What Does It Mean to Be Indicted in West Virginia? 2024

For those facing an indictment in West Virginia, you may be feeling overwhelmed and unsure about what steps to take next. It’s important to remember that an indictment does not mean that you have been found guilty; rather, it is the beginning of the criminal defense process. It is important to take immediate action and protect your rights and interests. People facing an indictment may ask the question, “What does it mean to be indicted in West Virginia?”

A Breakdown of Indictments in West Virginia

An indictment is issued by a grand jury and is a formal criminal charge. In the state of West Virginia, more serious crimes, such as felonies, require a grand jury indictment to bring charges forward. Criminal complaints can be brought forward in the state for more minor misdemeanor crimes by prosecutors or law enforcement without going through the grand jury process.

A grand jury is a group of citizens who have been selected to review evidence brought forward by the prosecution behind closed doors. During the grand jury evaluation of evidence, the defense is not present to represent their side of the story. If the grand jury determines that the evidence is sufficient to prove probable cause that the accused committed the crime, they can issue an indictment.

An indictment does not mean that the defendant has been found guilty; it is rather an initiation of the criminal defense process.

West Virginia Crimes That Require Indictments

Indictments are usually required for felony charges in West Virginia, such as drug distribution or trafficking, violent crimes like assault or murder, burglary or arson, or embezzlement or fraud. Misdemeanor charges can typically be directly filed by prosecutors or law enforcement based on belief of probable cause, without the need for a grand jury indictment.

Steps Following an Indictment

After an indictment has been issued in West Virginia, an arraignment will need to be held. During arraignment, the accused has their charges formally presented to them in court and will need to enter a plea. Plea options include no contest, guilty, and not guilty. A skilled attorney can inform defendants on what plea option may be optimal for their case, depending on factors like criminal history, circumstances of the arrest, and the evidence against them.

After arraignment, pretrial proceedings take place, in which each side must adequately prepare for trial. This can include a discovery where both sides exchange evidence collected, in addition to motions and plea negotiations. If the accused does not reach a plea agreement with the prosecution or get their charges dropped, the case may proceed to trial.

At trial, the prosecution bears the burden of proving the defendant’s guilt beyond a reasonable doubt. An experienced criminal defense lawyer can work to question the accuracy and sufficiency of the evidence brought forward by the prosecution, the constitutionality of any related legal processes, and the legality of arguments to challenge their case on all sides.

Responding to an Indictment

If you’ve been indicted in West Virginia, it’s crucial to seek legal representation as soon as possible. A lawyer can review the evidence against you and build up a strong defense strategy, as well as help you understand the charges and your rights in the situation.

FAQs:

What Does It Mean to Be Indicted in West Virginia?

Being indicted in West Virginia means that a grand jury, or group of nonpartisan appointed people, has reviewed the evidence against you brought forward by the prosecution and believes it is enough to formally press charges. It’s important to note that an indictment does not mean you have been found guilty; it is not a conviction. An indictment is rather the beginning of the criminal defense process.

How Is an Indictment Different From an Arrest in West Virginia?

An indictment is different from an arrest because an arrest happens when law enforcement takes someone’s information and brings them into custody on the basis of probable cause that they committed a crime. An indictment constitutes formal charges that have been decided upon by a grand jury for more serious crimes in West Virginia upon reviewing relevant evidence brought forward by the prosecution.

What Crimes Typically Require an Indictment in West Virginia?

In West Virginia, the types of crimes that typically require an indictment for charges to be pressed are more serious crimes like felonies. In West Virginia, misdemeanor charges can typically be filed directly by the prosecution or law enforcement without the need to go through the entire grand jury process. A skilled criminal defense lawyer can help you understand the indictment process and how it may impact your case.

What Is a Grand Jury in West Virginia?

In West Virginia, a grand jury is a group of citizens residing in the state who have been picked to review evidence brought forward by the prosecution. The grand jury has the job of determining whether there is sufficient evidence to prove probable cause that the accused committed a serious crime. As grand jury proceedings are confidential, they do not involve representation of the defensive side of the story.

What Happens After You Are Indicted in West Virginia?

If you have been indicted in West Virginia, your case may move to arraignment, where you will receive formal charges and enter into a plea. After arraignment, you will receive a schedule for pretrial hearings and plea negotiations. If necessary, a trial date will be assigned. A skilled criminal defense lawyer can protect your rights and interests and work to present your side of the story to the courts if you have been indicted.

Protect Your Rights and Interests With a Skilled Criminal Defense Lawyer

If you’ve been indicted or are going through the indictment process, it is crucial to have an experienced criminal defense attorney on your side who can help you mount a strong defense and ensure your rights are protected. An experienced attorney from Crowe Law, LLC can work closely with you on your case to review all the evidence, help you gather counter-evidence, and design and implement an optimal defense strategy. Contact us today.