November 2019 Archives

Woman facing drug charges after allegedly consenting to search

A 33-year-old West Virginia woman was charged with six felony drug counts after allegedly giving police consent to search her home and phone on the afternoon of Nov. 15. During the searches, a West Virginia State Police trooper says that he discovered undisclosed but reportedly significant quantities of marijuana and methamphetamine along with a large amount of U.S. currency and drug packaging materials. The Marion County resident is being held at the North Central Regional Jail on charges including drug possession, drug possession with the intent to deliver and conspiracy to deliver illegal narcotics.

How unconscious bias may affect a judge's decisions

Some judges in West Virginia may be guided in their decisions by unconscious bias, and this could hurt defendants. Unconscious bias occurs when one is prejudiced against a group even when this goes against their conscious feelings about the group. Since research suggests that many judges use their intuition more than logic to make judgments, unconscious bias could have a far-reaching effect.

Can you avoid a sobriety checkpoint?

Whether you are attending a University of West Virginia football game, going to a concert or catching up with old friends, you may want to have a few beers or a couple of cocktails. Still, you do not want your otherwise fun evening to turn into a legal nightmare. If you drink and drive, though, you may have to defend yourself aggressively to avoid DUI penalties. 

There may be reason to doubt Breathalyzer results

Breathalyzer test results used in West Virginia may not be accurate. A report from the New York Times found that roughly 30,000 cases were thrown out in New Jersey and Massachusetts over a period of 12 months. Human error is one reason why Breathalyzer results may be incorrect, but the machine itself could simply be defective at the time a test is administered. One police department tried to correct for low results by drilling a hole in their device.

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