DUI Criminal Offense
Driving under the influence criminal charges, and the administrative action that occurs after a DUI arrest in West Virginia, are very peculiar and far different than most other states. RLB II regularly...
Drug Cases in West Virginia
West Virginia drug laws are also quite complex. There are no mandatory minimum sentences, but with the exploding drug problem throughout the United States in which West Virginia has not...
Expungement of Records
West Virginia has very specific statutes on expungement of records, which provide that certain offenses, in particular felonies, can never be expunged, but misdemeanor arrests that...
Common Fees for Criminal Cases
RLB II endeavors to charge all clients the same fees for similar cases, since he has learned that there is no way to predict how easy or how hard a case will be involved until he is actually participating in that case. Thus, he has a set fee structure for most cases he handles which is as follows:
Driving Under the Influence
1st Offense DUI: $2,500, which includes the representation before the Department of Motor Vehicles on the license suspension that occurs on all DUI arrests in West Virginia.
Representation for criminal case only: $1,500.
Representation before the Department of Motor Vehicles only $1,500.
2nd Offense DUI: $3,000, which includes representation in criminal court and before the Department of Motor Vehicles.
Criminally only: $3,000.
Administratively only $1,500.
3rd Offense DUI: $3,000 for representation at the magistrate court level and anything prior to indictment, and includes Department of Motor Vehicle representation. If that individual is then indicted the fee is an additional $4,000 to complete the case at the circuit court level. If an individual has been indicted on a 3rd Offense DUI, and RLB II did not represent him at the Magistrate Court level, his charges are $5,000 for the circuit court level, which includes all proceedings and trial, and any Department of Motor Vehicle representation is included therein.
Driving on Suspended License for DUI
For 1st Offense driving on suspended license for DUI; $2,000; 2nd Offense $2,500, both of which includes evaluating Department of Motor Vehicle prior actions for correctness.
3rd Offense for driving on suspended license for DUI, which is a felony, carries a charge of $3,000, and once again includes the evaluation of the correctness of the Department of Motor Vehicles prior actions.
Drug Offenses in State Court:
Misdemeanor possession of a controlled substance $2,000, felony possession with intent to distribute $3,000 at the magistrate court and pre-indictment level. If an indictment has been returned for possession with intent to deliver, and RLB II was not retained at the magistrate court level then his fee is $5,000, which includes trial if necessary. If RLB II was retained at the magistrate court level and no agreement or disposition was reached prior to indictment, then his fee for an ongoing case is $4,000 at the circuit court level, which includes trial if necessary.
Multiple Criminal Charges
RLB II reserves the right to modify his fees if additional criminal charges are included along with a DUI arrest, or drug arrest, however minor offenses such as traffic violations, public intox, disorderly conduct, for example that are commonly filed with a driving under the influence or drug warrant cause no additional fees, and are included in the prices set forth above.
Fees in Cabell County and Surrounding
Counties in Southern West Virginia
The above fees are quoted for Cabell County cases only. RLB II also handles criminal cases in Wayne County, Lincoln County, Logan County, Mingo County, Mason County, Putnam County, Kanawha County, and Jackson County. However, fees for representations outside of Cabell County carry additional charges, which are set on a case-by-case basis. However, RLB II always attempts to structure his fees so that his client always knows the fee for services in advance.
Miscellaneous Criminal Charges
Other Criminal Matters in State Court: RLB II has no set fees for other types of criminal cases, since they are highly individualistic, and vary in their complexity. He will consult with prospective clients concerning other types of criminal cases, and will thereupon quote a fee. There are no charges for the initial evaluation. RLB II rarely accepts representation of clients accused of sexual offenses, or abuse and neglect of children, due to his own personal moral views upon such conduct. However, he will evaluate such cases and make a case-by-case determination.
Serious Felony Offenses
RLB II does represent clients charged with the more serious types of criminal conduct, such as: Murder, Armed Robbery, Malicious Wounding, etc.… These cases obviously require an evaluation by RLB II to determine a fee structure.
Federal Court Representation: RLB II has successfully represented individuals on federal court cases primarily on felony possession with intent to distribute and conspiracy, but has also obtained dismissal of explosive charges in federal court. Federal court is far more complex than state court, and a typical fee for a felony case in federal court ranges between $10,000 to $20,000. Depending on if there are other co-defendants, and the complexity of the case, the fee could range higher. RLB II will evaluate an individual’s federal case and quote a fee for no initial charge.
Personal Injury Cases
RLB II personal injury practice consists of almost solely of automobile accidents, but he has also handled swimming pool accidents, product liability cases, and other types of personal injuries. All personal injury cases are handled on a 1/3 contingent fee basis, whereby if the case does not resolve in a verdict or settlement, and no recovery is forthcoming, then the individual owes no attorney fees, but would only be responsible for the expenses associated with any type of claim. Attorneys in West Virginia are allowed to advance expenses on personal injury client’s cases, but they are not allowed to bear that expense, thus the expense of all personal injury cases are ultimately borne by the client.
RLB II estate litigation practice consists of defending claims against estates, or prosecuting claims against estates, and typically he handles those cases on an hourly fee basis, which will require a retainer typically in the neighborhood of $2,000, with an hourly fee of $175. However, he has handled claims against estates on a percentage basis, and will evaluate a percentage-based fee if so requested in a larger type of estate claim.