What to Do If You’re Arrested in West Virginia

Being arrested is one of the most stressful experiences anyone can go through. In West Virginia, an arrest can happen for a variety of reasons — from a minor traffic violation that escalates, to more serious allegations like drug charges, theft, or assault. No matter the reason, what you do in the moments after being arrested can have a major impact on the outcome of your case.

At Walters Law Firm in Charleston, WV, our experienced criminal defense attorneys help clients navigate arrests and protect their rights every single day. Here’s what you need to know if you or a loved one is arrested in West Virginia.

Why Knowing Your Rights Matters

Many people make the mistake of talking too much after an arrest, believing that explaining themselves will help. Unfortunately, anything you say can be twisted and used against you in court. West Virginia law — along with the U.S. Constitution — gives you specific protections when you are arrested. Knowing these rights gives you power in an otherwise powerless situation.

Key rights include:

• The right to remain silent.
• The right to an attorney.
• The right to know the charges against you.
• Protection from unreasonable searches and seizures.

At Walters Law Firm, we ensure that your rights are upheld from the very beginning of your case.

Step 1: Stay Calm and Avoid Resistance

Emotions run high during an arrest. You may feel angry, embarrassed, or scared, but it’s important to remain calm. Resisting arrest — even verbally — can lead to additional charges like resisting an officer or obstruction, which only makes your situation worse.

Tips:

• Keep your hands visible.
• Do not run or pull away.
• Speak politely and do not argue with officers at the scene.

Step 2: Invoke Your Right to Remain Silent

West Virginia police officers may try to engage you in casual conversation to gather information. Remember: anything you say can be used against you. Even small details might later be twisted by prosecutors.

You should politely say:

“I am choosing to remain silent. I would like to speak with an attorney.”

Once you’ve invoked this right, do not answer further questions until your lawyer is present. If you’re in Charleston or surrounding areas, call Walters Law Firm right away to protect your future.

Step 3: Request an Attorney Immediately

Under both West Virginia law and the Sixth Amendment, you have the right to legal counsel. The sooner you involve a defense lawyer, the better. A lawyer can:

• Stop police questioning.
• Protect you from self-incrimination.
• Begin investigating the circumstances of your arrest.
• Argue for reduced bail or dismissal of charges.

The criminal defense team at Walters Law Firm in Charleston, WV has years of experience handling arrests across the state. From first-time offenses to serious felony charges, we fight to protect your rights at every stage.

Step 4: Understand the Booking Process in West Virginia

After your arrest, you will be taken to the local jail for booking. This includes:

• Fingerprinting.
• Taking your mugshot.
• Recording personal information.
• Documenting the charges.

Depending on the charges, you may be able to post bail shortly after booking, or you may need to wait for a bail hearing. Walters Law Firm can help you understand the process and fight for your release.

Step 5: Bail and Release Options

In West Virginia, bail can be set in different forms:

• Cash bond – you pay the full bail amount.
• Surety bond – a bail bondsman posts bail for you, usually for a fee.
• Personal recognizance release – you’re released without paying, but you promise to return to court.

Your attorney at Walters Law Firm can argue for reduced bail or your release on recognizance, helping you return home as quickly as possible.

Common Mistakes to Avoid After an Arrest

1. Talking too much – even if you’re innocent, don’t try to explain yourself to police.
2. Posting on social media – prosecutors may use your posts against you.
3. Contacting alleged victims or witnesses – this can be seen as intimidation.
4. Failing to show up for court – missing a hearing leads to additional penalties and possibly a bench warrant.

The Importance of Local Representation in Charleston, WV

Every state has its own criminal laws and procedures, and West Virginia is no exception. Local defense attorneys know the specific practices of county courts, judges, and prosecutors. This insight can make a big difference in how your case is handled.

For example:

• Some counties may be more lenient with first-time offenders.
• Certain prosecutors may be more open to plea bargains.
• Local attorneys understand the nuances of West Virginia sentencing guidelines.

The team at Walters Law Firm in Charleston, WV has strong ties to the local legal community, giving our clients an advantage in negotiations and trial preparation.

Frequently Asked Questions

Can police arrest me without a warrant in West Virginia?

Yes, if officers have probable cause to believe you committed a crime, they can arrest you without a warrant.

Will an arrest stay on my record if I’m not convicted?

Yes, but you may be able to pursue expungement of the arrest record under West Virginia law. Walters Law Firm can guide you through this process.

How quickly should I call a lawyer?

Immediately. The sooner an attorney is involved, the stronger your defense strategy will be.

Contact Walters Law Firm Today

Being arrested in West Virginia does not mean you are guilty. However, what you do in the hours and days after an arrest can significantly influence your future. By staying calm, remaining silent, requesting an attorney, and avoiding common mistakes, you protect your rights and set the stage for a strong defense.

If you or a loved one has been arrested in Charleston or anywhere in West Virginia, don’t wait. Call Walters Law Firm today for a confidential consultation. We are committed to defending your rights, protecting your freedom, and securing the best possible outcome for your case.

Contact Walters Law Firm in Charleston, WV today to speak with an experienced criminal defense attorney.

Posted in Criminal Defense | No Comments »