Self-defense often arises in criminal cases where one party is physically attacked by another.  If you are not the aggressor and physically attacked, you have a basic right to self-defense in West Virginia.  However, self-defense is not without limitations.  This blog provides a general overview of the right to self-defense in West Virginia criminal cases.  It is not intended as legal advice and is not a substitute for legal advice from a West Virginia criminal defense lawyer. The Right to Self-Defense If a person charged with a crime was not the aggressor and had reasonabl ..read more

Whether it’s Facebook, Instagram, TicToc, or Twitter, social media effects how many of us communicate in everyday life.  It allows us to communicate in ways we never dreamed possible twenty years ago.  Social media allows us to share our lives with friends and loved ones who live in distant places.  Depending on the privacy settings, it also allows strangers, potential employers, the government, and insurance companies to learn about our lives. If you were involved in an automobile accident or slip and fall through no fault of your own, it is important to recognize that what you ..read more

If you or a loved one were found guilty of a crime and sentenced to incarceration, in addition to a direct criminal appeal, a person incarcerated under a term of imprisonment may file a petition for writ of habeas corpus.  A petition for writ of habeas corpus compels the government to bring an individual before the court to determine the legality of the person’s incarceration.  West Virginia law provides a specific post-conviction procedure that is guaranteed by the West Virginia Constitution.  A habeas corpus proceeding is a civil case.  It is not part of the original crim ..read more

Whether negotiating a claim with an insurance company or preparing your case for a jury trial, an important consideration is the burden of proof.  The burden of proof is the level of evidence that must be presented to prove your case. In criminal cases, the burden of proof is beyond a reasonable doubt.  Reasonable doubt is the highest burden of proof in our court system.  It requires doubt based upon reason and common sense.  It is doubt that would make a reasonable person hesitate to act.  In criminal cases, it is the government’s burden to prove its case beyond a rea ..read more

Where the government is involved in creating opportunity for a citizen to commit a crime, once a citizen is charged with the crime, he or she may be entitled to assert the affirmative defense of entrapment.  In West Virginia, the defense of entrapment depends heavily upon the facts and the extent of the government’s involvement.  If you were charged with a crime, you should promptly consult with a criminal defense attorney.  This blog discussed the defense of entrapment. What is Entrapment? Generally, courts throughout the nation have adopted two tests to determine whether an en ..read more

An automobile accident can happen to any of us.  If you drive a vehicle, sooner or later, you may be involved in a vehicle accident.  The moments after a vehicle accident are stressful.  Stress is only made greater if you or someone you love was injured as a result of the vehicle accident.  Below are some tips to help you navigate the moments after a vehicle accident. Remain calm and assess the situation. Remain calm.  If your vehicle is still moving, stop as close to the scene as possible.  Assess the situation.  Ensure that your immediate area is safe from ..read more

If you have been arrested and charged with a felony by way of a criminal complaint in magistrate court, you will be afforded a preliminary hearing before a county magistrate court judge.  A preliminary hearing protects citizens from hasty and malicious prosecutions.  The preliminary hearing is a chance for a defendant to challenge the charges before they are presented to a grand jury.  Without the advice of a criminal defense attorney, the preliminary hearing should usually not be waived. Preliminary hearings in West Virginia criminal cases can result in felony charges being dis ..read more

Choosing the right personal injury attorney is an important decision.  The weeks following a car wreck can be difficult to navigate.  Your car is damaged.  You are receiving medical treatment.  Bills are slowly mounting.  You are unable to work.  Insurance companies are contacting you.  Where do you turn for help?  People injured in car wrecks are often left with the foreign task of contacting a a personal injury attorney to deal with the insurance companies.  A personal injury attorney can level the playing field to ensure that you are being treate ..read more

A person involved in a serious car accident can have harms and losses that go beyond what is immediately observable.  After the vehicle is replaced, the fractures heal, and physical therapy is complete, the psychological harms that people cannot physically see sometimes remain.  Car-accident related Post Traumatic Stress Disorder is estimated to effect 2.5 to 7 million people in the United States. Being involved in a serious car accident increases your risk for psychological issues, including the risk of experiencing Post Traumatic Stress Disorder.  This blog discusses Post Trau ..read more

Whether it’s on Interstate 64 or a county road, a vehicle accident can happen any time.  After being involved in a car accident, you may be called by your insurance company or the insurance company of the driver who is at fault.  An insurance adjuster may suggest settlement of your claim.  The settlement value of any insurance claim can only be determined after a detailed examination of liability and the harms and losses sustained by a person injured. Damages are those harms and losses an injured driver sustained as a result of the fault of another driver.  Though each case ..read more