Morgantown Lawyers for WVU Student Criminal Charges
By J. Brandon Shumaker and J. Tyler Slavey · Slavey & Shumaker PLLC · Morgantown, WV · Last updated November 12, 2026
Table of Contents
A citation on a Friday night can follow a student much longer than the weekend. Even a minor misdemeanor conviction is a criminal record that can come up on job, internship, graduate school and professional license applications, and the university may open its own conduct case about the same events.
Slavey & Shumaker PLLC represents students charged with misdemeanors in magistrate court and municipal court in Monongalia, Preston, Marion and Harrison Counties, including the Morgantown Municipal Court. For the university side of a case, see our WVU Student Conduct page.
1. Common Student Charges
| Charge | Statute | Possible penalty |
|---|---|---|
| Underage purchase, consumption or possession of beer | § 11-16-19(a)(1) | Fine up to $500, up to 72 hours in jail, or both; or probation up to one year for a first offense |
| Underage purchase, consumption or possession of liquor | § 60-3A-24(a)(1) | Fine up to $500, up to 72 hours in jail, or both; or probation up to one year for a first offense |
| Misrepresenting age or using false ID to buy beer or liquor | § 11-16-19(b); § 60-3A-24(b) | Fine up to $100, up to 72 hours in jail, or both; or probation up to one year for a first offense |
| Possessing or displaying a fictitious or altered license or ID | § 17B-4-1 | Misdemeanor |
| Public intoxication (first offense) | § 60-6-9(e)(1) | Fine of $5 to $100; possible dismissal after an alcohol education program |
| Disorderly conduct | § 61-6-1b(a) | 24 hours in jail or a fine of up to $100 |
City ordinances can carry their own penalties in municipal court. The penalty in a particular case depends on the charge, the court and the facts.
2. Underage Possession and Consumption
West Virginia makes it a misdemeanor for a person under 21 to purchase, consume, sell, possess or serve nonintoxicating beer (W. Va. Code § 11-16-19(a)(1)) or alcoholic liquor (§ 60-3A-24(a)(1)). The penalty is a fine of up to $500, up to 72 hours in jail, or both, and for a first offense, the court may place the person on probation for up to one year instead of imposing the fine and jail.
These cases often turn on the details: whether the person actually possessed or consumed the alcohol, how age and possession were established, and what happened during the stop or encounter with police.
3. Fake ID Charges
A fake ID can lead to more than one charge. It is a misdemeanor for a person under 21, in order to buy beer or liquor, to misrepresent his or her age or to present identification that is false, fraudulent or not his or her own, or to illegally attempt to buy beer or liquor (§ 11-16-19(b); § 60-3A-24(b)). The penalty is a fine of up to $100, up to 72 hours in jail, or both, or probation for a first offense.
Separately, it is a misdemeanor to display or possess a fictitious or fraudulently altered driver’s license or identification card, to lend your license or ID to someone else, or to display someone else’s license or ID as your own (W. Va. Code § 17B-4-1).
4. Public Intoxication
A person may not appear in a public place in an intoxicated condition or drink alcoholic liquor in a public place (W. Va. Code § 60-6-9(a)). For a first offense of public intoxication, the penalty is a fine of $5 to $100. If the person agrees before conviction to attend an alcohol education program of not more than six hours, the judicial officer may delay sentencing until the program is completed and may then dismiss the charge (§ 60-6-9(e)(1)). Second and later offenses carry additional penalties (§ 60-6-9(e)(2), (3)).
5. Disorderly Conduct
Disorderly conduct under state law requires more than being loud. The statute applies to a person who, in a public place or certain other listed places, including a common area of an apartment building or dormitory, disturbs the peace of others by violent, profane, indecent or boisterous conduct or language, or by unreasonably loud noise intended to cause annoyance or alarm, and who persists after being asked to stop by a law-enforcement officer (W. Va. Code § 61-6-1b(a)). The penalty is 24 hours in jail or a fine of up to $100.
Charged With a Misdemeanor as a WVU Student?
Free consultation with a Morgantown criminal defense lawyer. We handle cases in magistrate and municipal court.
6. Magistrate Court or Municipal Court
Where your case is heard depends on the charge. State misdemeanor charges are generally heard in magistrate court; see our West Virginia magistrate court guide. Charges under a city ordinance, including many citations written by city police in Morgantown, are heard in municipal court. The citation or complaint will name the court and the date you must appear. Slavey & Shumaker PLLC handles student misdemeanor cases in both magistrate court and municipal court.
7. The University Process
West Virginia University may address the same conduct through its own student conduct process, which is separate from the criminal case and has its own rules and outcomes. What you say in one process can matter in the other. See our WVU Student Conduct page for how we help students with the university side.
8. What to Do After a Citation
Read the citation for the court and the date you must appear. Missing a court date can lead to additional problems, including a warrant.
Avoid discussing what happened with police, university staff, roommates or on social media before getting advice.
Keep the citation, any bond paperwork and any letters from the university.
A conviction is a criminal record. Some misdemeanor convictions and dismissed charges can later be expunged if eligibility requirements are met; see our expungement page.
Early advice can protect options that may not be available later.
9. Why Choose Slavey & Shumaker PLLC
Our attorneys, J. Tyler Slavey, J. Brandon Shumaker, Scott B. Harris and Kasey Libby, appear regularly in the magistrate, circuit and municipal courts of Monongalia, Preston, Marion and Harrison Counties. Our office is at 174 Chancery Row in Morgantown, beside the Monongalia County Courthouse. We understand the pressures students face and work to protect both the outcome of the criminal case and your future. The initial consultation is free. Criminal defense is generally billed on an hourly fee basis. No lawyer can guarantee a result. You can read what past clients say in our more than 100 Google reviews.
10. Frequently Asked Questions About WVU Student Criminal Charges
Talk With a Morgantown Criminal Defense Lawyer
Slavey & Shumaker PLLC, 174 Chancery Row, Morgantown. Defending criminal cases in Monongalia, Preston, Marion and Harrison Counties. The initial consultation is free.
This page is provided for general informational purposes about West Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.