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West Virginia Questions & Answers
0 Answers | Asked in Real Estate Law, Landlord - Tenant and Libel & Slander for West Virginia on
Q: What can I do to prove him wrong?

I moved into a new apartment about a month ago since moving in the guy upstairs calls or txt the landlord daily that I'm smoking in his said apartment. Yes I do smoke but I don't smoke in my house as my wife hates cigarettes. The landlord won't listen to me that I'm not smoking... Read more »

0 Answers | Asked in Child Custody, Family Law and Civil Rights for West Virginia on
Q: I am looking for legal advice to go back after West Virginia child protective services to regain custody of my kids?

I am looking for legal advice to go back after West Virginia child protective services to regain custody of my kids? I had a child protective services case open about 4l5 years ago. I feel I was wrongfully terminated of my parental rights, and my kids were robbed from me. Throughout the case, I do... Read more »

0 Answers | Asked in Divorce, Family Law and Child Custody for West Virginia on
Q: If we have an agreed parenting plan in one state and we both move out of state, does the parenting plan still stand?

Getting a divorce with shared custody in the state of West Virginia then both parents are relocating with child to Pennslyvania.

0 Answers | Asked in Civil Rights and Criminal Law for West Virginia on
Q: During a routine traffic stop.. are police officers allowed to go up to the passenger side first and begin asking the

Passenger questions before asking the driver? Shouldn’t the officer have went to the driver side first since the officer pulled the driver over for failure to stop at a stop sign, criminal charges were charged during this routine traffic stop, would this be grounds for dismissal? Is this a... Read more »

0 Answers | Asked in Criminal Law for West Virginia on
Q: In a traffic stop, is it legal for the police officer to come to the passenger side first and ask the passenger question

Before asking the driver or going to the drivers side. And then the “ routine traffic stop” turns into criminal charges being charged to driver and passenger

0 Answers | Asked in Real Estate Law and Landlord - Tenant for West Virginia on
Q: My landlord told us to write up our second lease. In it is the agreement to rent to own. Now she wants us out

We have paid in full the agreed amount. She agreed to lease she signed it

1 Answer | Asked in Real Estate Law and Tax Law for West Virginia on
Q: If a home sales (lived in more than 2 yrs), with proceeds <$100K, will I get taxed if I sit on the money buying a house

Will the proceeds get taxed capital gain if I take my time 1 to 2 years not buying another house. Proceeds of the home sales is less than $100K

Matthew J. Sherman
PREMIUM
Matthew J. Sherman PRO label
answered on Mar 23, 2023

If you meet certain conditions, you may exclude the first $250,000 of gain from the sale of your home from your income and avoid paying taxes on it. The exclusion is increased to $500,000 for a married couple filing jointly.

1) Your home sale must not have been property you acquired in a...
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0 Answers | Asked in Criminal Law for West Virginia on
Q: The cops told me I’m going to be indicted in June. Is there anything I can do to get the care dismissed before that

I was was on prescription adderall for eight years. After about seven years I started abusing it. I got on meth. I used for over year got clean. I came back home I went to cops and wanted to help get the drug problem under control. In the process of starting to talk to my old people to help I... Read more »

0 Answers | Asked in Divorce for West Virginia on
Q: divorced 2/14/2023, she left end October 2022 She packed some stuff and now claims it was broke or stolen can she sue?

Sons ex-wife is saying someone stole her stuff or broke it but she packed it and took some with her, what she didn't get pack my son packed and puton porch, he didn't break it he just wanted her gone, now she wants to take him to court and sue him, he has nothing, is not work6at the... Read more »

0 Answers | Asked in Civil Rights and Libel & Slander for West Virginia on
Q: Can I buy a billboard “If Fayette County WVSheriff’s Dept would’ve done their job in 2001 then my sister would be alive

Printing on a billboard “if FCSD would’ve done their job in 2001… then they wouldn’t have been murdered in 2022” they didn’t investigate my mother’s death. Same person killed my sister and brother in law.

0 Answers | Asked in Real Estate Law for West Virginia on
Q: I own property in WV. I have a mobile home on my property that I want it off my my land. How do I go about doing it?

My niece accurately lives in it with her husband, 2 yr old and soon be having another baby. The mobile home is in her brother name but he gave the them a 30 day eviction notice. But i want the mobile off my property if he's kicking them out.

0 Answers | Asked in Criminal Law for West Virginia on
Q: Can one get restitution for their car stolen taken to a car crusher without proof of ownership and paid theif to take it

An individual in broad daylight had made arrangements with a wrecker to come pick it up. That individual was paid $200 for a car that didn't even belong to them contents of the vehicle we're not removed but yet it was crushed by a local junkyard. The owner of the vehicle was told if... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for West Virginia on
Q: Can the fed. prosecutor use use charges previously dropped against me to determine sentencing guidelines?
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 19, 2023

In general, the Federal Sentencing Guidelines provide a framework for determining the appropriate sentence for a federal offense, based on the severity of the crime and the offender's criminal history. The guidelines take into account a variety of factors, including the offense level and the... Read more »

0 Answers | Asked in Criminal Law for West Virginia on
Q: I’m supposed to get arrested in June is there anything I can do to keep from getting arrested

I was was on prescription adderall for eight years. After about seven years I started abusing it. I got on meth. I used for over year got clean. I came back home I went to cops and wanted to help get the drug problem under control. In the process of starting to talk to my old people to help I... Read more »

0 Answers | Asked in Personal Injury and Products Liability for West Virginia on
Q: Can I sue a company if their commercial gave me migraines?

In 2016, a television commercial for a product flashed rapidly in my darkened bedroom. It was so awful that it gave me a tremendous headache in my temples. I've been having debilitating headaches in my temples, at least once a week, every week since that day in 2016. I had never had headaches... Read more »

0 Answers | Asked in Domestic Violence and Criminal Law for West Virginia on
Q: Ok this a decent long one so I am a victim in a domestic violence case and got back with my bf whom it’s against

Court granted us to live together in his recent bond modification they put him in three months to Jill and allowed me to take him to three months of rehab the prosecutor knows that I wish to drop the case but the state has picked it up. He told me to write out on a piece of paper that I no longer... Read more »

0 Answers | Asked in Contracts for West Virginia on
Q: Does the defending attorney have to ask for discovery in a lawsuit against a contractor or do you even need a discovery

This is a appeal. No discovery in magistrate court. I’ve sued a contractor that didn’t follow local laws and the wall his company built is over right of ways.

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for West Virginia on
Q: We have a case against Antero Resources filed at the West Virginia Supreme court of Appeals-12.5 net acreage Tyler Co WV

we filed it 9/2/2021, we are still waiting for an answer-they have held onto our case for 559 days Case no 21-0164 We filed an Injunction on 1/9/2023-no answer

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 15, 2023

Hire a competent WV attorney. Move for a default judgment for the relief you want. With real property it should be very precise. If the title is involved, a certified copy of the judgment should be recorded with land records.

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