Criminal Defense Archives

Drug charges await 3 Putnam County residents

When news of someone being arrested in Ohio County breaks, many may often be surprised at how many criminal charges the accused is facing given the circumstances of their arrest. Often, something that may seem as simple as an alleged minor infraction can often result in a person facing a veritable mountain of interwoven charges. It is typically the unique circumstances of an arrest that dictate how many criminal complaints a person may be faced with. In some cases, they may all be justified. In others, however, people might start to question when the prosecution of one becomes too much. 

Jefferson County officials arrest man for making threats

The common assumption held by most in Ohio County may be that in order to be charged with a crime, one’s words must be supported by actions. One can talk about engaging in allegedly criminal activity, but unless they actually progress into doing it, they have done nothing. In some cases, that is not necessarily true. The details on what words and scenarios the state defines as meeting the standard of making terroristic threats have been detailed on this blog in the past. As has been mentioned, intent plays a key role in charging someone with this offense. 

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? 

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. The ultimate aim of their efforts is to convince those jurors hearing their cases of their innocence. A typical criminal trial will have 12 jurors, which implies that a defendant needs to convince 12 separate people of the validity of their claims. Yet that is often not the case. 

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 their action was indeed guilty. Yet it should be remembered that even in cases where evidence may seem to support police action, judgment should be reserved until all of the facts (offered by both sides) can be heard. After all, elements viewed as evidence may still not speak to a person's intent. 

Defining sexual assault

Many in Wheeling may hear the term "sexual assault" and automatically equate it to rape. Yet after looking into the details of individual cases, you may find that the assault that is alleged to have occurred did not involve intercourse. This may raise your concerns as to what sort of conduct qualifies as sexual assault, and whether or not you could potentially be accused of it without ever having intended to do it. Many of those that have come to us here at the Scott C. Brown Law Office after having been accused of this crime are indeed unaware of the conduct that netted the accusations. 

Young girls alleges Weston man sexually assaulted her

Criminal accusations made by children in Wheeling are rightly treated very seriously by authorities. Yet at the same time, their sources should also be considered before any guilt is assumed. While kids may indeed be capable of correctly identifying criminal activity, their lack of maturity and experience may cause them to misinterpret situations or embellish details, potentially leading to criminal charges that may not entirely be warranted. The hope that such accusations are not all law enforcement officials rely on when arresting an charging an individual. 

Plea bargaining and justice

Most residents in West Virginia have likely heard stories about someone who has been charged with a criminal offense and ended up agreeing to a plea deal instead of opting to allow their case to go to trial. This has become quite a common practice in today's criminal justice system. As explained by Flow Psychology, a plea agreement may reduce some of the unknown risk to a defendant as they will know the outcome versus going to trial, which can feel more like rolling the dice.

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.

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