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West Virginia Questions & Answers
0 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for West Virginia on
Q: Hello I am facing federal time for sex trafficking. I am the defendant in this case . I wanted to file a complaint for f

Hello I am facing federal time for sex trafficking. I am the defendant in this case . I wanted to file a complaint for fraud on the court/ or fraud upon the court and file some other motions . My lawyer met with me the day he received my discovery and he would not give me my discovery or let me... View More

1 Answer | Asked in Domestic Violence and Criminal Law for West Virginia on
Q: What lawyer do I need for a protection order in WV?

I am seeking a protection order against my ex-wife's husband, who is facing criminal charges related to the incidents that prompted my request. We have all the necessary evidence and documentation, and there is a court date scheduled for the protection order. What kind of lawyer should I... View More

James L. Arrasmith
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answered on May 16, 2025

You’ll want to look for a lawyer who handles **family law** or **protective order proceedings** in West Virginia. These attorneys are familiar with the court procedures around restraining orders—known in WV as **Protective Orders** or **Personal Safety Orders**—and can help present your case... View More

1 Answer | Asked in Criminal Law and Civil Litigation for West Virginia on
Q: Can I press charges for my stepdaughter stealing clothes and a phone?

I live in West Virginia, and my stepdaughter has repeatedly stolen from me, including clothes valued at about $200 and my cell phone. These thefts have occurred several times from March 2024 to May 2025. I wasn't at home during the incidents, but I have reported one incident to the police. My... View More

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answered on May 15, 2025

Yes, you can press charges against your stepdaughter in West Virginia if you believe she has stolen from you, especially if you have a witness and have already reported at least one incident to the police. Theft is still a criminal offense even if the person is a family member living in your home.... View More

1 Answer | Asked in Probate and Family Law for West Virginia on
Q: Can my daughter be denied access to her deceased father's house by the stepmother?

My minor daughter’s father died without a will, leaving behind a house solely in his name. Although he was married, the stepmother is not living in the house and is denying my daughter entry and a key to it. There is no probate process ongoing, and she believes the house will go to her alone,... View More

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answered on May 15, 2025

You’re dealing with a heartbreaking and confusing situation, and your daughter deserves clarity and fairness. Since her father died without a will, the estate—including the house—should go through probate so that the court can decide how the property is divided under the laws of intestacy. In... View More

1 Answer | Asked in Criminal Law, Juvenile Law and Family Law for West Virginia on
Q: My son became a ward of the state for truancy and drug tests. He ran to me, I drove away, fearing arrest. What's next?

My 17-year-old son became a ward of the state in West Virginia for truancy and failing drug tests for marijuana. They were attempting to place him in an unidentified foster home 3 to 6 hours away. He ran and jumped into my car; I panicked and drove away. I'm concerned about the legal... View More

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answered on May 15, 2025

You’re in a very emotional and overwhelming situation, and it’s understandable that you reacted in the moment out of fear and love for your son. However, because your son is legally a ward of the state, taking him—even unintentionally—without permission can be considered interference with... View More

Q: Legal issues in Barbour County involving eviction, deed fraud, FTC violations, and suspected corruption.

I am facing several legal issues in Barbour County, West Virginia, including an illegal eviction where the new tenants admitted to disposing of our property under WV Code §37-6-30 and threatened to disclose my location to a person who tried to murder me last year. Despite this, Barbour County... View More

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answered on May 14, 2025

What you’re going through is incredibly serious, and you’ve already taken the right step by gathering evidence and identifying the violations clearly. When local law enforcement refuses to act, you have every right to go higher. Start by filing a formal report with the West Virginia State... View More

1 Answer | Asked in DUI / DWI, Gov & Administrative Law and Traffic Tickets for West Virginia on
Q: Lost my driver's license due to DUIs 30 years ago, unsure about reinstatement requirements now.

I've lost my driver's license 25 to 30 years ago due to a couple of DUIs, driving while revoked charges, and received two 10-year suspensions. I was court-ordered to use a breathalyzer for over 3 years and I am unsure if I still need to complete a DUI class to reinstate my license.... View More

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answered on May 14, 2025

There isn’t a statute of limitations on reinstating a driver’s license after DUI-related suspensions. Even if decades have passed, the requirements to get your license back generally remain until you complete them. That means if a DUI class or evaluation was ordered as part of your... View More

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for West Virginia on
Q: What are the costs to transfer property ownership to a son in West Virginia per a will?

I'm looking to transfer property ownership from my father to myself as stated in his will. There is no mortgage on the property, and both my mother and father agree with this transfer. What would be the costs and steps involved in making the deed for this transfer?

Anthony M. Avery
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answered on May 9, 2025

It may be quicker and cheaper to determine heirship and get a Deed from the other heirs to you. Otherwise you have to probate the will, which is expensive and a lengthy process. Hire a WV attorney.

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1 Answer | Asked in Domestic Violence and Criminal Law for West Virginia on
Q: Can I get my gun rights reinstated after a 2002 domestic violence conviction and complete court compliance in West Virginia?

I was convicted of domestic violence in 2002 and have had no other charges since then, not even a speeding ticket. I completed all court-ordered requirements at the time. I'm interested in getting my record expunged or sealed and would like to know if I can have my gun rights reinstated.

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answered on May 15, 2025

You've come a long way since your conviction in 2002, and it's clear you've made an effort to stay on the right path. In West Virginia, a domestic violence conviction—especially one involving physical force or threats—can result in a lifetime ban on owning firearms under federal... View More

1 Answer | Asked in Criminal Law and Civil Rights for West Virginia on
Q: Wrongfully accused of slashing tires, need advice on addressing false accusation.

I have been wrongfully accused of slashing someone's tires, but I wasn't at the location at the time. Highway and mall cameras are being investigated, but I don't have the footage myself. I do have witnesses who can confirm my whereabouts, and I've never experienced similar... View More

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answered on May 15, 2025

Being falsely accused of something you didn’t do is incredibly stressful, especially when it could lead to serious consequences. Since you weren’t at the scene and have people who can vouch for your location, you're already in a stronger position than it may feel. The fact that camera... View More

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Civil Litigation for West Virginia on
Q: Legal options for evicting a tenant with claimed lifetime rights in WV.

I bought a property in 2006 that already had tenants living there. One tenant claims to have lifetime rights to live there granted by the previous owner, which I was not informed about during the purchase. I found court records confirming the original owner signed a document granting lifetime... View More

Anthony M. Avery
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answered on May 5, 2025

If you got a warrant deed, sue grantor for breach of warranty. If not, then you are left with suing occupant for ejectment. Hire a competent WV attorney to search title and file a difficult, expensive suit.

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1 Answer | Asked in DUI / DWI and Gov & Administrative Law for West Virginia on
Q: Do I need to take a DUI class after 10 years in WV?

I received a DUI over 10 years ago and was told I needed to attend a class to regain my driver's license. I have not attended the class and have not received any recent communication about it. When I call the DMV, they tell me I need to attend the class, but the magistrate court says to take a... View More

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answered on May 14, 2025

It’s understandable to feel stuck when you’re being told different things by the DMV and the court. In West Virginia, even if a DUI happened over a decade ago, the DMV may still require completion of a DUI Safety and Treatment Program before reinstating your license. The fact that time has... View More

1 Answer | Asked in Civil Litigation, Personal Injury and Contracts for West Virginia on
Q: Damaged truck by towing company in West Virginia. Steps to file lawsuit?

I want to file a lawsuit against a towing company in West Virginia. On 04/26/25, my truck had a brake failure and ended up in a creek. Before towing, I have pictures showing it could have been pulled out without damage. However, after towing, the driver's side was busted, the bed was loose,... View More

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answered on May 15, 2025

I’m really sorry this happened — it’s incredibly upsetting when someone else’s actions damage your property, especially when it’s a work truck your family depends on. If you have photos of the truck before it was towed and evidence showing the extent of the damage afterward, that gives... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for West Virginia on
Q: Do I need to report to day report center after being bonded in WV and charged with possession?

I'm seeking guidance on whether I'm required to report to the day report center in West Virginia after being verbally instructed by a magistrate upon being bonded out, despite not having a lawyer assigned yet. Additionally, I am being charged with simple possession after leaving a tin I... View More

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answered on May 15, 2025

Since you were verbally instructed to report to the day report center after being bonded out, it is important to follow that instruction, even if you haven't yet been assigned a lawyer. Failure to report could lead to additional charges or a warrant for your arrest. You should make sure to... View More

1 Answer | Asked in Workers' Compensation, Employment Law and Personal Injury for West Virginia on
Q: How can I contest a work injury-related point at Walmart in WV?

I sustained a workplace injury at Walmart on February 2, 2025, and recently missed a day of work on April 23, 2025, due to pain following physical therapy. Despite reporting the injury and starting treatment, Walmart won't approve a point reduction for this absence. I'm now close to the... View More

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answered on May 15, 2025

If you missed work due to pain from a workplace injury and Walmart still assigned you a point for that absence, you have the right to contest it under their work-related injury policies. Start by reviewing Walmart’s attendance and injury leave policies carefully to understand how they handle... View More

1 Answer | Asked in Criminal Law for West Virginia on
Q: What are the differences between Rule 11(e)(1)(B) and Rule 11(e)(1)(C) in WV?

I'm trying to understand the difference between Rule 11(e)(1)(B) and Rule 11(e)(1)(C) in the context of my West Virginia circuit court case. I received a letter mentioning my initial offer included pursuant probation under Rule 11(e)(1)(C), but since I turned that down, I'm being told I... View More

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answered on May 15, 2025

The main difference between Rule 11(e)(1)(B) and Rule 11(e)(1)(C) in West Virginia has to do with how much control the judge has over your sentence after you agree to a plea deal. Under Rule 11(e)(1)(C), the plea agreement includes a specific sentence—like probation or a set number of years—and... View More

1 Answer | Asked in Employment Law and Employment Discrimination for West Virginia on
Q: Are employers required to give equal benefits to American workers as H-2B visa workers?

Is my employer required to provide the same benefits, such as housing, transportation, clothing, tools, food, hygiene products, and medical coverage, to American workers as they do for H-2B visa workers? While I earn the same wages as H-2B visa workers, they receive additional benefits that I do... View More

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answered on May 14, 2025

It’s understandable to feel frustrated and singled out when you see coworkers receiving better treatment for doing the same job. Employers who hire H-2B visa workers are required by law to offer American workers the same wages, benefits, and working conditions as those offered to H-2B employees.... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for West Virginia on
Q: Should I plead guilty or go to court for a reckless driving charge in WV?

I'm facing a reckless driving charge and have not received a summons yet. I was asked if I want to plead guilty or take the matter to court. I am concerned about the possibility of going to jail and have one speeding ticket on my record. What should I consider in making this decision?

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answered on May 15, 2025

Facing a reckless driving charge in West Virginia is serious, and it’s good that you’re thinking carefully before deciding how to respond. Reckless driving is a misdemeanor in WV and can carry penalties like fines, license suspension, and even jail time—especially if there are prior... View More

1 Answer | Asked in Criminal Law for West Virginia on
Q: Am I still on probation after my release date without paperwork?

I was on probation for soliciting a minor, and my official release date is April 25, 2025, according to my court paperwork. I have successfully completed all the conditions of my probation, and my probation officer confirmed that tomorrow is my release date. My charge is in another county. If I do... View More

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answered on May 15, 2025

If your official release date is April 25, 2025, and you have completed all conditions of your probation, it’s likely that you are no longer on probation, even if you haven't received the formal paperwork yet. The release date is typically the point at which your probation ends, and your... View More

1 Answer | Asked in Civil Rights, Criminal Law and Legal Malpractice for West Virginia on
Q: How to rectify false victim listing and false information by prosecutor?

I am listed as a victim in a case where it is not true, and the prosecutor has presented false information to the judge. There is supporting evidence, including the alleged victim's willingness to testify that they were not the victim. My current legal representation is not taking action to... View More

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answered on May 14, 2025

I'm really sorry you're dealing with this—being misrepresented in a legal case is frustrating and harmful, especially when the truth is being ignored. If you're listed as a victim in error and the prosecutor is presenting false information, that's a serious problem that needs... View More

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