Question 1

What is the statute of limitations for criminal defense in West Virginia?

Accepted Answer

There is no statute of limitations for felonies in West Virginia, except perjury (3 years). Misdemeanor charges must be brought within 1 year after the offense was committed. (W. Va. Code § 61-11-9)

Question 2

What is West Virginia's law on expungement of misdemeanor convictions?

Accepted Answer

Persons convicted of misdemeanor offenses may petition for expungement after 1 year from the date of conviction, completion of sentence, or release from supervision, whichever is latest. DUI convictions are excluded. (W. Va. Code § 61-11-26)

Question 3

What is West Virginia's law on expungement of nonviolent felony convictions?

Accepted Answer

Persons convicted of nonviolent felony offenses may petition for expungement after 5 years from the date of last conviction, completion of sentence, or release from supervision, whichever is latest. (W. Va. Code § 61-11-25)

Question 4

What is West Virginia's law on dui penalties?

Accepted Answer

Driving with a BAC of 0.08% or higher is illegal. First offense (BAC 0.08-0.149%): up to 6 months jail and $100-$500 fine. Aggravated first offense (BAC 0.15%+): mandatory 48 hours minimum jail time and $200-$1,000 fine. First offense results in 6-month license revocation. (W. Va. Code § 17C-5-2)

Question 5

What is West Virginia's law on felony classification?

Accepted Answer

Felonies are crimes punishable by imprisonment in the state penitentiary for one year or more. Misdemeanors are punishable by up to one year in jail and/or fines. (W. Va. Code § 61-11-1)

Criminal Defense Laws in West Virginia.

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