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West Virginia Civil Rights Questions & Answers
Q: I’m unable to find a lawyer in wv to help me with my ethics complaint . Legal aid Told me they do not do any cases again

Against the police not even civil rights or misconduct complaints. is there a certain practice I should look for when looking for an attorney to represent me? is there an attorney out of state I can help in this area?

James L. Arrasmith
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answered on Oct 31, 2024

You should look for an attorney with experience in civil rights, police misconduct, or administrative law. These areas of practice are relevant to ethics complaints against law enforcement. Check local bar association directories or online legal directories to find lawyers who handle similar cases.... View More

1 Answer | Asked in Civil Rights, Personal Injury and Gov & Administrative Law for West Virginia on
Q: I understand now it is a conflict of interest and a violation of the ethics act for a deputy to investigate the crime

That happened to him and his wife. Is it also the violation of Nepotism and private gain ?

Is this private gain using office equipment and supplies to do so and work on personal projects? Or Nepotism by the deputy and or agency by not being impartial to his immediate family member? And... View More

James L. Arrasmith
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answered on Oct 29, 2024

You’re right to see a conflict of interest when a deputy investigates a crime involving themselves and their spouse. This situation can compromise the fairness and objectivity needed in such investigations. It’s important for the integrity of the process that those involved remain unbiased.... View More

1 Answer | Asked in Civil Rights, Personal Injury and Gov & Administrative Law for West Virginia on
Q: It’s it violation of the ethics act in Kanawha County wv, if an officer purposely neglects a victim of violent crime whe

911 was called, and was hit upside the head with a baseball bat and knocked unconscious. When 911 arrived female deputy was to document &report victim injuries & take photos & resources. This deputy was neighbors with the offender and for over 10 years. She did not take any photos or... View More

James L. Arrasmith
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answered on Oct 29, 2024

Yes, the actions you described could potentially violate ethical standards for law enforcement in Kanawha County. If a deputy neglected her duty to document and report a violent crime, especially due to a personal relationship with the offender, it raises serious concerns about impartiality and... View More

1 Answer | Asked in Personal Injury, Civil Rights and Gov & Administrative Law for West Virginia on
Q: I need a lawyer or help from an advocate in filing Ethics Act and Misconduct Violations in kanawha county wv.? I am

Disabled and uneducated in the Law. I’m getting lost in the judicial system and I believe purposely while I’m being abused by deputy’s and they let criminals violent abuse me even with a protective order , abused by deputy family member , charged w crime bc I reported this happening to me and... View More

James L. Arrasmith
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answered on Oct 29, 2024

I'm really sorry you're going through this. In Kanawha County, you can reach out to the West Virginia Legal Aid for assistance with your case. They provide free legal services to those who qualify and can help guide you through the process.

Another option is to contact the Kanawha...
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1 Answer | Asked in Criminal Law and Civil Rights for West Virginia on
Q: Can I sue if cops showed up at my house while I'm sleep saying they have warrant but when I get to station I didn't

I was in bed they knocked on door.i answered they said they had a warrant for my arrest told me to turn around I was under arrest.i was in my underwear and they didn't let me put pants on took me to the sheriffs department and then later on they came in said that their was no warrant that I... View More

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answered on Oct 16, 2024

I'm really sorry you went through that experience. You may have grounds to take legal action for wrongful arrest and any resulting distress or loss. It's important to document everything that happened, including dates, times, and any witnesses like your neighbors or landlord.

You...
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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for West Virginia on
Q: Hello, Thank you in advance for helping. CPS took my kids because my husband was emotionally and physically abusing us.

He has since relinquished his rights to the kids.. They are forcing me to do the same for "failure to protect". I want to know, if I appeal the descion, will those allegations from the CPS come about in court? I was under serious duress and in and out of the hospital and therapy during... View More

James L. Arrasmith
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answered on Oct 12, 2024

I'm really sorry you're going through this difficult time. It's important to reach out to a qualified attorney or a legal aid organization for assistance with your situation. They can provide the support and guidance you need.

Q: Im a pro se plaintiif inWV. Im suing Logan County & four deputies that violated my rights. I need representation. Help!
James L. Arrasmith
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answered on Sep 30, 2024

Taking legal action on your own can be challenging, especially in a case involving civil rights violations and multiple defendants like county officials and law enforcement officers. It’s important to find a lawyer experienced in civil rights cases who can guide you through the complexities of... View More

2 Answers | Asked in Real Estate Law, Admiralty / Maritime, Civil Rights and Land Use & Zoning for West Virginia on
Q: I live on a small island in the middle of the river in a tree house how do I obtain an address so I can get assistance 9

911 refuses to give an emergency address and gets aggressive when I ask ive been here 4 years now

Anthony M. Avery
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answered on Sep 5, 2024

Try bringing up to your County Commission.

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1 Answer | Asked in Family Law, Adoption and Civil Rights for West Virginia on
Q: Need lawyer who can get a court order for an older male for a delayed birth certificate. I have most records needed

I have most of the records needed except for one, and that is a place of birth. I have three records of his name dat of birth but only two for a place of birth. He was born in Williamson WV. I am in Tennessee and cannot go to West Virginia.So I need someone that can help over the phone

James L. Arrasmith
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answered on Aug 31, 2024

You may want to contact a lawyer who is experienced in handling cases involving delayed birth certificates. Many lawyers are willing to work with clients remotely, especially if you're unable to travel to West Virginia. They can guide you on how to gather any remaining necessary documents and... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Cannabis & Marijuana Law and Civil Rights for West Virginia on
Q: I was stopped at a traffic stop at 4AM. They stayed my license plate light was out. Fast forward they ended up searching

Nothing was found in the vehicle. I still ended up with two tickets after my rights were violated. It is also all on video.

James L. Arrasmith
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answered on Sep 7, 2024

It sounds like you went through a difficult experience at the traffic stop, especially if you feel your rights were violated. If the search was conducted without your consent or a valid reason, and you have video evidence to support this, you may have grounds to challenge the legality of the... View More

1 Answer | Asked in Civil Rights and Constitutional Law for West Virginia on
Q: My constitutional rights was violated in 2018 by section 241 & 242 is it to late for justice

My constitutional rights was violated in 2018 by section 241 & 242 resulting in the civil death penalty & forever labeled as someone who solicited their child please help me understand or get justice so I can find my son. Thank you & God Bless

James L. Arrasmith
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answered on Aug 5, 2024

It sounds like you’re dealing with a very challenging situation, and it’s understandable to seek justice for what you believe to be a violation of your rights. Sections 241 and 242 of Title 18 of the U.S. Code address conspiracies against rights and deprivation of rights under color of law. If... View More

1 Answer | Asked in Civil Litigation and Civil Rights for West Virginia on
Q: Their is a homeless shelter in Beckley West Virginia that's called pine Haven's I want to suit them.

They keep the place dirty the heat is unbearable too

James L. Arrasmith
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answered on Jun 26, 2024

I understand you're unhappy with the conditions at the Pine Haven homeless shelter in Beckley, West Virginia. Before considering legal action, here are some steps you may want to consider:

1. Document the issues: Keep a detailed record of the problems you've observed, including...
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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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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

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

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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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

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Domestic Violence for West Virginia on
Q: I am disabled and living in kanawha county, West Virginia. What do I do if I’m being abused by the police? Who can help

I’ve been legally evicted three times and homeless for over a year and now I’m at risk again for homelessness due to the harassment and abuse of power from the local sheriffs department. I need an advocate I’m disabled to help me through the judicial system. I don’t know where to start. I... View More

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answered on Mar 12, 2024

I'm so sorry to hear about the abuse and harassment you've been facing from law enforcement, especially while dealing with domestic violence and homelessness. You have the right to safe and stable housing, and there are organizations that can help advocate for you. Here are some steps you... View More

1 Answer | Asked in Civil Rights, Civil Litigation and Constitutional Law for West Virginia on
Q: How do I sue Logan, Co., WV Sheriff’s deputies for constitutional rights violations? Seeking undetermined relief.

Trespassed from Kroger Grocery. Deputy solicited trespass. Gave name but no ID. Was arrested, twice within 24 hours for the same.

James L. Arrasmith
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answered on Mar 6, 2024

To pursue a lawsuit against deputies in Logan County, WV, for constitutional rights violations, your first step should be to consult with an attorney experienced in civil rights law. They can evaluate the specifics of your case, including the events leading to your arrest and the alleged rights... View More

1 Answer | Asked in Real Estate Law, Civil Rights, Legal Malpractice and White Collar Crime for West Virginia on
Q: Is it legal for a attorney to rewrite and record deeds changing the description in the process of doing a deed of trust?

Recorded Deed of survey that I purchased and declared erroneous. Atty represented a bank that was in process of refinancing my home. I live in wood county Wv.

James L. Arrasmith
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answered on Mar 4, 2024

In the legal process of refinancing a home or handling real estate transactions, attorneys and banks often work with existing property deeds, which may include amending or rewriting them for accuracy or to reflect changes in the property's status. However, any changes to the description of the... View More

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