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
Category Archives: Criminal Law
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
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
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