Scott Depot 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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Kirk David Lightner

Government, DUI-DWI, Business

Status:

CONTACT

Scott Depot, WV 25560

Carl E. Hostler

Government, Environmental Law, Employment, Criminal

Status: Licensed: 36 Years

CONTACT

Scott Depot, WV 25560

Jeff C. Woods

Criminal, Divorce & Family Law, Divorce, Child Custody

Status: Licensed: 46 Years

CONTACT

600 Prestige Park, Hurricane, WV 25526

Joshua Dean Pearson

Wills & Probate, Divorce & Family Law, DUI-DWI, Accident & Injury

Status:

CONTACT

3825 Teays Valley Rd, Hurricane, WV 25526

Timothy Shawn Smith

General Practice

Status:

CONTACT

2385 Blue Lick Rd, Winfield, WV 25213

Ryan Michael Ruth

Family Law, Child Custody, Divorce & Family Law, DUI-DWI, Criminal

Status:

CONTACT

Winfield, WV 25213

Lisa May Moye

Juvenile Law, Workers' Compensation, Civil Rights, Business, Bankruptcy & Debt

Status: Licensed: 25 Years

CONTACT

Winfield, WV 25213

Anthony Shawn D. Bayliss

Divorce & Family Law, Criminal, Juvenile Law, Divorce

Status: Licensed: 30 Years

CONTACT

3728 Teays Valley Rd, Hurricane, WV 25526

Larry J. Frye

Divorce, Criminal

Status: Licensed: 35 Years

CONTACT

3728 Teays Valley Road, Hurricane, WV 25526

Shawn D. Bayliss

Landlord-Tenant, Lawsuit & Dispute, Divorce, Criminal

Status: Licensed: 30 Years

CONTACT

3728 Teays Valley Rd, Hurricane, WV 25526

800-814-6700

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LEGAL TERMS

ACTUS REUS

Latin for a 'guilty act.' The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For ... (more...)

Latin for a 'guilty act.' The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For example, the crime of theft requires physically taking something (the actus reus) coupled with the intent to permanently deprive the owner of the object (the mental state, or mens rea).

BURDEN OF PROOF

A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convi... (more...)

A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury 'by a preponderance of the evidence' that the plaintiff's version is true -- that is, over 50% of the believable evidence is in the plaintiff's favor. In a criminal case, because a person's liberty is at stake, the government has a harder job, and must convince the judge or jury beyond a reasonable doubt that the defendant is guilty.

SEARCH WARRANT

An order signed by a judge that directs owners of private property to allow the police to enter and search for items named in the warrant. The judge won't issue... (more...)

An order signed by a judge that directs owners of private property to allow the police to enter and search for items named in the warrant. The judge won't issue the warrant unless she has been convinced that there is probable cause for the search -- that reliable evidence shows that it's more likely than not that a crime has occurred and that the items sought by the police are connected with it and will be found at the location named in the warrant. In limited situations the police may search without a warrant, but they cannot use what they find at trial if the defense can show that there was no probable cause for the search.

PROBABLE CAUSE

The amount and quality of information police must have before they can arrest or search without a warrant or that a judge must have before she will sign a searc... (more...)

The amount and quality of information police must have before they can arrest or search without a warrant or that a judge must have before she will sign a search warrant allowing the police to conduct a search or arrest a suspect. Reliable information must show that it's more likely than not that a crime has occurred and the suspect is involved.

CRIME

A type of behavior that is has been defined by the state, as deserving of punishment which usually includes imprisonment. Crimes and their punishments are defin... (more...)

A type of behavior that is has been defined by the state, as deserving of punishment which usually includes imprisonment. Crimes and their punishments are defined by Congress and state legislatures.

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.

EXCLUSIONARY RULE

A rule of evidence that disallows the use of illegally obtained evidence in criminal trials. For example, the exclusionary rule would prevent a prosecutor from ... (more...)

A rule of evidence that disallows the use of illegally obtained evidence in criminal trials. For example, the exclusionary rule would prevent a prosecutor from introducing at trial evidence seized during an illegal search.

VENIREMEN

People who are summoned to the courthouse so that they may be questioned and perhaps chosen as jurors in trials of civil or criminal cases.

GRAND JURY

In criminal cases, a group that decides whether there is enough evidence to justify an indictment (formal charges) and a trial. A grand jury indictment is the f... (more...)

In criminal cases, a group that decides whether there is enough evidence to justify an indictment (formal charges) and a trial. A grand jury indictment is the first step, after arrest, in any formal prosecution of a felony.

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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Scott Depot Criminal Lawyer, West Virginia

Sponsored Law Firm

The Law Offices of Claude S. Smith III

SPONSORED LAWYERS

Kirk David Lightner

Carl E. Hostler

Jeff C. Woods

Joshua Dean Pearson

Timothy Shawn Smith

Ryan Michael Ruth

Lisa May Moye

Anthony Shawn D. Bayliss

Larry J. Frye

Shawn D. Bayliss

TIPS

LEGAL TERMS

ACTUS REUS

BURDEN OF PROOF

SEARCH WARRANT

PROBABLE CAUSE

CRIME

CIRCUMSTANTIAL EVIDENCE

EXCLUSIONARY RULE

VENIREMEN

GRAND JURY

SAMPLE LEGAL CASES

State v. Booth

Lowe v. Cicchirillo

Peters v. Rivers Edge Min., Inc.

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