May 2019 Archives

Trucker's conviction after fatal crash overturned

People in West Virginia who find themselves accused of serious crimes can often feel like they are at a big disadvantage when it comes to defending themselves. While the road may be challenging at times, it is important for defendants to remain assured that they do have the right to prove their innocence and be heard. One truck driver who is from Illinois but was involved in a serious crash in West Virginia knows this very well.

The history of Miranda rights

If you are like most people in West Virginia, you have watched multiple television shows or movies in which a person has been stopped by a law enforcement officer and questioned. Before any questions are asked, however, the person playing the officer first recites the words of what are known to be part of the Miranda rights. In short, these rights allow a person to legally refuse to respond to any police questioning without penalty.

Robbery is a wobbler charge

As is the case in many states, for an individual to face the criminal charge of robbery in West Virginia, typically a victim is present. When no person is present, the offense is technically a burglary. However, several factors determine whether the crime is a felony or a misdemeanor.

To beat a criminal charge, staying silent may be your best bet

If police officers suspect you have committed a crime, you can expect them to use a variety of techniques to elicit information from you. As you probably know, if you confess to a crime or otherwise incriminate yourself, avoiding a criminal conviction may become nearly impossible. 

What is illegal search and seizure?

If you are under arrest for drug charges in West Virginia, it is important you understand your rights. A good defense attorney will examine facts around search and seizure to see if legal authorities violated your protections under the Fourth amendment.

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