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West Virginia Constitutional Law 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 Constitutional Law and Gov & Administrative Law for West Virginia on
Q: Is it conflict of interest and a violation of the Ethics act for a deputy who was off normal course of duty to work on

His own families investigation? His wife vehicle was broken into and he investigated and threatened people for answers and to make statements on recording, he towed vehicles and went in houses with no warrant . His coworker reports mentioned him In Their report of the investigation. He falsely... View More

James L. Arrasmith
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answered on Oct 28, 2024

Yes, what you’re describing appears to be a clear conflict of interest and likely violates the Ethics Act. When a deputy uses their position to investigate matters involving their own family, it compromises their objectivity and the integrity of their role. This misuse of authority can undermine... 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 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 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

James L. Arrasmith
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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 Criminal Law and Constitutional Law for West Virginia on
Q: if a defendant was directly indicted what procedure does the state have to do to direct indict?
James L. Arrasmith
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answered on Feb 24, 2024

In West Virginia, a direct indictment is a procedure where a case is brought directly to the grand jury for indictment without a preliminary hearing. This process allows the state to formally charge a defendant with a crime more quickly, bypassing the initial step of a magistrate court hearing. The... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for West Virginia on
Q: How long can you be held in jail after waiving your preliminary hearing without going to court or being sentenced?
James L. Arrasmith
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answered on Nov 12, 2023

In West Virginia, after waiving a preliminary hearing, the length of time you can be held in jail without going to court or being sentenced depends on several factors, including the nature of the charges and the court's schedule. Generally, the criminal procedure laws require that your case be... View More

1 Answer | Asked in Civil Rights and Constitutional Law for West Virginia on
Q: If someone buys me a car and I have text stating that they bought it for me and they call police and give me unlawful

Unlawful use of vehicle can I show proof that he gave me the car and also am I press charges on him for filing fake report? How can I get my car back? He made a false statement because I didn’t even have the car his friend took it and I have her on APuck

James L. Arrasmith
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answered on Oct 15, 2023

In a situation where someone has provided you with a car and there is evidence, such as text messages, confirming their intent to gift you the vehicle, you may have a strong case to demonstrate that you have legal ownership or at least lawful possession of the car. If the individual subsequently... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for West Virginia on
Q: My son was arrested by the wv state police when they stop him they handcuffed him then beat him,

Who can I contact, I feel this is both civil, and criminal

Peter N. Munsing
Peter N. Munsing
answered on Feb 25, 2021

Contact the West Virginia Civil Liberties Union. Ask for their "cooperating attorneys" for "police misconduct" cases.

https://www.acluwv.org/

2 Answers | Asked in Civil Rights, Collections and Constitutional Law for West Virginia on
Q: What happens if I don’t pay the emergency service fee
Gary Kollin
Gary Kollin
answered on Sep 6, 2019

You can have it reported to collections and you can be sued

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1 Answer | Asked in Civil Rights, Constitutional Law and Military Law for West Virginia on
Q: What are my 2nd Amendment rights with Article 128 GCM conviction AND an Honorable discharge? GCM was 2005.

I was convicted under Article 128 at General Court Martial. Sentence consisted of Rank reduction, forfeiture of pay and 90 days hard labor without confinement. After conviction, my enlistment was extended 297 days under 10 U.S.C. 12305 in order to deploy to Iraq for a second tour of duty. I... View More

Robert Donald Gifford II
Robert Donald Gifford II
answered on Jul 27, 2017

If you were taken to a General Courts-Martial (not a Special, Summary, or Article 15), then you have a felony conviction. That conviction will prevent you from ever possessing a firearm or ammunition. Possession of such is a federal (civilian) offense and a crime in all state jurisdictions.

1 Answer | Asked in Constitutional Law, Civil Rights and Personal Injury for West Virginia on
Q: Lawyer guilty of invasion of privacy?

Lawyer presented a video, in court obtained from her client ,in his home with out knowledge of wife being videoed with some nudity. Does the wife not have some right to privacy inher own home?

Peter N. Munsing
Peter N. Munsing
answered on Oct 4, 2016

Depends on the situation. But frequently surveillance videos are allowed that show other people. Talk to your lawyer if you had one there. The lawyer wouldn't be violating anything if the Court allowed it.

1 Answer | Asked in Constitutional Law for West Virginia on
Q: In the case of Youngblood v. West Va. what was the outcome? When Denver Youngblood went before the U.S. Supreme Court,

His conviction & sentencing was reversed & remanded for a new trial. So then what was the outcome in the end?

https://www.law.cornell.edu/supct/html/05-6997.ZPC.html

1 Answer | Asked in Constitutional Law for West Virginia on
Q: Is it possible for an individual or group to succeed from th united states

Succeed? Are you using the right word here? Did you mean secede?

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