If you are reading this, you may be facing the serious consequences of a Felony DUI arrest in West Virginia. First, let us assure you that you are not alone. We understand the fear and confusion that comes with such a situation. It’s normal to feel overwhelmed, unsure of what to do next, and anxious about the legal process ahead. Here at our firm, we are here to support you through every step and provide guidance for getting the best possible result for your case.
Understanding Felony DUI in West Virginia
A Felony DUI arrest can have severe and lasting consequences in West Virginia. Unlike a misdemeanor DUI charge, which can be serious but more manageable, a Felony DUI involves much harsher penalties. In West Virginia, a Felony DUI charge typically occurs if you have been arrested for driving under the influence with a history of prior DUI offenses, or if your actions resulted in serious injury or death to another person.
If you have been arrested for a Felony DUI, the road ahead can be difficult. You may face imprisonment, heavy fines, and a long-lasting impact on your personal life. The good news is that with the right legal support, you may be able to improve the outcome of your case.
Initial Steps After a Felony DUI Arrest
After your Felony DUI arrest, the first thing that will likely happen is that you will be taken into custody and booked. Depending on the severity of the case, you may be able to post bond and be released until your court date. If you are not granted bond or if you face serious charges, you may have to remain in jail until your court proceedings begin.
Once released or while in custody, the next step is usually your arraignment, where you will appear before a judge and enter a plea to the charges against you. It’s important to remember that at this stage, you are not required to plead guilty. In fact, it is often wise to consult with a lawyer before making any decisions. A knowledgeable attorney can help guide you through this process and ensure your rights are protected.
Defending West Virginia Residents for over 24 Years
Harley Wagner
The Importance of Hiring an Attorney
Facing a Felony DUI charge is an intimidating experience, and it is critical to seek professional legal representation. If you are wondering how to handle your case, you should know that hiring an attorney who understands the ins and outs of West Virginia DUI laws is essential. At this point, the decisions you make can have a lasting impact on your future.
An experienced attorney can review the evidence against you, question the legality of your arrest, and explore any possible defenses. They can also negotiate with the prosecution on your behalf to reduce the charges or penalties. Many times, people facing Felony DUI charges don’t fully understand the nuances of the law and may inadvertently make mistakes that hurt their case. Having a lawyer by your side can make all the difference.
Harley and Heather gave me peace of mind as they walked me through the process of my DUI. Heather was so quick to answer even the smallest and probably irrelevant questions I had. I was extremely nervous to walk in the courtroom, but Harley made sure I was in and out of there in no time with the best deal I could think of. My DUI charge was reduced to a speeding ticket and some online DUI classes. Would absolutely recommend Harley and Heather if you’re ever in need of a lawyer.” - Antea Jarazi The Wagner Law Firm was amazing from beginning to end dealing with my case. This was my first time ever dealing with anything like this and they helped me tremendously and answered all my questions super fast. We got the best outcome possible for my case and I will be recommending Harley and Heather to anyone that’s ever in my situation." - Savanna Cummings Harley and Heather do not stop and are excellent at always keeping their clients up to date on the status of their case and never left wondering. They do all the work and are very well connected throughout the state. I will forever be grateful to both Harley and Heather for what they did for me,,,, they aren’t just another law firm, they are great people who truly care. Thank you." - Clint Anderson
What to Expect During Your Court Proceedings
After your arraignment, there will be several court hearings leading up to the trial. During these hearings, the judge will review the evidence and motions filed by your attorney. If you choose to plead not guilty, the case will proceed to trial, where the prosecution will need to prove their case against you. It’s important to keep in mind that a Felony DUI trial can be complex and challenging.
The prosecution will attempt to prove that you were driving under the influence with an alcohol concentration over the legal limit or while impaired by drugs. They may also present evidence of any prior offenses, accidents, or injuries that occurred as a result of your actions. However, your defense attorney will work diligently to challenge this evidence, look for any holes in the prosecution’s case, and argue on your behalf.
Throughout this process, you will have the opportunity to provide testimony and present evidence in your defense. Your attorney will guide you through this, ensuring you understand what to expect and helping you prepare for trial. It’s important to remain calm, as the process can be lengthy and emotional, but with the right legal team, you will have the best chance for a positive outcome.
Potential Consequences of a Felony DUI Conviction
If you are convicted of a Felony DUI in West Virginia, the consequences can be severe. Depending on the circumstances of your case, you may face up to three years in prison or more, especially if you have multiple prior DUI offenses. In addition to potential imprisonment, you could face heavy fines, the suspension of your driver’s license, and mandatory alcohol or drug counseling.
Another significant consequence of a Felony DUI conviction is the lasting impact it can have on your personal life. You may struggle to find employment, face challenges with housing, and experience personal and professional setbacks. The stigma of a felony conviction can follow you for years to come.
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Can a Felony DUI Charge Be Reduced?
While Felony DUI charges are serious, they are not always a guarantee of a conviction. In some cases, it may be possible to have the charges reduced or dismissed altogether. Your attorney can negotiate with the prosecution to see if there is room for leniency, especially if there are factors that suggest your case may not meet the threshold for a felony conviction.
For example, if the prosecution’s evidence is weak or if there are mitigating circumstances, your lawyer may be able to reduce the charges to a misdemeanor DUI, which carries less severe penalties. However, these negotiations require a deep understanding of the law and the ability to advocate effectively for your interests.
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What You Should Do Now
If you are facing a Felony DUI charge in West Virginia, it is important to act quickly and seek legal assistance. The consequences of a conviction are significant, but with the right legal representation, you may be able to fight the charges and protect your future. Our team understands how overwhelming this process can be, and we are here to help.
At The Wagner Law Firm, we are committed to helping you navigate the complexities of your case and work toward a favorable outcome. We will take the time to listen to your side of the story, investigate the facts, and ensure that your rights are protected at every stage of the legal process. If you are ready to take the next step and seek the support you need, contact us today. We are here to help you move forward with confidence.