West Virginia University beat the 4th ranked Baylor Bears last night, at Mylan Puskar Stadium in Morgantown, WV, which was a tremendous win for WVU football. Unfortunately, the huge win was overshadowed by the conduct of the WVU students who took to rioting in the streets of Morgantown in celebration of the victory. Police were forced to use tear gas and pepper spray to handle the situation. Numerous WVU students were involved in setting fires, overturning dumpsters, pushing over street lights, and pulling down stop signs. People were throwing rocks and beer bottles at police officers. Continue reading
Author Archives: William Adams
I recently had a client who was charged with a minor criminal offense for carrying an unloaded pistol, in a case, in his vehicle. Insofar as I have done this myself on various occasions, I admittedly had to conduct some research, speak with law enforcement, and review the laws – both to determine why he was charged and to ensure my understanding of and compliance with the laws.
**Please note, that this blog is meant as a primer on some of the most common concealed carry laws and issues in the state of West Virginia and is not a comprehensive review of all pertinent rules, exceptions and peculiarities. This is a quick review and is not a substitute for knowing the laws, including those of some local municipalities (e.g. Charleston and Martinsburg, et al.).
What are the Concealed Carry Laws in West Virginia?
What happens if the police make an arrest and fail to “read you your rights”?
Many people believe that if the police do not read them their Miranda rights, then the arrest and charges will not stick and that they will get off or otherwise prevail. Unfortunately, despite the dramatization by Hollywood to the contrary, this is usually not the case.
Do the Police Have to Read You Your Rights?
The simple answer to this question is no, the police are not required to read you your rights in every situation. Continue reading
West Virginia University and Morgantown, WV saw an influx of 30,000 or so students, as the 2012-2013 WVU school year gets underway. It is always an exciting time around Morgantown, as most businesses, the city and the University are bustling with activity and commerce. It is also an anxious and exciting time for students, some of whom have left the confines and patriarchal control of their parents home for the first time. As this freedom meets with ample opportunities to explore this great city of Morgantown, WV, we at Adams Legal Group, PLLC hope that most of the new students find constructive outlets for this freedom and to burn off the stress and anxiety of all of the new challenges faced under these conditions.
Unfortunately, the reality sometimes becomes that some students take this new freedom and find opportunities for anxiety- and stress-relief in drinking and partying, instead of burning it off through a good long hike up at Coopers’ Rock in this gorgeous late-Summer & Fall weather. As WVU students bustled into Morgantown WV last weekend, unfortunately the WVU police, the Morgantown City police and the Monongalia County Sheriffs office was confronted with a bustle of activity and arrests. Hundreds of arrests have been made in the past week, already, mostly for public intoxication, obstruction, underage drinking, DUIs, and possession charges. While it is great to be social and find different outlets for social engagement and stress relief, we urge students to exercise prudence in moderating their behavior within legal limits. Keep Morgantown safe for you, your fellow students, and all the members of this great city – don’t drink and drive, moderate your drinking within reasonable limits, be respectful of establishments, other patrons and law enforcement.
IF you are one of the unfortunate WVU students to find yourself in trouble with law enforcement and charged with one of the above offenses – we at Adams Legal Group, PLLC can help! CALL US TODAY for your free consultation at (304) 381-2166 or visit us at Morgantown Criminal Lawyers for WVU Students
On Chick-fil-A, Same-Sex Marriage, Intolerance and Bigotry is an article discussing the issues of the past few weeks surrounding Dan Cathy, the owner of Chick-fil-A, and his statements that he believed in the traditional religious definition of marriage and the wave of protests contra and in support of Mr. Cathy and Chick-fil-A. This article includes a discussion of the definitions of “intolerance” and “bigot” as applied to both sides of the current situation and urges a more civil discussion of the real issue at hand.
Easter weekend is typically one of the heaviest travel weekends of the year, which unfortunately also means that is is one of the times of the year with high vehicle accident rates. As you prepare to travel for the weekend, be alert for distracted, tired and hurried drivers. As we are all aware, drivers are increasingly using cell phones as they drive for talking and texting. This holiday weekend presents ample opportunity and cause for such communications as drivers are traveling to visit with family, friends and loved ones. Moreover, as drivers anticipate taking an extra day or two off from work over this weekend to accommodate their travels and visits with family, undoubtedly many are fatigued or exhausted, which condition may be exacerbated, if you find yourself traveling during later hours of the day and night. Return travel after a weekend of festivities, activities, stimulation and food, leads to similarly fatigued drivers at the conclusion of the holiday weekend. Likewise, many drivers are also anxious to get on with their weekend travels and may create unsafe driving conditions by hurrying to get to their destinations.
Keep all of the above in mind, as you hit the roads this weekend – be mindful that you may be sharing the road with a higher number of drivers than usual and that many of them may be distracted, exhausted and/or in a rush. Be extra vigilant in maintaining safe speeds, maintaining a proper lookout around you, and be alert to other drivers on the road. Take these extra precautions and don’t be one of the distracted, hurried or exhausted drivers contributing to the higher-than-normal accident rates on this holiday weekend. Use your phones, if you must, in hands-free mode; rest up before your travel, and take amble rest breaks to keep alert. Arriving at your destination and returning in one piece is far more important than hurrying to get where you’re going and risking a car accident along the way.
Have a blessed and happy Easter weekend!
I recently received an email with a link to an article pertaining to employers current hiring and interviewing practice of requesting that prospective hires provide their Facebook user name and password. The original article can be found by clicking on this link – Can Employers Legally Ask You for Your Facebook Password When You Apply for a Job? Why Congress and the States Should Prohibit This Practice. As the title indicates, this article concerns itself with what legislators and courts can do and are doing about this questionable employment hiring practice.
The question remains however, what is a prospective employee to do if confronted by a prospective employer in this manner?
As an employment law attorney, I recently addressed this issue, in an article captioned Facebook Privacy – A Prospective Employer’s Request For Your Log-in Info?. The essence of my recommendation to those on the job market is that, until the law is settled on this issue, it is best that you be prepared for this type of request, with a professional and dignified response. Please check out my article for a more detailed assessment of this issue.
In conclusion, this is a very interesting topic, from both a legislative and an employment standpoint, and I am eager to read any relevant comments, anecdotes and ultimately to see how this landscape evolves over time.
I simply do not understand the enormous kerfuffle about some, what I would call, “insensitive” remarks by Rush Limbaugh about Sandra Fluke. What is more perplexing is how the ill-thought-out attempt by him at humor, satire or critical analysis (whatever you wish to call it) is being extrapolated by the media as an indication that conservatives are waging a war on women. Rush Limbaugh is NOT the voice of all conservatives. Nor is his satire and commentary, which is for entertainment purposes much more than purporting to be “news,” representative of the firm political doctrine or dogma of the “right,” as the media and pundits on the left seem to imply. Continue reading
Any criminal defense attorneys in WV who accept appointments, understands the joy (*tongue in cheek*) of completing the Defense Counsel Voucher Forms provided by the West Virginia Public Defender Service. Unfortunately, the forms provided on their website are not very useful, in the sense of not being terribly user friendly. If you have fought through the frustration of filling out the forms, and have not found the time or resources to modify their forms for your own law firm’s use, then you may find our newest resource that we posted to our website useful. Please check our our easy to use, fillable West Virginia Criminal Defense Counsel Voucher Form.
We took the “Order Approving Payment of Appointed Counsel Fees & Expenses” form and converted it to a fillable PDF form, which allows you to easily tab through all of the form fields necessary to complete the form. Next, we took the portion of the Voucher form for your Itemized Statement of Legal Services, and added more functionality to that portion. Please click the link above to visit this valuable resource for appointed criminal defense counsel in the State of WV for more information.