Carrico Law Offices LCCarrico Law Offices LC2026-07-23T08:39:57Zhttps://www.carricolaw.com/feed/atom/WordPress/wp-content/uploads/sites/1603050/2021/10/cropped-carrico-site-icon-32x32.pngOn Behalf of Carrico Law Offices LC<![CDATA[What to expect when the court investigates custody]]>https://www.carricolaw.com/?p=475032026-07-23T08:39:57Z2026-07-23T08:39:57ZWhen a custody dispute reaches a West Virginia family court, the judge sometimes needs more than each parent's version of events. The court may then bring in a neutral person to study your family and report back. Knowing why a judge orders that review, and how the report shapes your hearing, can make the process far less unsettling.
Reasons the court may order a custody investigation
Judges here do not order an investigation in every case. Often they step in when parents dispute the facts, or when a parent's fitness or a child's safety is in question. If serious allegations of domestic violence or abuse arise,West Virginia's custody investigation law generally requires the court to order an investigation or appoint someone to examine them, unless the necessary information will reach the court another way. A judge may also order one simply to gain an independent picture.
Information the investigator may gather about the family
The court may assign court staff, a trained social service professional or a guardian ad litem, meaning an attorney who represents your child's best interests.Rules governing guardians ad litem require that person to act as an independent fact finder and to testify if asked.To build a full picture, the investigator may interview each parent, your child and others who know your family, such as teachers or doctors. They may also review school, medical and court records and sometimes visit each home.
Impact of the investigator's report on the custody hearing
The investigator then prepares a written report and gives both parents a copy at least ten days before the hearing, unless the court shortens that time for good cause. The report often carries real weight, because it offers the judge an outside view.Even so, it does not bind the court. The judge weighs it alongside the other evidence and thefactors that guide custody decisions in this state. Either parent may also call the investigator as a witness and question the findings.
Preparation that can help before the custody hearing
You cannot control what the investigator concludes, but you can prepare. Stay honest and cooperative, because evasiveness tends to raise more questions than it answers. Keep steady records of your involvement in your child's daily life, from school pickups to medical appointments. Frame your answers around your child's needs rather than the other parent's shortcomings. When the report arrives, read it closely with your attorney so you can address anything you dispute.A custody investigation is not a verdict on you as a parent. It is one tool the court uses to protect your child's best interests. Approaching it with honesty and preparation puts you in the strongest position to tell your side clearly.]]>On Behalf of Carrico Law Offices LC<![CDATA[Suppressing evidence after police officer misconduct]]>https://www.carricolaw.com/?p=475022026-07-16T09:04:16Z2026-07-16T09:04:16ZNot all evidence is admissible
For evidence of criminal activity, ranging from items found during a search to confessions, to be admissible in court, police officers must follow strict standards when gathering that evidence. There are many rules that apply to searches depending on the type of search conducted. There are also clear standards for questioning people in state custody.
If police officers violate a person’s rights, the evidence they secure becomes “fruit of the poisonous tree.” A defense attorney can ask the courts to consider the misconduct of police officers and suppress or exclude the evidence.
The prosecutor may not be able to present a confession or contradictory statements made after a violation of a person's Miranda rights during a trial. Any evidence found during an unlawful search is also eligible for suppression. Excluding key evidence is often an important component of a successful defense strategy.
A criminal defense attorney can help people determine if police misconduct might affect their criminal case. Securing the support of an attorney early in the criminal justice process can protect people from unfair charges and unnecessary convictions.]]>On Behalf of Carrico Law Offices LC<![CDATA[What should parents know before filing for divorce?]]>https://www.carricolaw.com/?p=475012026-07-11T12:51:18Z2026-07-11T12:51:18ZDivorces involving children often require considerable documentation, such as forms that mandate answers about the marriage, income, expenses and needs of the children. These documents must be filled out completely, even if the parents agree on the terms to include in their parenting plan.
Outlining a parenting plan
One of the most important things that parents have to do when children are affected by a divorce involves getting their parenting plan written. This will outline where the children will live, how time will be shared, how transportation is handled and how decisions related to the children will be made. It’s not enough to have one parenting time schedule. Instead, alternatives based on school schedules and holidays also have to be set.
Parenting plans have to be approved by the court, which means they must always be set based on the best interests of the child. The court will look at a variety of things when trying to determine if a plan that both parents agree on should be approved.
Money matters
Divorce can also change a household’s budget. For cases involving children, child support is usually a consideration. Additionally, parents need to think about medical insurance, school expenses and extracurricular activity fees when planning for how things will go moving forward.
Filing for divorce is a major step for parents, and proper planning may make this a bit less stressful. Because these matters are so complex and consequential, it’s usually best to work with a legal professional who can assist throughout the process.]]>On Behalf of Carrico Law Offices LC<![CDATA[What to bring to your first criminal defense consultation]]>https://www.carricolaw.com/?p=475002026-07-10T16:13:08Z2026-07-10T16:13:08ZCourt documents
Bring every paper you have received about your case, even if you are unsure whether it matters. Those records often include important information about the charges you face, upcoming court dates and any conditions you are expected to follow while your case is pending.
If possible, gather items such as:
Citations or tickets
Criminal complaints or charging documents
Court notices
Bond or bail paperwork
Any paperwork provided by law enforcement
Having these records together helps your attorney quickly understand where your case stands and identify what needs attention first.
Your account of what happened
Writing down your recollection while it is still fresh can provide valuable context that official reports may not include. Rather than relying on memory during your meeting, prepare a simple timeline that explains what happened before, during and after the incident.
Include details such as the date, time, location and the names of anyone who was present. If you believe someone witnessed what happened or has information that could help explain the situation, make a note of that as well. A clear timeline gives your attorney a better starting point when evaluating your case.
Relevant records and communications
Save any information connected to your case before your consultation. Helpful materials may include text messages, emails, photographs or contact information for potential witnesses if they relate to what happened.
Leave these records exactly as they are instead of deleting, editing or reorganizing them. Preserving the original information allows your attorney to review it in context and determine whether it could affect your defense.
Give your attorney a strong starting point
Your first consultation is the beginning of a conversation, not a test you have to pass. Bringing the information you already have gives your attorney a clearer picture of your situation, allowing you to spend more time discussing your options and what comes next. If you are unsure which records to gather first or need help obtaining them, ask before your consultation.]]>On Behalf of Carrico Law Offices LC<![CDATA[Co-parents need parenting plan provisions for sick days]]>https://www.carricolaw.com/?p=474992026-06-22T02:08:03Z2026-06-22T02:08:03ZMost parenting plans address regular schedules, holidays, vacations and transportation arrangements. However, many parents overlook an issue that inevitably arises at some point: illness. Whether it is a child with the flu or a parent recovering from a serious medical condition, sickness can quickly disrupt even the most carefully organized custody schedule.
To that end, including clear sick-day provisions in a parenting plan can help to minimize confusion and conflict when these situations occur.
Why make this effort?
When children become ill, co-parents may have very different opinions about what should happen next. One parent may believe that their child should remain in one home until they recover, while the other may expect the regular parenting schedule to continue. A parenting plan can establish expectations regarding temporary schedule adjustments, medical appointments, medication administration and communication about a child's condition.For example, parents may agree that the parent caring for a child during an illness will promptly share information about symptoms, diagnoses and treatment recommendations. The plan may also address how emergency medical decisions will be handled and whether virtual parenting time should be offered if a child is too sick to travel.Parents should also consider what should happen when one co-parent or the other becomes ill. A parent recovering from surgery, dealing with a contagious illness or experiencing a significant health issue may be temporarily unable to exercise parenting time as scheduled. Without clear guidelines, disagreements can arise regarding whether parenting time should be modified and how missed time will be made up.Some parenting plans include provisions allowing parents to request temporary schedule changes during illnesses while encouraging reasonable cooperation between the parties. Others establish procedures for offering make-up parenting time when a parent's illness prevents them from caring for the child.Illness is a normal part of life, but it can create significant stress for co-parents when expectations are unclear. By addressing both child illnesses and parental illnesses in advance, an entire family can benefit from less stress and greater clarity. ]]>On Behalf of Carrico Law Offices LC<![CDATA[Motorists, avoid a DUI charge this summer]]>https://www.carricolaw.com/?p=474962026-06-12T20:20:46Z2026-06-12T20:19:22ZWith 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 for drinking libations at summer celebrations. The barbecues, cook-outs and picnics, boating trips on lakes and rivers, the graduation celebrations and more all create a heady brew of circumstances for drivers to get stopped on suspicion of impaired driving.
Summer safety campaign approaching
Like other states, West Virginia participates in the nationwide safety campaign “Drive Sober of Get Pulled Over.” This high-visibility enforcement campaign puts more officers and troopers on the state’s highways and byways during holidays like the upcoming Fourth of July holiday next month.The increased patrols increase the likelihood of getting pulled over for drunk driving. Recent statistics indicate that over a five-year span, at least 23% of traffic deaths were attributable to alcohol usage and impaired driving.
What drivers need to know
Drunk driving arrests can complicate lives in ways many motorists have never considered. From the consequences to personal and professional lives to the expense of fines and bail bonds, driving under the influence convictions should be avoided at all costs.Drivers should do all they can to minimize the chance of impaired driving arrests, including arranging for sober drivers, taking rideshares and refraining from driving if they have consumed alcohol.
Not all arrests lead to convictions
Simply being arrested on suspicion of DUI does not guarantee a conviction in court. By learning more about your rights and responsibilities during traffic stops, you may be able to mitigate the circumstances of your arrest.]]>On Behalf of Carrico Law Offices LC<![CDATA[Contested divorce: What happens when you and your spouse disagree]]>https://www.carricolaw.com/?p=474952026-05-29T13:58:38Z2026-05-29T13:58:38ZWhat makes a divorce contested?
Disagreements in a contested divorce might involve how to divide marital property or who gets custody of children. West Virginia law requires the court to step in and resolve these disputes when parties cannot reach an agreement on their own.
Compared to an uncontested divorce, these cases take longer and may involve more legal procedures. You will likely need to attend court hearings where a judge makes final decisions on disputed matters. As such, it can help to understand how the state makes decisions related to divorce.
How does the court divide property in West Virginia?
West Virginia follows equitable distribution laws for dividing marital property. This means the court begins with a presumption that all marital property is split equally (50/50). A judge may adjust this distribution if specific monetary or non-monetary contributions show an unequal split is fairer. Judges consider factors like the length of the marriage, each spouse's contribution to marital property and individual economic circumstances.
Separate property that you owned before marriage typically remains yours. However, proving what qualifies as separate property requires proper documentation. The court will examine all your assets, including real estate, retirement accounts and personal belongings.
What factors determine child custody?
When spouses disagree about custody, West Virginia courts apply a presumption that equal (50/50) shared parenting time is in the child's interests. This presumption can be overturned if a parent provides compelling evidence that an equal split would harm the child. Judges will evaluate multiple factors during this process:
The judge may order a custody evaluation to gather more information about your specific situation. In some cases, the child's preferences might influence the decision. Under West Virginia law, a child who is 14 years of age or older has the right to express which parent they wish to live with. While the court gives this preference serious weight, the judge always retains the ultimate authority to override a teenager's wishes if the choice does not serve the child's true best interests.
Preparing for divorce proceedings
Contested divorces in West Virginia often take longer than uncontested ones. Most contested divorces require several months to over a year to finalize. The timeline depends on how many issues remain in dispute and whether you reach settlements along the way. It’s important to be aware of how these distinct state factors impact your case.]]>On Behalf of Carrico Law Offices LC<![CDATA[Getting help for an overdose can provide some legal immunity]]>https://www.carricolaw.com/?p=474932026-05-28T03:29:22Z2026-05-28T03:29:22ZBeing 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 arrest if first responders arrive with police close behind them.
Too many people leave the scene rather than call for help, and minutes can make all the difference between a nonfatal and fatal overdose. That’s why states have enacted laws that provide some immunity from drug-related charges for those who seek help for an overdose.West Virginia’s law is called the Alcohol and Drug Prevention and Clemency Act. It provides immunity for relatively minor drug and alcohol-related charges for those who get emergency help for someone whom they reasonably believe to be overdosing.
What does the law say?
Specifically, the law states that a person won’t be charged or prosecuted for lower-level possession or delivery of a controlled substance offenses, possession of drug paraphernalia, public intoxication or a variety of offenses related to underage drinking or public intoxication if they seek medical help for an overdose. To qualify for this immunity, the person must remain with the overdose victim until help arrives, identify themselves to first responders if asked to do so and cooperate as requested.West Virginia law also provides limited immunity to the person who is suffering the overdose “if, after receiving emergency medical assistance, the person participates in, complies with, and completes a substance abuse treatment or recovery program approved by the court. Alternatively, a court may consider…alternative sentencing and clemency options.” The law is meant to provide immunity for relatively minor drug-related charges that would stem from personal use. It doesn’t cover more serious drug crimes like manufacturing or trafficking or offenses not related to drugs and alcohol. It’s important to note, however, that a person’s Good Samaritan actions can be “considered by a court or jury as a mitigating factor in the sentencing phase of a criminal proceeding in a prosecution for which immunity is not granted…[if] the criminal proceeding was instituted based on conduct or evidence obtained as the result of the defendant seeking emergency medical assistance….”If you believe that you were wrongly charged with an offense for which you should have immunity or for which you’re not guilty, it’s crucial to get legal guidance as soon as possible to protect your rights and make your case.]]>On Behalf of Carrico Law Offices LC<![CDATA[Tax fraud vs. tax mistake: Understanding the difference]]>https://www.carricolaw.com/?p=474892026-05-18T02:09:59Z2026-05-18T02:08:08ZIntent matters
A tax mistake is generally an unintentional error made while preparing a return. Tax laws are complex, and it’s easy to misunderstand deductions, miscalculate income or overlook reporting requirements.
In many situations, the IRS handles these issues through correction notices, audits or civil penalties. These consequences can be financially serious, but they are usually not criminal matters.
Tax fraud involves intentionally deceiving the government to avoid paying taxes or to obtain money unlawfully through the tax system. Federal prosecutors and the IRS typically look for evidence that someone intended to mislead tax authorities, such as:
Deliberately underreporting income
Hiding assets
Creating false deductions or fake business expenses
Maintaining multiple sets of financial records
Failing to file returns for several years
Using another person’s identity for tax purposes
If investigators believe the actions were intentional, the matter can become a criminal investigation.
Intent is one of the most important factors in any tax fraud case. Prosecutors generally need to show that the taxpayer knowingly and willfully violated the law.
A strong indication of intent is found in patterns of behavior rather than isolated errors. Altered records, misleading statements or efforts to conceal transactions can be used to argue fraudulent intent.
While tax mistakes often result in civil consequences, such as additional taxes owed, interest charges and late penalties, tax fraud can lead to criminal charges. A conviction can result in substantial fines, restitution obligations, probation and imprisonment.
If you suspect you are being investigated for tax fraud, it’s crucial to take the situation seriously. Statements made to investigators, emails and financial records can become evidence. A legal professional can evaluate the allegations and determine the best course of action.]]>On Behalf of Carrico Law Offices LC<![CDATA[Has your spouse begun spending more before divorce?]]>https://www.carricolaw.com/?p=474872026-05-01T18:34:36Z2026-05-01T18:34:36ZThe financial side of a divorce can be complex, and it is important to keep an eye on your spouse’s spending. This may be true even before the divorce has been finalized. If there are significant changes, especially if spending has increased, that is a red flag that they could be trying to dissipate marital assets.
The dissipation of these assets just means spending them down in a way that is not otherwise necessary. It is natural that your spouse will still have expenses both before and during the divorce. It can take months before the two of you finalize your divorce, so spending is not necessarily prohibited. But unnecessary purchases could be done intentionally to waste those assets.
Why would this help your spouse?
Dissipation is often carried out by those who have a higher earning potential. They are trying to avoid dividing the assets with their ex.For instance, say that you and your spouse have $200,000 in savings. You are anticipating that you will receive roughly $100,000, as you have both contributed to this account. That is helpful because you only work part-time and have a limited income, while your spouse has a full-time job and is a high earner.In the months before the divorce, though, your spouse may set out to spend as much of that $200,000 as they can on themselves. They still benefit from those purchases, but if they spend the account down to $20,000, then you may only receive $10,000. They are essentially trying to spend $90,000 that otherwise would have gone to you.Naturally, the exact figures above are just an example to show how dissipation works and how it can be harmful, and every case will be unique. But if you believe your spouse is doing this, you need to know what legal steps to take to protect your property rights during the divorce.
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