact with the victim and keep the person away from the victim's home, school and work. Officers must arrest right away if they see a violation. The victim can get free certified copies of the bond terms from the clerk. A magistrate must also bring the case back for review at least every sixty days.
When the charge is child abuse, the person may not live with the victim or have contact.
Which police agencies might have made the arrest?
Sutton Police are at 450 4th Street, 304-765-5581. Gassaway Police are at 416 Elk Street, 304-364-5111. Flatwoods Police are at 5 Doctors Lane, 304-765-7235. The Sheriff's Office is at 300 Main Street, Suite 103, 304-765-5122.
Whichever agency made the arrest, the person is taken before a Braxton magistrate if the arrest happened in the county.
Can I get a lawyer or a lower bail?
At the first hearing, say that you cannot afford a lawyer and ask the magistrate or circuit judge to appoint one. The state's Public Defender Services office in Charleston is at 304-558-3905.
To ask for lower bail, a lawyer files a motion. The other side gets notice, and a hearing must be held within five days of the filing.
Where do juveniles go after an arrest?
Young people held in secure detention are placed in a state juvenile center. The Donald R. Kuhn Juvenile Center, One Lory Place, Julian, takes youth from all 55 counties, boys ages 10 to 21 and girls ages 12 to 21. Its phone is 304-369-2976. The on-call Braxton magistrate checks the juvenile facility for new arrests after hours.
Key contacts for Braxton County bond questions
- Regional jail
- Central Regional Jail and Correctional Facility, 1255 Dyer Hill Road, Sutton, WV 26601; 304-765-7904
- Bail guide
- Braxton County bail and bond guide
- Magistrate court
- 307 Main Street, Suite 205, Sutton, WV 26601; clerk 304-765-7362; magistrates 304-765-5678 or 304-765-2520
- Circuit clerk
- Braxton County Courthouse, 300 Main Street, Sutton, WV 26601; 304-765-2837
- Sheriff's office
- 300 Main Street, Suite 103, Sutton, WV 26601; 304-765-5122
- Custody lookup
- Braxton County Inmate Search
- City police
- Sutton 304-765-5581; Gassaway 304-364-5111; Flatwoods 304-765-7235
- Appointed lawyers
- Public Defender Services, Charleston, 304-558-3905
- Juvenile detention
- State center for every county: Kuhn, One Lory Place, Julian, WV 25529, 304-369-2976
Court orders, bond amounts, payment methods, fees and phone numbers can change. Call the magistrate clerk or the regional jail to confirm the rules for a specific case before you send money.Nothing here is legal advice; it is general information for families.
Paying an Inmate's Bail or Bond in Braxton County
The Braxton County Sheriff recommends that you might want to use a bail bond agent licensed to do business in Braxton 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 Braxton 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 Braxton 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 Central Regional Jail & Correctional Facility, or the courthouse in Braxton County where the offense took place.
Call 304-765-7904 to find out the exact bond (plus other fees) amount, or look it up online by looking up the information on the Braxton County inmate locator.
Central Regional Jail & Correctional Facility
Address:
300 Days Drive
Sutton, WV 26601
Phone:
304-765-7904
Frequently Asked Questions about Bail and Bonds in Braxton County
Does Braxton County have bail?
What kind of bonds are accepted in Braxton County?
Who can set bail in Braxton County?
When is bail set in Braxton County West Virginia?
Does Braxton County have bail?
Yes, Braxton County recognizes most types of bonds.
What kind of bonds are accepted in Braxton County?
Braxton 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 Braxton 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 Braxton 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 Braxton 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 Braxton 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 Central 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, Braxton 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 Braxton 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 Braxton County have bail?
Yes, Braxton County recognizes most types of bonds.
What kind of bonds are accepted in Braxton County?
Braxton 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 Braxton 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 Braxton County West Virginia?
Yes, if there are extenuating circumstances, let the magistrate know. Your attorney can also request a bond reduction.
In Braxton 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 Braxton 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 Central Regional Jail & Correctional Facility for more information about the jails in Braxton County.
What options are there to pay bail in Braxton 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 Central Regional Jail & Correctional Facility for more information about posting bail in Braxton 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 Braxton 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 Central 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.