Frequently Asked Questions

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West Virginia's DUI criminal statutes, and the DMV license revocation that occurs upon a conviction, are very confusing and far different than other states. Penalties include mandatory minimum jail sentences, and mandatory minimum license revocations for all cases resulting in a conviction. There is no probation upon DUI convictions, however, there are possible alternatives to jail sentences that have evolved, such as home confinement. There are no work permits or temporary driving privileges which are common in other states. However, there is an interlock program for some DUI offenses. The interlock is a breath testing device installed on your ignition that must be used every time the car is started to ensure no driving after alcohol consumption.

West Virginia drug and gun laws have continued to become more complex with increased penalties. There are no mandatory minimum sentences, but RLB II has seen with the exploding drug problem throughout the United States, and in West Virginia, that Magistrates and Circuit Court Judges are giving longer sentences to those convicted of felony offenses. Fortunately, there are alternate sentences, such as home confinement, day report, and probation, that are available for all drug and gun convictions. RLB II cautions those charged with any type of drug or gun crimes, that prior to entering a guilty plea to consult with competent counsel, because once a guilty plea is accepted by the Court it cannot be withdrawn.

Drug and gun charges in Federal Court produce far greater sentences than State Court. Sentences are based upon the charge of conviction, and the amounts of drugs or guns involved. There are mandatory minimum sentences upon convictions depending on the amounts proven, not just upon the charge convicted, but also upon the "relevant conduct" of the accused. In other words, you don't have to be convicted of every offense for those amounts to also be used to calculate a sentence derived from the Federal Sentencing Guidelines. Those guidelines supply the sentencing Judge with a sentencing range in determining the appropriate sentence, which is based upon a myriad of factors. Very few criminal attorneys practice in Federal Court due to their complexity. Make sure that when hiring counsel for a Federal offense that the attorney has numerous years of Federal court practice experience.

In West Virginia expungement is a procedure where a Judge with statutory authority enters an order directing a Court's Clerk, Police Agencies, and State's CIB and Federal's NCIC electronically maintained record keepers, to remove those records and seal their contents so that there is no public record of an individual's arrest and conviction. The individual can then state that the arrest and conviction never occurred. Expungement is available for most misdemeanor charges.  However, only certain felony offenses can be expunged, and only after a specified period of years has past as defined in the expungement statutes. RLB II offers free evaluations to determine if an expungement order is possible, and fees range depending on the ease or complexity of the case.