Appearing on Felony Charges Without a Lawyer in West Virginia

Attorney Answer

Yes — you need a lawyer, and you need to appear. Go to court, and do not answer a single question about the case without counsel. Involuntary manslaughter and wanton endangerment involving a firearm are felonies, and this appearance is a stage at which you have the right to an attorney.

W. Va. Const. art. III, § 14 provides that in such trials "the accused shall be fully and plainly informed of the character and cause of the accusation, and be confronted with the witnesses against him, and shall have the assistance of counsel, and a reasonable time to prepare for his defence." The Sixth Amendment right to counsel attaches once adversarial judicial proceedings begin and covers arraignment as a critical stage. That is precisely what a summons to appear on felony charges initiates.

On a day's notice, here is how counsel is actually obtained. W. Va. Code § 62-3-1 provides that "A court of record may appoint counsel to assist an accused in criminal cases at any time upon request." Appointed counsel for people who cannot afford an attorney runs through Public Defender Services under W. Va. Code § 29-21-1 et seq., which rests on the legislative finding that "the state is required to provide high quality legal assistance to indigent persons." The mechanics of arraignment and the assignment of counsel are governed by W. Va. R. Crim. P. 10 and 44.

The short notice does not change any of this. What it changes is that you may have to make the request in the courtroom rather than arrive with a lawyer already retained.

What you can do

1. Appear. Do not miss the date for any reason. Failing to appear on a felony summons produces a bench warrant and destroys your position on bond before the case has even started. 2. Tonight, call criminal defense attorneys in your area and tell them you have a felony arraignment tomorrow. Many will make a limited appearance for an initial appearance even without a full retainer in place. 3. If you cannot retain anyone, bring documentation of your income and assets, and tell the judge on the record that you are requesting appointed counsel under W. Va. Code § 62-3-1 and ask that nothing substantive proceed until counsel is appointed. 4. Do not enter a plea, do not agree to any statement, and do not answer questions from officers, deputies, or investigators — in the courtroom, in the hallway, or in the parking lot. 5. Say nothing about the facts to anyone but your lawyer. Not family, not friends, not social media. If you are held, understand that jail calls are recorded and used. 6. Bring what the court needs for bond: proof of residence, employment, family ties in the area, and any medical obligations. 7. Before you leave the courthouse, make sure you understand every condition of release imposed on you, when your next date is, and what you are required to do between now and then. Ask the court to repeat anything you did not follow.