Posts tagged "Criminal Defense"

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.

How many teens drink and drive?

Drunk driving charges can be tough for anyone to deal with, but some people have an especially hard time after they are pulled over for driving under the influence. For example, those who are under the age of 21 may face tough penalties and they may also face challenges within their family and as they try to prepare for college and the workplace. Moreover, zero tolerance laws can mean that even small amounts of alcohol in an underage drinker’s system can result in DUI charges. It is important for parents and teens to be aware of just how many teens drive drunk and the consequences of these charges.

What is the problem with forensic testing?

When a crime occurs, evidence is collected and ran through a series of forensic testing methods in hopes of linking a suspect to a case. The results of the testing are then presented to the judge and jury presiding over the case in hopes of providing a better picture of what happened at the crime scene. The problem lies in the fact that not all results provided through scientific testing methods are accurate and some are extremely unreliable. They are presented to the judge and jury, however, as if they are valid and the people who determine whether the defendant is innocent or guilty may base their decision off erroneous information.

Criminal justice reform activities in West Virginia

Residents in West Virginia may be aware of the First Step Act, a recent federal step toward criminal justice reform. However, it is also important to be aware of the many actions currently underway in the state of West Virginia specifically that are aiming to improve the lives of people accused of or convicted of criminal offenses.

How serious is trespassing in West Virginia?

Like many people, you may think trespassing is not too big of a deal, especially if you are younger or enjoy the activity known as urban exploring. However, you and other West Virginia residents should understand that entering private or commercial property without permission, or remaining on the property after being asked to leave by someone legally in charge of the property, can result in long-lasting criminal repercussions.

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