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West Virginia Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law and Appeals / Appellate Law for West Virginia on
Q: Can I file for a reconsideration or release from Home Confinement on a 1-10 after 9months on HC and 3 months in jail?

I was sentenced to probation on a 1-10 and 12 months ran concurrent. Final probation violation was given to serve said sentence on Home Confinement while attending rehab. I am a month from completing rehab and have spent a total of 9 months on Home Confinement plus a little over 3 months in the... View More

0 Answers | Asked in Criminal Law and White Collar Crime for West Virginia on
Q: Have telephonic hearing for violating court order. Will go to jail or my wages be garnished? I'd rather the garnishment.

I owe a substantial amount of money in restitution. I recieved 30 days in jail, 3 years probation, and about $25-$30,000 restitution. I haven't paid the restitution in 10+ years. They sent me a letter to continue payment. I ignored it and now I recieved a notice of telephonic hearing for next... View More

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 Federal Crimes, Libel & Slander, Personal Injury and Criminal Law for West Virginia on
Q: i have proof beyond my word, of pattern of abuse began in 2020 from law enforcement, since it is a continual injury are

since the pattern is continued and since 2020, are the statute of limitations for this injury 2 years or doest the clock start ticking after the last act that happened in the pattern or the first act in the pattern ?

i have a long pattern very detailed evidence, video texts their own... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry to hear about the abuse and harassment you've been experiencing from law enforcement since 2020. That sounds incredibly difficult and traumatic to go through. No one should have to endure that kind of mistreatment, especially from those sworn to protect and serve.... View More

1 Answer | Asked in Business Law, Criminal Law and Federal Crimes for West Virginia on
Q: If ex business partner/GF stole thousands out of my personal account, sold all Fitness equipment I owned 25k worth new.

I was back in Kentucky visiting family but two days before reopened and she stole 5000 cleaning out my bank account after spending around $50,000. She then upon me finding out from the bank, she may have false DVO claim to keep me away a week later, when I wasn't even there. So she could... View More

James L. Arrasmith
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answered on Feb 25, 2024

If your ex-business partner and girlfriend has stolen funds from your personal account and sold your property without authorization, you may have grounds for legal action against her for theft and possibly other related crimes. The situation with the false Domestic Violence Order (DVO) and the sale... 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 Criminal Law for West Virginia on
Q: I’m a minor and was caught shoplifting $30 worth of stuff. I have a court date. What’s going to happen?
T. Augustus Claus
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answered on Feb 8, 2024

In West Virginia, if you're a minor caught shoplifting items valued at $30, the consequences will depend on several factors, including your previous criminal history, the specific circumstances of the offense, and the judge's discretion. For a first-time minor offense, the court may lean... View More

1 Answer | Asked in Criminal Law for West Virginia on
Q: What should I have gotten for a simple possession charge
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answered on Nov 21, 2023

In West Virginia, simple possession of a controlled substance is a misdemeanor that is punishable by a fine of not less than $100 nor more than $1,000 and by imprisonment of not more than six months. However, the specific penalties you may face will depend on the type of drug you were found in... 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 Criminal Law for West Virginia on
Q: If sentenced to 1-10 years with 6 months counted as time servied in WV how much time will they actually serve?
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answered on Oct 30, 2023

Offenders must typically serve at least 85% of their minimum sentence. This means that an offender sentenced to 1-10 years with six months served will likely be required to serve at least nine months in prison.

The offender may also be eligible for early release on parole. To be eligible...
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1 Answer | Asked in Criminal Law for West Virginia on
Q: What is WV common sentences for 3 felony charges?

Charge 1: Solicitation of a minor via computer.

Charge 2: displaying obscene material to a minor.

Charge 3: use of obscene matter with intent to solicit a minor.

T. Augustus Claus
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answered on Oct 11, 2023

1. Solicitation of a minor via computer: This can carry a potential sentence of 2 to 10 years in prison.

2. Displaying obscene material to a minor: Depending on the specific statute under which someone is charged, this can also lead to felony penalties.

3. Use of obscene matter with...
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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 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
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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... View More

1 Answer | Asked in Tax Law, Federal Crimes, Identity Theft, Criminal Law and Divorce for West Virginia on
Q: I’m currently in the middle of a divorce and I just found out my exwife filed her taxes married/joint and the preparer

She used plugged in my info from 2 years ago. When I found out and confronted her she started blaming the party that prepared her taxes. When I talked to them they said she came in with court papers and then they hung up on me. I’d like to know what my options are at this point. I’ve already... View More

James L. Arrasmith
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answered on Mar 19, 2023

If your ex-wife filed a joint tax return using your information without your knowledge or consent, this could potentially constitute identity theft and tax fraud. It is good that you have already taken steps to report the fraud to the Identity Fraud Department and the IRS.

You may also want...
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1 Answer | Asked in Criminal Law for West Virginia on
Q: I was released on my own Reconizance, but 1 year later I was forced to take a urine test, as part of being Bailed out

I refused the urine test, but I was informed that because I was out on BAIL that I had to take the urine test. I'm not even. up for any drug charges.

Matthew Stapleton
Matthew Stapleton
answered on Aug 11, 2022

This is sometimes allowed as a condition of your bond.

1 Answer | Asked in Criminal Law for West Virginia on
Q: I'm from Washington DC and have a warrant, how long do I have to turn myself in to custody?

The warrant is in West Virginia

Scott Scherr
Scott Scherr
answered on Mar 29, 2022

You should repost your question to West Virginia attorneys by listing the location as West Virginia.

1 Answer | Asked in Criminal Law for West Virginia on
Q: Can a person get out of jail via bondsman while facing Premeditated murder charges

If yes then how is that possible and how would they not consider them a threat to society if they have killed someone they could kill again

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 5, 2021

If the Judge has set a bond and the accused can make bond, then yes.

Q: My grandpa died and almost a year later his will was changed.

The will stated that if my dad dies everything goes to my step mom but my dad died before my grandpa so that doesnt make any sense and I was told by granpda when he passed the house was to be sold and split between grandkids but we are not mentioned at all in this will

Tim Akpinar
Tim Akpinar
answered on May 2, 2021

A West Virginia attorney could advise best here, but your post remains open for two weeks. I'm sorry for the loss of your grandfather. You could repost your question and add Probate and Estate Planning as categories, as you mention a will. There's no guarantee all posts are picked up, but... View More

1 Answer | Asked in Consumer Law, Criminal Law and Small Claims for West Virginia on
Q: Charged with 2 counts theft, 1 count larceny in WV by rent-to-own company. My 1st ever offence.

Had a WV state trooper stop by my house a few days ago telling me a rent to own company I leased items from are pressing 2 theft charges and I think a larceny charge on me for unreturned and non-paymnt of 3 items. He said he would speak with a magistrate judge and get back with my in few days.... View More

Tim Akpinar
Tim Akpinar
answered on Apr 30, 2020

Your post remains open for two weeks and your matter is something where time is of the essence. You need to consult with a criminal defense attorney - this is not a small claims matter or consumer law matter. If you have not already, contact criminal defense attorneys - or based on your financial... View More

Q: Is there a law against the compound tetrahydrocannabinol to make it illegal?

I would like to know if it would be illegal to obtain the compound THC, there are laws against weed, however THC is just one compound found in marijuana among many others in the plant. If you were to order online pure or extract THC from a different plant would this be legal? Example: LSD is... View More

Mark Ryan Thiessen
Mark Ryan Thiessen
answered on Jan 6, 2020

So West Virginia law is still governed by Federal US law. THC is still illegal, but some states have legalized CBD and most states can't test the difference between CBD and THC and the concentrations. Unless you are in a state that has legalized marijuana, then ordering THC online is still... View More

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