First: breathe.
An arrest is not a conviction. It's the start of a process, and that process has rules — rules that protect your loved one. The most important things you can do in the first 24 hours are: stay calm, gather information, and avoid making the case worse by accident.
What typically happens next — a checklist
Every case is different, but here's the general order of events in the first hours and days after an arrest in West Virginia. Use it as a roadmap — not a guarantee.
- Transport to a regional jail — usually within a few hours of arrest.
- Booking — fingerprints, photo, property inventory, medical screening. Often several hours; no visits or calls during this window.
- Locate your loved one — search the WVDCR inmate locator, or call the arresting agency to confirm which regional jail they're headed to.
- Initial appearance before a magistrate — without unnecessary delay (often by video from the jail). The magistrate reads the charges, advises of the right to counsel, and sets bond.
- Bond is set — cash, surety (bail bondsman), personal recognizance, or a 10% option, depending on the case. See the bail and bond guide for details.
- Contact a defense attorney — ideally before the bond hearing, so they can argue for a lower bond and reasonable conditions.
- Post bond (if appropriate) — only after talking with a lawyer about whether the amount can be reduced.
- Preliminary hearing — for felony charges, typically scheduled within about 10 days if the person is in custody. The State has to show probable cause.
- Grand jury / indictment — for felonies that move forward, the case is presented to a grand jury for formal indictment.
- Arraignment in circuit court — formal entry of a plea (almost always "not guilty" at this stage) and scheduling of next steps.
- Discovery and pretrial motions — the defense attorney receives the State's evidence and files motions as needed.
- Resolution — plea agreement, dismissal, or trial.
Timing and procedure can vary by county, judge, and the specifics of the charge. Confirm any deadline or next step with the court or your loved one's attorney.
Step 1 — Find out where they are
After arrest in West Virginia, the person is usually taken to a regional jail run by the West Virginia Division of Corrections and Rehabilitation (WVDCR). You can search inmates on the WVDCR website. If they were arrested in a city and haven't been transferred yet, call the local police department or county sheriff's office and ask which regional jail they're going to.
Have ready: their full legal name, date of birth, and the approximate time and location of arrest.
Step 2 — Booking
At the jail, your loved one is "booked": fingerprints, photo, inventory of personal items, and a medical screening. Booking can take hours. You usually can't visit or speak with them during this window.
Step 3 — The initial appearance
Without unnecessary delay, the person is brought (often by video) in front of a magistrate. The magistrate reads the charges, explains the right to an attorney (including a court-appointed one if they can't afford one), and sets bond. See our bail and bond guide for what to expect there.
Step 4 — Talk to a lawyer before they do
The single most important rule: do not let your loved one talk to police or investigators about the case without a lawyer. "Just clearing things up" almost always hurts more than it helps. Recorded jail calls are also evidence — assume anything said on a jail phone will be heard by the prosecutor.
If you can, get an attorney involved before the bond hearing, not after. A lawyer at the initial appearance can argue for a lower bond and reasonable conditions right out of the gate.
What you can do that actually helps
- Write down the charge, the arresting agency, and the case number.
- Gather proof of community ties — job, lease, family in the area — for the bond hearing.
- Identify and call a defense attorney. Bring the case number.
- Tell your loved one, in writing or on a call: "Do not talk to anyone about the case without your lawyer."
- Keep money on hand for a possible bond, but don't post it before talking to a lawyer about whether the amount can be reduced.
What not to do
- Don't contact any alleged victims or witnesses. This can lead to new charges.
- Don't post about the case on social media.
- Don't discuss case facts on the jail phone or in letters — they're recorded and read.
- Don't assume a court-appointed attorney isn't a real attorney. Many are excellent.