Go to main navigation
118 Capitol Street, Suite 400, Charleston, West Virginia 25301

What crimes are considered “misdemeanor” in West Virginia?

In West Virginia, a misdemeanor is usually a crime that is less serious than a felony such as shoplifting, vandalism, trespassing or simple assault. A penalty for a misdemeanor in West Virginia can range from fines, probation, community service and jail time. Charleston criminal defense attorneys at The Giatras Law Firm can explain the law… Read More »

Should I talk to the police after an arrest in West Virginia?

Should you talk to police if you get arrested? Sometimes having an attorney on your side before talking with police is a better idea. If you get arrested, you have a right to remain silent. You can also stop answering questions at any time. Having an experienced Charleston criminal defense attorney can help protect your… Read More »

Do I need a criminal defense attorney in West Virginia if I am innocent?

Without a West Virginia criminal defense attorney, someone accused of a crime can face a significant disadvantage against a professional prosecutor, even if innocent. It is always a good idea to at least consult a lawyer even if you are not guilty so your rights are completely protected.

What is the difference between probation and parole?

Parole is consider part of the judge’s order at the time of sentencing. It can follow jail time or be given in lieu of a prison sentence. Probation on the other hand is an early release of an inmate from prison. A person on probation or parole must follow certain “conditions,” which might include:   … Read More »

What is a Felony in West Virginia?

Felonies are typically more serious crimes under state and federal laws. As such, the punishment is more stringent. If you have been charged with a felony, it is a good idea to seek counsel from an experienced West Virginia criminal defense attorney. Examples of felonies include: State felonies typically include violent crimes such as murder,… Read More »

Can arrest or conviction records in West Virginia be expunged?

According to West Virginia code, a misdemeanor arrest or conviction record can be expunged. A person is eligible for expungement one year after a single conviction and two years if multiple convictions. This only includes non-violent felony convictions. The state has a long list of exceptions that are also not eligible such as:   Physical… Read More »

Am I allowed to move if I am on probation or parole in West Virginia?

When you are on probation or parole in West Virginia and are considering moving, you will need to ask the court or your probation/parole officer who will review the request and determine if supervision can be maintained in your new location. An experienced criminal law attorney can help answer questions you may have and facilitate… Read More »

Can a West Virginia resident move if on probation or parole?

If you are on probation in West Virginia and thinking of moving, you should first check with the court, or your probation officer or parole officer. It may be more likely they grant your permission depending on the reason for the move such as: Move closer to work Live closer to school Live closer to… Read More »

What is a Misdemeanor in West Virginia?

A misdemeanor crime is typically more serious than a civil infraction and less serious than a felony. When convicted of a misdemeanor crime in West Virginia, you can expect a range of penalties such as: ⦁ Fines ⦁ Probation ⦁ Community Service ⦁ Restitution ⦁ Jail Time (In County Jail) Some common examples of misdemeanors… Read More »

What should I do if I have been charged with a crime in West Virginia

You have been arrested for a crime in West Virginia. Now what? If you have been arrested and charged with a crime in West Virginia, it is important to remember you have important rights, including: Know your rights: 1. You have the right to remain silent 2. You have the right to have an attorney… Read More »