What Happens Immediately After a Criminal Charge?
When someone is charged with a crime in Morgantown, WV, the immediate steps can be confusing and stressful. Typically, law enforcement will either arrest the individual at the scene or issue a summons requiring a court appearance. In some cases, especially for less serious offenses, the accused may be released on personal recognizance and instructed to appear in court for an arraignment.
Key things to expect:
- Law enforcement must inform the person of the charges being filed.
- An arrest might lead to a short stay at the North Central Regional Jail or the local holding facility until a magistrate hearing.
- Cash bail, bond, or conditions of release often come next, depending on the type and severity of the charge.
Area residents sometimes believe an arrest means someone will be held in jail until trial, but for many offenses in the city, release is possible if bail or other requirements are met.
What Is an Arraignment and What Should You Expect?
The arraignment is usually the first court appearance after being charged. Here, the magistrate or judge informs the individual of the charges and possible penalties. Next, the accused can plead guilty, not guilty, or, in rare cases, no contest.
During this brief hearing in Morgantown:
- The right to an attorney is explained. If the accused cannot afford a lawyer, the court will discuss eligibility for a public defender.
- Bail and any conditions of release may be revisited.
- The next court dates will be scheduled.
Many local residents are surprised by how quickly this stage occurs—often within a day or two of the arrest, especially for charges made during common nightly police patrols or weekend events.
What Happens After Arraignment in Morgantown?
After arraignment, the legal process enters a pretrial phase. The main priorities now are gathering evidence, reviewing police reports, and preparing any legal defenses. Both the prosecution and the defense will share information in what the legal system calls “discovery.”
Here’s what usually happens:
- Attorneys may negotiate behind the scenes for reduced charges or plea deals, especially for first-time, non-violent offenses.
- Evidence from both sides is exchanged, including any surveillance footage, witness statements, or forensic results.
- The court may schedule additional hearings to resolve issues before trial.
This phase can take weeks or, occasionally, several months, relying heavily on how quickly law enforcement, labs, and witnesses can supply necessary information.
Do You Have to Go to Trial for Every Criminal Charge?
No, not every case in Morgantown ends up in a trial. In fact, many are resolved beforehand. Common reasons a case may not proceed to a jury trial include:
- The prosecution drops charges if insufficient evidence is present.
- Plea agreements are reached, where the accused pleads guilty to a lesser charge and avoids trial.
- Diversion programs or pre-trial interventions sometimes available for specific low-level offenses.
For more serious charges, or if no agreement is reached, the case proceeds to trial—either before a judge (bench trial) or a jury, depending on what is allowed in West Virginia courts and the preference of the person charged.
What Rights Do You Have During This Process?
Area residents have the same constitutional rights as anyone facing a criminal charge, including:
- The right to remain silent when questioned by police
- The right to legal representation at all stages of the process
- The right to a fair and public trial
- The right to confront witnesses and challenge evidence

Understanding these rights can help reduce fear and confusion. For those in university housing or student settings, campus policies may add disciplinary layers, but criminal court procedures remain the same for everyone in Morgantown.
What Are the Common Mistakes to Avoid After Being Charged?
Many make errors out of panic or lack of information. The following missteps can make a situation worse:
- Speaking to law enforcement or others about the details of the alleged offense without a legal advisor present.
- Failing to appear at court dates. Missing a hearing almost always causes a warrant for arrest and added complications.
- Posting about the case or related details on social media, which can be used as evidence.
- Ignoring paperwork or assuming a charge will ‘go away’ if no immediate jail time results.
Neighborhood residents, especially students and newcomers, sometimes underestimate the seriousness of even minor charges in the local legal system.
What Are Possible Outcomes After a Charge Is Filed?
Outcomes depend on the type and severity of the offense, the available evidence, and the individual’s prior history. In Morgantown, typical resolutions may include:
- Case dismissal, if there is insufficient evidence
- Plea deals for lesser charges or reduced penalties
- Completion of diversion or rehabilitation programs, particularly for first-time or substance-related offenses
- Probation, fines, or community service as alternatives to jail
- Jail or prison time for felony or repeat offenses
Each situation is unique. The legal system in the city weighs factors such as harm caused, intent, and risk to community safety.
What Support Resources Are Available Locally?
Navigating a criminal charge can be isolating. Morgantown area residents may seek practical support from:
- Public defender’s offices for legal advice if eligible
- Confidential helplines for emotional support
- Nonprofit organizations that offer help with housing, jobs, or substance challenges after a charge
Public records regarding court dates, procedures, and forms are available online through state and county websites, helping residents manage the logistics of their case.
About the Author
Frank Walker
Frank Walker earned his J.D. from West Virginia University in 2003, following earlier degrees in Education/Leadership and Criminal Justice. After several years as a Pennsylvania trial attorney, he founded his own practice in Morgantown, WV so he could represent anyone in need—focusing solely on criminal defense across northern West Virginia.
