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West Virginia Criminal Law Questions & Answers
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

entitled?

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
D. Michael Burke
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.... View 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

court?

D. Michael Burke
D. Michael Burke
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... View 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... View 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.

1 Answer | Asked in Criminal Law for West Virginia on
Q: If arrested then charges are dismissed, can I be to be reimbursed for property lost as a direct result of incarceration?
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 11, 2015

Probably not, but you should have a full discussion with a local attorney about this.

1 Answer | Asked in Criminal Law for West Virginia on
Q: Can you sue court and individual for false statement to police,imprisonment and for the court having knowledge of it.

My husband were arrested for grand larceny because a man said he owned the property they were junking out an old truck that was in the river. My husband was told by family that it was owned by a recently deceased freind of his. They plead to petit larcany but we now believe that the man who said it... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 4, 2015

You cannot sue the court. You cannot sue the person either, because the defendant plead to the charge.

1 Answer | Asked in Criminal Law for West Virginia on
Q: I am 17 dating a 22 year old in West Virginia. Is this illegal?

We have been dating for ten months. We are sexually active(16 is age of consent). My father is trying to put the 22 year old in jail. My mom knew about the relationship the whole time, but now that my father knows, she acts as if she had no clue just so he doesn't leave her; I understand where... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 5, 2015

Exactly what help do you expect in an online internet forum? Help comes when you actually go to see an attorney in West Virginia who practices criminal defense. The age of consent in your state is 16. You are above the age of consent.

1 Answer | Asked in Criminal Law for West Virginia on
Q: How long do the courts have in order to indict a case over for a jury trialin the state OK Oklahoma
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 27, 2015

You can look up the statutes and rules, perhaps right here on Justia.

1 Answer | Asked in Criminal Law for West Virginia on
Q: What is the punishment in Virginia for 2 felony charges. A dui and failedidn't to appear on any case for months.

She is marked fugitive file in two VA Counties. And in general court case is marked finialized. I couldn't find it in Circuit court. I know she still has a active warrant because they picked her up today.

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 17, 2015

Justia Legal Answers is a forum for consumers to get answers to basic legal questions. What she needs is much more than basic information. She needs to have an attorney in VA review all documentation regarding the case or cases and give an opinion based upon having done that and knowing exactly... View More

1 Answer | Asked in Criminal Law for West Virginia on
Q: What is the punishment in Virginia for 2 felony charges. A dui and failedidn't to appear on any case for months.

She is marked fugitive file in two VA Counties. And in general court case is marked finialized. I couldn't find it in Circuit court. I know she still has a active warrant because they picked her up today.

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 18, 2015

She needs a criminal defense attorney in VA. Get one for her to address these issues.

1 Answer | Asked in Criminal Law for West Virginia on
Q: What is the charge for felon possession of a firearm
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 19, 2015

Possession of a firearm by a convicted felon, usually. Look up the criminal statutes in your state.

1 Answer | Asked in Criminal Law for West Virginia on
Q: does a police chief in west Virginia have to go through the police academy?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 28, 2015

Probably. In order to be a police officer, one has to have training.Usually, in order to be a police chief, one has to be a police officer first. It's just common sense, but there might be exceptions.

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