West Virginia Criminal Defense Attorney

When your freedom, reputation, and future are on the line, Attorney David O. Moye

delivers relentless courtroom defense across Winfield, Charleston, and throughout West Virginia.

Call (304) 586-1251 for Immediate Counsel Request Confidential Consultation

✓ Direct Representation by Attorney David O. Moye ✓ Trial Experience in Magistrate & Circuit Courts ✓ Serving Putnam, Kanawha, Cabell, Lincoln & Mason Counties

Have You or a Loved One Just Been Arrested in West Virginia?

The steps you take immediately following an arrest or police interrogation can define the outcome of your case:

1. Exercise Your Right to Remain Silent: Politely tell law enforcement officers that you choose not to answer questions without your attorney present. Anything you say will be documented and used against you.

2. Demand to Speak with an Attorney: Do not attempt to negotiate or explain your side to prosecutors or investigating officers before consulting defense counsel.

3. Contact Moye Law Office Immediately: Call (304) 586-1251 so we can intervene early, protect your rights during initial arraignment, and address bond conditions.

Criminal Charges We Defend in West Virginia

Comprehensive legal defense ranging from municipal violations to serious felony indictments.

1. DUI & Impaired Driving Defense

A DUI charge in West Virginia threatens both your criminal record and your driver’s license. Attorney David O. Moye challenges traffic stops, field sobriety testing procedures, breathalyzer calibration logs, and blood draw chain of custody. We defend first-offense DUIs, underage DUIs, repeat offenses, and felony DUIs involving bodily injury.

2. Drug Offenses & Controlled Substances

Defending individuals charged with possession, possession with intent to deliver (PWID), prescription drug offenses, manufacturing, and trafficking under WV Code § 60A. We scrutinize search warrant validity, Fourth Amendment search-and-seizure violations, and seek alternative diversion programs where available.

3. Domestic Battery, Assault & Violent Offenses

Allegations of domestic violence, simple assault, battery, and malicious wounding carry immediate social and legal repercussions, including emergency protective orders (DVP). We conduct thorough witness investigations to present self-defense facts, uncover false allegations, and safeguard your liberties.

4. Theft, Burglary & Serious Felony Defense

From grand larceny, embezzlement, and shoplifting to felony breaking and entering, weapons offenses, and probation revocations. We prepare every matter with the depth required for jury trial presentation.

Navigating West Virginia Magistrate and Circuit Courts

Criminal procedure in West Virginia divides matters between local Magistrate Courts and County Circuit Courts. Understanding where your case is docketed is vital to your defense strategy:

Magistrate Court Defense

Magistrate courts handle misdemeanor trials, initial felony appearances, preliminary hearings, and bail/bond determinations. Attorney David O. Moye regularly defends clients before:

Putnam County Magistrate Court: 3389 Winfield Rd, Winfield, WV 25213
Kanawha County Magistrate Court: 111 Court St, Charleston, WV 25301
Cabell County Magistrate Court: 750 5th Ave, Huntington, WV 25701

Circuit Court Defense

Circuit courts maintain jurisdiction over all felony indictments, jury trials, and misdemeanor appeals from Magistrate Court rulings. Our firm provides rigorous representation before:

Putnam County Circuit Court (29th Judicial Circuit): Winfield Courthouse
Kanawha County Circuit Court (13th Judicial Circuit): Charleston Judicial Building
Cabell & Mason County Circuit Courts: Western WV trial dockets

Our Strategic Criminal Defense Roadmap

Arraignment & Bond Strategy

We advocate for personal recognizance or affordable bond conditions so you can return to your family and job while your case proceeds.

Discovery & Independent Evidence Review

We obtain and dissect police dashcam/bodycam footage, 911 audio recordings, officer notes, lab toxicology reports, and witness statements.

Pre-Trial Motions & Evidentiary Challenges

Filing aggressive motions to suppress unlawfully obtained evidence, challenge defective warrants, and petition for dismissal of unsupported charges.

Trial Advocacy or Negotiated Resolution

Whether presenting your case before a jury or securing reduced charges through diversion programs, we fight for the optimal resolution.

What is the difference between a misdemeanor and a felony in West Virginia?

In West Virginia, misdemeanors are less severe offenses punishable by fines and up to one year in a regional jail facility, typically tried in Magistrate Court. Felonies are serious offenses punishable by one or more years in a state correctional institution, originating in Magistrate Court for preliminary matters before proceeding to the County Circuit Court via Grand Jury indictment.

Will I automatically lose my driver’s license after a DUI arrest in West Virginia?

A DUI arrest initiates both a criminal court case and administrative proceedings with the West Virginia Division of Motor Vehicles (DMV). Depending on the nature of the charge, license suspension can occur. However, you have the right to challenge the suspension and explore options such as the WV Interlock (Ignition Interlock Device) program. Timely legal intervention is essential to preserve your driving privileges.

What happens at a preliminary hearing in West Virginia?

For felony charges originating in Magistrate Court, a preliminary hearing is held to determine if the state has probable cause to support the charge. This hearing provides defense counsel an early opportunity to cross-examine state witnesses, uncover gaps in police testimony, and evaluate the prosecution's evidence before the case reaches the Circuit Court Grand Jury.

Can criminal charges be expunged from my record in West Virginia?

Under West Virginia Code § 61-11-25 and § 61-11-26, charges resulting in dismissals, acquittals, or certain non-violent misdemeanor convictions can be eligible for expungement after a statutory waiting period. Attorney David O. Moye can review your prior record to determine your eligibility to clear your background check.

Speak Directly with Attorney David O. Moye

Do not wait until your first court date to begin building your defense. Contact Moye Law Office today for a direct, confidential case evaluation.

Winfield Office: 12458 Winfield Road, Winfield, WV 25213

Direct Phone: (304) 586-1251 | Email: info@MoyeLawOffice.com

The Moye Law Mission

Our mission is to serve as a leader in the fields of real estate law, estate planning, personal injury and criminal defense law. We are committed to satisfying the objectives of each of our clients by providing efficient and effective legal representation to reach beneficial long term outcomes.

The Moye Law Values

Every member of the team works to our three core values:

➔Work hard

➔Work with integrity

➔Treat everyone with respect

The Moye Law Vision

Our vision is to treat each client as if it they were our only client, we achieve this by:

➔ Always being accessible

➔ Always being responsive to our clients’ questions and concerns

➔ Providing sound legal advice and counsel

➔ Helping our clients obtain the best possible results for their situation

The Moye Law Mission

Our mission is to serve as a leader in the fields of real estate law, estate planning, personal injury and criminal defense law. We are committed to satisfying the objectives of each of our clients by providing efficient and effective legal representation to reach beneficial long term outcomes.