June 2018 Archives

Understanding attorney-client privilege

When one has been accused of and arrested for a crime in Wheeling, he or she will need all of the help and support that is available in order to endure the ordeal that may be ahead. A major source of that assistance may come from his or her attorney. Thus, it is essential that an attorney and an accused share a trusting relationship. The principle of attorney client privilege allows for this. According to the American Bar Association, attorney-client privilege prohibits a lawyer from sharing any information revealed to him or her by a client related to that client's representation (without, that is, the client's consent). 

What is a RICO violation?

If you face federal charges in West Virginia for having allegedly committed a RICO violation, this is a serious matter indeed. Even though RICO violations come under the heading of white collar crimes, which people generally think of as less serious than violent crimes, in this case, you face substantial prison time and substantial monetary fines if the federal prosecutor convicts you.

The rights restrictions that come with felonies

It goes without saying that a felony conviction in Wheeling brings with it a wide range of consequences. When clients facing felony charges come to see us here at The Scott C. Brown Law Office, their main concern is on the potential criminal penalties they may face. If you are also dealing with a felony arrest, your likely share the same worry (and for good reason). Yet even if you secure a favorable outcome to your case, having a felony on your record automatically means that you forfeit certain rights. 

Defining drugs in West Virginia

A drug arrest and/or conviction can bring with it several unintended consequences. On top of whatever criminal penalties you may end up facing, your reputation can also be severely damaged. Thus, we here at the Scott C. Brown Law Office are diligent in sitting down with clients to review whatever charges they may be facing to ensure that they are even warranted. Some might question how you can challenge the validity of drug charges (you either had them or you did not), yet in many cases, it may not be that simple. 

Seeking a change of venue

Facing criminal charges in any setting is never easy. However, there are certain cases where the unique nature of a supposed crime might make proceedings even more difficult. One of the basic tenets of the American criminal justice system is that every defendant is entitled to receive a fair trial in order to determine his or her guilt or innocence. The pursuit of that right can prompt changes to what sort of evidence is presented at trial, what exact charges one may face, or even where a trial is held. 

How does the appeals process work?

The appeals process is one of the areas of law that is often widely misunderstood. However, if you are convicted of or facing charges for a crime in West Virginia, it is a good idea to familiarize yourself with it just in case you ever need to use your appeal rights. According to the American Bar Association, the biggest misunderstanding about the appeals process is that the case is retried. This is not true because that would mean double jeopardy, which is illegal under your constitutional rights. The appeals process instead is based on examining errors the defense found in the first trial.

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