When many people think about assault and battery, they picture a person acting violently towards another. However, in many states including West Virginia, assault and battery charges can stem from much more than a violent action. If a prosecutor establishes all the...
The People’s Lawyer
Criminal Defense
Attacking witness credibility could be key to your case
The prosecution’s witnesses in your criminal trial are going to play a pivotal role in the ultimate outcome of your case. After all, if a judge or jury buys into that testimony, then the likelihood that you’ll be convicted may be significantly increased. If, on the...
Is sex still a crime if someone lied about their age?
As an adult, you know well that a sexual encounter with a minor could lead to charges of statutory rape. If they are too young, they are not legally able to consent to the encounter, and that means that you have broken the law even if they technically told you that...
What you need to know before claiming self-defense for assault
You should not take assault and battery charges lightly. You could end up spending considerable time in jail, on top of having to live with a criminal record. If you face such charges, you might think claiming you acted in self-defense is your best bet, but it is not...
How chain of custody errors can affect your defense
The legal threshold of a criminal conviction is pretty high. The prosecution has to prove your guilt beyond a reasonable doubt, and evidence plays a significant role in that. It helps the jury arrive at a verdict. Given its importance, there are rules on how evidence...
An inaccurate witness may not be intentionally lying
If you're facing criminal charges and a witness gives an account of what happened that you know does not line up with what actually took place, it's natural to assume that the witness is lying. However, you may be perplexed as to why they would lie about what happened...
Help! I’ve been accused of sexually abusing my stepchild
Child sexual abuse is one of the most horrific traumas kids can endure. There certainly is a need to protect children from these acts whenever possible. However, there is another side of the coin that also needs to be closely scrutinized: False allegations of sexual...
Understanding family protective orders in West Virginia
In West Virginia, if a person is the victim of abuse by a household member, he or she can request a protective order from the court. A household member includes a spouse or ex-spouse, intimate partner, a person the victim dated, a person with whom the victim has a...
Will a passcode keep the police out of your phone?
The police suspect you of committing a crime -- and you’re concerned about what they might find on your phone that could incriminate you, whether that’s photos, chats or texts. Can a passcode keep the police at bay? Maybe -- but it would be unwise to count on it. A...
Keeping your cool amid family drama at the holidays
The holiday season is famous for fun, food -- and family drama. For the most part, the annoyances that come with dealing with your least-favorite relatives are worthy of no more than some heavy eye-rolls. What happens, however, if the drama between two people with...