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West Virginia Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for West Virginia on
Q: Prosecution trying co-defendant first, common strategy?

I'm facing two counts of drug trafficking and have a co-defendant in the case. My lawyer said that the prosecution wants to try my co-defendant first to secure a conviction and prevent me from providing information that might help his case. Is it common for the prosecution to proceed this way,... View More

0 Answers | Asked in Criminal Law and Gov & Administrative Law for West Virginia on
Q: How long can someone be held without bond in WV for missed indictments?

My friend was arrested on February 13, 2025, in Putnam County, WV, for missing indictments from March 2023. The charges are counterfeiting, possession, and intent to utter, related to an incident from August 2022. He has no prior convictions related to these charges and has been in jail without... View More

0 Answers | Asked in Criminal Law and White Collar Crime for West Virginia on
Q: How long will I be detained without bond for missed indictments in WV?

I missed indictments in March 2023 and was just arrested a week ago, on February 13th, 2025, for those same indictments related to counterfeiting charges in West Virginia. The crime took place in August 2022. I am currently in jail without bond and have no prior similar charges. How long might I... View More

0 Answers | Asked in Criminal Law, Juvenile Law and Civil Rights for West Virginia on
Q: Minor caught with guns, pills. No rights read. Can case be beat?

I'm a minor and was caught with two guns and two different types of pills. The police didn't read me my rights or let me call my guardian, and their body cameras were off. They handcuffed me, took me to the station, and confiscated my phone without telling me my charges. I was reportedly... View More

0 Answers | Asked in Criminal Law and Federal Crimes for West Virginia on
Q: Can the feds use a C.I. After he blatantly broke the law in the videos they are trying to use as evidence?

I got charged with distribution of methamphetamines, my C.I. Got me on two videos. In the first video it is seen that the C.I. Takes the camera off, puts it down, walks away from the camera, then returns and puts the camera back on and then the buy is made. (We were in a public establishment.) In... 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.

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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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1 Answer | Asked in Criminal Law, Federal Crimes, Personal Injury and Antitrust for West Virginia on
Q: I have a Personal Safety Order against two people who are informants for local law enforcement. Due to this reason, they

Are never arrested for violations of the PSO. I have video evidence and 72 calls to 911 that are not getting responded too because the officers don’t want them to be arrested . Recently even with the video evidence they demanded I have before even calling 911 now they continue to put my life in... View More

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answered on Jan 6, 2025

I'm sorry you're experiencing this situation. It sounds like you may be dealing with potential police misconduct and violations of your personal safety order. This could involve civil rights violations, obstruction of justice, and possibly harassment or intimidation by law enforcement... View More

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 Criminal Law, Animal / Dog Law, Federal Crimes and Small Claims for West Virginia on
Q: Can I sue a humane society for selling me chronically sick cats after guaranteeing good health? One was euthanized.

I bought two cats on the verbal guarantee they were both healthy, with no prior or current issues, and were fully vaccinated. Just a short 24 hours later, one had to be euthanized and the other is infested with worms. The 4m old kitten was euthanized due to its respiratory distress and organ... View More

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answered on Sep 5, 2024

Yes, you may have grounds to sue the humane society for breach of contract or misrepresentation, given the verbal guarantee they provided about the cats' health. If you can prove that the society knew or should have known about the cats' health issues and failed to disclose them, you may... 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 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?

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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

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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

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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?
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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?
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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?
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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.

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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?

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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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