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Currently Browsing:Criminal Law

Private Property: Not a Shield From Driving Under the Influence

The next time you decide to break out the all-terrain vehicle (ATV) and go for a drive in the backyard, you should be sure to not be under the influence of alcohol. In Reed v. Beckett, the Supreme Court of Appeals of West Virginia was asked to decide whether a person may lose their driver’s […]

Constitutional Carry: What West Virginia’s Need to Know

Earlier this year, much ado was made about House Bill 4145 in the West Virginia Legislature that would make it legal to carry a handgun, either openly or concealed, without a government permit. Supporters of the bill saw it as an exercise of their Second Amendment rights, while detractors saw the bill as dangerous step […]

Pokemon GO? Whoa, whoa, whoa…

Recently, a new phenomenon has taken hold worldwide—so much so that Steven and I found ourselves discussing the implications of a game that was played on telephones, which neither one of us had ever played, and which we had both heard no buzz about prior to its release.  Neither one of us knew any specifics […]

Kids Dancing In the Streets = Jail Bird Blues

Be careful the next time you make your child prodigy (Little Johnny) perform his jazz flute solo in the local music hall, festival, or even the next homecoming parade, as you may be in violation of the W.Va. Code 61-8-25. Take a look for yourself:  §61-8-25. Requiring children to beg, sing or play musical instruments in […]

How can the officer search me without a warrant?

The Fourth Amendment to the U.S. Constitution and West Virginia Constitution Article III, Section 6, prohibit unreasonable search and seizures by the government against private citizens, without a proper judicial warrant. The West Virginia common law has further expanded on what is “unreasonable.”  One particular area of Fourth Amendment search and seizure law that courts are frequently […]

Keep Your Past From Jeopardizing Your Future By Getting An Expungement!

If you can relate to the new hit show Orange Is The New Black, CSI, Law & Order, or Cops, then you need to know about expungements. In West Virginia, there exists a process that allows those individuals that have been convicted of a range of misdemeanors to seal and remove their arrests/convictions from their criminal record. […]

DUIs- What you don’t know can cost you

DUIs are sometimes considered a secretive or shameful matter, but that doesn’t need to be the case.  DUI are an area of law, and they deserve representation and fair assessment as much as an other matter.  In fact, there are specific legal issues relevant to DUIs that you need to be aware of.  DUI Blog […]

Teenagers Plus Cellphones Equals– Legal Issue?

It is impossible to ignore this subject in the news lately- the connection between teenagers, cellphone, and legal cases.  The term “sexting” has been coined to explain and describe the action of sending sexually explicit materials to another through a cellphone.  This content can include photos, videos, or simply words. Sexting can cause the sender […]

Sex Offenders Near You? You Have a Legal Right to Know.

Have you ever researched to find if sex offenders live in your immediate area?  Did you know that you have a legal right to know where convicted sex offenders live?  In the recent case of United States v. Juan José Santiago, a sex offender failed to register and as a result was sentenced to twelve […]

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