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.FindLaw takes a...
Year: 2019
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...
What is disorderly conduct in West Virginia?
Each state has its own laws that prohibit behavior that causes public disturbance or breaches the peace. A West Virginia statute specifically outlaws disorderly conduct. This law exists to promote public safety.If you are not aware of what constitutes disorderly...
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...
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...
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,...
What are the legal ramifications of drug use & sales?
Addiction not only impacts a person's health, it can also have serious legal consequences. Charges for the use and sale of illegal drugs can be quite severe, especially if the offender is convicted of repeat offenses or is charged with having a large number of drugs...
Defining a hung jury
For those that contest the criminal charges against them, a trial may be the most important element of their cases. During these proceedings, they are allowed to both dispute any evidence that prosecutors present against them and offer up their explanation of events....
Ways to avoid a DUI
The police in West Virginia take driving under the influence of alcohol seriously. One Greene County man faces DUI charges after he drove recklessly and sent his vehicle crashing into a mailbox, all while his daughter was in the backseat. You may never dream...
Williamson arrest prompted by perceived attempt at retaliation
When news of an arrest in Ohio County breaks, people may be quick to assign guilt to whomever it is reported that law enforcement officers have detained. They might assume that an arrest would never have been made if officials were not convinced that the target of...