Hernshaw Criminal Lawyer, West Virginia

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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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Ronald N. Walters

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Accident & Injury, Criminal, Bankruptcy & Debt, Family Law, Trusts

Ron has, over the last decade, assisted clients by planning and designing settlements to address future needs and ensure any government benefits are p... (more)

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800-895-9790

16 Capitol St, Charleston, WV 25301

Claude S. Smith, III

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Accident & Injury, Personal Injury, Divorce & Family Law, Criminal

Whether you have suffered an accident while on the job or suffered an injury during a car accident or semi truck accident, The Law Offices of Claude S... (more)

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800-936-8471

805 Bigley Avenue, Charleston, WV 25302

Traci L. Wiley

Criminal, Colleges & Universities, Commercial Insurance, Construction Contracts, Government

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James Mark Building, 901 Quarrier Street, Charleston, WV 25301

Jason S. Lord

Animal Bite, Criminal, Bed Bug, Defamation & Slander, Workers' Compensation

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405 Capitol Street, Charleston, WV 25301

Bryan N. Price

Criminal, Consumer Protection, Contract, Consumer Bankruptcy, Landlord-Tenant

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James Mark Building, 901 Quarrier Street, Charleston, WV 25301

Todd M. Sponseller

Criminal, Deceptive Trade Practices, Employment, Environmental Law

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500 Virginia Street, East, Charleston, WV 25301

Christine D. Wallace

Adoption, Alimony & Spousal Support, Animal Bite, Criminal

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405 Capitol Street, Charleston, WV 25301

S. Benjamin Bryant

Litigation, Estate Planning, Family Law, Criminal, Landlord-Tenant

Status: Licensed: 47 Years

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Charleston, WV 25323

Rudolph L. DiTrapano

Communication & Media Law, Criminal, Corporate, Professional Malpractice, Real Estate

Status: Licensed: 74 Years

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604 Virginia St E, Charleston, WV 25301

Charles R. Hamilton

Civil Rights, Family Law, Criminal

Status: Licensed: 43 Years

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5130 Maccorkle Ave Se, Charleston, WV 25304

800-814-6700

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LEGAL TERMS

BURGLARY

The crime of breaking into and entering a building with the intention to commit a felony. The breaking and entering need not be by force, and the felony need no... (more...)

The crime of breaking into and entering a building with the intention to commit a felony. The breaking and entering need not be by force, and the felony need not be theft. For instance, someone would be guilty of burglary if he entered a house through an unlocked door in order to commit a murder.

ARREST

A situation in which the police detain a person in a manner that, to any reasonable person, makes it clear she is not free to leave. A person can be 'under arre... (more...)

A situation in which the police detain a person in a manner that, to any reasonable person, makes it clear she is not free to leave. A person can be 'under arrest' even though the police have not announced it; nor are handcuffs or physical restraint necessary. Questioning an arrested person about her involvement in or knowledge of a crime must be preceded by the Miranda warnings if the police intend to use the answers against the person in a criminal case. If the arrested person chooses to remain silent, the questioning must stop.

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.

INTERROGATION

A term that describes vigorous questioning, usually by the police of a suspect in custody. Other than providing his name and address, the suspect is not obligat... (more...)

A term that describes vigorous questioning, usually by the police of a suspect in custody. Other than providing his name and address, the suspect is not obligated to answer the questions, and the fact that he has remained silent generally cannot be used by the prosecution to help prove that he is guilty of a crime. If the suspect has asked for a lawyer, the police must cease questioning. If they do not, they cannot use the answers against the suspect at trial.

ACQUITTAL

A decision by a judge or jury that a defendant in a criminal case is not guilty of a crime. An acquittal is not a finding of innocence; it is simply a conclusio... (more...)

A decision by a judge or jury that a defendant in a criminal case is not guilty of a crime. An acquittal is not a finding of innocence; it is simply a conclusion that the prosecution has not proved its case beyond a reasonable doubt.

BEYOND A REASONABLE DOUBT

The burden of proof that the prosecution must carry in a criminal trial to obtain a guilty verdict. Reasonable doubt is sometimes explained as being convinced '... (more...)

The burden of proof that the prosecution must carry in a criminal trial to obtain a guilty verdict. Reasonable doubt is sometimes explained as being convinced 'to a moral certainty.' The jury must be convinced that the defendant committed each element of the crime before returning a guilty verdict.

INDECENT EXPOSURE

Revealing one's genitals under circumstances likely to offend others. Exposure is indecent under the law whenever a reasonable person would or should know that ... (more...)

Revealing one's genitals under circumstances likely to offend others. Exposure is indecent under the law whenever a reasonable person would or should know that his act may be seen by others--for example, in a public place or through an open window--and that it is likely to cause affront or alarm. Indecent exposure is considered a misdemeanor in most states.

CIRCUMSTANTIAL EVIDENCE

Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or j... (more...)

Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or jury may infer that the person committed the crime.

INFORMED CONSENT

An agreement to do something or to allow something to happen, made with complete knowledge of all relevant facts, such as the risks involved or any available al... (more...)

An agreement to do something or to allow something to happen, made with complete knowledge of all relevant facts, such as the risks involved or any available alternatives. For example, a patient may give informed consent to medical treatment only after the healthcare professional has disclosed all possible risks involved in accepting or rejecting the treatment. A healthcare provider or facility may be held responsible for an injury caused by an undisclosed risk. In another context, a person accused of committing a crime cannot give up his constitutional rights--for example, to remain silent or to talk with an attorney--unless and until he has been informed of those rights, usually via the well-known Miranda warnings.

SAMPLE LEGAL CASES

State v. Booth

... Third, the probation officer's recommended sentence was further bolstered by Mr. Booth's prior criminal record. ... Mr. Booth's young age and the extensive criminal history he had already accumulated within that time worked against him. ...

Lowe v. Cicchirillo

... After completing his review of the appellee's medical records, Deputy Fleming filed a criminal complaint with the Harrison County Magistrate Court. Shortly thereafter, a warrant was issued for the appellee's arrest for the crime of driving under the influence. ...

Peters v. Rivers Edge Min., Inc.

... following additional factors: (1) The costs of the litigation; (2) Any criminal sanctions imposed on the defendant for his conduct; (3) Any other civil actions against the same defendant, based on the same conduct; and. (4) The ...

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Hernshaw Criminal Lawyer, West Virginia

Sponsored Law Firm

The Law Offices of Claude S. Smith III

SPONSORED LAWYERS

Ronald N. Walters

Claude S. Smith, III

Traci L. Wiley

Jason S. Lord

Bryan N. Price

Todd M. Sponseller

Christine D. Wallace

S. Benjamin Bryant

Rudolph L. DiTrapano

Charles R. Hamilton

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LEGAL TERMS

BURGLARY

ARREST

MENS REA

INTERROGATION

ACQUITTAL

BEYOND A REASONABLE DOUBT

INDECENT EXPOSURE

CIRCUMSTANTIAL EVIDENCE

INFORMED CONSENT

SAMPLE LEGAL CASES

State v. Booth

Lowe v. Cicchirillo

Peters v. Rivers Edge Min., Inc.

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