Criminal Defense in Charleston, WV

What Is A Criminal Defense Lawyer?

Because a criminal conviction can have serious consequences, you want an experienced Charleston, West Virginia attorney on your side. These attorneys research the facts of your case so you can have peace of mind. By performing their own investigation, criminal defense attorneys put you in a better position to negotiate a deal with the prosecutors, possibly resulting in reduced charges, a lower bail amount, less sentencing time, and even possibly dismissed charges. Put simply, hiring a defense lawyer in Charleston, WV is the most effective way to protect your rights.

Unfortunately, the West Virginia criminal process more than likely leads to costly fines, jail time, and possible incarceration for those who do not have competent legal counsel. As jails become increasingly overcrowded, criminal defense attorneys work with prosecutors to reduce the time that you may spend in jail. They do this by formulating a plea, reviewing the procedure of the search and seizure, questioning witnesses, gathering evidence, assessing the potential sentence, and investigating the prosecutor’s case. Furthermore, your Charleston criminal defense lawyer helps you understand the complex criminal justice system.

Hiring a Criminal Defense Lawyer in Charleston, West Virginia

Hiring a criminal defense lawyer gives you access to a Charleston professional who defends you aggressively. This means you have someone standing beside you when you face the judge. If you are looking to hire a compassionate and committed criminal defense lawyer in Charleston, WV who is ready to help represent you in court, we have lawyers that are standing by in all areas of law throughout multiple locations in the United States. Get in contact with us today.

What is the Difference Between Parole and Probation?

If you are facing criminal charges in Charleston you may have an option for either parole or probation. While their names are similar, these two concepts are vastly different. Your criminal defense attorney can help you understand these alternatives to incarceration.

Probation

Probation is typically an alternative to jail or prison. There are times where a judge may order a defendant to serve probation. If you are on probation, you will be under a certain set of guidelines. Furthermore, there will also likely be strict supervision rules.

Because of this, West Virginia laws are in place to force you to submit to warrantless searches without any probable cause.

When you receive probation, a judge usually will give you an opportunity to show that you have an interest in receiving rehabilitation. Probation in place of an incarceration sentence may not be an option without expert defense, though. Accordingly, to avoid a direct prison sentence you should immediately seek legal advice.

Even though probation does not send you to jail, it usually requires you to follow many of the same conditions that come with serving time in prison. Some of these conditions include participating in rehabilitating programs, following a curfew, and receiving frequent drug testing.

In Charleston, West Virginia you may be also required to pay restitution, court costs, a fine and any other fees. The length of time you are on probation may drastically range, depending on the initial crime and your previous history.  

The West Virginia Legislature stipulates that the total period of probation shall not exceed seven years. Specifically, this time period includes the original term of probation plus any extensions ordered for probation violations. However, if an individual is sentenced to life imprisonment, they are not eligible for probation.

Probation Revoked

If you do not follow the precise instructions a judge gives you, the judge may revoke your probation. This typically results in incarceration. Furthermore, depending on the nature of your violation, you may receive an additional sentence beyond your initial one.

In West Virginia, probation is handled by the Division of Probation Services of the West Virginia Judiciary. If you are on probation in Charleston, you will typically be assigned a probation officer by the Thirteenth Judicial Circuit Court. You will meet regularly with your probation officer at the Kanawha County Probation Office. Other conditions of probation can include paying a monthly supervision fee and remaining within state borders. A probation officer can arrest you without a warrant if they believe you have violated the terms of your probation. A probation violation hearing will be held once you are in custody. The judge can order confinement for 60 to 120 days after a violation under West Virginia Criminal Procedure. Only a qualified Charleston lawyer can protect your rights to the fullest extent possible in this situation.

Typically, a probation officer manages your probation. This officer monitors your progress and compliance. He or she also files periodic reports with the court. Accordingly, if you do not comply with the terms of your probation, the judge is apt to know. Then he or she may then revoke your probation and send you to jail. A Charleston, West Virginia criminal defense attorney can help you with probation violations.

Parole

Instead of interacting with a probation officer, parole requires you to report to a parole officer. A parole officer will outline any expectations you are to meet.  In addition to the rules of your parole. He or she also monitors your progress and reports back to the court and the parole board.

Parole is a term to refer to the period of time that comes after a release from incarceration. Just as with probation, there are usually many conditions and safeguards that you must follow during your parole.

The West Virginia Division of Corrections and Rehabilitation is responsible for administering parole in Charleston, West Virginia. Upon release from incarceration, you must report to your parole officer within 24 hours. You will typically meet regularly with your parole officer at the Charleston Parole Office. Other conditions of parole can include relinquishing all weapons, submitting to random drug tests, and paying a monthly supervision fee. Under West Virginia law, if you violate parole you can be arrested without a warrant. You will then be given a prompt hearing before the Parole Board. Fortunately, you also have the right to an attorney at the hearing. The Parole Board can reinstate your parole with modifications or order you to serve out the remainder of your sentence. Having a qualified Charleston attorney on your side will help ensure the best possible outcome.

If you violate the terms of your parole, the parole board may require you to finish the remaining time of your sentence. Certain violations, though, may result in additional charges and a longer incarceration time resulting in the need for a Charleston, WV criminal defense attorney.

Work With an Experienced Local Charleston, West Virginia Criminal Defense Lawyer

A Charleston criminal defense attorney works with the prosecuting attorney to determine a beneficial outcome in your criminal case. You may not want to go through the criminal justice process alone. By working together to negotiate an affordable bond or a later plea deal, an experienced Charleston, WV criminal defense lawyer uses all available resources and relationships with prosecutors to negotiate the best possible outcome for your criminal defense case. He or she may also help you seek a dismissal of your criminal complaint.

If you or a loved one is facing criminal charges in any state, contact our team to learn how we can connect you with a reputable criminal defense attorney near you. We can even help you connect with an attorney across West Virginia state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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