Domestic violence is a serious issue in West Virginia. For this reason, the law empowers judges to impose protective orders on someone accused -- but not convicted -- of domestic assault, or of making threats.Commonly known as restraining orders, protective orders...
Year: 2015
West Virginia Supreme Court: prosecutors must disclose DNA evidence
In a potentially very important ruling for the obligations of prosecutors in West Virginia to disclose evidence, the state Supreme Court ruled that the fact that a man's due process rights were violated when the prosecution negotiated a plea bargain with him, knowing...
Conspiracy and attempt crimes explained
In criminal law, it is not always necessary to actually complete a crime in order to face prosecution. Being part of a conspiracy to break the law, or even a failed attempt to do so, exposes the accused to incarceration, fines and so on, just as if the crime had...
What the 6th Amendment promises, besides the right to a lawyer
The main text of the U.S. Constitution mostly sets out how power is divided between the three branches of the federal government. That leaves the Bill of Rights to guarantee many of our most important individual rights.When it comes to your rights in the criminal...
Phone call tapes allowed in ex-Massey CEO white collar crime case
The rulebook governing whether a piece of evidence should be admitted into a criminal trial is long and complex. Judges are supposed to follow those rules closely, but ultimately it often comes down to a judgment call. These decisions can dramatically affect the...
Medical marijuana could come to West Virginia someday
Readers are likely aware that there is more support in West Virginia Legislature to allow medical marijuana than perhaps there has ever been. During the previous session, a bill sponsored by the state Senate Majority lead had bipartisan support, but failed to pass...
Nobody who drives in West Virginia is immune from DUI charges
There are many people in West Virginia who think that they could never be arrested on suspicion of drinking and driving. It is natural to believe that you are somehow immune from attention from police attention on the road, until the night you see the red and blue...
How prescription drugs can lead to criminal charges, too
Let’s say you suffered from back pain several months ago, but you have since recovered. To manage the pain, your doctor prescribed painkillers, and you have a few pills left over that you never needed.One day, your neighbor slips and falls on some ice in front...
Probation is not an ‘easy’ sentence, part II
In our last post, we discussed how heavy of a sentence probation can be. Though a person on probation has more freedom than those behind bars, this form of criminal sentence can impose a heavy, expensive burden, and result in the defendant being sent to jail anyway,...
Probation is not an ‘easy’ sentence, part I
Some people believe that probation is a “slap on the wrist” and insufficient punishment for breaking the law in all cases. And indeed, being sentenced to probation, or agreeing to probation as part of a plea bargain, is preferable to jail or prison for...