Mark Barney
6/7/26
Mark Barney
6/7/26
DUI Charges in West Virginia | DUI Lawyer Defending Cases in Putnam & Kanawha County
Mark Barney
10/18/24
Mark Barney
10/18/24
Strike Three, You’re Out! The West Virginia Recidivist Act
Recidivism is the tendency to repeat certain conduct. The Act provides heightened penalties for defendants with prior felonies. A second strike or conviction under the Act requires a longer prison sentence. A third strike subjects a defendant to life in prison.
7/22/23
7/22/23
Self-Defense in West Virginia Criminal Cases
Self-defense often arises in criminal cases where one party is physically attacked by another. If you are not the aggressor and physically attacked, you have a basic right to self-defense in West Virginia. However, self-defense is not without limitations. This blog provides a general overview of the right to self-defense in West Virginia criminal cases. It is not intended as legal advice and is not a substitute for legal advice from a West Virginia criminal defense lawyer.
2/2/23
2/2/23
Speedy Trials & West Virginia Felony Cases: A Criminal Lawyer Perspective
If criminal charges have been brought against you or a loved one, a basic concept your West Virginia criminal lawyer should keep in mind is the right to a speedy trial. The government is required to bring you to trial within a reasonable time. West Virginia statutory law, the West Virginia Constitution, and the United States Constitution require that citizens be timely brought to trial in West Virginia felony cases.
6/11/22
6/11/22
How Social Media Can Affect Your Personal Injury Case
Whether it’s Facebook, Instagram, TicToc, or Twitter, social media effects how many of us communicate in everyday life. It allows us to communicate in ways we never dreamed possible twenty years ago. Social media allows us to share our lives with friends and loved ones who live in distant places. Depending on the privacy settings, it also allows strangers, potential employers, the government, and insurance companies to learn about our lives.
2/24/22
2/24/22
Habeas Corpus Cases in West Virginia
If you or a loved one were found guilty of a crime and sentenced to incarceration, in addition to a direct criminal appeal, a person incarcerated under a term of imprisonment may file a petition for writ of habeas corpus. A petition for writ of habeas corpus compels the government to bring an individual before the court to determine the legality of the person’s incarceration. West Virginia law provides a specific post-conviction procedure that is guaranteed by the West Virginia Constitution. A habeas corpus proceeding is a civil case. It is not part of the original criminal case.
9/22/21
9/22/21
The Burden of Proof In a West Virginia Personal Injury Case
Whether negotiating a claim with an insurance company or preparing your case for a jury trial, an important consideration is the burden of proof. The burden of proof is the level of evidence that must be presented to prove your case.
6/29/21
6/29/21
Entrapment in Criminal Cases: Set Up Like a Bowling Pin
Where the government is involved in creating opportunity for a citizen to commit a crime, once a citizen is charged with the crime, he or she may be entitled to assert the affirmative defense of entrapment. In West Virginia, the defense of entrapment depends heavily upon the facts and the extent of the government’s involvement. If you were charged with a crime, you should promptly consult with a criminal defense attorney. This blog discussed the defense of entrapment.
4/24/21
4/24/21
What to do after an automobile accident in West Virginia
An automobile accident can happen to any of us. If you drive a vehicle, sooner or later, you may be involved in a vehicle accident. The moments after a vehicle accident are stressful. Stress is only made greater if you or someone you love was injured as a result of the vehicle accident. Below are some tips to help you navigate the moments after a vehicle accident.
2/13/21
2/13/21
The Preliminary Hearing in Felony Criminal Cases
If you have been arrested and charged with a felony by way of a criminal complaint in magistrate court, you will be afforded a preliminary hearing before a county magistrate court judge. A preliminary hearing protects citizens from hasty and malicious prosecutions. The preliminary hearing is a chance for a defendant to challenge the charges before they are presented to a grand jury. Without the advice of a criminal defense attorney, the preliminary hearing should usually not be waived.