West Virginia Code 14-2B-6 – Authority of prosecutor to make payments from escrow account for the necessary expenses of protection of moneys paid into the escrow account; payment of moneys to defendant when charges dismissed prior to filing of interp…
(a) The prosecutor may in his or her discretion, and without court approval, make such payments from the escrow account to such parties as may be necessary to preserve or maintain the moneys paid into the escrow account, provided the prosecutor finds that such payments would be in the best interests of any affected instrumentality of the state or political subdivision thereof or of the crime victims and would not be contrary to public policy.
Terms Used In West Virginia Code 14-2B-6
- Court: means the circuit court of the county wherein the defendant is charged with or was prosecuted for the commission of the crime. See West Virginia Code 14-2B-3
- Crime: means any offense designated by the provisions of this code as a felony or misdemeanor. See West Virginia Code 14-2B-3
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means a person charged with a crime or convicted of a crime after trial, by entry of a plea of guilty or by entry of a plea of nolo contendere in any court in this state. See West Virginia Code 14-2B-3
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Prosecutor: means the prosecuting attorney of the county in which the defendant is charged with or was prosecuted for the commission of the crime. See West Virginia Code 14-2B-3
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(b) If, at any time prior to the filing of an interpleader action as authorized by this article, the charges against the defendant are dismissed or the defendant is acquitted of such charges in circumstances other than a finding by a court of record that the defendant is not criminally responsible for the commission of a crime by reason of mental illness, mental retardation or addiction, the prosecutor shall immediately pay over to such defendant all moneys, including accrued interest, in the escrow account established on behalf of such defendant.