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What Happens After an Arrest in West Virginia? A Step-by-Step Guide

Frank Walker Jan. 8, 2026

Being arrested in West Virginia can be overwhelming, confusing, and frightening—especially if it’s your first encounter with the criminal justice system. Many people don’t know what happens next or what rights they still have. Understanding the process can help you stay calm and make smarter decisions that protect your future.

The Arrest Process

An arrest occurs when law enforcement has probable cause to believe a crime was committed. Officers may arrest you with or without a warrant depending on the circumstances. Once arrested, you will be taken into custody and transported to a police station or regional jail.

Booking and Processing

During booking, officers record your personal information, fingerprints, and photograph. Any personal property you have will be inventoried and stored. Charges are formally entered into the system at this stage.

Bail and Bond

In many cases, bail is set to ensure you return for court. Some minor offenses may allow release on personal recognizance, while more serious charges may require cash bail or a bond. A criminal defense attorney can argue for reduced bail or release conditions.

Arraignment

Your arraignment is typically your first court appearance. You’ll be informed of the charges against you and asked to enter a plea. This is a critical stage where having legal representation matters.

Pretrial Proceedings

Your attorney may file motions, review evidence, and negotiate with prosecutors. Many cases are resolved during this stage through dismissals, reductions, or plea agreements.

Trial or Resolution

If no agreement is reached, your case may proceed to trial. A skilled criminal defense lawyer will challenge evidence, cross-examine witnesses, and advocate aggressively on your behalf.

Why Early Legal Help Matters

Statements made early in a criminal case can impact the outcome. Hiring an experienced West Virginia criminal defense attorney immediately after arrest can significantly improve your chances of a favorable result.

About Frank Walker Law

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI DefenseBest Attorneys in AmericaBest Law firms of AmericaAmerica’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

Additionally, you can find Attorney Walker on YouTubeTikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.

If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh)304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.