Bottner & Associates, Attorneys At Law Charles Town Personal Injury Lawyer | Family Law | Bankruptcy | Defense Lawyer 2026-06-25T03:31:34Z https://www.bottnerskillman.com/feed/atom/ WordPress /wp-content/uploads/sites/1304432/2020/08/cropped-BottnerAssociates-site-icon-512px-32x32.png On Behalf of Bottner & Associates, Attorneys at Law <![CDATA[3 summer hazards for drivers]]> https://www.bottnerskillman.com/?p=50874 2026-06-25T03:31:34Z 2026-06-25T03:31:34Z Vehicle crashes happen throughout the year, but summer sees a notable spike in accidents. In fact, the 100 days between Memorial Day and Labor Day are sometimes referred to as the “100 Deadliest Days of Summer.” That name technically refers to the high risk for adolescent drivers, who, with school finished for the summer, have time to use their cars more. Yet people of all ages get caught up in summertime crashes. Aside from inexperienced teens getting the chance to drive more, often making mistakes as they go, there are several other reasons summer can be a dangerous time on the roads. Here are three things that often give rise to summer accidents

Drinking holidays

Many people’s alcohol consumption goes up in the summer, and the time of day people drink also tends to expand.  More people will be drinking at daytime events, such as parades or barbecues, and “drinking holidays” like the Fourth of July are common. Ultimately, that can lead to more drunk drivers on the road and more drunk driving accidents.

Increased traffic

Certain days of summer can see a massive increase in the number of vehicles on particular roads. For example, Friday afternoons often see people lining up and rushing to get away for the weekend, while a music festival might see hundreds or thousands of visitors filling the roads in and out of the venue. The more cars there are on the road, the more accidents there may be.

Hot temperatures

Sitting in a traffic line on a hot day is not much fun. Tempers can easily flare, and drivers may resort to aggressive driving maneuvers that they would not have made on a cooler, less busy day. In general, heat can be an accelerant for stress, and stress can cause drivers to make poor decisions.  If you are injured in a collision this summer, remember that legal guidance can help you to seek the compensation you may need.]]> On Behalf of Bottner & Associates, Attorneys at Law <![CDATA[3 ways social media use can tank your personal injury claim]]> https://www.bottnerskillman.com/?p=50873 2026-06-24T02:43:54Z 2026-06-24T02:43:54Z After you’ve suffered injuries in an accident, you probably want to talk about the situation on social media – especially if you’re frustrated. For you, social media is just an outlet for your feelings. For your opponent and their insurer, however, your social media posts can be a goldmine of information and evidence that can be used against you. If you think that you’re “small potatoes” and nobody is likely to comb through your social media posts, think again. One study that looked at the use of social media in just the U.S. The Ninth Circuit Court of Appeals showed a 350% increase between 2010 and 2017. Everybody is looking at everybody else’s social media these days – and what you post absolutely could come back to haunt you. It could even kill your personal injury claim. Here’s how:

1. Your posts may contradict your injury claims

One of the most common ways social media hurts a personal injury case is when a post appears inconsistent with the injuries someone claims. For example, photographs showing you attending a party, exercising or participating in a physical hobby could be used to argue that your injuries are not as severe as you say. Even if a picture captures only a brief moment and an artificial smile – and does not reflect the pain you experienced before or afterward – the insurance company may still attempt to use it to challenge your credibility.

2 Your emotional state can be called into question

Emotional distress can be a significant part of a personal injury claim. Post-traumatic stress disorder isn’t uncommon after a traumatic accident, nor is anxiety when someone is put back into similar situations. For example, some people have panic attacks when they have to drive on a highway after having been in a wreck. If your social media posts indicate that you’re doing great and generally seem happy and optimistic, they may be used to dispute any claims that you’re suffering from emotional harm.

3. You may contradict what you previously said about the accident

The details of an accident matter more than most people realize. Insurers may scrutinize every statement you make online about the accident to see if you’re giving different versions of the events in different places. If they find any details that seem to contradict what you said before, they may challenge your credibility and try to shift liability away from their clients. The safest approach is often to significantly limit social media activity while your personal injury claim is pending. Before posting anything online, ask yourself whether you would be comfortable seeing that post displayed in a courtroom. If you wouldn’t, don’t post it.]]> On Behalf of Bottner & Associates, Attorneys at Law <![CDATA[Overtime, bonuses, commissions and gigs: Do they count for child support?]]> https://www.bottnerskillman.com/?p=50864 2026-06-14T21:41:51Z 2026-06-14T21:41:51Z In West Virginia, child support is calculated using an “income shares model” that, in essence, says that every child should benefit from their parent’s income the same way they would if the parents’ relationship were intact. Once each parent’s gross income is determined, those figures are combined and the total is matched against a table that indicates how much of that income must be designated for support. Each parent is allocated a percentage of that responsibility, with the number of children and parenting time factored in. However, determining a parent’s gross income isn’t always easy. These days, many people supplement their base pay with overtime and gig work, while others are in fields that rely heavily on bonuses and commissions. In most cases, variable income must be considered alongside regular wages, particularly when it represents a consistent part of a person's earnings. 

How irregular and variable income is factored into support

Child support cannot be adjusted monthly with every shift in a parent’s income. Just the same, the court doesn’t want to deprive a child of the support they are due – nor unduly burden a parent with a support obligation that is beyond their means.  When variable income is involved, the court will typically look beyond a single paycheck and examine a parent's overall earnings history over a longer period of time. Pay stubs, tax returns for the last several years, W-2 forms and other financial records may all be reviewed to determine whether certain types of income are consistent before the court determines what to include. The goal is to avoid a support calculation that either overstates or understates a parent's actual earning capacity. Overtime pay and gig work can present unique challenges because it is not always guaranteed. Some employees work overtime regularly as part of their normal employment, while others earn it only occasionally during busy periods, like holiday seasons. When overtime has been earned consistently over a significant period of time, a court may view it as a reliable source of income and include it in a child support calculation. On the other hand, sporadic overtime that is unlikely to continue may receive less weight. The court may consider factors such as the employee's work history, industry conditions and whether similar overtime opportunities are likely. Bonuses and commissions are also commonly considered when determining child support. For some professionals, annual bonuses or commissions represent a substantial portion of their total annual compensation. Again, the average over several years may be considered the most reliable figure.

What happens when income changes?

A reduction in a parent’s variable income does not automatically justify a reduction in child support. If a parent voluntarily leaves a second job, stops performing gig work or declines regular overtime opportunities, the court may examine the reasons for that decision. In some situations, the court may decide that the parent is voluntarily “underemployed” and calculate support based on their earning capacity rather than their actual earnings. For example, a parent who abruptly stops working overtime after a child support order is entered may face questions about whether the change was made in good faith. Likewise, a parent who voluntarily abandons a profitable side business or gig-work arrangement may face questions. Courts generally look at the totality of the circumstances, including the parent's work history, health, family obligations, market changes and the justification behind the income reduction. Regardless of which side of the issue you are on, understanding how variable income is evaluated for matters of support can be difficult. An experienced attorney can help you learn more and advocate for a fair outcome. ]]> On Behalf of Bottner & Associates, Attorneys at Law <![CDATA[Constructive eviction and retaliation: What tenants should know]]> https://www.bottnerskillman.com/?p=50858 2026-05-25T17:30:32Z 2026-05-25T17:30:32Z Not all eviction actions arrive with a formal notice and paperwork from a court. Sometimes, a landlord decides to bypass the official legal process and pressure a tenant to move out without an official eviction. This kind of situation, known as a “constructive eviction,” is particularly common when landlords want to be rid of a troublesome tenant who complains about the property conditions or exercises other legal rights that the landlord finds inconvenient. 

What is constructive eviction?

Constructive evictions happen when a landlord doesn’t physically remove a tenant (through legal means or otherwise), but creates conditions that are designed to make the property unlivable. In essence, the tenant gets forced out because the living conditions are no longer safe. Examples of acts by a landlord that can constitute constructive eviction include:
  • Turning off the heat in the middle of winter or refusing to repair a broken heating system
  • Shutting off the electricity, water or other services without cause or notice
  • Changing the locks on the residence while the tenant is not home and refusing access
  • Repeatedly harassing the tenant, appearing at the tenant’s door or entering the property for surprise “inspections” that are not permitted under the lease
  • Removing the doors or windows on the property so that the tenant cannot secure the property against intrusion 
Landlords may begin this behavior to retaliate for a variety of reasons. Among the most common provocations are tenant reports about housing code violations, requests for expensive repairs, the withholding of rent during a legal dispute, attempts to organize with other tenants or pushbacks against lease violations. Whatever the cause, the goal is to make the living environment so hostile for the tenant that the tenant feels like they have no choice but to move.

What can tenants do to protect themselves?

One common mistake tenants make is immediately abandoning the property without understanding their legal position first. Leaving too quickly can expose the tenant to additional problems with unpaid rent claims, lease violations, the withholding of security deposits and damage allegations. It is not unusual for a landlord who is aggressive enough to engage in a constructive eviction to also go on the offensive against a tenant once that tenant has left the property. Documentation is key to self-protection. Tenants should carefully compile as much documentation as possible from the moment that they realize they are in conflict with their landlord – just in case the situation escalates. Good documentation includes copies of emails and text messages exchanged with the landlord about any issues, inspection reports, copies of repair requests, records of utility interruptions, photos and video recordings of the property conditions.  It is also wise to seek legal guidance as early as possible in the situation. Since disputes involving landlord retaliation and constructive eviction can escalate quickly, early involvement by an attorney can be critical to a better outcome.]]> On Behalf of Bottner & Associates, Attorneys at Law <![CDATA[Can the police force you to unlock your phone?]]> https://www.bottnerskillman.com/?p=50855 2026-05-09T18:45:38Z 2026-05-09T18:45:38Z Almost everybody carries a mini computer in their pockets these days in the form of a cell phone – and those little digital devices carry an enormous amount of data and personal information, including photographs, messages, financial records, internet history and location data.  As digital evidence becomes increasingly important in criminal investigations of all kinds, a lot of people want to know whether the police can force them to unlock their phones. The answer to that question is not always simple. 

Warrants and phone searches 

The rules regarding digital devices continue to evolve, but the most significant ruling on the issue is Riley v. California in 2014 by the United States Supreme Court. Thanks to that case, the police are broadly required to obtain a warrant before they search through the contents of a cell phone.  Obtaining a warrant for a cell phone’s contents, however, is not the same as forcing the owner to unlock it. This is where the rules get complicated. In general:
  • If a phone is protected by a passcode or pattern lock, courts are more likely to find that forcing someone to reveal or enter that information raises Fifth Amendment concerns because the password exists in the person’s mind and may be considered testimonial communication against their self-interest.
  • If a phone uses biometric security features such as a fingerprint or facial recognition, some courts have allowed law enforcement officers to compel access because biometric data may be treated more like physical evidence rather than testimonial communication.
That means that if you are concerned about maintaining your privacy, a passcode or pattern lock is ultimately more secure than using your fingerprint or facial ID. 

Consent can change everything

One of the most important issues during police encounters is consent. People often feel like they have no choice but to comply immediately with every police request, but consenting to a phone search may significantly affect a criminal case later.  If you voluntarily unlock a phone or give police officers or detectives permission to search it, prosecutors may later argue that the search was lawful even without a warrant. If you are under investigation or under arrest for a serious offense and the police want to look at your phone, the wisest thing you can do is to invoke your right against self-incrimination and ask for an attorney. ]]> On Behalf of Bottner & Associates, Attorneys at Law <![CDATA[When are you free to leave a police interrogation?]]> https://www.bottnerskillman.com/?p=50846 2026-04-25T23:37:34Z 2026-04-25T23:36:05Z Many police interrogations begin informally. You may be asked to come into the station “just to talk,” or approached in a setting that feels less official. That can make it difficult to know whether you are free to leave. The answer depends on whether the interaction is voluntary or custodial.

What is the difference between voluntary and custodial encounters?

A voluntary encounter means you are not under arrest and are free to leave at any time. Officers may ask questions, but you are not required to answer. A custodial interrogation occurs when your freedom is restricted and you are being questioned by law enforcement. In that situation, you are entitled to broader legal protections. For that very reason, the police prefer to ask questions in voluntary interrogations. The challenge is that the line between these two situations is not always clear. Research has shown that many people do not feel free to leave an interrogation room even when the door is open or they have previously been told they can leave. The setting, tone and pressure of the situation can make a voluntary encounter feel anything but voluntary. Many cases are built, in part, on statements made during police questioning. People often continue answering the questions police pose because they feel pressure to cooperate or do not realize they can leave. The authorities count on the psychological aspects of the situation to encourage talkativeness. Understanding your right to walk away and your right to remain silent can help you avoid making statements that may later be used out of context. How do you handle this situation when you aren’t sure? Ask directly, saying, “Am I being detained, or am I free to leave?” This question forces the police to clarify the situation. If you are told you are free to leave, do so. If you are not, invoke your right to remain silent and call an experienced criminal defense attorney. They can help you understand your rights and protect your position moving forward.]]> On Behalf of Bottner & Associates, Attorneys at Law <![CDATA[Corporate insurance adjusters may try to avoid paying for slip-and-falls]]> https://www.bottnerskillman.com/?p=50836 2026-04-22T13:47:02Z 2026-04-22T13:47:02Z What tactics do insurance companies use? Professionals trying to minimize insurance company liability for a slip-and-fall incident may promise a person to pay their bills but may then take intentional steps to achieve the exact opposite outcome. In some cases, they ignore or delay claims for so long that people become frustrated and give up. Insurance professionals may ask those seeking compensation to provide a recorded statement. They may then ask questions intended to confuse the person making the claim or raise questions about fault for the incident. The goal is to either establish enough evidence to justify denying the claim or give the company reason to minimize the compensation provided. Offering a low settlement is another common strategy. Insurance companies often offer initial settlements that are below not just the applicable policy limits, which could be six figures for a commercial insurance policy, but also the provable losses sustained by the person who fell. Those pursuing slip-and-fall compensation can protect themselves from insurance company misconduct by working with an attorney. A lawyer can be present during a recorded statement to help a client avoid pitfalls when communicating with insurers or negotiating a settlement. An attorney can also help those seeking slip-and-fall compensation evaluate the coverage available and calculate both their current and likely future losses related to an injurious incident. Consulting with an attorney as soon as possible after a slip-and-fall incident can help injured people understand and avoid common insurance company tactics.]]> On Behalf of Bottner & Associates, Attorneys at Law <![CDATA[Arrested for domestic violence? What to do in the first 24 hours]]> https://www.bottnerskillman.com/?p=50804 2026-04-15T16:13:19Z 2026-04-15T16:13:19Z A heated exchange with a family member or romantic partner escalates, then spirals out of control. The next thing you know, you’re handcuffed and facing domestic violence charges. What you do in the first 24 hours after your arrest can have a profound effect on your case and your future. Knowing what to do (and what not to do) now is essential. Here’s a guide:

Stay calm, and do not resist

Losing your cool will not help the situation, and it could just compound the evidence against you. Even if the arrest seems wildly unfair, do not argue with the officers or resist arrest. Comply with their instructions to avoid complications, including additional charges.

Exercise your right to remain silent

You cannot talk yourself out of an arrest. Once the authorities have you in their sights, the legal process has to play out. Trying to explain what happened won’t get you out of the cuffs, but it can create significant problems for your defense in the future.  Vocalize your intent to exercise your right against self-incrimination and ask for an attorney. Do not answer any further questions about the events that led to the situation until you have spoken with your legal counsel.  Keep in mind that you want to continue to preserve your right to remain silent even after you are released from jail while the case is pending. Do not post on social media about your situation or get your side of the story “out there” until your case is resolved.

Do not contact the alleged victim

When a protective order is in place or you are otherwise ordered to stay away from the alleged victim – obey those instructions to the letter. Do not not contact the victim either directly or indirectly in hopes that you can clear up any misunderstandings or reconcile. That is a violation of the law and can result in additional charges that can stick even if the underlying charge is dismissed. In general, it is important to recognize the following:
  • The alleged victim of domestic violence does not control whether the case is prosecuted. Once the police were called, the private dispute became a public concern, and it is entirely up to the state to decide whether or not charges are warranted. Even if the victim recants, the prosecutor may proceed with the case using other evidence.
  • Asking the victim to recant can be interpreted as witness intimidation and the obstruction of justice. Those are serious crimes that can have consequences far beyond a domestic violence conviction. 
It is also critical to remember that jail calls are recorded. More than one person has believed to their detriment that their case was “too small” for anybody to go to the trouble of listening to their calls, and that’s a serious mistake.  It is normal to be scared in this situation. Domestic violence charges carry significant penalties, and your reputation and future are on the line. Remain calm, exercise your rights, obey all lawful orders and talk to a skilled defense attorney as soon as possible. ]]> On Behalf of Bottner & Associates, Attorneys at Law <![CDATA[Sex crime convictions: Impact on job and housing]]> https://www.bottnerskillman.com/?p=50805 2026-04-07T13:54:27Z 2026-04-07T13:54:27Z West Virginia registry tiers and mandatory reporting periods West Virginia’s registry is expanding. Sexual extortion and nonconsensual disclosure of intimate images now trigger mandatory registration, though other digital crimes may not. The duration of your registration depends on your statutory tier:
  • 10-year registration: Tier I offenses
  • 25-year registration: Tier II offenses, including certain crimes against minors
  • Life registration: Tier III offenders, repeat offenders or sexually violent predators
Because these tier classifications are often permanent and shape the scope of your future restrictions, knowing your correct tier is a key part of your legal defense.

Residency exclusion zones and employment bans in Jefferson county

Finding a place to live or a stable job becomes a massive challenge. Under the current West Virginia Sex Offender Registration Act, many registrants are prohibited from residing within 1,000 feet of schools, childcare facilities or areas where children frequently congregate. Your employment prospects face equally serious restrictions. Courts may legally bar you from any role involving contact with children or vulnerable adults, and a conviction triggers mandatory revocation or suspension of many professional licenses.

Mandatory registration fees and court-ordered financial obligations

The financial burden extends beyond court fines. You should be aware of hidden costs that many people overlook:
  • Yearly fee: Anyone on the registry must pay $125 to the state police every year between January 1 and June 30.
  • Counsel reimbursement: If the state appoints an attorney for you, the court has the authority to order you to pay back the costs of your legal defense based on your financial ability to do so.
  • Supervision fees: If the court places you on supervised release, you may owe monthly fees for the entire duration of your term.
A conviction's costs extend far beyond the courtroom, making proactive legal management essential to your financial future.

Strict reporting deadlines and felony penalties for noncompliance

West Virginia law is strict regarding procedural deadlines. If you move, change jobs or enroll in school, you must notify the State Police within 10 business days. Failing to register is a "continuing offense." Depending on your registration tier, repeat offenses for noncompliance can While your requirement to register may last a lifetime, the specific rules you have to follow change almost every year. A careful legal review is the only way to stay compliant and protect your rights.  ]]> On Behalf of Bottner & Associates, Attorneys at Law <![CDATA[What are the penalties for aggravated assault in West Virginia?]]> https://www.bottnerskillman.com/?p=50806 2026-03-30T11:30:20Z 2026-03-30T11:30:20Z A physical confrontation can escalate quickly, and what starts as a heated moment can lead to serious felony charges. West Virginia draws sharp lines between levels of assault, and the penalties jump once the conduct goes beyond a misdemeanor.

How West Virginia classifies assault charges

West Virginia's criminal code does not use the term "aggravated assault" for general violent crime. Instead, the state separates offenses based on intent and severity. Simple assault carries up to six months in jail or a fine of up to $100. Battery carries up to 12 months or a fine of up to $500. Both are misdemeanors. The charges become far more serious when the conduct involves an intent to maim, disfigure, disable or kill.

Malicious assault carries the harshest penalties

When a person wounds someone with the intent to maim, disfigure, disable or kill, West Virginia treats the offense as malicious assault. Anyone facing criminal charges at this level is looking at a felony carrying two to 10 years in a state correctional facility. If the same injury happens without malice, the charge drops to unlawful assault, a felony carrying one to five years in prison or up to 12 months in jail with a fine. The difference comes down to whether the person acted with deliberate intent or in the heat of the moment.

Higher penalties for protected victims

Malicious assault against a law enforcement officer, healthcare worker or emergency worker acting in an official capacity carries three to 15 years. Malicious assault against a child age 16 or younger near a school carries five to 15 years. When the victim is 65 or older, the court cannot offer probation or a suspended sentence.

Repeat offenses increase the charges

A third conviction for assault or battery involving a family or household member can jump to a felony carrying one to five years and a fine of up to $2,500.

How a felony assault conviction affects your future

A felony assault conviction stays on your record long after the sentence ends. It can disqualify you from owning firearms, limit your job options, affect custody decisions and make it harder to find housing. The classification of the charge matters as much as the facts themselves because the gap between a misdemeanor and a felony often comes down to how the prosecution frames the intent behind the act.]]>