The U.S. Constitution contains a variety of legal standards and protections in place to safeguard individuals from improper law enforcement actions. Everyone in the U.S. has rights under the Constitution, and police officers must follow protocols and laws to protect...
The People’s Lawyer
Criminal Defense
Armed robbery in West Virginia: Understanding the increased stakes
Robbery is the crime of taking or attempting to take anything of value from another person by force or threat of force. Technically speaking, robbery is larceny accomplished through an assault. While it’s possible to commit robbery unarmed, armed robbery is usually...
Is it illegal to have explicit photos of your ex?
When you and your ex were together, you liked to exchange explicit photos. Maybe it was a way for you to keep that spark in the relationship when you couldn’t be close to one another, such as when traveling for work. But now that you’ve broken up, what happens?...
Is breaking into an outhouse a crime?
Outhouses are separate structures from the main building that house toilets. While largely out of use and considered illegal off-grid modifications in several states, West Virginia is one of the few where the structures are still legal. You might think it funny to...
Understanding the impact of BAC levels on DUI charges in Virginia
In West Virginia, the terms Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are more or less interchangeable. If you are driving or in actual physical control of a vehicle and your blood alcohol concentration (BAC) is .08% or higher, then a...
What consent is and does not look like
In the realm of intimate relationships, seeking consent is most important. It is not just about saying yes to engaging in sexual activity but is an ongoing agreement to respect each other’s boundaries. Having said that, it can become hazy at times. To have healthier...
Drug lab fires can lead to additional criminal charges
Manufacturing illicit drugs is dangerous in many ways. Apart from the fact that it’s illegal in West Virginia, most controlled substances are produced in crude and unsafe homemade “labs” which can be dangerous for both the drug makers and anyone else nearby. One of...
Does a stun gun count as a deadly weapon in a robbery case?
Stun guns, also known as tasers, are marketed as non-lethal weapons that allow owners to disable their would-be assailants. They deliver a controlled electrical current to the target’s body, causing involuntary muscle contractions. But while stun guns might be...
When moving to West Virginia, don’t forget your sex offender registration.
Sex offenses, particularly those involving minors, often involve distributing inappropriate material or possessing child pornography. These actions are serious and subject to legal consequences. Regardless of the nature of the offense, it is important to remember that...
Defending against sex crime charges
Learning you are accused of a sex crime in West Virginia can cause you many problems, on both a legal and personal level. West Virginia takes sex crimes seriously. Most sex crimes come with high penalties, including fines and imprisonment. If the crime victim is a...