Charleston Criminal Defense Lawyer

Charleston Criminal Defense Attorney

When you’ve been arrested and charged for criminal actions, you need qualified representation by a Charleston, WV, criminal defense lawyer. Prosecutors will aggressively pursue a conviction, which could lead to lifelong repercussions such as a permanent mark on your record, leading to difficulties obtaining employment and housing.

If you’re facing charges, the team of Wooton, Davis, Hussell & Johnson, PLLC, has a proven record of success defending the rights of the accused in Kanawha and Greenbrier Counties. We are well-respected at the federal, state, and municipal levels, with over 130 years of combined experience in criminal law.

A criminal conviction can cost you precious years away from your family and lead to ongoing financial hardship, making it difficult to rebuild your life. It’s crucial to hire a criminal defense lawyer with knowledge and integrity to protect your rights.

Criminal Defense Cases We Handle

We represent clients who have been charged with several criminal offenses in Charleston, including:

• Theft and property crimes. From petit larceny to grand larceny, burglary, robbery, fraud, bad checks, arson, and more. These crimes can range from misdemeanors to felonies, depending on severity.
• Violent crime defense. Including assault and battery, rape, kidnapping, manslaughter, and murder. A significant number of violent crimes are classified as felonies, which could mean years of prison incarceration and significant fines, if convicted.
• Traffic violations. From minor traffic offenses like speeding and running red lights to more serious charges, like hit and run accidents, or driving on a suspended or revoked license. If found guilty of a traffic violation, you could face fines and demerits on your driving record, or incarceration for more serious offenses.
• DUI defense. Whether you are a first-time DUI offender or facing felony DUI charges, our team can build an effective defense strategy that investigates violations of police procedure during your arrest, Breathalyzer results, and other mitigating factors and breaches in protocol that can result in a reduction in charges.
• Drug crime defense. Drug crimes are some of the most frequently prosecuted crimes in West Virginia, representing a significant percentage of misdemeanors and felonies, statewide. Charges range from possession of marijuana, cocaine, heroin, and methamphetamine to more serious offenses, including distribution, manufacturing, and trafficking.
• Weapons charges. Such as carrying a firearm in an unlawful place, felony possession of a deadly weapon, firing a weapon near a crowd, and more.
• White collar crimes. Including fraud and embezzlement. These cases are complex and require a skilled, knowledgeable attorney experienced with negotiating with prosecutors at the state and federal levels.

If you are facing conviction for any of the charges on this list, you need to take decisive action and hire a criminal defense lawyer who can represent you at all municipal, state, and federal courts.

At Wooton, Davis, Hussell & Johnson, PLLC, we will be by your side every step of the way, advocating for you during criminal hearings and trials to protect your rights while you express your side of the story.

Differences Between Misdemeanors and Felonies

Most criminal charges are classified as misdemeanors or felonies. The differences between these two categories depend on the severity of the crime and the potential penalties if convicted. Key differences between misdemeanors and felonies:

• A misdemeanor is typically a less serious crime, such as petty theft or larceny, disorderly conduct, a first-time standard DUI, or marijuana possession. Misdemeanors usually have lighter sentencing, including fines, limited jail time, and sometimes mandatory community service and probation.
• Felonies carry more weight and can impact your criminal record for life. A felony charge reflects the severity of the crime. Most violent crimes, such as rape, murder, and aggravated assault, fall under this category. Aggravated DUIs, drug trafficking, and most white-collar crimes are also felony offenses.

Felony convictions can result in stiff penalties, including lengthy prison sentences, substantial fines, and a loss of basic civil rights, such as the right to vote, loss of your driver’s license, and denial of firearm possession. Felonies that result in prison time also take a heavy toll on your personal life, fracturing families and creating lasting psychological trauma and social challenges.

A qualified criminal defense attorney can investigate the details of your case, finding areas of weakness in the prosecution’s strategy, including errors in police procedure, evidence that was compromised during law enforcement investigations, unlawful detainment, and more. These strategies can result in reduced charges and fewer penalties.

The Criminal Defense Process

Criminal defense litigation can be complex and involves several stages. Many criminal cases proceed as follows:

• Arrest and booking. Litigation usually starts when the defendant is arrested by law enforcement officers and taken to a police station for booking, where they are fingerprinted and photographed, and their personal information is recorded.
• Arraignment. The defendant will be ordered to appear in court, where they will receive formal charges and enter their plea: guilty, not guilty, or no contest. If a defendant pleads not guilty, bond is set, or the court determines whether the defendant can be released on their own recognizance.
• Pretrial motions. The defense and prosecution can file requests for discovery and pretrial motions. This can involve requesting evidence from the prosecution, suppressing evidence, and other relevant motions.
• Plea bargaining and negotiation. The prosecution and defense can engage in plea bargaining, which is when the defendant agrees to plead guilty to some charges in exchange for fewer penalties, or they may contest a lesser charge for a lighter sentence. The defendant and their legal team must weigh the risks of accepting a plea bargain versus proceeding with a jury trial or judgment.
• Trial. If no plea bargain is settled, the case will proceed to trial. The prosecution usually presents evidence in favor of a conviction, and the defense presents its argument, with the intent of introducing reasonable doubt and disproving the prosecution’s evidence. After both parties have closed arguments, the jury or judge will decide upon a verdict.
• Sentencing. If the defendant is found guilty, a sentencing hearing will be scheduled, where the judge will determine an appropriate punishment. The defense can argue on the defendant’s behalf, sometimes successfully negotiating for less harsh punishment.
• Appeals. In some cases, the defendant has the right to appeal to a higher court if convicted. Over 170 cases were brought before the West Virginia Supreme Court of Appeals in 2024.

Hire a Criminal Defense Lawyer

If you are facing criminal charges, you must act quickly to protect your record and your future. A criminal conviction can create countless hardships in your life, including lost wages, suspension of your rights, and loss of your freedom through incarceration. These consequences can result in long-term financial instability, hinder your career prospects, and even influence your ability to find housing.

It’s crucial to speak to an attorney as soon as you are released after your arrest. Retaining a qualified lawyer, who will immediately begin working on a solid defense strategy for your case, is your strongest chance at receiving an innocent verdict, reduced charges, and fewer penalties. At Wooton, Davis, Hussell & Johnson, PLLC, we will accompany you to your arraignment, all hearings, and if necessary, your trial, to advocate and litigate for your rights.

FAQs

How Much Does a Criminal Defense Lawyer Cost in WV?

Criminal defense lawyer fees depend on the complexity of the case, the hourly rate for services required, the experience of the attorney, and the retainer. Initial fees are discussed during the preliminary consultation, and the potential client is under no obligation to retain the services of the attorney after the consultation.

When Should You Hire a Criminal Defense Attorney?

If you have been arrested, you should contact a defense attorney as soon as you are released. Even for minor crimes and misdemeanors, you could face long-lasting consequences if convicted. It’s vital to know your rights and seek legal advice before attending your arraignment.

What Should I Do if I Am Arrested?

If you are arrested, you should remain silent and politely refuse to answer any questions from law enforcement, as is your legal right. Simply provide your identification and do not resist arrest. Immediately after your release, contact a qualified criminal defense attorney to begin building your case.

Can a Criminal Defense Lawyer Refuse to Represent Me?

No attorney is under an obligation to represent a potential client. If defending the client would represent a conflict of interest, if representing the client would present an ethical or personal dilemma, or if the lawyer feels like they lack relevant experience in the case, the attorney may refuse to offer representation.

Contact Our Charleston Criminal Defense Lawyer

The team at Wooton, Davis, Hussell & Johnson, PLLC, is here to help. Contact us today to schedule your initial consultation, where we will discuss the details of your case. We’ll answer your questions and provide solid legal counsel to give you confidence during every step of the criminal defense process. With over 130 years of experience, we’re on your side and will advocate for a fair and just outcome, no matter the severity of the charges you’re facing.