August 2019 Archives

Do DUIs include drug usage?

In West Virginia, there are laws in place that determine how DUI-related cases will be handled. However, there are actually some differences in how these cases may be handled depending on whether a driver is accused of consuming alcohol, or using drugs.

Can you be convicted of attempted felony-murder?

West Virginia is one of many states that has the “felony-murder rule.” You may already know that intentionally killing another can rise to the level of first-degree murder. What is lesser known is that the felony-murder rule allows a first-degree murder conviction when the perpetrator did not intend to kill anyone. The statute outlines how this works. Basically, if someone is killed while one of the delineated felonies is being carried out, the person committing the felonies can be charged with first-degree murder even though he or she did not intend for the death to occur. The question then arises of whether someone can be convicted of attempted felony-murder under the rule when nobody died.  

How does incapacity affect ability to consent to intercourse?

Rape, or nonconsensual sexual intercourse, can be a serious felony in West Virginia. While you may know that physically forcing someone to have sex lacks consent, it is less widely understood how incapacity renders someone unable to consent. RAINN has comprehensive information about incapacity and inability to consent in West Virginia.

Understanding terrorist threats in West Virginia

In May of this year, a student at West Virginia University was arrested for threatening to enact a shooting spree at the school. According to CNN, the person privy to these comments alerted the police, who then arrested the student after an investigation led them to believe that the threat was legitimate. The student was incarcerated despite the fact that no guns or other weapons were found in his dorm room or on his person. 

How can you get your rights restored?

A criminal conviction in Wheeling may often result in the loss of many of your rights (particularly if an incarceration accompanies said conviction). Yet how long does that restriction of rights last? You may think that once you have completed your imposed sentence, all of the rights that were taken from you will restored. Yet is that truly the case? 

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