A West Virginia arrest moves fast: you'll be taken before a magistrate for your initial appearance, bond is set, and if it's a felony the clock starts on a preliminary hearing. What you say and do in the first 72 hours can shape the whole case. You don't have to figure it out alone or wait for business hours. Call 1-844-690-0555, free and 24/7, for clear information on what you're facing and what to do next, in plain English.
Free legal information. Not legal advice. Available 24/7 across West Virginia.
Right now: stay silent except to say you want a lawyer, and stop talking to police, cellmates, or anyone on a recorded jail phone. At your initial appearance the magistrate will set bond; ask whether you qualify for a personal recognizance (signature) bond. If it's a felony, you have the right to a preliminary hearing, which must be held within 10 days if you're in custody, so do not waive it without understanding what you're giving up. If you can't afford a lawyer, ask the magistrate or circuit court for an affidavit of eligibility to apply for court-appointed counsel through Public Defender Services. For free information on any of this, call 1-844-690-0555 now.
Most people charged with a felony in West Virginia are focused on the offense in front of them. They never see the real threat: the recidivist statute, W. Va. Code § 61-11-18. Amended effective June 2020, it lets the prosecutor file a separate recidivist information that adds five years for a second qualifying conviction, and can turn a third qualifying felony into a sentence of life with parole. The prior convictions only have to be punishable by prison time, and the State must move before the term of court ends, with a jury deciding whether you're the same person named in the old records (§ 61-11-19). Defendants routinely plead to the underlying charge with no idea the recidivist enhancement is coming. If you have prior felonies and you're facing a new one in West Virginia, find out where you stand before you decide anything. Call 1-844-690-0555 for free information.
Legal Hotline isn't a public defender, but West Virginia has real free and low-cost resources for criminal matters and record relief. These are genuine, working links worth knowing before you spend a dollar.
I was just arrested in West Virginia — what happens first?
You'll be taken before a magistrate for an initial appearance, where you're told the charges and bond is set. For a felony, the case stays in magistrate court only until a preliminary hearing (or indictment) sends it up to circuit court. Don't discuss the facts with anyone but a lawyer. For a free walkthrough of your exact situation, call 1-844-690-0555, any hour.
What's the difference between magistrate court and circuit court here?
Magistrate courts handle misdemeanors, set bond and hold preliminary hearings; circuit courts handle felonies and require a grand jury indictment before trial. Which court you're in tells you a lot about how serious the charge is. Not sure which applies to you? Call 1-844-690-0555 for free information.
West Virginia doesn't use felony classes — how do I know my sentence?
Right — there's no Class A/B/C chart. Each statute in Chapter 61 sets its own penalty, so grand larceny is 1–10 years while another offense may be capped at 1 year in jail. The only way to know your exposure is the specific code section you're charged under. The hotline can pull that up for you free: 1-844-690-0555.
What is the recidivist statute and could it affect me?
W. Va. Code § 61-11-18, amended in 2020, adds five years for a second qualifying conviction and can impose a life sentence on a third qualifying felony (priors more than 20 years apart don't count). The prosecutor files it as a separate information. If you have prior felonies, this can change everything — call 1-844-690-0555 before you make any decision.
Should I waive my preliminary hearing?
Usually not without advice. The preliminary hearing is your early window into the State's evidence, and if you're in custody it must be held within 10 days of your initial appearance. Waiving it gives that up. Get free information first by calling 1-844-690-0555.
Can I get a public defender in West Virginia?
If you can't afford a lawyer for a criminal or juvenile case, you apply through the court with an affidavit of eligibility, and Public Defender Services funds court-appointed counsel. Civil legal aid won't cover criminal charges. For help understanding the process, call 1-844-690-0555 free, 24/7.
Can I get a conviction expunged in West Virginia?
Possibly. Since the 2019 expansion of § 61-11-26, many misdemeanors (about one year after you finish the sentence) and certain nonviolent felonies (about five years after) can be expunged by petition to circuit court; § 61-11-25 covers dismissed or acquitted charges. Violent and some other offenses are excluded. Find out if your record qualifies — call 1-844-690-0555.
What does West Virginia's 'stand your ground' law actually allow?
Under § 55-7-22 you have no duty to retreat in your home or anywhere you have a legal right to be, but deadly force must still be reasonable and proportionate, and you can't be the one engaged in unlawful activity. It's narrower than people think. If self-defense is part of your case, call 1-844-690-0555 for free information.
Is the call really free, and are you a law firm?
Yes, the call is free and available 24/7. Legal Hotline is not a law firm and not a public defender; we provide legal information, not legal advice, and the call creates no attorney-client relationship. If you want a lawyer, we can help you book a paid consultation with a West Virginia-licensed attorney. Call 1-844-690-0555.
I was charged with DUI — is this the right page?
Drunk-driving in West Virginia has its own rules, including the DUI deferral program under § 17C-5-2b, and is covered on a separate page. But the basics here — bail, magistrate vs. circuit court, your right to counsel — still apply. For free information on a DUI or any charge, call 1-844-690-0555.
Can I be charged in federal court instead of state court?
Yes. Some West Virginia conduct (drugs, firearms, fraud) is prosecuted federally at the Robert C. Byrd U.S. Courthouse in Charleston for the Southern District. Federal rules, penalties and sentencing guidelines are different and often harsher. If you think your case may be federal, call 1-844-690-0555 for free information right away.
I can't afford a private attorney and I'm scared — what now?
Start with free information so you understand what you're facing, then apply for court-appointed counsel if you qualify, or use the State Bar Lawyer Referral Service for a low-cost consult. The hotline is the fastest first step, with no income test and no form. Call 1-844-690-0555 now, any hour.
We send West Virginia residents who need representation toward licensed local counsel every day. If you're a WV-licensed criminal defense attorney and want to receive matched consultation requests in your circuit, join our referral network. This is for attorneys only and is entirely separate from the free help we give callers.
General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.
Bond hearings, preliminary-hearing deadlines and recidivist exposure don't pause overnight, and every hour you stay silent and informed protects you. Call 1-844-690-0555 now — free, 24/7, in your language — for clear information on what you're facing and what to do next. Legal Hotline gives legal information, not legal advice, and creates no attorney-client relationship; if you want a lawyer, we can help you book a paid consultation with a West Virginia-licensed attorney.
Free legal information. Not legal advice.