The state cannot bring charges against individuals without sufficient evidence. Prosecutors generally need proof beyond a reasonable doubt that a defendant violated the law. Evidence ranging from reports explaining the forensic analysis of biological materials to...
Criminal Defense
How do you invoke your Miranda rights?
Most people have heard Miranda rights being read to people who are being taken into police custody. Even if only on TV. These rights include being able to remain silent and consult with an attorney before questioning resumes. Some people may believe that these rights...
Does West Virginia have a drug court program?
Many people who are arrested on drug charges serve time behind bars. Some are required to pay financial fines, which may be tied to the specific offense or the amount of drugs they had in their possession at the time. However, West Virginia does have a drug court...
Plea deals may resolve certain criminal cases
Cases that are moving through the criminal court system can take a long time to resolve. This is partially due to packed dockets and limited resources. Because of this, plea deals are often used to resolve these cases without having to go through a lengthy court...
Firearm offenses that will land you in trouble in West Virginia
In West Virginia, it is perfectly legal for you to carry a firearm provided you are at least 21 years old, a United States citizen and not prohibited from possessing firearms due to felony convictions, mental health adjudications or drug offenses. However, how you...
How seeing a different doctor could lead to drug charges
There are many reasons why an individual might need to see a doctor other than their usual primary care physician. Maybe their doctor is on vacation. Perhaps they have a difference of opinion with their doctor about the best treatment available. Generally speaking,...
3 top reasons people get arrested for drunk driving
The law makes it illegal to drive after having too much to drink. Individuals arrested for driving under the influence (DUI) charges are at risk of incarceration, financial penalties and license suspension. They may also face consequences for having a criminal...
Avoiding a holiday showdown at the family dinner: 3 tips
The winter holiday season is supposed to be a time of love, laughter and celebration – but it’s not exactly a big secret that family gatherings around this time of year can be problematic. Old grudges, intrusive questions, awkward conversations and differing political...
Can you buy recreational marijuana in West Virginia?
Many states have begun changing the way that they view marijuana in a legal sense. States like Washington. Colorado and California were some of the first to legalize recreational marijuana. But this trend has now moved across the country to states like Illinois and...
Can you clear your criminal background in West Virginia?
Clearing your criminal record, also known as expungement, can provide you with a fresh start by removing certain offenses from your public record. That means you may have an easier time finding a job or housing. The expungement process is governed by specific laws and...