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West Virginia Questions & Answers
0 Answers | Asked in Criminal Law for West Virginia on
Q: My judge was a prosecutor in 2014 and prosecuted a family member can I request my case be dropped?

I feel I've been treated harshly during my case and was given a bad deal and charged excessively, I just found out that my judge prosecuted my brother in law and my wife was questioned as we lived on the property at the time of the search and arrest, is there any legal misconduct or anything... View More

0 Answers | Asked in Family Law for West Virginia on
Q: It’s been 6+months since my hearing was continued. Is there anything I can do to get a continued proceeding scheduled?

CPS case was opened 1/18/23, first court hearing was 1/24/23. Second hearing was scheduled for 3/10/23 but there was a continuance. Lawyer and cps worker have contacted the prosecutor and the judge trying to get it put back on the docket but can’t get anything done. Cps wants to dismiss the case... View More

1 Answer | Asked in Civil Rights and Public Benefits for West Virginia on
Q: Can you be denied a USDA RD home repair loan because your family receives Social Security?
T. Augustus Claus
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answered on Sep 21, 2023

Receiving Social Security should not automatically disqualify you from a USDA Rural Development (RD) home repair loan. The eligibility for such a loan typically depends on various factors like income, credit history, and the ability to repay the loan. However, the guidelines may consider your total... View More

0 Answers | Asked in Civil Litigation for West Virginia on
Q: please see the more information box.

There is a tenant who has caused damage to my friend's property. we filed a wrongful occupancy form. We cannot afford an attorney. I am a 4th-year criminal justice major. Can I represent my friend in a pro se argument?

0 Answers | Asked in Civil Litigation for West Virginia on
Q: I live in West Virginia—surface and rainwater flow onto mine from my neighbor's property, which is uphill to me.

This creates a swampy condition in my yard. Is my neighbor responsible for diverting the water, or is it my responsibility to put in drainage features?

1 Answer | Asked in Employment Law and Civil Rights for West Virginia on
Q: I was fired today for Violating Drug and Alcohol Policy for taking a hit off a delta 8 vape pen which is LEGAL

Can I take action for being terminated for violating drug and alcohol policy for taking a hit off a delta 8 Vape which is LEGAL and not a controlled substance in West Virginia. I was not warned, was not drug tested, but was terminated

John Michael Frick
John Michael Frick
answered on Sep 18, 2023

Due to growing safety concerns, on June 8, 2023, Delta-8 became an illegal Schedule 1 controlled substance in West Virginia.

Putting that aside, an employer can fire you for violating its own drug and alcohol policy and is free to include Delta-8 in its policy regardless of whether it is...
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0 Answers | Asked in Civil Rights for West Virginia on
Q: Can I take action for being terminated for violating Drug and Alcohol Policy for taking a hit off a delta 8 vape pen?

Delta 8 is not a controlled substance therefore how did I violate drug and alcohol policy?

0 Answers | Asked in Employment Law, Cannabis & Marijuana Law and Employment Discrimination for West Virginia on
Q: I was fired today for Violating Drug and Alcohol Policy for taking a hit off a delta 8 vape pen which is LEGAL

Can I take action for being terminated for violating drug and alcohol policy for taking a hit off a delta 8 Vape which is LEGAL and not a controlled substance in West Virginia.

0 Answers | Asked in Uncategorized for West Virginia on
Q: What can I do if my site manager is threatening me for reporting them for negligence that was dangerous?

My manager has been doing many things that are illegal and against company policy. This week they neglected something very important that could have cost someone their life. It is against company policy to record any conversations or conferences, however, I recorded a conversation with this manager... View More

0 Answers | Asked in Landlord - Tenant for West Virginia on
Q: Is drug use by co tenant and filthy living conditions of co tenant enough to break lease

Signed 12 month lease for student housing and unit assigned had obvious signs of drug use by co tenant. Second unit offered was disgustingly filthy with trash and animal feces in floor from co tenant. Never moved in went back to dorm but paid 450$ rent for first month. Spoke with manager and was... View More

0 Answers | Asked in Personal Injury, Animal / Dog Law, Civil Rights and Constitutional Law for West Virginia on
Q: Police officers responsibility when responding to a call and investigating the incident in dog bite attack

I was involved in a dog attack the officer that responded to the call took the dog owners statement, but never did contact myself to get my statement and after repeatedly calling four times to get him to return my call I never heard anything, the lawyer that took my case has failed to keep... View More

0 Answers | Asked in Child Custody for West Virginia on
Q: my mom hit me and pushed me into a wall and choked me and she verbally abuses me. i am only 13.

i don’t have any family that would take me and i really don’t want to be put into the foster care system. could my boyfriends mom get full custody of me? or would she need my moms consent?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for West Virginia on
Q: Can the owners of the lot next to mine claim ownership of part or all of my property?

The owners of the lot next door to mine are using a driveway across my property to access their cabin even though there is a driveway on their property. Yesterday I found that they had put their address sign on the driveway on my property. I took it down and they called and gave me a sad story that... View More

Anthony M. Avery
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answered on Aug 14, 2023

Adverse Possession of some of your property is possible here. Hire a WV attorney to search both titles, and possibly hire a surveyor. You may need to file suit for a Boundary Dispute, Injunction, Quiet Title, Declaratory Judgment, etc.

1 Answer | Asked in Criminal Law for West Virginia on
Q: A drug dealer was arrested and they found text messages in his phone of me asking to buy drugs. The cops have called me

Asking to come speak to them. Can I be charged for anything from these messages they have on his phone?

T. Augustus Claus
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answered on Aug 2, 2023

If law enforcement has found text messages on a drug dealer's phone that involve you asking to buy drugs, there is a possibility that they may want to speak with you as part of their investigation. The content of the text messages could potentially be used as evidence against you.

If...
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1 Answer | Asked in Estate Planning and Collections for West Virginia on
Q: I'm administrator for my mother's estate. A collection agency put in a claim against it but I cannot contact who I need.

When I call, they say I "have" to speak with Kathy, who is in charge of estate claims; no one else can help me. I've called many times, left messages on every one of those calls and never had a return call. I am going to try a certified letter, but have no idea if it will reach the... View More

Anthony M. Avery
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answered on Jul 18, 2023

Is the claim properly filed against the Estate? If not, or there other defenses, it is your duty to contest the claim in Court. Your objection can be served at the given address. If a legitimate claim, then pay it prior to asking to close the Estate, and get a receipt. Hire a WV attorney to... View More

2 Answers | Asked in Immigration Law for West Virginia on
Q: Was born abroad due to my parents being in the military i lost my fs-240 in a move and my id is expired

Is there any way to get my id without a birth certificate or vice versa

Monica E Rottermann
Monica E Rottermann
answered on Jul 26, 2023

To get a replacement for your consular report for birth abroad, it looks like you do need a valid unexpired ID, you can read more about how to obtain the replacement here:... View More

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3 Answers | Asked in Personal Injury, Products Liability, Car Accidents and Insurance Defense for West Virginia on
Q: I have a friend who needs help. He is handicap for life an none of it was his fault an he definitely needs compromised.

He was in a bad accident who by no fault of his own.

D. Michael Burke
D. Michael Burke
answered on Jul 3, 2023

You, or your friend, should contact a personal injury attorney in Point Pleasant. If you can't find one in Point Pleasant, try Huntington or Charleston. Once you find an attorney who can help your friend, the attorney can analyze and evaluate your friend's case. I am curious, when was... View More

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1 Answer | Asked in Real Estate Law for West Virginia on
Q: How do I file charges against a Land Surveyor for Malpractice, Negligence, Felonies Tort, and other charges?

I was intentionally attached to a property dispute by a local surveyor, who at this time is under investigation by the WV Board  of Professional Surveyors, for not only the perjury I have shown said surveyor committed with his Affidavit used in the property dispute,  but also, the surveyor was... View More

Anthony M. Avery
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answered on Jun 28, 2023

You will need to hire a WV attorney to prepare and file suit against the surveyor. The SOL against surveyors can be short, so call today. Your personal injury torts probably have no place here. Hopefully you have provable damages, and you will need another surveyor to testify to the... View More

1 Answer | Asked in Appeals / Appellate Law for West Virginia on
Q: In wv, what happens if you win an appeal twice in the same case? Will the supreme court remand the case a second time?

This is an abuse and neglect case. My rights were terminated, on appeal, the wv supreme court vacated the termination and remanded the case. Now the circuit court is making the same reversible error the sc remanded the case for. Will they remand it again with the same opinion? I'm worried my... View More

Charles William Michaels
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Charles William Michaels
answered on Jun 16, 2023

The trial court and the prosecutor are bound by the appellate court's opinion and order. If the trial court acts in a way that shows non-compliance with that order, the trial court risks censure.

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