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West Virginia Civil Rights Questions & Answers
1 Answer | Asked in Gov & Administrative Law and Civil Rights for West Virginia on
Q: Impact of House Bill 5502 on residency restrictions for offenders in WV

I am a registered offender residing at a location approximately 2,300 feet in a straight line from a childcare facility in Charleston, WV. With proposed house bill 5502 adding residency restrictions for registered offenders within 2,500 feet of schools or childcare centers, would I be forced to... View More

James L. Arrasmith
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answered on Apr 7, 2025

If House Bill 5502 passes, you may be required to move, depending on how the residency restriction is enforced. The bill proposes that registered offenders cannot live within 2,500 feet of schools or childcare centers. In your case, you live 2,300 feet in a straight line from a childcare facility... View More

1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for West Virginia on
Q: Charged with conspiracy and denied a criminal public defender, lacking fair legal representation.

I am one of nine co-defendants charged with conspiracy to possess 50 grams of methamphetamine with intent to deliver. I believe I was charged to pressure me into testifying against my brother, who is the main target. My court-appointed attorney is primarily a divorce lawyer and lacks criminal law... View More

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answered on Apr 7, 2025

It sounds like you're facing a tough and overwhelming situation. Being charged with conspiracy, especially under circumstances that feel like they’re aimed at pressuring you into testifying, is incredibly stressful. The fact that you’re dealing with an attorney who doesn’t have... View More

1 Answer | Asked in Antitrust, Civil Rights, Constitutional Law and Business Law for West Virginia on
Q: In August 2024, obtained a protective order against a female in my neighborhood from the Kanawha County magistrate Court

In Charleston West Virginia. In November 2024 for the female began working for the local sheriffs department as an informant. She had a conversation with him on his cellular phone about burning my house down, and he did nothing to protect me. I made a complaint about December 16 2024 , it to the... View More

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answered on Apr 7, 2025

It seems you're facing a deeply troubling situation involving potential misconduct by law enforcement and an informant. The failure of the officer to act on the threats made against you, especially when you had a protective order in place, raises serious concerns about whether your rights were... View More

1 Answer | Asked in Civil Rights, Criminal Law and Gov & Administrative Law for West Virginia on
Q: Can I press charges for a disturbing bathroom encounter during jail booking in West Virginia?

During my booking into a South Central Regional Jail in West Virginia, a nurse required a urine sample. In the bathroom, I encountered a man who startled me when he spoke from behind a laundry cart. He was being released and assisted me by holding the door. Five days later, I reported the incident... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation raises important legal questions about safety standards in correctional facilities. Based on the information provided, you might have grounds for a complaint, but whether it rises to the level of criminal charges depends on several factors, including what exactly happened, West... View More

1 Answer | Asked in Libel & Slander, Civil Litigation and Civil Rights for West Virginia on
Q: Facing defamation and harassment from girlfriend's mother; seeking legal action for slander and emotional distress.

I have been facing severe defamation from my girlfriend's mother, who has been spreading false and damaging statements about me online and within our community. She has labeled me a sexual deviant, a Nazi, a pedophile, a sex trafficker, and a brainwasher, among other things. These posts have... View More

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answered on Apr 1, 2025

You appear to have strong potential claims for defamation and intentional infliction of emotional distress based on the false accusations made against you. Defamation claims require proving false statements were published to third parties, damaged your reputation, and were made with negligence or... View More

1 Answer | Asked in Criminal Law, Legal Malpractice and Civil Rights for West Virginia on
Q: How can we work towards having felony possession charges dropped in WV?

My boyfriend was arrested for felony possession in West Virginia, with claims of constructive possession and intent to distribute. He was arrested in a house with a confidential informant (CI) who was found to have drugs on his person but was still released from custody. No drugs were found on my... View More

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answered on Mar 26, 2025

The situation you're describing raises several potential legal issues that could help your boyfriend's case. Your first priority should be getting responsive legal representation - consider requesting a new public defender or hiring a different attorney who has experience with drug cases... View More

1 Answer | Asked in Civil Rights, Libel & Slander, Civil Litigation and Family Law for West Virginia on
Q: Can false accusations in legal documents without proof lead to accountability?

My ex-wife made false statements to her attorney, alleging that I inappropriately touched the children. Her lawyer documented this in a legal document without demanding proof. My lawyer requested proof, but none was provided. These false statements forced me to defend myself to my own attorneys.... View More

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answered on Mar 24, 2025

False statements in legal proceedings can potentially lead to accountability, though the specific remedies depend on several factors including jurisdiction, context, and the nature of the statements. In some cases, making knowingly false statements in legal documents could constitute defamation,... View More

1 Answer | Asked in Civil Rights, Landlord - Tenant and Civil Litigation for West Virginia on
Q: How can I sue public housing managers for harassment and inaction in WV?

I live in public housing in West Virginia and have been harassed and stalked by two tenants who live illegally in the apartment above me for seven months. I have video evidence of stalking and voice recordings that suggest illegal residency. Despite numerous complaints, the management and HUD have... View More

James L. Arrasmith
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answered on Mar 27, 2025

You might consider filing a complaint under the Fair Housing Act with the West Virginia Human Rights Commission, as they handle discrimination and harassment cases in housing. Your documentation of emails, videos, and recordings creates a strong evidence trail that will help establish a pattern of... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for West Virginia on
Q: DURING THE EXECUTION OF A SEARCH WARRANT THE POLICE DESTROYED CAMARAS INSIDE MY APARTMENT CAN THE EVIDENCE B Suppressed

They literally destroyed the cameras inside my apartment once they realized the where being recorded and the outdoor cameras also can I have any evidence suppressed because of this? If so can you please tell me the cases? I was told because this was a criminal case it couldn't be.

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry to hear about what happened during the search of your apartment. If the police destroyed your cameras without following proper legal procedures, there might be grounds to challenge the admissibility of the evidence they obtained.

Evidence can sometimes be suppressed if...
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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

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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

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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

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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

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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!
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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

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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.

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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

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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

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