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West Virginia Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law and Domestic Violence for West Virginia on
Q: Am I allowed to defend myself if I get attacked in somebody else's home?

My future mother in law has threatened me, and I don't feel safe. If she attacks me in her own hoke can I defend myself

0 Answers | Asked in Criminal Law for West Virginia on
Q: My fiance was arrested fifteen years ago while intoxicated for breaking into a business.

While intoxicated he was questioned and then charged with grand larceny. After he made bail and went and seen public defender his grand larceny charge was dropped and changed to nighttime burglary. When he was sentenced he was given to 4 months incarcerated and 5years supervised probation.He served... Read more »

0 Answers | Asked in Criminal Law for West Virginia on
Q: Man borrowed ride to go to store and back 15 min. Trip 5 months later still no ride. Can anything be done?

Found out towing service has it and is wanting to charge me almost 3000 to get it out. Please tell me this isn't joyriding

0 Answers | Asked in Criminal Law for West Virginia on
Q: Which is better to plea, no contest or guilty
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... Read 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.... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Criminal Law for West Virginia on
Q: My dad passed away and had no will the case went through probate I have 2 brothers and was awarded 100% of the estate .

Am I in tilted to everything dad owned at his death. Cars trucks money in CDs at the bank life insurance.

Gary Kollin
Gary Kollin answered on Sep 13, 2019


Speak with the probate lawyer

1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Municipal Law for West Virginia on
Q: There was an arrest warrant completely filled out and signed by Magistrate and a search warrant with unfilled blanks

I was told that they had a warrant for my arrest never told me I was under a rest nor Read Me My Rights after they handcuffed me

Is it illegal arrests according to West Virginia law

Gary Kollin
Gary Kollin answered on Aug 18, 2019

already answered

1 Answer | Asked in Criminal Law, Real Estate Law, Animal / Dog Law and Civil Rights for West Virginia on
Q: officer brings a warrant for your arrest and does not tell you you're under arrestt or read you your rights is it legal

The search warrant had fun filled in blanks

Gary Kollin
Gary Kollin answered on Aug 18, 2019

Was it an arrest warrant or a search warrant? What does fun mean?

Unles a statement is being taken from you, then rights do not have to be read. Urban legend

1 Answer | Asked in Criminal Law for West Virginia on
Q: How can I find out when someone has an up coming court date?
Gary Kollin
Gary Kollin answered on Aug 9, 2019

Contact the clerk ‘s office

1 Answer | Asked in Criminal Law for West Virginia on
Q: Been accused of touching my granddaughter inappropriately the police wants me too take a lie detector should I or not
Gary Kollin
Gary Kollin answered on Jul 24, 2019

If the police believed you didn’t do it, they would not request a polygraph.

Stop playing with Fire and being penny wise and dollar foolish..

You NEED to retain counsel.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for West Virginia on
Q: i sustained multiple cruel and unusual punishments while in north central region jail in wv .may i sue for this?

pictures and grievances filed for an attorney to see. can someone help me?

Peter N. Munsing
Peter N. Munsing answered on May 23, 2019

Contact the WVa Civil Liberties Union, ask for names of "cooperating attorneys" who handle prison litigation. They usually give free consults and can tell you if you have a case.

1 Answer | Asked in Car Accidents and Criminal Law for West Virginia on
Q: Today in wv I was in a car accident...failure to maintain control, and 2nd offense driving on a suspended. Can I go to

JaiL when I go to plead before the magistrate?

D. Michael Burke Esq
D. Michael Burke Esq answered on Aug 23, 2018

Your question is out of my area of practice, but I believe that if you enter a not guilty plea, bail will be set. If you don't pay the bail, you will likely be held until you do make bail. If you plead guilty or are found guilty at trial, it's possible that you would be sentenced to jail.... Read more »

2 Answers | Asked in Personal Injury and Criminal Law for West Virginia on
Q: What makes something an intentional tort instead of a criminal act? Who decides what claims to go civil versus criminal


D. Michael Burke Esq
D. Michael Burke Esq answered on Nov 1, 2017

Most--if not all--intentional torts ARE criminal acts. Assaults, intentionally running a vehicle into another vehicle, stealing, fraud, and other intentional, wrongful acts are both crimes and torts. I am hard-pressed to think of an intentional tort that is not a crime, but whether the criminal... Read more »

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0 Answers | Asked in Criminal Law, Family Law and Child Custody for West Virginia on
Q: My sister took my daughter for a week and now refuses to give her back or answer my calls. Help me please.

I live in WV, she lives in OK and doesn't even have custody of her own kids. I am the only one my daughter has had her whole life. She is almost 3yrs old.

0 Answers | Asked in Criminal Law and Juvenile Law for West Virginia on
Q: Can a probation officer remove my daughter from my house, if I allow her to quit school? She is on it for truancy

She has a job, and is going to get her diploma online after she quits.

1 Answer | Asked in Medical Malpractice and Criminal Law for West Virginia on
Q: Can evidence gained through blackmail be used in court to prosecute the other person

My friend is a Dr. He had an affair with a patient who I believed targeted him because she has a history of sleeping with Dr's for pain meds while blackmailing them.

Peter N. Munsing
Peter N. Munsing answered on Sep 2, 2016

If it isn't the state that got it that way, don't see why not. The law only deals with admissabiltiy of evidence that the state gained through improper activities. If a burglar gets documents and turns them over to the government--let's say a hacker gets emails--those emails can be used as evidence.

1 Answer | Asked in Criminal Law for West Virginia on
Q: Why am I being charged w/ abuse/neglect of my infant son? He was taken from me when he was 3 days old.

I found out I was prego Feb 25th. I have doc documentation. I have been doing suboxone for 5 yrs. I began treatment Mar 16th. I never missed appts for the sub or baby doc. I participated in the Right From The Start, WIC, & the local pregnancy ctr programs. My son did have withdrawals from the... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Nov 13, 2015

Go have a full discussion with a juvenile dependency lawyer about all of this.

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