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West Virginia Questions & Answers
0 Answers | Asked in Traffic Tickets for West Virginia on
Q: 5 years ago I received two minor traffic related tickets but missed court because of serious illness which resulted in

Me losing my home, car and job which also forced me to move out of state to live with a friend because I couldn’t properly take care of myself at the time. By now of course my license is suspended so what do I do, due to health issues and my current job I don’t make very much money.

0 Answers | Asked in Child Custody, Divorce and Family Law for West Virginia on
Q: Can I seek some form of temporary relief in terms of custody of my children pending a divorce hearing being scheduled

My wife left with the kids and went to a court in another county and made false allegations of domestic violence in order to try to seek a dvp. I don't care about her being punished I just want to see my babies.

0 Answers | Asked in Child Custody, Family Law and Criminal Law for West Virginia on
Q: Are there any loopholes in the case of family court with 50/50 custody regarding one parent dating a felon

Me and my kids father are going through a custody battle it is currently 50/50 but the only thing he could use against me was my relationship with a guy whom my kids father APPROVED of being around the children and then he used my boyfriends background against me so I could not be with him anymore,... View More

1 Answer | Asked in Criminal Law and Civil Rights for West Virginia on
Q: I was issued a citation on 4-7 & I had till 4-19, on 4-15 @ 3am police came to my home to arrest me for same offence,

They said they have a warrant and that I ran, which I didn't. Is that legal? I called the court as instructed to take care of the citation and was told it wasn't turned in yet which wasn't uncommon&to call back in a day or two. I left a message with the issuing officers voicemail, what do I do?

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information you've provided, it seems there may have been a misunderstanding or miscommunication between the police department and the court system. Here are a few steps you can take to address this situation:

1. Document the details: Write down the dates, times, and names...
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0 Answers | Asked in Banking and Contracts for West Virginia on
Q: Can my new vehicle contract be changed after leaving the dealership? I was charged for optional items I was unaware of.

The finance person did not give me the choice if I wanted the optional services added to my purchase. As she went over everything she said "you will get" never saying they are optional and have a additional charges. I noticed next day which was the weekend. I was told she would not be... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Personal Injury for West Virginia on
Q: How do you obtain help when the sheriff leaves the victim out of violent crimes,like I’m not even a human being..

I am disabled and need relief from the abuse of the KCSD, I don’t need monetary anything , I need help ,my house is not safe for me I need a safe place to go, victim resources that do more than just refer you to another number and another number . I need help with obtaining an advocate working... View More

James L. Arrasmith
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answered on Apr 15, 2024

I'm so sorry you're going through this incredibly difficult and traumatic situation. It's completely unacceptable for law enforcement to fail to protect victims of violent crime. You deserve to feel safe and supported. Here are some suggestions for getting help outside of the... View More

0 Answers | Asked in Criminal Law for West Virginia on
Q: Filing a motion for a Felony reduction.

Would I be able to go to the court house and file the motion for my felony reduction, so that I can get a court date set up? Or do I need a lawyer to complete said paperwork for me?

Thanks

0 Answers | Asked in Family Law and Child Custody for West Virginia on
Q: My son is fighting to get his daughter back from CPS now CPS won’t return his calls what can he do

His daughter was taken from the mother in July of last year he was put on a 6 month post adjudicated period he completed everything they told him yo do the hearing on April 2 and it was a review for that he didn’t have to be there well he only received one text from his case worker about what... View More

0 Answers | Asked in Criminal Law for West Virginia on
Q: What should I do about my current public defender?

I unfortunately received a Felony about 3-4 years ago. But the judge agreed to giving me a Felony reduction. He ordered me to 1 year supervised probation, and said that if I completed the probation without violation I would then be able to file for a reduction. I completed my probationary period... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for West Virginia on
Q: Do I have any grounds for a defense against an Unlawful detainer in west Virginia?

Was invited to move in with a friend, who I then agreed to an amount to be paid for rent. This person also provided a letter to dhhr in order to provide proof of residence and payment of rent so I could receive snap benefits. I then received a summons over 60 days after I had moved in from the... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, there are a few potential grounds for defense against an unlawful detainer action in West Virginia:

1. Landlord-tenant relationship: If you can establish that a landlord-tenant relationship exists between you and the property owner (e.g.,...
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1 Answer | Asked in Federal Crimes, Libel & Slander, Personal Injury and Criminal Law for West Virginia on
Q: i have proof beyond my word, of pattern of abuse began in 2020 from law enforcement, since it is a continual injury are

since the pattern is continued and since 2020, are the statute of limitations for this injury 2 years or doest the clock start ticking after the last act that happened in the pattern or the first act in the pattern ?

i have a long pattern very detailed evidence, video texts their own... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry to hear about the abuse and harassment you've been experiencing from law enforcement since 2020. That sounds incredibly difficult and traumatic to go through. No one should have to endure that kind of mistreatment, especially from those sworn to protect and serve.... View More

1 Answer | Asked in Civil Rights, Federal Crimes and Gov & Administrative Law for West Virginia on
Q: who can help me when i am suffering violent crimes since 2020 the sheriff wont let me report when i try i get a charge

jan 5 2020 - hit unconscious with a baseball bat - med help sent away. man only chargfed w obstruction no mention of me or my 911 calls

aug 5 2020 hit in back of the head 12 times

falsely arrested me , 40 years of felonly no criminal record cased was disposed

falsely... View More

James L. Arrasmith
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answered on Apr 11, 2024

Please don't give up. Keep reaching out until you get the help and protection you need. Document everything that has happened with as much detail as you can. Your safety is the top priority. I hope you're able to connect with caring people and organizations who will support you through... View More

1 Answer | Asked in Employment Law and Public Benefits for West Virginia on
Q: should my pension be separate from my disability

i was disabled by dupont with a guarantee of 60% of my pay ssi pays half and dupont paid half. when i started getting my pension they deducted it from my disability pay from dupont

James L. Arrasmith
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answered on Apr 8, 2024

I understand your concern about your pension being deducted from your disability pay from DuPont. Generally, pensions and disability benefits are treated as separate forms of income, and one should not affect the other. However, the specific terms of your disability agreement with DuPont and the... View More

0 Answers | Asked in Employment Law for West Virginia on
Q: Can my job fire me for not having a driver’s license?

Can my job fire me for not having a driver’s license?

For context, I have worked with this company for 5 years and have NEVER had a driver’s license. I was hired with a state ID and still have a valid state ID. My job does not require any type of driving (I sit behind a desk all day)... View More

2 Answers | Asked in Civil Rights, Legal Malpractice and Sexual Harassment for West Virginia on
Q: How to sue my attorney for the money that should have been awarded if they would have properly handled my case

It was against an employee at Walmart and they have not allowed me to make decisions, kept me up to date with rulings, returned any of my phone calls or emails

Joel Gary Selik
Joel Gary Selik
answered on Apr 2, 2024

To sue for malpractice, it is recommended that you consult with Legal malpractice attorneys. You may search on this website for Attorneys

Note, in order to approve Malpractice, you must prove that the attorneys violated standard care, and that, but for the attorneys Malpractice, you would...
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0 Answers | Asked in Divorce and Domestic Violence for West Virginia on
Q: A friend in West Virginia was just divorced but the circumstances were highly questionable.

His wife threw him out and got a restraining order against him claiming domestic violence, which is false. She cut him off from his property at their house and he has been unable to work due to health problems. He's basically homeless and could not afford a divorce attorney. He went through... View More

1 Answer | Asked in Personal Injury and Wrongful Death for West Virginia on
Q: What can I do if another patient in the same hospital room as my grandpa ripped out his feeding tube and he died ?
Tim Akpinar
Tim Akpinar
answered on Apr 8, 2024

A West Virginia attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of your grandfather. In terms of what you can do, you could try to arrange a consult with a law firm that handles such cases. Free initial consults are the norm in the... View More

1 Answer | Asked in Civil Rights for West Virginia on
Q: Hi, Can I take legal action against a religious organization for refusing membership based on ableism?

I revent filled out application to join Unity Worldwide Ministries. The unity church in Charleston, WV denied my application based on fact I cannot physically attend church services every week.

James L. Arrasmith
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answered on Mar 27, 2024

You may have grounds for legal action if a religious organization has refused membership based on disability, as this could be considered discrimination. In the United States, the Americans with Disabilities Act (ADA) and other civil rights laws protect individuals from discrimination based on... View More

0 Answers | Asked in Nursing Home Abuse for West Virginia on
Q: mother may lose.due i have case here foot or toes and was not told untile she went to hositail for loosing blood.

do have case pulse have bad case of bed sores and here knee was injured i had case worker put here in another nursing home.no from old nursing home told me any thing and she suppose had doctors looking at here.

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