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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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David Roger Pence

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

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Charleston, WV 25336

800-814-6700

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LEGAL TERMS

BAIL BOND

The money posted by a 'bondsman' for a defendant who cannot afford his bail. The defendant pays a certain portion, usually 10%. If the defendant fails to appear... (more...)

The money posted by a 'bondsman' for a defendant who cannot afford his bail. The defendant pays a certain portion, usually 10%. If the defendant fails to appear for a court hearing, the judge can issue a warrant for his arrest and threaten to 'forfeit,' or keep, the money if the defendant doesn't appear soon. Usually, the bondsman will look for the defendant and bring him back, forcefully if necessary, in order to avoid losing the bail money.

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.

DIRECTED VERDICT

A ruling by a judge, typically made after the plaintiff has presented all of her evidence but before the defendant puts on his case, that awards judgment to the... (more...)

A ruling by a judge, typically made after the plaintiff has presented all of her evidence but before the defendant puts on his case, that awards judgment to the defendant. A directed verdict is usually made because the judge concludes the plaintiff has failed to offer the minimum amount of evidence to prove her case even if there were no opposition. In other words, the judge is saying that, as a matter of law, no reasonable jury could decide in the plaintiff's favor. In a criminal case, a directed verdict is a judgement of acquittal for the defendant.

HOT PURSUIT

An exception to the general rule that a police officer needs an arrest warrant before he can enter a home to make an arrest. If a felony has just occurred and a... (more...)

An exception to the general rule that a police officer needs an arrest warrant before he can enter a home to make an arrest. If a felony has just occurred and an officer has chased a suspect to a private house, the officer can forcefully enter the house in order to prevent the suspect from escaping or hiding or destroying evidence.

INSANITY

See criminal insanity.

CRIMINAL INSANITY

A mental defect or disease that makes it impossible for a person to understand the wrongfulness of his acts or, even if he understands them, to ditinguish right... (more...)

A mental defect or disease that makes it impossible for a person to understand the wrongfulness of his acts or, even if he understands them, to ditinguish right from wrong. Defendants who are criminally insane cannot be convicted of a crime, since criminal conduct involves the conscious intent to do wrong -- a choice that the criminally insane cannot meaningfully make. See also irresistible impulse; McNaghten Rule.

INTENTIONAL TORT

A deliberate act that causes harm to another, for which the victim may sue the wrongdoer for damages. Acts of domestic violence, such as assault and battery, ar... (more...)

A deliberate act that causes harm to another, for which the victim may sue the wrongdoer for damages. Acts of domestic violence, such as assault and battery, are intentional torts (as well as crimes).

ARREST WARRANT

A document issued by a judge or magistrate that authorizes the police to arrest someone. Warrants are issued when law enforcement personnel present evidence to ... (more...)

A document issued by a judge or magistrate that authorizes the police to arrest someone. Warrants are issued when law enforcement personnel present evidence to the judge or magistrate that convinces her that it is reasonably likely that a crime has taken place and that the person to be named in the warrant is criminally responsible for that crime.

ARRAIGNMENT

A court appearance in which the defendant is formally charged with a crime and asked to respond by pleading guilty, not guilty or nolo contendere. Other matters... (more...)

A court appearance in which the defendant is formally charged with a crime and asked to respond by pleading guilty, not guilty or nolo contendere. Other matters often handled at the arraignment are arranging for the appointment of a lawyer to represent the defendant and the setting of bail.

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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