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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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Jody D. Wooton

✓ VERIFIED

Motor Vehicle, DUI-DWI, Criminal, Consumer Rights, Wrongful Termination

Jody's intrigue with the legal system began about the time he was becoming a teenager. He vividly recalls observing his father and uncle working to es... (more)

CONTACT

800-903-8420

201 N. Kanawha St., Beckley, WV 25802

Jon D. Hoover

✓ VERIFIED

Accident & Injury, Divorce & Family Law, Employment, DUI-DWI

Jon graduated from Widener University School of Law in 1999. Jon returned to West Virginia and worked briefly with the Kanawha County Prosecuting Atto... (more)

CONTACT

800-492-3320

3570 U.S. Rte 60 East, Barboursville, WV 25504

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

CONTACT

102 McCreery Street, Beckley, WV 25801

Kassie Nicole Ball

Lawsuit, Divorce, DUI-DWI, Civil & Human Rights

Status: In Good Standing Licensed: 7 Years

CONTACT

320 Main Street, Madison, WV 25130

Timothy P. Lupardus

Real Estate, DUI-DWI, Criminal, Accident & Injury, Mass Torts

Status: In Good Standing Licensed: 31 Years

CONTACT

Marianna, WV 24874

Nancy W. Mcdaniel

DUI-DWI

Status: In Good Standing Licensed: 37 Years

CONTACT

1331 Johnson Rd, Charleston, WV 25314

Nancy L. Tyler

Child Custody, DUI-DWI

Status: In Good Standing Licensed: 25 Years

CONTACT

1553 Autumn Rd, Charleston, WV 25314

Christopher Brent Amos

Child Custody, DUI-DWI

Status: In Good Standing Licensed: 20 Years

CONTACT

1900 Kanawha Blvd E, Charleston, WV 25305

Mark A. Atkinson

Real Estate, Visa, Employment, DUI-DWI, Administrative Law

Status: In Good Standing

CONTACT

2306 Kanawha Blvd E, Charleston, WV 25311

800-923-0641

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LEGAL TERMS

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.

CONSTABLE

A peace officer for a particular geographic area -- most often a rural county -- who commonly has the power to serve legal papers, arrest lawbreakers and keep t... (more...)

A peace officer for a particular geographic area -- most often a rural county -- who commonly has the power to serve legal papers, arrest lawbreakers and keep the peace. Depending on the state, a constable may be similar to a marshal or sheriff.

ACCOMPLICE

Someone who helps another person (known as the principal) commit a crime. Unlike an accessory, an accomplice is usually present when the crime is committed. An ... (more...)

Someone who helps another person (known as the principal) commit a crime. Unlike an accessory, an accomplice is usually present when the crime is committed. An accomplice is guilty of the same offense and usually receives the same sentence as the principal. For instance, the driver of the getaway car for a burglary is an accomplice and will be guilty of the burglary even though he may not have entered the building.

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.

MISDEMEANOR

A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk d... (more...)

A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk driving and leaving the scene of an accident are all common misdemeanors.

AGGRAVATING CIRCUMSTANCES

Circumstances that increase the seriousness or outrageousness of a given crime, and that in turn increase the wrongdoer's penalty or punishment. For example, th... (more...)

Circumstances that increase the seriousness or outrageousness of a given crime, and that in turn increase the wrongdoer's penalty or punishment. For example, the crime of aggravated assault is a physical attack made worse because it is committed with a dangerous weapon, results in severe bodily injury or is made in conjunction with another serious crime. Aggravated assault is usually considered a felony, punishable by a prison sentence.

CONVICTION

A finding by a judge or jury that the defendant is guilty of a crime.

MENS REA

The mental component of criminal liability. To be guilty of most crimes, a defendant must have committed the criminal act (the actus reus) in a certain mental s... (more...)

The mental component of criminal liability. To be guilty of most crimes, a defendant must have committed the criminal act (the actus reus) in a certain mental state (the mens rea). The mens rea of robbery, for example, is the intent to permanently deprive the owner of his property.

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.

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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Van DUI-DWI Lawyer, West Virginia

Sponsored Law Firm

The Law Offices of Claude S. Smith III

SPONSORED LAWYERS

Jody D. Wooton

Jon D. Hoover

Jacqueline Ann Hallinan

J. Mingo Winters

Kassie Nicole Ball

Timothy P. Lupardus

Nancy W. Mcdaniel

Nancy L. Tyler

Christopher Brent Amos

Mark A. Atkinson

TIPS

LEGAL TERMS

CRIMINAL LAW

CONSTABLE

ACCOMPLICE

HOMICIDE

MISDEMEANOR

AGGRAVATING CIRCUMSTANCES

CONVICTION

MENS REA

CHARGE

SAMPLE LEGAL CASES

Lowe v. Cicchirillo

Carpenter v. Cicchirillo

Cain v. DIV. OF MOTOR VEHICLES

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