Our Practice

Both West Virginia and federal law contain a wide range of criminal offenses. If you are accused of a criminal offense, you have the right to be represented by an attorney – Mills McDermott have been representing citizens and have over 50 years experience in Criminal Defense.

An attorney may employ a range of tactics in defense of his or her client, from motions to suppressing evidence to vigorous cross-examination of opposing witnesses.  The attorneys at Mills McDermott will explore all options for the defense of every client, no matter how big or small the charges might be.

Federal vs State Defense

All violations of federal law are found in the U.S. Code.  They are prosecuted by U.S. Attorneys in the appropriate federal court.

State criminal laws, most of which are found in the West Virginia Criminal Code, are passed by the State Legislature.  Violations of these laws are prosecuted by the appropriate authority for the jurisdiction in which they are alleged.

Types of Offenses

  • MillsMcDermott represents clients on any type of criminal allegations, including accusations involving:
  • The illegal possession, sale, or transportation of controlled substances
  • Possessing, delivering or cultivating marijuana
  • Any type of financial crime involving fraud or deception
  • Homicide, or the crime causing of another person’s death
  • Sexually-motivated crimes, including sexual assault and online solicitation of a minor
  • Driving a motor vehicle while intoxicated by alcohol or drugs
  • Crimes that cross international borders
  • A criminal offense allegedly committed by a minor
  • Crimes that utilize the internet
  • Reckless driving
  • Engaging in organized criminal activity

When a person becomes aware that he or she is a suspect of a criminal investigation, he or she should immediately retain legal counsel.  Every decision he or she makes during this process is critical to the outcome of the case, and an attorney can advise him or her on how best to act.

Some of the issues affecting the rights of their clients that MillsMcDermott frequently face include:

Grand Jury Proceedings: Under both state and federal law, a grand jury issues indictments.  An attorney can advise a person on how to handle a grand jury investigation.

Search and Seizure: Article III Section 6 of the West Virginia Constitution and the Fourth Amendment to the United States Constitution protects people from unreasonable searches and seizures.  If any evidence against a person is the product of an illegal search, the lawyer may move to suppress that evidence.

Asset Forfeiture: The government may seize property used in commission of a crime.  Legal counsel can assist in the accused keeping property from being wrongfully forfeited. 

Criminal Appeals: Any unfavorable decision made by a judge in a criminal case may be appealed as made in error.


DUI / DWI charges can damage your reputation - let our veteran staff work with you to protect your rights.

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Misdemeanor and Felony Charges

The various criminal charges prosecuted under West Virginia Law include both misdemeanor and felony offenses.  Misdemeanor offenses generally are considered ...

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Grand Jury Proceedings

The grand jury can play a critical role in the criminal process.  The Grand Jury is different from a criminal ...

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Illegal Search and Seizure

As an American citizen, you have certain rights and you expect they will be respected.  Unfortunately, law enforcement offices throughout ...

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Federal Crimes

Many criminal charges are filed by local law enforcement and heard in state court.  However, in some situations the federal ...

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Drug Crimes

Offenses involving controlled substances are taken extremely seriously throughout West Virginia, and the crimes can carry a wide range of ...

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Criminal Traffic Offenses

Traffic offenses may seem minor.  Often times they simply can result in a ticket.  However, incidents involving hit and run, ...

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Marijuana Defense

Marijuana defense attorney in Martinsburg West Virginia – Kevin D. Mills with NORML. Cannabis is illegal in West Virginia.  It ...

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International Crimes

International crime cases can include a variety of charges for several different offenses.  Often times, international criminal defense cases are ...

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Firearm / Gun Crimes

One of the greatest things about the United States is the freedom allowed to its citizens, including the right to ...

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Family Violence

Criminal charges of violence that are alleged to take place among people with certain family and dating relationships are accompanied ...

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Sex Crimes

Allegations of sexual offenses should be taken seriously.  The offenses are heavily prosecuted and the penalties often are harsh and ...

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Engaging in organized criminal activity is the charge that is utilized when a group works together to commit a criminal ...

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Assaultive Offenses/Kidnaping

A criminal accusation involving any type of violence will typically be the subject of aggressive prosecution, and any penalties involved ...

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Cyber Crimes

As computers and the Internet become more accessible, more people become capable of being charged with committing a cyber crime.  ...

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DUI/Drunk Driving

An arrest for a DUI can be an overwhelming and intimidating process.  You may not know what should be your ...

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White Collar Crime

When people think of white collar crime, they often think of high-profile criminals who have been involved in major crimes.  ...

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West Virginia likes to maintain its “tough on crime” image by aggressively prosecuting people accused of crimes, especially violent crimes ...

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