Dawes 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

J. Mingo Winters

Bad Faith, DUI-DWI, Collection, Consumer Bankruptcy

Status: In Good Standing

FREE CONSULTATION

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102 McCreery Street, Beckley, WV 25801

David Roger Pence

Social Security -- Disability, Government, DUI-DWI, Criminal

Status: In Good Standing

CONTACT

Charleston, WV 25336

800-923-0641

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LEGAL TERMS

CHARGE

A formal accusation of criminal activity. The prosecuting attorney decides on the charges, after reviewing police reports, witness statements and any other evid... (more...)

A formal accusation of criminal activity. The prosecuting attorney decides on the charges, after reviewing police reports, witness statements and any other evidence of wrongdoing. Formal charges are announced at an arrested person's arraignment.

INFORMATION

The name of the document, sometimes called a criminal complaint or petition in which a prosecutor charges a criminal defendant with a crime, either a felony or ... (more...)

The name of the document, sometimes called a criminal complaint or petition in which a prosecutor charges a criminal defendant with a crime, either a felony or a misdemeanor. The information tells the defendant what crime he is charged with, against whom and when the offense allegedly occurred, but the prosecutor is not obliged to go into great detail. If the defendant wants more specifics, he must ask for it by way of a discovery request. Compare indictment.

HOMICIDE

The killing of one human being by the act or omission of another. The term applies to all such killings, whether criminal or not. Homicide is considered noncrim... (more...)

The killing of one human being by the act or omission of another. The term applies to all such killings, whether criminal or not. Homicide is considered noncriminal in a number of situations, including deaths as the result of war and putting someone to death by the valid sentence of a court. Killing may also be legally justified or excused, as it is in cases of self-defense or when someone is killed by another person who is attempting to prevent a violent felony. Criminal homicide occurs when a person purposely, knowingly, recklessly or negligently causes the death of another. Murder and manslaughter are both examples of criminal homicide.

PRESUMPTION OF INNOCENCE

One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecu... (more...)

One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecution must prove, beyond a reasonable doubt, each element of the crime charged.

GREEN CARD

The well-known term for an Alien Registration Receipt Card. This plastic photo identification card is given to individuals who are legal permanent residents of ... (more...)

The well-known term for an Alien Registration Receipt Card. This plastic photo identification card is given to individuals who are legal permanent residents of the United States. It serves as a U.S. entry document in place of a visa, enabling permanent residents to return to the United States after temporary absences. The key characteristic of a green card is that it allows the holder to live permanently in the United States. Unless you abandon your residence or violate certain criminal or immigration laws, your green card can never be taken away. Possession of a green card also allows you to work in the United States legally. Those who hold green cards for a certain length of time may eventually apply for U.S. citizenship. Green cards have an expiration date of ten years from issuance. This does not mean that your permanent resident status expires. You must simply apply for a new card.

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.

PROSECUTE

When a local District Attorney, state Attorney General or federal United States Attorney brings a criminal case against a defendant.

IMPRISON

To put a person in prison or jail or otherwise confine him as punishment for committing a crime.

FALSE IMPRISONMENT

Intentionally restraining another person without having the legal right to do so. It's not necessary that physical force be used; threats or a show of apparent ... (more...)

Intentionally restraining another person without having the legal right to do so. It's not necessary that physical force be used; threats or a show of apparent authority are sufficient. False imprisonment is a misdemeanor and a tort (a civil wrong). If the perpetrator confines the victim for a substantial period of time (or moves him a significant distance) in order to commit a felony, the false imprisonment may become a kidnapping. People who are arrested and get the charges dropped, or are later acquitted, often think that they can sue the arresting officer for false imprisonment (also known as false arrest). These lawsuits rarely succeed: As long as the officer had probable cause to arrest the person, the officer will not be liable for a false arrest, even if it turns out later that the information the officer relied upon was incorrect.

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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Dawes DUI-DWI Lawyer, West Virginia

Sponsored Law Firm

The Law Offices of Claude S. Smith III

SPONSORED LAWYERS

Jacqueline Ann Hallinan

J. Mingo Winters

David Roger Pence

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LEGAL TERMS

CHARGE

INFORMATION

HOMICIDE

PRESUMPTION OF INNOCENCE

GREEN CARD

CIRCUMSTANTIAL EVIDENCE

PROSECUTE

IMPRISON

FALSE IMPRISONMENT

SAMPLE LEGAL CASES

Lowe v. Cicchirillo

Carpenter v. Cicchirillo

Cain v. DIV. OF MOTOR VEHICLES

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