West Virginia Warrants: Types, Searches, and What to Expect

A warrant is a written document that has been signed by a judge in a court or other legal setting giving permission for police to arrest individuals, search property, or physically compel people to appear in court.

Warrants protect due process by requiring both judicial approval and a showing of probable cause to the judge in order to obtain the warrant. While the USA has warrants in each state, all states, including West Virginia, have rules and general procedures about access to warrants even when there is a warrant.

What Is a Warrant in West Virginia?

In West Virginia, a warrant is a court order that allows the police to take action. Warrants can:

• Allow the arrest of a person suspected of a crime.
• Let the police search and take property related to a case.
• Require someone to come to court if they have ignored a court order.

Types of Warrants in West Virginia

West Virginia courts issue several categories of warrants:

1. Arrest Warrants

An arrest warrant is a document signed by a judge authorizing law enforcement to take an individual into custody after law enforcement has shown sufficient evidence to bring offense charges against the individual.

2. Bench Warrants

Simply put a bench warrant is typically called to order about an individual who maybe has not attended their court date, or they may have disregarded a subpoena and order to court. The bench warrant directs law enforcement to bring the individual before the court.

3. Search Warrants

Search warrants permit law enforcement to search for evidence to support a criminal investigation, specifically at a location, vehicle, or property. Judges limit the search police may conduct based on the language of the warrant.

How to Search for Warrants in West Virginia

West Virginia does not have a consolidated, statewide search tool for warrants, although there are some official resources for searching a warrant:

1. West Virginia Judiciary Case Search: You can find case details from the Magistrate and Circuit Courts online. Warrants connected to open cases might show up there.
2. County Sheriff’s Offices: Sheriffs keep the records for warrants. In bigger counties like Kanawha (Charleston), Monongalia (Morgantown), and Berkeley (Martinsburg), they may have lists of warrants or ways for people to ask about them.
3. Clerk of Court Offices: Clerks keep and manage case files. These files include details about warrants.
4. Municipal Courts: Handle misdemeanor and city ordinance warrants. You can get records from city clerks or the police department.
5. West Virginia State Police (WVSP): Criminal history records are kept by officials, but information about warrants is only shared with law enforcement.
6. Third-Party Background Check Services: Some private providers display warrant information, but official confirmation must come from sheriffs or courts.

Warrant Records in Major West Virginia Counties and Cities

Because West Virginia uses a county-based system, procedures vary:

• Charleston (Kanawha County): The Kanawha County Sheriff’s Office manages warrants, while the Circuit Court clerk maintains case records.
• Morgantown (Monongalia County): You can make warrant inquiries by contacting the Monongalia County Sheriff’s Office or the Circuit Court clerk.
• Martinsburg (Berkeley County): The Berkeley County Sheriff’s Office keeps warrant records, while the Circuit Court clerk manages the case files.

What Happens After a Warrant Is Issued in West Virginia?

The next steps depend on the type of warrant:

• Arrest Warrants: Police can arrest the person named at any time. After the arrest, the person goes to a magistrate. The magistrate will hold a hearing and decide on bail.
• Bench Warrants: These happen when someone misses a court date or breaks court rules. The person can be arrested right away and may have to pay fines or go to jail.
• Search Warrants: Police must do the search within 10 days. They can only take things listed in the warrant. Those items may be used as evidence in court.

To resolve a warrant in West Virginia, you often need to do one or more of the following:

• Appear in court voluntarily.
• Hire a lawyer who can help you surrender or work out bail.
• Pay any overdue fines or meet any outstanding requirements.

How Long Does a Warrant Stay Active in West Virginia?

In West Virginia, most warrants remain active until resolved:

• Arrest and bench warrants: This warrant does not expire and is valid until executed or withdrawn by the court.
• Search warrants: They last for 10 days and expire if not served within the time frame. They must be reissued in order to have their validity prolonged.
• Civil warrants: Civil warrants are active until the case is resolved or dismissed. This means warrants do not simply expire and must be worked through the legal system.

A warrant may be quashed if it was wrongly issued, recalled when the person meets court requirements, or cleared once it is executed or otherwise resolved in court.

Warrants play a crucial role in the West Virginia legal system because they allow for arrests, searches, and court appearances in a judicial process. If you are a West Virginian and want to see if warrants are out for your arrest, it can be a bit confusing. You can look on a few different sites, including the Judiciary Case Search, or through county clerks of court or a sheriff; however, procedures vary county by county.

The most important thing to remember about West Virginia warrants is they do not expire and remain valid until they are disposed of in court. If you suspect that you have a warrant, the best thing to do is speak with an attorney or the issuing court to dispose of it as soon as possible to avoid an unexpected arrest and punishment.