Best Criminal Defense Attorneys in Charleston

FAQs

• What is the non-emergency contact number for the local police station in Charleston, West Virginia?

  The non-emergency contact number for the Charleston Police Department is 304-348-8111.

• Where can I get a copy of police reports for incidents related to my case in Charleston, West Virginia?

  You may get a copy of the police report for incidents related to your case at the Charleston Police Department's Records Division, located on the Court Street side of City Hall at 501 Virginia Street.

• What are the commonly reported crimes in Charleston?

  The most commonly reported crime in Charleston is theft, with a rate of 13.11 per 1,000 residents in a standard year. Other commonly reported crimes are vandalism, with a rate of 8.153, and burglary, with a rate of 3.019. Assault, drug crimes, identity theft, and arson also occur more than other criminal offenses.

• What are the safest neighborhoods in Charleston?

  According to data culled from local law enforcement agencies, the safest neighborhoods in Charleston are Rocky Fork, Loudon Heights, Sissonville, South Hills West, and Derricks Creek. Other relatively safe areas in the metro include Tyler Heights, Guthrie, Blount, and Loudendale. In general, however, Charleston has one of the highest crime rates in the country for its size.

• What is the criminal process for Charleston DUI charges?

  Following a DUI arrest in Charleston, the defendant will be arraigned and released from jail within 24 hours of their arrest. After the release, he or she will receive a hearing notice from the local municipal or magistrate court. Failure to appear at one’s hearing may lead to the issuing of bench warrants and many of one’s rights being waived.

• How does Charleston penalize drug offenses?

  Possession of marijuana, which is the most common drug crime in Charleston, is punishable by up to six months in jail and a maximum fine of $1,000. Other drug crimes, such as the manufacturing, transport, distribution, and sale of illegal substances are considered felony offenses. The penalties are also increased if there is death or bodily injury involved.

• Who investigates Charleston federal crimes?

  Depending on the nature of the crime, federal offenses in Charleston are investigated by the Federal Bureau of Investigation, Drug Enforcement Administration, Office of Inspector General, and the Internal Revenue Service. These authorities often work together with prosecutors from the U.S. Attorney’s Office in Charleston. Examples of federal crimes include fraud, tax evasion, and bribery.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.