My husband was arrested 10/25/15 for possession with intent to deliver and conspiracy. He had a court day 11/5/15 but was told since he didn't have a lawyer we could not get a bond reduction and it would b another 10 days. It's 11/16/15 he has a l...
I am assuming that the court hearing on 11/5/15 was a preliminary hearing. My question is, did he waive his time limits within which to have a preliminary hearing? If not, a prelim must be held within 10 days of your date of arrest if the defendant is incarcerated. IF he waived this time limit, he is at the mercy of the court's docket in rescheduling the preliminary.See question
I was sentenced to 1 year total in jail 6 months suspended for community corrections and other 6 months in jail. I did my 6 months in jail and I'm now working on my 5 month of community corrections. The magistrate is trying to make me restart my ...
I agree with the other answer given. Community corrections does not give you any credit for time served like home incarceration would. It is much more like probation. So, if you were to violate the terms of your sentence, then yes, your original suspend sentence will be put into effect.See question
the passenager of the wreck settled out of court with my insurance company, while he was in a nursing home, after being in there for 7 months they let him go home with his wife, he cought phnumona then went back to nursing home, then a few days la...
Signing a release with an insurance company does nothing to impact a criminal prosecution. The insurance claim is a civil case and wholly separate and apart from a criminal prosecution. Furthermore, the victim is not the one who decides whether or not to prosecute, it is the prosecuting attorney. I suggest you contact an experienced DUI attorney immediately if you have not already done so.See question
The person that put up the bail said they didn't get any back.
I would contact the clerk of the court where the charges were pending. Generally, they will have the bond money refunded in full once the case closes. If they gave the Court permission, when they signed the bonding papers, they Court could deduct the fines and costs as stated below.
Definitely contact the court clerk to find out what is going on though.See question
he says that if i don't continue to have sex with him and talk to him he's going to tell everyone. will i get into trouble?
The age of consent in West Virginia is 16. Therefore, you cannot be prosecuted for anything based solely upon the age difference.See question
When i was 14, i stole a bracelet from claire's and got caught. I had to go to juvenile services and meet with someone who had me write a paper about why shoplifting is bad. I also had to pay $50 to claire's. I am now 19 and about to have an inter...
It will not show up on a background check. All juvenile proceedings in West Virginia are closed proceedings. Therefore, anything related to the charge is kept in a sealed file which takes a court order to open. Due to this, it will not show up on a background check.See question
is second degree arson a criminal defense in the state of wv
Yes, and it carries with it a potential prison sentence of not less than 1 nor more than 10 years.See question
I commited 3 misdemeanor s last year and was sentenced to a year in jail, 6mo suspended for 6mo house arrest, and 6mo suspended for a year unsupervised probation. I am about to complete my term of house arrest. Will I have to report to anyone or...
Unsupervised is exactly what it sounds like. You do not have to report to anyone, or drug screen. Really the only way to screw up unsupervised probation is to get charged with another crime.See question
So I had been harassed by a girl for over a year. She had made several threats towards me, and my son, made racial remarks, and even threatened to shoot me. After dealing with it for over a year I had gotten fed up. She came to my home where I liv...
This is hard to answer as every case is different and every county handles their cases differently. However, your lack of a criminal history will work in your favor. As stated in the other response, the severity of the actual battery and the extent of any injuries could most likely determine the outcome.See question
Im 18. I'm at a treatment center in WV. Im court ordered to complete this long program. Can I get out of it? Do I have any adult rights? I have juvenile charges too, Will they be expunged?
If part of a juvenile case, then no, you cannot get out of it. You can be kept in the juvenile system in West Virginia until you are 21.
As for your juvenile charges, they will be sealed and will not be on your criminal record.See question