Criminal Defense

The attorneys of La Neve Law Offices have extensive experience defending individuals charged in the criminal courts of West Virginia. Over the past 15 years, we have represented clients in over two-thirds of the counties in this state, in both magistrate and circuit court matters. We have also appeared in the West Virginia Supreme Court of Appeals pursuing the rights of our clients at the appeals level. The successful outcome of your case depends on the right defense combined with the right presentation of that defense. Put our criminal case experience to work for you. When you need a defense, call us. Our legal team is ready to help you.

Misdemeanor Charges

Misdemeanor offenses are those criminal charges that can result in a jail sentence of up to one year. Many misdemeanor crimes also result in a fine and/or restitution in addition to jail time, and all offenses carry court costs as an additional monetary obligation to the individual.

A few examples of West Virginia misdemeanor offenses are assault, battery, destruction of property, DUI (with a few exceptions), and petit larceny (theft of things under $1,000 in value).

Typically, misdemeanor sentences in West Virginia are served in one of the facilities within the West Virginia Regional Jail System. However, some courts will allow individuals convicted of misdemeanor crimes the opportunity to satisfy their sentences through alternate means, such as probation or home confinement. Not all misdemeanor charges are able to be served through alternative means, though, so be sure your attorney knows the available options on your case.

Misdemeanor charges are normally handled in the magistrate courts of West Virginia. The judicial officers in magistrate court are typically not attorneys, but rather are individuals from the community elected to four year terms of office. Magistrates must complete regular legal training programs that keep them current with the areas of law covered by their cases. Trials in magistrate court may be with a jury or with just the magistrate. When trial is with a jury, the jury has six members who listen to the facts of the case and then make a unanimous decision on innocence or guilt. The magistrate then has the final say on what sentence is imposed in the event of a conviction.

Felony Charges

Felonies are criminal offenses punishable by imprisonment of more than one year. Like misdemeanor offenses, felony charges can also result in an individual being punished with fines and restitution. Court costs also apply to felony cases. Felony incarceration occurs in one of the facilities of the West Virginia Division of Corrections.

Some examples of West Virginia felony charges are malicious wounding, robbery, DUI resulting in death, possession of drugs with intent to distribute, and murder.

Like misdemeanor cases, some felony sentences can be served through alternative means, such as probation and home confinement. This does not apply to all charges, and may simply be unavailable because the government opposes any alternative to prison time, perhaps because of the unique facts of any given case.

Felony matters typically begin with an arrest following a police investigation and issuance of an arrest warrant. Once that happens, the individual charged is entitled to a preliminary hearing in magistrate court. That hearing is solely to determine if the government can show sufficient probable cause to justify the underlying arrest. In other words, the focus of the hearing is solely on whether the evidence presented by the government, taken as a whole, suggests that a crime was committed and that the accused committed it. If probable cause is found, the case is transferred to the circuit court for further handling.

Once in circuit court, a felony case must typically be presented to the Grand Jury to obtain an Indictment. The Grand Jury consists of 16 members who hear only the government's side of the case through the government's chosen witnesses. The jurors may ask questions of their own and may even order investigation of certain aspects of a case if they feel it is necessary, but generally this does not occur. At the end of the evidence, the Grand Jury votes to return an Indictment or not. If the individual is indicted, then the case will go to trial at a later date. If the individual is not indicted, the case typically ends at that point.

Felony trials take place before a jury of twelve members of the community and, like misdemeanors, require the unanimous vote of all twelve members to find the defendant either guilty or not guilty. Upon a finding of guilt, the judge, a lawyer who has been elected to the position, determines the appropriate sentence to be imposed.

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