Charles Town West Virginia Legal Blog

Injured by someone's negligence? Follow your doctor's orders!

On behalf of Bottner & Skillman Attorneys At Law posted in personal injury claims on Friday, September 6, 2019.

There are not many positive things about getting involved in an accident due to someone else's foolish mistakes. More than likely, you've suffered physically and financially and will probably have to seek the services of a personal injury attorney to get fairly compensated.

There is, however, one thing that you absolutely need to do while you're in recovery from the accident: Follow your doctor's orders. Otherwise, you may become your own worst enemy when it comes to getting fair compensation for your losses.

Liberal prosecutors are shaking up the justice system

On behalf of Bottner & Skillman Attorneys At Law posted in criminal defense on Friday, August 23, 2019.

The United States has problems with its criminal justice system -- particularly when it comes to disadvantages faced by the poor once they're charged with a crime. The inability to make bail or afford private attorneys has created two classes of prisoners: The "haves" and the "have-nots."

That's not how our nation's criminal justice system is supposed to work. The problems have contributed to the rising prison population and the growing distrust of police officers among the general public.

Served with a protective order? What happens next?

On behalf of Bottner & Skillman Attorneys At Law posted in family protection order - defense on Friday, August 9, 2019.

If you've just been served with a family protective order, you may be feeling a variety of emotions -- anger, frustration and grief among them. However, the biggest thing you may be experiencing is a profound sense of confusion, particularly if you don't think you did anything to justify the order.

So, what happens next? Here's what you can do:

Does your child know how to behave safely around dogs?

On behalf of Bottner & Skillman Attorneys At Law on Friday, July 26, 2019.

As an adult, you have probably interacted with dogs more times than you could count. Based on your own experiences, you probably feel relatively confident interacting with almost any dog you might meet. However, people are not born with this knowledge.

Your child has not had the same experiences you had with dogs, and learning the hard way how to be safe can lead to serious and painful injuries. According to the Centers for Disease Control and Prevention (CDC), children are more likely than adults are to be bitten by a dog, and the injuries children receive are usually more severe than the injuries adults receive. With this vulnerability in mind, it is especially important to do what you can to prevent your child being bitten.

Equal justice under the law isn't so equal for black Americans

On behalf of Bottner & Skillman Attorneys At Law posted in criminal defense on Monday, July 22, 2019.

Lady Justice is supposed to be blind -- but it seems that judges and juries definitely aren't when it comes to noticing whether or not a defendant in a felony trial is black or white.

According to The Innocence Project, which works tirelessly to right judicial wrongs and expose general flaws in the entire legal system, here are some of the cold facts about race and justice in America:

If you're black, you are seven times more likely than someone who is white to be wrongfully convicted of murder.
If you're black, innocence is no protection against a conviction for sexual assault. You're three times more likely than someone who is white to be wrongfully convicted.
If you are black, and you are wrongfully convicted but lucky enough to (eventually) be exonerated, it will still take you about three years longer to gain that exoneration than it will someone who is white and wrongfully convicted.
Slightly more than 60% of the exonerees in this country who have been proven innocent through DNA testing are black.
Over 50% of those who were sentenced to death and later exonerated via DNA were black. The other 50% of exonerees includes all other races combined.

West Virginia takes action to demystify protective orders

On behalf of Bottner & Skillman Attorneys At Law posted in family protection orders on Monday, July 8, 2019.

When you're living under a constant threat of violence and a cloud of uncertainty about your future, the process of obtaining a protective order against your abuser be intimidating.

The West Virginia Supreme Court is taking steps to change that situation. The court has recently released a series of educational videos on its website and on YouTube. The videos are aimed at the victims of domestic violence -- with the ultimate goal of demystifying the process that one has to go through to obtain a protective order.

Beware these insurance company tricks and traps after an injury

On behalf of Bottner & Skillman Attorneys At Law posted in personal injury claims on Tuesday, June 25, 2019.

There's nothing pleasant about being in an accident -- especially when it could have been easily avoided if someone had just taken reasonable care or been thinking about the safety of others.

On top of the injury, you have medical bills to handle, lost time from work (which may mean lost income) and a whole host of other possible practical concerns. Most people end up filing a personal injury lawsuit out of necessity -- not because they want to -- simply because the insurance company responsible for paying their claim isn't in a rush to help.

More West Virginians may qualify for expunged records

On behalf of Bottner & Skillman Attorneys At Law posted in criminal defense on Wednesday, June 12, 2019.

A criminal conviction doesn't just mean fines and incarceration -- it also means a lifetime where that criminal record follows you everywhere you go. That can ultimately limit the opportunities you have and make it much harder to put your past where it belongs.

Well, many West Virginians with misdemeanor and nonviolent felony convictions now have a chance to close that chapter on their lives for good through the expungement of their criminal record.

Does adultery still matter in a divorce?

On behalf of Bottner & Skillman Attorneys At Law posted in family law on Monday, May 27, 2019.

No-fault divorce has become the law of the land nearly everywhere in the United States, including West Virginia. So, does it even matter if your spouse committed adultery during your marriage?

Maybe.

When you can end a protective order in West Virginia

On behalf of Bottner & Skillman Attorneys At Law on Wednesday, May 22, 2019.

You may have taken a protective order out on your spouse following a big fight between the two of you. People often take out protective orders when they feel their own safety, or the safety of their children is in jeopardy. While these orders cannot physically stop someone from contacting you or your family, they provide and often effective legal deterrent.

Yet, as the days and weeks have gone on, you may decide to terminate the protective order. Reconciliation between spouses is a common reason people choose to terminate a protective order early.