56-year old Jeffrey Goldhammer was killed in an automobile accident Sunday, May 10 around 2 p.m. at the 160 mile marker of Interstate 79 when a vehicle, a 2006 Honda driven by 20-year old Jenna Boyd lost control, crossed over into the other lane and struck his vehicle, a 2016 Ford Fusion traveling north. Goldhammer died at Ruby Memorial Hospital of his injuries. Continue reading
Christopher McClure, 28 of Fairmont and Adrianna Cole, 20 of Morgantown were killed in a head on automobile accident at 10:35 p.m. Friday, April 19 2015 on Interstate 68 between the Sabraton and University Avenue exits. McClure was driving a 2007 Ford Explorer in the wrong direction on Interstate 68 when it sideswiped an oncoming vehicle and then struck Cole head on. Both McClure and Cole were pronounced dead on the scene. Continue reading
As we begin a New Year, most Americans make a resolution to improve ourselves in areas such as health, finances, employment, or education. However, if you have a prior criminal record in West Virginia, that history may be holding you back in improving your employment and educational opportunities. The good news is that some criminal records in West Virginia can be permanently expunged. Continue reading
Courts throughout the State of West Virginia issue Domestic Violence Protective Orders daily, in both magistrate courts and family courts, which often affect a person’s right to own or possess a firearm. A Court issues a Domestic Violence Protective Order — known for short as “DVPO” — when it has good cause to believe that domestic violence or abuse has happened or is likely to happen between family/household members or between intimate partners. If a Court orders a DVPO, then the individual who is the Respondent is prohibited from contact with the individual or individuals named as the Petitioner in the DVPO. Continue reading
My son came home with his first report card for the 2014-2015 5th-grade year at Cheat Lake Elementary School, in Morgantown, Monongalia County, WV. Although, we had been forewarned about the new standards-based grading approach, I was still utterly miffed in reviewing his report card. Filled with “MS” (meets standards) and “AS” (approaching standards) in all grade areas and multiple “objectives” identified under each, quite frankly, it makes absolutely no sense . . . . or should I say, it is complete nonsense. Apparently, this grand grading experiment is the school board’s equivalent of “every kid gets a trophy.” Continue reading
A recent article in The Charleston Gazette noted that for many years in West Virginia, there were more arrests related to marijuana than for all other drugs combined. In 2012 alone, there were approximately 3,700 arrests for possession of marijuana in West Virginia. Why so many arrests in West Virginia for possession of marijuana? Continue reading
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
In a recent article featured in The Huffington Post, the author wrote about West Virginia University by stating, “Students and fans at one of the top party schools in the country won a big football game Saturday. So they lit some fires and flipped a car.”
Unfortunately for the West Virginia University community, the idea of students who love to set fires and flip over cars has become almost a tradition of sorts. What many students and their parents may not know, however, is that a student from West Virginia University who participates in these activities may face suspension or expulsion from school. This outcome is life-changing as suspension or expulsion may affect your ability to finish your college degree or secure gainful employment.
Student Disciplinary Hearings – Suspension and Expulsion Hearings
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