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West Virginia Legal Malpractice Questions & Answers
Q: Confusion about plea deal with more counts than indictment shows
In West Virginia, my case involved an indictment for burglary and grand larceny with two charges. A plea deal offered stated that counts 1 and 2 (burglary and grand larceny) would be dropped if I pled guilty to count 3. However, the paperwork shows only two charges were initially involved. I have... View More 
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James L. Arrasmith
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answered on Jun 10, 2025
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answered on Jun 10, 2025
You're right to be confused, because if your indictment only lists two charges—burglary and grand larceny—there shouldn't be a “count 3” unless a superseding indictment was filed or charges were amended later. Plea agreements must be based on clear, documented charges, and if... View More
Q: How to rectify false victim listing and false information by prosecutor?
I am listed as a victim in a case where it is not true, and the prosecutor has presented false information to the judge. There is supporting evidence, including the alleged victim's willingness to testify that they were not the victim. My current legal representation is not taking action to... View More
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James L. Arrasmith
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answered on May 14, 2025
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answered on May 14, 2025
I'm really sorry you're dealing with this—being misrepresented in a legal case is frustrating and harmful, especially when the truth is being ignored. If you're listed as a victim in error and the prosecutor is presenting false information, that's a serious problem that needs... View More
Q: Charged with conspiracy and denied a criminal public defender, lacking fair legal representation.
I am one of nine co-defendants charged with conspiracy to possess 50 grams of methamphetamine with intent to deliver. I believe I was charged to pressure me into testifying against my brother, who is the main target. My court-appointed attorney is primarily a divorce lawyer and lacks criminal law... View More
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James L. Arrasmith
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answered on Apr 7, 2025
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answered on Apr 7, 2025
It sounds like you're facing a tough and overwhelming situation. Being charged with conspiracy, especially under circumstances that feel like they’re aimed at pressuring you into testifying, is incredibly stressful. The fact that you’re dealing with an attorney who doesn’t have... View More
Q: Seeking new legal representation for a slip and fall case in West Virginia; initial lawyer didn't collect evidence.
I experienced a slip and fall incident on July 27, 2024, at a location where the company's claims representative has contacted me twice for a statement. I have not provided a statement as I am seeking new legal representation. My initial lawyer, who took the case on a contingency basis, did... View More
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James L. Arrasmith
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answered on Apr 13, 2025
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answered on Apr 13, 2025
First, it’s important to find a new attorney who is experienced in personal injury and slip and fall cases. You have the right to switch legal representation, especially if your initial lawyer failed to gather important evidence for your case. When meeting with a new lawyer, be sure to provide... View More
Q: How can we work towards having felony possession charges dropped in WV?
My boyfriend was arrested for felony possession in West Virginia, with claims of constructive possession and intent to distribute. He was arrested in a house with a confidential informant (CI) who was found to have drugs on his person but was still released from custody. No drugs were found on my... View More
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James L. Arrasmith
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answered on Mar 26, 2025
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answered on Mar 26, 2025
The situation you're describing raises several potential legal issues that could help your boyfriend's case. Your first priority should be getting responsive legal representation - consider requesting a new public defender or hiring a different attorney who has experience with drug cases... View More
Q: How to sue my attorney for the money that should have been awarded if they would have properly handled my case
It was against an employee at Walmart and they have not allowed me to make decisions, kept me up to date with rulings, returned any of my phone calls or emails
Joel Gary Selik
answered on Apr 2, 2024
answered on Apr 2, 2024
To sue for malpractice, it is recommended that you consult with Legal malpractice attorneys. You may search on this website for Attorneys
Note, in order to approve Malpractice, you must prove that the attorneys violated standard care, and that, but for the attorneys Malpractice, you would... View More
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Q: Is it legal for a attorney to rewrite and record deeds changing the description in the process of doing a deed of trust?
Recorded Deed of survey that I purchased and declared erroneous. Atty represented a bank that was in process of refinancing my home. I live in wood county Wv.
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James L. Arrasmith
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answered on Mar 4, 2024
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answered on Mar 4, 2024
In the legal process of refinancing a home or handling real estate transactions, attorneys and banks often work with existing property deeds, which may include amending or rewriting them for accuracy or to reflect changes in the property's status. However, any changes to the description of the... View More
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