West Virginia Lawyer Blog

A man widely known to West Virginians for his crime fighting was recently charged with breaking and entering. Andrew Palmer, the former host of "West Virginia's Most Wanted," was found armed and driving a minivan. He allegedly threatened to shoot anyone who tried to arrest him because he feared going back to jail.

Palmer is a former convict who started "West Virginia's Most Wanted" in 2005 in order to track down local criminals and provide tips to police for unsolved crimes. Palmer is also considered to be a gang expert and is the founder of Chainbreakers, an anti-gang group. "West Virginia's Most Wanted" was credited with bringing to light details about a sniper shooting in 2003. In 2007, Palmer brought a source onto the show that said the attacks could be traced to a gang known as the "Charleston 5."

However, Palmer's own criminal record has not been spotless since 2005. In 2007, Palmer pleaded guilty to beating a man after he refused to buy Palmer drugs. In 2008, He pleaded guilty in Kanawha Circuit Court to breaking and entering E&H Manufacturing, making off with a GPS unit worth $100, as well as using a credit card stolen during the break-in to buy gas in the amount of $47. Palmer later claimed that he never committed those crimes, but pleaded guilty to avoid a longer prison sentence. In 2009, in response to these claims, the Kanawha Circuit Court judge adjusted Palmer's sentence, ordering him to serve three years on home confinement, along with drug testing and community service. Finally, in 2009, Palmer allegedly led police on a high-speed chase down Interstate 64. Given this history, it is sad, though unfortunately not surprising, that Palmer might have committed another crime.

Palmer is currently being held at the South Central Regional Jail. We at the Wolfe Law Firm hope that the charges against Palmer prove to be baseless, and he can remain among his loved ones. It is for people like Palmer that West Virginia criminal defense attorneys exist. Enshrined in the Sixth Amendment is the provision that a criminal suspect must have the assistance of counsel. If a criminal suspect is too poor to hire an attorney, one will be appointed.

Defense attorneys are charged with ensuring that whatever the suspect's past record, the suspect gets a full and fair hearing at trial. The criminal defense attorney also tries to ensure that the suspect gets the best possible terms, and may plea bargain for a lighter sentence prior to trial. A defense attorney may only do this with the suspect's informed consent -- he or she cannot simply act alone, even if the defense attorney believes that a plea bargain leading to a lesser charge, rather than a full trial on the more severe charges, would be the better option.

Continue reading "Crime Fighter From "West Virginia's Most Wanted" Arrested For Breaking and Entering" »

West Virginia's Attorney General Darrell McGraw has filed a lawsuit against a Georgia company in order to stop it from distributing ingredients that are then used to make illegal designer drugs.

The lawsuit was filed against Nutragenomics Manufacturing LLC in Putnam County Circuit Court. Attorney General McGraw argued that Nutragenomics products were frequently used to produce "bath salts" and K2, which are widely viewed as synthetic versions of cocaine and marijuana. The company allegedly markets the ingredients through various websites and then ships them by mail.

In April 2011, a ban on synthetic drugs went into effect in West Virginia, after growing evidence that they were being used frequently at high school and college parties. Studies have suggested that synthetic drugs can do more serious harm to those who take them than the drugs they imitate. Synthetic drugs have been linked to seizures, hypertension, psychotic episodes, suicidal thoughts, and death. Attorney General McGraw's lawsuit seeks the names of people who purchased Nutragenomics ingredients, to ban the company from advertising its products as legal and safe, and $5,000 penalties for each violation of the state's Consumer Protection Act.

Federal law already bans certain ingredients that have been used in the manufacturing and sale of synthetic drugs. However, the Attorney General's Office and Chad Napier, who is in charge of the Metro Drug Unit in Kanawha and Putnam counties, claim that companies like Nutragenomics change the molecular structure of the ingredients just enough in order to get around the law.

This is the first time the Attorney General's Office has gone to court for a civil action involving a chemical manufacturer like Nutragenomics. This is also the second major recent case in West Virginia that involved bath salts. An owner of two paraphernalia shops in Harrison County was indicted, along with three of his employees, on federal drug conspiracy charges for selling bath salts and synthetic marijuana. Given the Attorney General's commitment to this issue, the indictments and lawsuits will only grow in the future.

Continue reading "West Virginia's Attorney General Files Lawsuit Against Georgia Manufacturer of Synthetic Drug Ingredients" »

A mine safety expert, handpicked by West Virginia's Senator Joe Manchin to investigate three mining disasters, has been accused by NASA of conspiring with the Catholic college where he is employed to use millions of federal grant dollars for his personal gain and for the school's benefit.

Davitt McAteer is viewed by many to be expert on every type of mine, from Chilean gold mines to West Virginia coal mines. He was placed in charge of investigating the 2006 Sago mine explosion that trapped and killed 12 men, the 2006 Alma No. 1 fire that killed two men, and the 2010 Upper Big Branch mine explosion that killed 29. McAteer issued the first report on the causes of the Upper Big Branch explosion. He has also served as a commentator over the years on high-profile issues like the Chilean mine cave in that trapped 33 miners.

However, McAteer has also been under investigation since May 2010. He and Wheeling Jesuit University in West Virginia, where he has held several titles, may be guilty of as many as five crimes: theft of federal funds; fraud; false claims; conspiracy; and wire fraud.

Between 2000 and 2009, NASA gave Wheeling more than $116 million in federal awards for specific projects, with $65 million coming after McAteer took over the school's Sponsored Programs Office in 2005. When McAteer took over, he created a Combined Cost Management Service Center, which allegedly allowed him to control and consolidate all the expenses, whether related to the federal awards or not. The main accusation against him is that he used the new system to bill NASA for salaries and expenses even for those who did not work on the programs for which the money was intended. Federal investigators allege that the duties and salaries of his staff "did not, in any way, benefit the substantive work being done on the federal award projects."

At this point, it is not clear what the outcome will be. If McAteer did use federal funds for his gain, then it is a sad situation where someone with the public's trust abuses that trust. We rely upon investigators to protect us by giving us the information we need. When we find out they are lying, that forces us to think twice about whether that information is reliable. At a time when there have been significant cover ups about mine safety, such as with Upper Big Branch, people need to be able to trust the ones charged with exposing the cover ups.

Continue reading "West Virginia Mine Safety Expert Accused of Fraud and Other Crimes" »

Federal prosecutors are looking into whether the Mine Safety and Health Administration (MSHA) might have tipped off Massey Energy Company officials about inspections, prior to the events that led to the 2010 explosion at the Upper Big Branch mine. The explosion, the largest in West Virginia history, killed 29 workers.

The U.S. Attorney's office plans to look at testimony given by a former Upper Big Branch superintendent Gary May, alleging that federal MSHA inspectors regularly told company officials when they planned to visit the Massey-owned mine. May made these allegations as part of a deal to cooperate with the federal criminal investigation of the 2010 explosion. May had pleaded guilty to conspiring to violate mine safety standards and to cover up the resulting conditions.

May claimed that MSHA inspectors on the property would inform Upper Big Branch employees that they would be back to inspect the next day, and where they planned to inspect. While the inspectors only told a few individuals that they met, word would quickly spread to the other employees, including those who worked underground. May claimed that the practice predated his employment, and was a common practice at all of the mines where he had ever worked.

May's claims come in light of the fact that MSHA officials are focusing on a program set up by Massey where security guards gave underground crews notice of mine safety inspections. MSHA officials believe that these warnings gave Massey employees time to cover up any unsafe conditions at the Upper Big Branch mine and were a major contributor to the explosion.

MSHA officials disputed May's claims, stating that the agency never tipped off any workplace of a mine safety inspection. Information regarding inspections is meant to be restricted solely to MSHA personnel. Anyone who provides an advanced warning of an MSHA inspection faces up to six months in prison and $1,000 in fines.

Continue reading "Federal Government to Investigate Whether MSHA Officials Conspired With Massey Energy Prior to the Upper Big Branch Explosion" »

Lately, the news has been filled with the story of Trayvon Martin, a Florida teenager shot dead by a neighborhood watch patrolman. Martin had stopped at a convenience store and was walking home when 28-year old George Zimmerman began to follow him. Zimmerman was convinced that Martin was on drugs and inspecting houses to rob. After an ensuing scuffle, where it was unclear who attacked whom, Zimmerman shot Martin in the chest. Martin died, and Zimmerman claimed self defense under Florida's "Stand Your Ground" law. Since then, outrage has been building. Evidence suggests that Martin, who had no criminal record, was not the aggressor and was trying to evade Zimmerman. If Zimmerman were the true aggressor, then Florida's "Stand Your Ground" defense would not apply. Even so, many have pointed out that the mere existence of Florida's "Stand Your Ground" law has prompted people like Zimmerman to behave more recklessly than they otherwise might have. Could a Trayvon Martin sitation happen in West Virginia?

Roughly 21 states have adopted "Stand Your Ground" laws, including West Virginia. The idea behind "Stand Your Ground" is that the one in danger does not have a duty to retreat before using deadly force against the perpetrator. The duty to retreat has long existed in criminal law, and is often a component to proving that your were acting in self defense. However, the duty to retreat has several exceptions, such as if you were attacked in your home. Many of these exceptions are part of state law, and they are either known as "Stand Your Ground" laws or as "Castle" (as in "your home is your castle") laws.

West Virginia has a "Castle" law. Section 55-7-22 of the West Virginia Code states: "A lawful occupant within a home or other place of residence is justified in using reasonable and proportionate force, including deadly force, against an intruder or attacker to prevent a forcible entry into the home or residence or to terminate the intruder's or attacker's unlawful entry if the occupant reasonably apprehends that the intruder or attacker may kill or inflict serious bodily harm upon the occupant or others in the home or residence." The occupant may also use reasonable force if he or she "reasonably believes that the intruder or attacker intends to commit a felony in the home or residence and the occupant reasonably believes deadly force is necessary."

So while West Virginia law does not require retreat within the home, the law does not go any further than that. By contrast, Florida's "Stand Your Ground" law extends to the open street as well. Since the West Virginia law is more restricted, a Trayvon Martin situation could never happen here -- or could it? If Trayvon Martin came to the door to sell chocolates for school, or because he had a flat tire, couldn't a nervous home occupant shoot him and invoke the "Castle" law? He or she could claim to have "reasonably" apprehended that Martin was going to break in and kill everyone in the house. Even if an investigation cleared Martin of wrongdoing, it would be far too late.

We at the Wolfe Law Firm understand the reasons behind the "Castle" law. Many believe that you should not have to flee an attacker in your own home before using force against him. The "Castle" law has a long history, having first been established in 17th century English common law. At the same time, the "Castle" law, as well as other "Stand Your Ground" laws, makes hair trigger violent reactions much more likely. People frightened in their own homes might not actually be in physical danger, but they might perceive that they are and act accordingly, before they know what is really happening. Any West Virginia criminal defense attorney could tell you that many who seeming fit the profile of a criminal are often innocent. Yet when the law lets perceived victims shoot first and ask questions later, the innocent person ends up just as dead.

Four more West Virginia counties are poised to set up a juvenile drug court program, joining 12 counties with programs already in place. A juvenile drug court program is best described on the West Virginia Judiciary website as "a cooperative effort of the juvenile justice, social service, law enforcement, and education systems in the state." The goal is to prevent juvenile recidivism -- or situations where a reformed juvenile offender lapses and gets arrested again. The drug court diverts non-violent youths away from the usual court process and gives them individualized treatment.

Drug court programs could make a big difference for the juvenile offender population in this state. Controlled-substance violations are among the most frequent committed by youths. Around 6,500 youths are under a court-ordered diversion program or supervision by a probation officer every day. Drug program operators try to get at-risk youths into the program as soon as possible, before they have been officially charged with an offense. Those who work for the drug court programs affirm that they bring positive results. One program director spoke of participants who started out receiving Ds and Fs and never thought that they would finish high school. Instead, thanks to the program, they raised their grades significantly to Bs and Cs and received their diplomas. Another mentioned the cost benefits of having the program in place: the total cost of the program is $6,400, compared to $200 to $500 a day if the youth is given residential placement. The youth receives supervision while remaining in a familiar home and school environment.

Drug court locations are not random, but are instead determined by a data-driven process. West Virginia Supreme Court officials look at information such as filings for substance abuse and juvenile arrests. Based on this information, they then decide which counties would be the best locations for a juvenile court. Supreme Court officials recently designated Raleigh County as one that could support a full program. Jefferson County, Greenbrier County, and Harrison County are also looking to develop programs. Funding for the courts comes by way of legislative funds, grants, and miscellaneous funding received by the West Virginia Supreme Court of Appeals Administrative Office.

The long-term success of the juvenile drug program remains an open question. However, the oldest court in Cabell County has been in operation since 1999 and the program has only expanded since then. We at the Wolfe Law Firm fully support the counties' efforts to keep youths from becoming repeat offenders. No West Virginia criminal defense attorney wants to defend juvenile suspects during criminal trials when these youths could instead receive the chance to start on the right path. West Virginia has long had a troubled history with drug use and production, especially meth production. For far too many years, the national answer to any crime, even nonviolent ones, was to throw offenders in jail. By law, someone caught possessing or producing meth in West Virginia could be sentenced to 15 years in prison. It is not a productive use of this state's resources, not when the offender is an adult and especially not when the offender is young.

West Virginia lawmakers ended their 60-day session by passing a bill that it would be harder to produce illegal drugs. The Senate passed unanimously, and the House of Delegates by an 80-8 vote, a bill that would place tighter purchase limits on cold remedies used to make methamphetamines.

Those who sought to buy pseudoephedrine would be barred from purchasing more than 3.6 grams per day, 7.2 grams per month, or 48 grams per year. Presently, cold remedy purchases are limited to nine grams per month. Pharmacies are also required to keep these pseudoephedrine products behind the counter.

In addition, the bill would require West Virginia to join a tracking system for cold remedy purchases, although lawmakers would need to renew enrollment in the National Precursor Log Exchange by January 2015. While there would be no cap on the amount of prescription pseudoephedrine, the bill would increase scrutiny of pain drug prescriptions, as well as increase oversight of methadone treatment centers. Pseudoephedrine that could not be used to make meth would be exempt from cap limits.

Illegal meth production in home laboratories has long been a problem in West Virginia. It is one reason the state has wrestled with a different problem, overcrowded prisons, which lawmakers also sought to correct in the latest session. The latest bill would add 200 beds to a prison-based drug treatment program. Offenders who completed the program could receive a reduced sentence. Those who violated parole and probation would also gain a reprieve: instead of being returned to prison, they would receive incremental sanctions. The bill did not satisfy everyone. Some felt that the scope of the bill was too far reduced, while Republican lawmakers opposed many provisions, including that would convert the last six months of a drug offender's sentence to early parole.

We at the Wolfe Law Firm support efforts by lawmakers to both limit the ability to purchase components to make illegal drugs and offer alternatives to those convicted of possessing drugs. Drug use can be destructive, but it should not mean a life sentence when you have the ability to turn your life around. West Virginia criminal defense attorneys spend too much time trying to defend clients on drug charges or working out plea bargains with the prosecutors. While a certain percentage of users and distributors are dangerous, many are just ordinary people struggling with an addiction. If they were given the opportunity to clean up, and to address the problems that led them to drugs in the first place, they could return to society and not be a burden on taxpayers. Long prison sentences should not be doled out indiscriminately. We hope that the new legislation creating a drug treatment program produces good results.

Continue reading "West Virginia Lawmakers Pass Bills for Drug Treatment Programs and for Restricting Drug Purchases Over the Counter" »

The Obama administration has announced that it is expanding the FBI's definition of rape, which has been in place for eight decades. Key changes include dropping a requirement that the victim must physically resist the attacker, and expanding the definition to include male victims.

The result will be that more people would be considered rape victims in the FBI statistics, but otherwise, state and federal crime laws will not change. However, rape statistics, as part of overall crime statistics, are used to determine how much money lawmakers allocate toward prevention.

The original definition of rape was "the carnal knowledge of a female, forcibly and against her will." The revised definition states that rape is "the penetration, no matter how slight, of the vagina or anus with any body part or object," without the victim's consent of the victim. In addition, the new definition states that rape is "oral penetration by a sex organ of another person" without consent. The revised definition does not specify gender, and includes the rape of someone incapable of giving consent, either because of the influence of drugs or alcohol, or because of age. The victim no longer needs to put up resistance in order for the act to qualify as rape.

Because of the changes, the number of reported rapes will likely rise, but it is unclear exactly how much. Vice President Biden claimed that the revised definition was a victory for men and women who had suffered, but who went without justice for 80 years.

It is always helpful for a West Virginia criminal defense attorney to be aware of changes in the law -- for rape or any other crime -- when defending clients charged with crimes in this state. The new legal definition, while long overdue, will obviously pose new challenges for criminal defense attorneys. Behavior once thought to be "acceptable" would now be unacceptable, and people might find themselves charged with crimes that would not have been crimes in previous years.

Continue reading "Change in Federal Definition of Rape May Change the Way Rape Crimes Are Dealt With in West Virginia, Other States" »

Recently, five people were arrested in Charleston after police discovered a methamphetamine laboratory in a private home. The police investigated the home at 9:30 pm in the evening after receiving an anonymous tip. Although the homeowner, Shane Thaxton, told police that there were no illegal substances in the house, he gave written consent for the police to investigate. The search of the home and the surrounding buildings allegedly unearthed a methamphetamine laboratory. The laboratory contained ingredients such as residue, rubber gloves, coffee filters, and some small plastic bags containing an unknown white powder. Police ended up arresting Thaxton and four other adults living in the house, their ages ranging from mid-20s to their 30s. All were later taken to prison, where their bail was set at $25,000 apiece.

Addiction to methamphetamines is a problem that is nationwide. Methamphetamine is a crystallized powder referred to by various names, including "crystal meth," "meth," or "crank." People take "meth" for a variety of reasons -- for greater energy, self-esteem, and euphoria. However, meth use can also lead to a greater likelihood of anxiety, depression, and decreased appetite.

Meth is a big problem in West Virginia, both in terms of use and production. Most meth available in West Virginia is produced locally, with whatever is left over is shipped to border states or Mexico. Meth levels are reported to be higher in the western end of the state than the eastern end. Meth is frequently produced in home laboratories, where it can be done cheaply and privately. A telltale sign that meth is being produced in a private home is a noxious chemical odor emanating from it. Those who are caught producing or taking meth will be subject to strict federal drug laws. In that case, they would need a West Virginia criminal defense attorney to defend them and try to reduce their charges.

Many people who use and produce methamphetamines do so for reasons that are complicated and are not always generally understood. Nonetheless, even people guilty of a criminal act need an attorney to represent them. A criminal attorney can investigate whether police used all legal procedures to obtain evidence. For instance, in this case, the homeowner gave written consent for the police to enter and search. Assuming that the written consent was not forced, that is a valid way for police to search a home without a warrant. However, often permission to enter is not so clear cut. Ideally, police should have a warrant that states specifically what they must search for, and they must not go outside the bounds of the warrant. In reality, police may enter and search a residence without a warrant, which violates the homeowners' Fourth Amendment rights. Even if police had a search warrant, it may be too vaguely worded, or the police might ignore its scope and search throughout the house when they should limit their search to the downstairs rooms. An experienced attorney would investigate this and argue that the evidence obtained in these searches was illegal and should not be admitted in court. We at the Wolfe Law Firm have years of experience with criminal defense. If you need an attorney to represent you in a criminal proceeding, give us a call.

Circuit Judge Alan Moats has asked West Virginia lawmakers to review the state's definition of child abuse and neglect to include parents who keep their (otherwise healthy) children home from school on a regular basis.

Although Judge Moats does not think that children kept out of school are in physical danger, he believes that they are still harmed by the experience because their parents are denying them a constitutional right to an education. At present, West Virginia Code Chapter 49 states that abuse and neglect consist of harm, or threatened harm, to a child's welfare or health. This is done by a physical, mental, or emotional injury, such as corporal punishment or sexual abuse. The Code does not permit any leeway that would let it apply to non-health-related crimes -- any prosecutor bringing a case of child neglect must prove harm to the child's health.

Yet Judge Moats believes that keeping a healthy child out of school has long-term costs: truancy can be passed down in families, from generation to generation. Many child truants end up dropping out of school altogether -- 34,547 people over the past decade. While Judge Moats acknowledges that other problems such as depression, bullying, or drug abuse could be the reason, he also thinks that parental habits are a problem. Parents won't or can't take the children to school. Sometimes children have to be the "adults" of the household and take care of younger siblings while the parents are ill. Several parents have gone to great lengths to keep this arrangement in place, including finding doctors willing to sign a sick note for their children regardless of their health.

Children who frequently miss school are also more likely to get involved with illegal drug use and other crimes. Their teachers face the strain of having to teach class work all over again if the children ever do return to school. Judge Moats hopes that if educational neglect is added to the state Code, it will have a positive effect.

The child negligence here is very different from the kind we at the Wolfe Law Firm typically deal with. Child injury is usually physical, in the form of physical abuse or accidents caused by malfunctioning products or outside parties (such as car accidents). When one discovers that a child has been physically abused, it is possible to go out and hire a West Virginia child injury attorney to represent the child against the one responsible for the abuse. Similarly, when a child is injured as the result of an outsider's negligence, an experienced attorney could represent the child against the one who caused the harm. However, Judge Moats brings up an interesting difficulty: what happens when the "neglectful" behavior is a cultural norm? Many probably think that a child staying home to care for the family, for instance, is perfectly acceptable and not abuse at all. Other times children might stay home to help parents with very arduous labor. It may be hard to convince some West Virginians that this norm may harm the child in the long run. Hopefully Judge Moats's efforts will yield the right results.

An Ohio County Prosecutor will not be involved in a case against a Wheeling police officer due to a conflict of interest. The reasons given for not having Prosecutor Scott Smith involved in Officer Matthew Kotson's case -- in which Kotson has been accused of sexually assaulting two women -- is because Smith's office has long had a close working relationship with the Wheeling police department.

Kotson is accused of assaulting two women during different times. One woman later visited the Wheeling police department on Thanksgiving Day with the charge that Kotson had assaulted her that morning. Kotson allegedly went to her home and began making unsolicited sexual advances, which did not stop despite the woman's pleas. Kotson allegedly followed the woman into her bathroom and pushed her against the wall before sexually assaulting her. Later, while not admitting to sexual assault, Kotson allegedly admitted that he visited the woman's house and touched her in a sexual manner.

Statements by other women conformed to Kotson's accuser's claims. Each women with a prior relationship with Kotson alleged that he made aggressive sexual advances on multiple occasions. One even claimed that Kotson held her down and forced her to take part in nonconsensual sex three separate times. Kotson has been put on unpaid leave, and the police department is looking into disciplinary action. Meanwhile, the Ohio County Magistrate arraigned Kotson on four counts of second-degree sexual assault. Kotson was able to post a $40,000 bond to secure his release.

Prosecutor Smith does not know whom the West Virginia Prosecuting Attorneys institute will try to get in his place, but they normally try to find prosecutors in a neighboring county. Smith noted that the process is common, and that Ohio County prosecutors handle several other matters that originated in other counties. Besides a special prosecutor, a magistrate is also expected to work on Kotson's case.

The Wolfe Law Firm supports the West Virginia Prosecuting Attorneys' actions. Integrity in any criminal case is important, especially when a person's freedom (or even his or her life) is at stake. Even though one would think that a West Virginia criminal defense lawyer would like to see the prosecutor be lenient on the criminal suspect, it shouldn't be under suspicious circumstances, such as if the prosecutor were a close friend or colleague of the suspect. In order for the criminal justice system to function, people need to believe that it works. That means the evidence was gathered without police violating Constitutional protections. It also means police officers can be held properly accountable for their unlawful actions, whether during the course of employment or in private. And it means that all conflicts of interest are discovered and removed before the case gets underway.

Continue reading "Conflict of Interest Prevents Ohio County Prosecutor From Overseeing Case Against a Wheeling Police Officer" »

Americans have higher rates of gun ownership than ever before, and West Virginia is one of the states that leads the way. According to a Gallup poll, 47% of American adults report having a gun in their home, up 2 or 3% from back in 1993. West Virginia adults ranked fifth in the nation, with 55.4% carrying a gun.

The reasons for the rise in gun ownership -- or at least the reporting of gun ownership -- are not clear, though one private gun dealer speculates that it could be because many feared that President Obama would sign legislation that restricted gun use. Other reasons could be that many people want to take advantage of concealed carry, or are simply more comfortable with letting others know that they have a gun. The Gallup poll found that only 26% of people were in favor of a legal ban on the possession of handguns.

Gun ownership is a time-honored tradition in West Virginia. Like anything worth having, it is worth doing right. That is why those who own a gun should know how to use it responsibly. West Virginia requires individuals at least 21 years old to apply for a license: this involves providing (1) a $75 licensing fee, (2) important information such as a Social Security number, (3) proof of residency, (4) proof of mental competence, (5) proof that he or she does not have a substance abuse problem, and (6) proof that he or she has not committed a prior felony or other acts of violence. Sadly, even with these requirements, West Virginia ranks in the national top 10 for gun-related deaths, with 15 deaths per 100,000 residents. Some of these deaths are accidents and some are from murder.

The Wolfe Law Firm has represented many people accused of illegal gun use both in federal court and in West Virginia Circuit Court. In West Virginia, two notable charges are wanton endangerment involving a firearm and felony possession of a firearm. Wanton endangerment involving a firearm, or "wantonly perform[ing] any act with a firearm which creates a substantial risk of death or serious bodily injury to another" can carry up to five years in prison. Many people don't understand the consequences of their actions when they use a gun, which is why they need an experienced West Virginia criminal defense attorney to represent their interests. A criminal defense attorney could work to have their charges reduced, depending upon the circumstances.

Accidental shooting could also lead to a civil lawsuit, with the injured party suing the shooter for negligence. The injured party would argue that the shooter had a duty of care to the injured party to operate the gun according to state regulations. The shooter breached his or her duty by operating the gun carelessly. The breach resulted in the injured party's injury (getting shot) and the injured party suffered damage such as a gunshot wound. Besides being subject to the criminal code, the shooter could also be forced to pay a sum of money for the injured party's medical expenses and pain and suffering. That is why if you or your loved one is in such a situation, you should find an attorney to represent your interests as soon as possible.

West Virginia is the second highest state on an unflattering list: the number of prescription drug overdoses in the nation. Only New Mexico has more. It is also home to prescription pill trafficking, described by one U.S. Attorney as the "number one problem facing law enforcement in the Northern Panhandle."

Dubbed "America's Most Medicated State" in 2010, West Virginia physicians are the most likely to give out prescriptions -- 18.4 prescriptions per capita, to be exact. Many of these prescriptions are for valid purposes, as many West Virginians have "comorbid" conditions that require several drugs. More than 68% of people are obese, more than a quarter (27%) smoke, and 20% are disabled. At the same time, many people use and abuse prescription drugs for non-medical reasons. The ease of doling out prescriptions has made West Virginia a "source" state for people from other states who can't get prescription drugs as easily. Federal and state law enforcement agents are now working together to put a stop to trafficking crimes related to prescription drugs.

While drug trafficking is a legitimate concern, too many people face harsh sentences for minor drug possession. We at the Wolfe Law Firm have seen our share of drug cases at the state and federal level. On the federal level, the Wolfe Law Firm has defended criminal suspects against drug distribution charges brought by the FBI, the Bureau of Alcohol, Tobacco, and Firearms (ATF), and the U.S. Attorney's Office. At the state level, the firm has defended suspects accused of (1) possession of drugs with intent to deliver, (2) delivery of a controlled substance, and (3) manufacturing of a controlled substance. Anyone suspected of a drug crime would be wise to find an experienced West Virginia criminal defense attorney as soon as possible.

One reason is because of the United States Sentencing Guidelines, which can provide disproportionately harsh sentences for seemingly minor crimes. The Sentencing Guidelines use a sentencing table that contains the level of the crime, the zone of the crime (the zone dictated the length of the sentence), and criminal history. From there, the Sentencing Guidelines are meant to produce a fair sentence and create more certainty. Unfortunately, too often the Sentencing Guidelines have done the opposite. Only in 2010 did the Sentencing Guidelines eliminate the significant difference in sentences between possession of crack cocaine and possession of cocaine base. (Thankfully, the United States Sentencing Commission has voted to make the 2010 amendment retroactive.) While federal judges are not required to follow the Sentencing Guidelines (they are just "advisory"), many of them still do.

Being caught possessing drugs -- with no intent to sell or distribute them -- should not mean the loss of your freedom for years. That is why if you or your loved one are caught with drugs, an experienced attorney is crucial for your defense. Experienced criminal defense attorneys know how to get evidence thrown out if it is the product of an illegal search, or could successfully get a sentence reduced. If your loved one has been charged with drug trafficking, don't wait -- find a criminal defense attorney immediately.

The harsh reality is that most people charged with a crime end up being convicted. Of those convicted, a majority in West Virginia are sent to a regional jail system where they wait to finish their sentence in the state penitentiary system. The State of West Virginia has then Regional Jails and in those regional jails are 1,763 inmates who are under inmates under the Division of Corrections awaiting space at one of the state's 14 Division of Corrections facilities. The problem is that both the Regional Jails and the State Departments of Corrections are both over crowded.

At the end of 2010, the Division of Corrections in West Virginia had 6,681 inmates. The number of inmates who are sentenced to the Department of Correction in West Virginia is expected to increase to 8,251 by the year 2015, and 9,732 by the year 2020. In February of 2011, the Office of Research and Strategic Planning published a document entitled West Virginia Correctional Population Forecast 2010 to 2020, A Study of the State's Prison System.

Under the West Virginia's regional jail program an inmate sentenced to the West Virginia State Penitentiary, he most likely will be housed in a regional jail anywhere from six to 18 months while waiting on a bed for one of the state penitentiary systems. The regional jails are overburdened, and most prisoners are double bunked, left sleeping on the floors. The Huttonsville Correctional Center has built extra dorms, which are now over housed.

West Virginia is a small state, roughly 1.9 million citizens. However, the prison population grew by 5.1 percent in 2009 and 4.9 percent in 2010. Of the next decade, it is projected to grow an average of 4.6 per year. Now many people out there say "Well, you commit the crime, you should do the time," and they have no problem with the prison population. The problem is that we can expect to receive an additional 305 inmates per year over the next 10 years, and 72.4 percent of all new prison admissions are for nonviolent offenders. Many of these offenders could continue to function in society, paying taxes and being productive citizens. However, they are being sent to the penitentiary system.

Continue reading "West Virginia prison population growth is second fastest of all States in the United States" »