A defendant in a criminal case may be admitted to bail in the following ways:
(a) Bail may be posted by the defendant or some other person depositing cash with the circuit clerk or magistrate court clerk; or (b) Bail may be posted by a recognizance issued pursuant to West Virginia Code §§ 62-1 C- 2(b) and 62-1C-4. A recognizance shall be issued in conformance with the following: (1) The defendant shall sign the recognizance, and it shall also by signed by one or more adult persons owning real property in this State. The judicial officer may also require that justification of surety be provided. When bail is secured by real property: (a) The circuit clerk or magistrate court clerk shall complete and file a "notice of Bond Encumbrance," which notice shall substantially comply with the format of Appendix A to these Trial Court Rules, and shall deliver the same to the clerk of the county commission of the county where the subject real estate is located for recordation in the appropriate lien index; and (b) Upon the circuit or magistrate court's release of the bond on the property serving as surety, the clerk shall file promptly a "Release of the Notice of Bond Encumbrance" with the office of the clerk of the county commission for appropriate recordation. Said release shall substantially comply with the format of Appendix B to these Trial Court Rules. Or (2) The defendant shall sign the recognizance, and the amount of bail shall be secured by a surety company authorized to do business in this State; or (c) Bail may be secured in such other form as the judicial officer may determine, including, but not limited to: (1) Releasing the defendant upon his or her own recognizance pursuant to West Virginia Code § 62-1 C-1a; or (2) In the discretion of the judicial officer, the defendant shall sign the recognizance, with or without surety, and remit a fee of 10% of the bail amount to the circuit clerk or magistrate court clerk. The fee shall be refunded if the defendant meets the conditions of the recognizance. If the defendant does not meet the conditions of the recognizance, the fee shall be remitted to the State Auditor, in the same manner as a bond forfeiture default. (d) No attorney shall sign as surety on any bond in any criminal case. (e) Persons authorized to engage in the bonding business in criminal cases in the State of West Virginia on the effective date of House Bill 4148, passed March 13, 2004, shall continue to engage in the business under the local rules and orders under which such person qualified pursuant to the existing provisions of W. Va. Code § 51-10-8. The authority to continue in the bonding business shall continue until such time as the West Virginia Supreme Court of Appeals adopts rules pursuant to the amendments made to W. Va. Code § 51-10-8 by House Bill 4148. Persons intending to make a new application for such qualification shall be entitled to proceed to do so under rules and orders promulgated prior to September 1, 2004 providing therefore, until such time as the West Virginia Supreme Court of Appeals adopts rules pursuant to the amendments made to W. Va. Code § 51-10-8 by House Bill 4148.W.Va. Trial. Ct. R. 31.01