Blount DUI-DWI Lawyer, West Virginia

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Claude S. Smith, III
About | Practice Areas
The Law Offices of Claude S. Smith III
805 Bigley Avenue Charleston, WV 25302» view map
Criminal Defense Law
Working With Clients One On One

As your attorney, I will make sure you know that I am here for you. I will keep you updated on your case as it progresses.

800-936-8471
1. Claude S. Smith, III Charleston, WV
  Attorney at Law - WV, 1992
  University of Houston J.D. 1989
2. AboutThe Law Offices of Claude S. Smith III
  Working With Clients One On One
3. Practice AreasExpertise
  Criminal Defense Law
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Jacqueline Ann Hallinan

Bad Faith Insurance, Civil Rights, Criminal, DUI-DWI

Status: In Good Standing

FREE CONSULTATION

CONTACT

100 Capitol Street, Charleston, WV 25301

William W. Pepper

Power of Attorney, Family Law, DUI-DWI, Bankruptcy

Status: In Good Standing Licensed: 48 Years

CONTACT

8 Hale St, Charleston, WV 25301

Andrew Cory Shaffer

Patent, DUI-DWI

Status: In Good Standing Licensed: 9 Years

CONTACT

Charleston, WV 25339

Donald Christopher Parker

Family Law, Household Mold, Credit & Debt, Personal Injury, DUI-DWI

Status: In Good Standing Licensed: 26 Years

CONTACT

Charleston, WV 25321

Adam Ketner Strider

Power of Attorney, Landlord-Tenant, Immigration, DUI-DWI

Status: In Good Standing

CONTACT

2 Hale Street, Charleston, WV 25301

Mike Kelly

Power of Attorney, DUI-DWI

Status: In Good Standing Licensed: 48 Years

CONTACT

Charleston, WV 25321

Travis Allen Griffith

DUI-DWI, Personal Injury

Status: In Good Standing Licensed: 21 Years

CONTACT

10 Hale Street, Charleston, WV 25301

John E. Dorsey

Real Estate, Estate, Divorce & Family Law, DUI-DWI

Status: In Good Standing Licensed: 52 Years

CONTACT

407 Pennsylvania Ave, Charleston, WV 25302

John J. Polak

Estate, Wrongful Termination, Family Law, DUI-DWI

Status: In Good Standing

CONTACT

2306 Kanawha Blvd E, Charleston, WV 25311

Robert Bruce Warner

Lawsuit, Workers' Compensation, DUI-DWI, Bankruptcy, Accident & Injury

Status: In Good Standing

CONTACT

227 Capitol Street, Charleston, WV 25333

800-923-0641

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LEGAL TERMS

NOLLE PROSEQUI

Latin for 'we shall no longer prosecute.' At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue... (more...)

Latin for 'we shall no longer prosecute.' At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue the matter. An entry of nolle prosequi may be made at any time after charges are brought and before a verdict is returned or a plea entered. Essentially, it is an admission on the part of the prosecution that some aspect of its case against the defendant has fallen apart. Most of the time, prosecutors need a judge's A1:C576 to 'nol-pros' a case. (See Federal Rule of Criminal Procedure 48a.) Abbreviated 'nol. pros.' or 'nol-pros.'

BURDEN OF PROOF

A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convi... (more...)

A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury 'by a preponderance of the evidence' that the plaintiff's version is true -- that is, over 50% of the believable evidence is in the plaintiff's favor. In a criminal case, because a person's liberty is at stake, the government has a harder job, and must convince the judge or jury beyond a reasonable doubt that the defendant is guilty.

INFRACTION

A minor violation of the law that is punishable only by a fine--for example, a traffic or parking ticket. Not all vehicle-related violations are infractions, ho... (more...)

A minor violation of the law that is punishable only by a fine--for example, a traffic or parking ticket. Not all vehicle-related violations are infractions, however--refusing to identify oneself when involved in an accident is a misdemeanor in some states.

SELF-DEFENSE

An affirmative defense to a crime. Self-defense is the use of reasonable force to protect oneself from an aggressor. Self-defense shields a person from criminal... (more...)

An affirmative defense to a crime. Self-defense is the use of reasonable force to protect oneself from an aggressor. Self-defense shields a person from criminal liability for the harm inflicted on the aggressor. For example, a robbery victim who takes the robber's weapon and uses it against the robber during a struggle won't be liable for assault and battery since he can show that his action was reasonably necessary to protect himself from imminent harm.

CONTINGENCY FEE

A method of paying a lawyer for legal representation by which, instead of an hourly or per job fee, the lawyer receives a percentage of the money her client obt... (more...)

A method of paying a lawyer for legal representation by which, instead of an hourly or per job fee, the lawyer receives a percentage of the money her client obtains after settling or winning the case. Often contingency fee agreements -- which are most commonly used in personal injury cases -- award the successful lawyer between 20% and 50% of the amount recovered. Lawyers representing defendants charged with crimes may not charge contingency fees. In most states, contingency fee agreements must be in writing.

CIRCUMSTANTIAL EVIDENCE

Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or j... (more...)

Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or jury may infer that the person committed the crime.

ACQUITTAL

A decision by a judge or jury that a defendant in a criminal case is not guilty of a crime. An acquittal is not a finding of innocence; it is simply a conclusio... (more...)

A decision by a judge or jury that a defendant in a criminal case is not guilty of a crime. An acquittal is not a finding of innocence; it is simply a conclusion that the prosecution has not proved its case beyond a reasonable doubt.

CRIMINAL LAW

Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not p... (more...)

Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not punishable by imprisonment. In order to be found guilty of a criminal law, the prosecution must show that the defendant intended to act as he did; in civil law, you may sometimes be responsible for your actions even though you did not intend the consequences. For example, civil law makes you financially responsible for a car accident you caused but didn't intend.

ARRAIGNMENT

A court appearance in which the defendant is formally charged with a crime and asked to respond by pleading guilty, not guilty or nolo contendere. Other matters... (more...)

A court appearance in which the defendant is formally charged with a crime and asked to respond by pleading guilty, not guilty or nolo contendere. Other matters often handled at the arraignment are arranging for the appointment of a lawyer to represent the defendant and the setting of bail.

SAMPLE LEGAL CASES

Lowe v. Cicchirillo

... W.Va.Code Â§ 17C-5A-1a(a)(1994) does not require that a police officer actually see or observe a person move, drive, or operate a motor vehicle while the officer is physically present before the officer can charge that person with DUI under this statute, so long as all the ...

Carpenter v. Cicchirillo

... By that order, the circuit court reversed a DMV order that revoked the driver's license of the petitioner below and appellee herein, Jeffrey Carpenter (hereinafter "Mr. Carpenter"), for driving under the influence of alcohol (hereinafter "DUI"). ...

Cain v. DIV. OF MOTOR VEHICLES

... According to the Commissioner, the trial court erred in ruling that the arresting officer lacked the predicate basis for concluding that a crime had been committed at the time of Mr. Cain's arrest for driving under the influence ("DUI"). ...

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Blount DUI-DWI Lawyer, West Virginia

Sponsored Law Firm

The Law Offices of Claude S. Smith III

SPONSORED LAWYERS

Jacqueline Ann Hallinan

William W. Pepper

Andrew Cory Shaffer

Donald Christopher Parker

Adam Ketner Strider

Mike Kelly

Travis Allen Griffith

John E. Dorsey

John J. Polak

Robert Bruce Warner

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LEGAL TERMS

NOLLE PROSEQUI

BURDEN OF PROOF

INFRACTION

SELF-DEFENSE

CONTINGENCY FEE

CIRCUMSTANTIAL EVIDENCE

ACQUITTAL

CRIMINAL LAW

ARRAIGNMENT

SAMPLE LEGAL CASES

Lowe v. Cicchirillo

Carpenter v. Cicchirillo

Cain v. DIV. OF MOTOR VEHICLES

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