Understanding arraignment, discovery, pretrial motions, plea negotiations, and trial preparation
Being indicted is unsettling. By the time you’re reading the charges, you may have already been arrested, gone through magistrate court, and attended a preliminary hearing—or you may be learning about the case against you for the first time.
Here is the most important thing to understand at the outset: an indictment is not a conviction. It is a formal accusation that allows the prosecution to move forward. Before you can be convicted at trial, the State must prove every element of the charged offense beyond a reasonable doubt.
Knowing what comes next—and what work needs to happen at each stage—can help you make informed decisions and work with your attorney to prepare a defense.
This article explains what generally happens after a felony indictment in West Virginia. If you have been indicted and want to discuss your particular circumstances, contact Sayre Law Services, PLLC.
1. What a Felony Indictment Actually Means
In West Virginia, a grand jury reviews evidence presented by the prosecution and decides whether there is probable cause to charge someone with a crime. If it returns an indictment, that document identifies the charges—one count or several, depending on the allegations.
A grand jury proceeding is not a criminal trial. The grand jury does not decide guilt or innocence, and the accused generally does not have the same opportunity to challenge the State’s evidence that would be available at trial.
Under West Virginia Code § 62-2-1, the trial of a felony must be by indictment. An indictment may be returned whether or not the accused was previously examined or committed by a magistrate.
One exception to the indictment requirement is provided by Rule 7 of the West Virginia Rules of Criminal Procedure. Under that rule, a defendant may waive indictment for a felony that is not punishable by life imprisonment, provided the rule’s requirements are satisfied.
An indictment means the case is moving forward—not that the allegations have been proven.
2. The Case Moves to Circuit Court
Felony cases in West Virginia are generally prosecuted in circuit court.
Some cases begin with an arrest and an initial appearance in magistrate court, sometimes followed by a preliminary hearing to determine whether probable cause exists to hold the defendant for further proceedings. Other cases proceed directly to the grand jury.
Because an indictment can be returned without a prior preliminary hearing, a scheduled preliminary hearing generally will not go forward if the indictment is returned first.
Once the indictment is returned, the case proceeds in circuit court. You will typically receive notice of an arraignment or, depending on the circumstances, be brought before the court pursuant to a warrant or summons.
3. Arraignment: You Are Called Upon to Enter a Plea
Arraignment is usually one of the first court proceedings after indictment.
At arraignment, the court advises you of the charges by reading the indictment or explaining its substance. You receive a copy of the charging document and are called upon to enter a plea.
Under the West Virginia Rules of Criminal Procedure, available pleas include not guilty, guilty, and nolo contendere (no contest).
A plea of not guilty does not mean you have to prove your innocence. It places the charges at issue and allows the defense to investigate the allegations, review the evidence, file appropriate motions, and prepare for further proceedings.
Arraignment may also involve scheduling, representation, and conditions of release while the case is pending. Having counsel in place early can help you understand what is happening and what decisions may need to be made.
4. Bond and Conditions of Release
An indictment does not automatically mean that you will remain in jail until trial.
Depending on the charge, your circumstances, and any prior court orders, the circuit court may address bond or conditions of pretrial release. If you were previously released, you may remain subject to existing conditions, or the court may review them.
Release conditions can limit where you travel, whom you contact, and what you are required to do while the case is pending.
Those conditions should be taken seriously. An alleged violation can result in additional court proceedings and may affect your continued release.
Whether bond is available, and on what terms, depends on the particular case.
5. Discovery: Examining the State’s Evidence
Discovery is one of the most important stages of preparing a criminal defense.
It is the process of obtaining information and materials relevant to the prosecution and defense. Under Rule 16 of the West Virginia Rules of Criminal Procedure, the defense may seek categories of evidence that the State is required to disclose, subject to the rule’s requirements and limitations.
West Virginia Trial Court Rule 32.03 also addresses the discovery conference following a request for discovery.
Depending on the case, discovery may include:
- Police reports and recorded statements;
- Body-camera, surveillance, or other video footage;
- Photographs, recordings, and digital evidence;
- Laboratory reports and forensic testing;
- Relevant documents and physical evidence; and
- Other materials that must be disclosed under applicable law.
Obtaining discovery is only the beginning.
The materials must be reviewed carefully, compared against one another, and evaluated for reliability. It is also important to identify what may be missing.
A police report may describe what an officer believes happened. Body-camera footage, a witness interview, or a laboratory result may provide a different or more complete account.
The indictment tells the defense what the State alleges. Discovery helps the defense evaluate what the State may be able to prove—and what evidence may challenge its allegations.
6. The Defense Conducts Its Own Investigation
I do not assume that the State’s investigation identified every relevant fact.
Depending on the charges, an independent defense investigation may involve interviewing witnesses, examining the scene, reviewing records, preserving video footage, analyzing electronic communications, or consulting an expert.
Timing matters.
Surveillance systems may overwrite recordings, witnesses’ memories can fade, and physical conditions at a location may change. Evidence that is available shortly after an alleged offense may be more difficult—or impossible—to obtain later.
That is one reason to involve a criminal defense attorney early.
Sometimes an independent investigation reveals evidence that supports the client’s account. Other times, it may identify a gap in a witness’s recollection, a weakness in a forensic conclusion, or a legal question about how evidence was obtained.
The investigation should be guided by the particular allegations, the available evidence, and the defense’s theory of the case.
7. Pretrial Motions Can Determine What Evidence Is Admitted
A felony case may involve important legal questions that must be resolved before a jury is ever seated.
Under Rule 12 of the West Virginia Rules of Criminal Procedure, certain defenses, objections, and requests may be raised through pretrial motions.
Some objections are subject to pretrial deadlines, and failing to raise them on time can limit the defendant’s ability to pursue them later.
Depending on the case, the defense may consider motions addressing the following issues:
The indictment. Does the charging document adequately allege a criminal offense? Are there defects that require the court’s attention?
Searches and seizures. Was evidence obtained through a search or seizure that violated the defendant’s constitutional rights?
Statements to law enforcement. Were statements obtained under circumstances that raise constitutional or evidentiary concerns?
Discovery. Has the State produced the materials it is required to disclose? Is additional court intervention necessary?
Expert testimony and other evidence. Does proposed evidence satisfy the applicable rules governing admissibility?
A successful motion may exclude evidence, require additional disclosure, narrow the issues for trial, or, in appropriate circumstances, result in dismissal of a charge.
Filing a motion does not guarantee a particular outcome. However, the legal issues resolved before trial can significantly affect how a criminal case proceeds.
8. Plea Negotiations May Occur, but Trial Remains an Option
Not every indicted felony case proceeds to a jury trial.
After reviewing the evidence and evaluating the legal issues, the prosecution and defense may discuss a possible plea agreement. Those discussions may involve the charges, sentencing recommendations, or other terms relevant to the case.
Before deciding whether to accept a proposed agreement, you should understand the charges, the potential penalties, the rights affected by entering a plea, and the terms of the agreement.
A plea agreement is not the only possible resolution. You may choose to contest the charges and proceed toward trial.
The decision whether to plead guilty or proceed to trial belongs to you, made with the advice of your attorney.
That decision should be informed by the evidence, the applicable law, the available options, and your individual circumstances and goals.
9. If the Case Goes to Trial, the State Must Prove Its Case
If the charges are not otherwise resolved, the case may proceed to trial.
Trial preparation can involve developing a theory of the case, identifying witnesses, organizing exhibits, preparing examinations, addressing evidentiary questions, and evaluating how the evidence relates to each element of the charged offenses.
At trial, the burden of proof rests with the State.
The prosecution must prove the defendant’s guilt beyond a reasonable doubt. The indictment is a formal accusation, not evidence that the defendant committed the charged offense. The defendant is presumed innocent unless and until the State meets its burden.
If you are acquitted of a charge, you are not convicted of that offense. If you are convicted, sentencing and any available post-trial proceedings follow under the applicable law and court rules.
10. How Long Does a Felony Case Take After Indictment?
There is no single timeline that applies to every felony case.
How long a case takes can depend on the charges, the amount of discovery, the need for forensic testing or expert review, the number of witnesses, pretrial motions, court scheduling, and whether the case proceeds to trial.
West Virginia has statutory provisions addressing the time for trial.
West Virginia Code § 62-3-1 addresses trial during the term in which an indictment is found, subject to its statutory provisions.
West Virginia Code § 62-3-21, commonly called the three-term rule, generally addresses whether an accused has been tried within three regular terms of court after the term in which the indictment was found.
These provisions have exceptions, and their application depends on the procedural history of the particular case. Questions may arise concerning the timing of the indictment, the terms of court, continuances, delays attributable to the defendant, and other circumstances recognized by law.
Do not assume that a case must be tried within a particular number of calendar days merely because an indictment has been returned.
Questions about speedy-trial rights and statutory deadlines should be evaluated with counsel based on the governing law and the actual court record.
Why the Work After Indictment Matters
An indictment is a serious event, but it does not decide the outcome of a criminal case.
What follows—discovery, independent investigation, legal research, pretrial litigation, plea discussions, and trial preparation—is where the allegations are examined and the defense is developed.
Each stage presents an opportunity to evaluate the evidence, address legal issues, and determine how the defense should proceed.
An indictment is an accusation. The evidence, the law, and the work that follows determine what happens next.
If you or a family member has been indicted in West Virginia, contact Sayre Law Services, PLLC to discuss the charges, the circumstances of the case, and your available legal options.
Frequently Asked Questions About Felony Indictments in West Virginia
1. Does a felony indictment mean I have been found guilty?
No. An indictment is a formal charging document, not a verdict. The grand jury’s decision to return an indictment does not establish guilt. If the case proceeds to trial, the State must still prove the charged offense beyond a reasonable doubt.
2. Will I have to go to court after I am indicted?
Generally, yes. An indicted defendant will ordinarily have to appear for arraignment and other required proceedings unless the court authorizes a different procedure.
Your attorney can explain which hearings require your presence and what to expect at each stage.
3. Can felony charges be dismissed after an indictment?
Yes. An indictment does not guarantee that every charge will proceed to trial or result in a conviction.
Charges may be dismissed in appropriate circumstances, including as a result of a legal ruling or a decision by the prosecution. Whether dismissal is available depends on the facts and applicable law governing the case.
4. Can I be released on bond after a felony indictment?
Release may be available, but it is not automatic.
The court may consider the charged offense, your circumstances, applicable law, and any existing release conditions. Some cases involve restrictions on release.
An attorney can review the bond issues presented by your particular charges and circumstances.
5. How soon should I speak with a criminal defense attorney after being indicted?
As soon as possible.
Arraignment, discovery, investigation, and pretrial motions can raise issues that should be addressed early. Some evidence also becomes more difficult to preserve as time passes.
Early legal advice can help you understand your court dates, release conditions, and the decisions you may need to make as the case progresses.
Criminal Defense Representation Throughout West Virginia
Sayre Law Services, PLLC is based in Parkersburg, West Virginia, and I represent individuals facing criminal charges in courts throughout the state.
I am currently accepting criminal-defense matters in Wood, Wirt, Pleasants, Ritchie, Doddridge, Gilmer, Calhoun, Roane, Jackson, Mason, Tyler, Wetzel, Marshall, Ohio, Harrison, Monongalia, Marion, Kanawha, Cabell, Putnam, and Taylor Counties.
Whether you are facing a misdemeanor, a felony indictment, or a serious criminal charge that may proceed to trial, my focus is on thorough investigation, careful preparation, and protecting the rights of the accused.
If you or a family member has been indicted, contact Sayre Law Services, PLLC to discuss your case and your legal options.
Legal Advertisement. This article is provided for general informational purposes and is not legal advice. Every criminal case is different, and the applicable law and available defenses depend upon the particular facts and circumstances.