A child sexual abuse allegation can be one of the most devastating situations an individual can face. The mere accusation casts a dark shadow of suspicion and negative stigma that can instantly destroy reputations, careers, and relationships. What constitutes sexual...
The People’s Lawyer
Criminal Defense
Are nude photos of the kids in the bath child pornography?
You love your kids and you think they’re adorable – and watching them play together in the tub with their toys or bubbles is a real delight. It’s also something that could land you into serious trouble through allegations of creating and possessing “child...
What you need to remember about self-defense in West Virginia
In any public gathering, emotions can run high – especially when alcohol is involved. Unfortunately, it only takes a few drinks before some people show the worst sides of themselves, especially when they’re inclined to be aggressive. You know you have the right to...
What is the age of consent in West Virginia?
Sexual intimacy comes with a host of risks for the people involved in an encounter. The possibility of pregnancy and the risk of sexually transmitted illness make consent or voluntary participation in sexual acts important. Individual states across the country have...
Questioning the constitutionality of an arrest
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...
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...