Police officers have an obligation to follow and uphold the law. In some cases, their eagerness to enforce the law may result in them violating the rights of people they suspect of criminal activity. Police officers sometimes conduct warrantless searches without...
Criminal Defense
What to bring to your first criminal defense consultation
Meeting with a criminal defense attorney for the first time is your opportunity to explain your situation and begin building a legal strategy. To make the most out of that meeting, bringing the right information can help clarify the circumstances and identify the...
Motorists, avoid a DUI charge this summer
With summer only days away, many people are out on the roads in force. Summertime is always a period of increased traffic on the highways due to travelers heading to vacation destinations and the influx of newly licensed drivers. Add into the mix the many occasions...
Getting help for an overdose can provide some legal immunity
Being around someone who appears to be suffering a drug overdose can be extremely frightening – especially for someone who is also using or in possession of illegal drugs. While most people’s instinct is to call 911, that instinct may be overwhelmed by a fear of...
Tax fraud vs. tax mistake: Understanding the difference
Filing taxes is stressful, especially for business people, independent contractors and anyone managing multiple sources of income. Errors happen more often than many people realize. However, not every tax issue is considered criminal conduct. There is a major...
Money laundering charges must be handled carefully
Money laundering occurs when money that’s made from illegal activities is put through various steps to make it appear like it was legally earned. This includes moving the money through businesses, accounts, and transactions so it’s difficult or impossible to trace....
First DUI vs. second DUI in West Virginia: What really changes?
Getting a driving-under-the-influence (DUI) charge is a serious matter. The legal system often provides a path toward rehabilitation for a first offense. However, if a second DUI occurs within a 10-year look-back period, the state shifts its focus from education to...
Can a DUI charge be dismissed because the stop was unlawful?
Under the Fourth Amendment, law enforcement needs reasonable suspicion to pull over a vehicle for suspected drunk driving. This means that officers must point to specific facts suggesting a traffic violation or criminal activity before stopping you, not just a gut...
How long must defendants wait before seeking an expungement?
Expungement is the official legal process through which the state seals records of criminal matters. People with arrests, charges and sometimes even convictions on their criminal records can ask the courts to expunge or seal their criminal records. They can then...
If you are under 21, you have a different legal limit
If you ask most drivers about the legal limit for blood alcohol concentration, they will probably tell you that West Virginia law sets it at 0.08%. This is consistent across all 50 states, and most people learn this in driver’s ed classes. If a driver reaches or...