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West Virginia Questions & Answers
1 Answer | Asked in Criminal Law for West Virginia on
Q: What should I have gotten for a simple possession charge
T. Augustus Claus
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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 Immigration Law for West Virginia on
Q: For the parents' section on form I-29, do I put my mom (deceased) or my step-mom?

since my bio mom has been deceased for over 20 years, I am confused if the spirt of the question is regarding my bio parents, or if I should put my (still alive & married to my dad) step-mom?

James L. Arrasmith
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answered on Nov 18, 2023

On Form I-29, the section asking for information about your parents is intended to gather details about your biological or legal parents. Since your biological mother is deceased, you should include her information in this section. It's important to provide accurate and truthful information... 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 Business Law and Consumer Law for West Virginia on
Q: Do I have to give money back when a person pays a deposit down on a car to hold? He paid cash.

It's been 3 months since the deposit but he was supposed give us money in 2 weeks after that and didn't.

James L. Arrasmith
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answered on Nov 9, 2023

When a person places a deposit on a car, the terms of that deposit should be outlined in a written agreement, including the conditions under which the deposit would be refunded or kept in the event of a cancellation. If there was an agreement that the remainder of the purchase price would be paid... 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?
T. Augustus Claus
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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 Real Estate Law, Divorce and Family Law for West Virginia on
Q: Divorced ‘09 ex’s lawyer wants my signature to take my name off deed to sell all mineral rights. A) will I owe taxes

B) if we agreed in divorce that he’d get the house (before any mineral rights existed) am I entitled to any money from the sale when I’m still on deed?

Anthony M. Avery
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answered on Oct 20, 2023

Probably not as the DV decree will revest all rights in that real property to one of the parties. You might be able to reopen the DV. Consult with at WV attorney who will need to look at the DV file, search the title, and examine WV marital property distribution, especially mineral rights. If... View More

1 Answer | Asked in Civil Rights and Constitutional Law for West Virginia on
Q: If someone buys me a car and I have text stating that they bought it for me and they call police and give me unlawful

Unlawful use of vehicle can I show proof that he gave me the car and also am I press charges on him for filing fake report? How can I get my car back? He made a false statement because I didn’t even have the car his friend took it and I have her on APuck

James L. Arrasmith
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answered on Oct 15, 2023

In a situation where someone has provided you with a car and there is evidence, such as text messages, confirming their intent to gift you the vehicle, you may have a strong case to demonstrate that you have legal ownership or at least lawful possession of the car. If the individual subsequently... View More

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 Employment Law for West Virginia on
Q: Can I be suspended from work by someone other than my supervisor and can that person be in my workspace during suspensio

I was suspended pending an investigation. I was told not to discuss it and not to go to my workplace. Can the people conducting the investigation go there? They could be destroying evidence that would prove they did wrong and are trying to blame me.

T. Augustus Claus
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answered on Oct 3, 2023

Typically, an employer's policy and procedures outline who has the authority to suspend an employee. If you're concerned about evidence being tampered with during an investigation, documenting your concerns in writing and possibly sending them to a neutral third party within the... View More

1 Answer | Asked in Civil Rights and Public Benefits for West Virginia on
Q: Can you be denied a USDA RD home repair loan because your family receives Social Security?
T. Augustus Claus
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answered on Sep 21, 2023

Receiving Social Security should not automatically disqualify you from a USDA Rural Development (RD) home repair loan. The eligibility for such a loan typically depends on various factors like income, credit history, and the ability to repay the loan. However, the guidelines may consider your total... View More

1 Answer | Asked in Employment Law and Civil Rights for West Virginia on
Q: I was fired today for Violating Drug and Alcohol Policy for taking a hit off a delta 8 vape pen which is LEGAL

Can I take action for being terminated for violating drug and alcohol policy for taking a hit off a delta 8 Vape which is LEGAL and not a controlled substance in West Virginia. I was not warned, was not drug tested, but was terminated

John Michael Frick
John Michael Frick
answered on Sep 18, 2023

Due to growing safety concerns, on June 8, 2023, Delta-8 became an illegal Schedule 1 controlled substance in West Virginia.

Putting that aside, an employer can fire you for violating its own drug and alcohol policy and is free to include Delta-8 in its policy regardless of whether it is...
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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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2 Answers | Asked in Immigration Law for West Virginia on
Q: Was born abroad due to my parents being in the military i lost my fs-240 in a move and my id is expired

Is there any way to get my id without a birth certificate or vice versa

Monica E Rottermann
Monica E Rottermann
answered on Jul 26, 2023

To get a replacement for your consular report for birth abroad, it looks like you do need a valid unexpired ID, you can read more about how to obtain the replacement here:... View More

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1 Answer | Asked in Estate Planning and Collections for West Virginia on
Q: I'm administrator for my mother's estate. A collection agency put in a claim against it but I cannot contact who I need.

When I call, they say I "have" to speak with Kathy, who is in charge of estate claims; no one else can help me. I've called many times, left messages on every one of those calls and never had a return call. I am going to try a certified letter, but have no idea if it will reach the... View More

Anthony M. Avery
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answered on Jul 18, 2023

Is the claim properly filed against the Estate? If not, or there other defenses, it is your duty to contest the claim in Court. Your objection can be served at the given address. If a legitimate claim, then pay it prior to asking to close the Estate, and get a receipt. Hire a WV attorney to... View More

3 Answers | Asked in Personal Injury, Products Liability, Car Accidents and Insurance Defense for West Virginia on
Q: I have a friend who needs help. He is handicap for life an none of it was his fault an he definitely needs compromised.

He was in a bad accident who by no fault of his own.

Tim Akpinar
Tim Akpinar
answered on Jul 7, 2023

I'm sorry for your friend's injuries - I hope they can make a healthy recovery with proper medical care. A West Virginia attorney could advise best about local resources. You've probably been searching online and may have already been in touch with local attorneys. In addition to... View More

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3 Answers | Asked in Personal Injury, Products Liability, Car Accidents and Insurance Defense for West Virginia on
Q: I have a friend who needs help. He is handicap for life an none of it was his fault an he definitely needs compromised.

He was in a bad accident who by no fault of his own.

D. Michael Burke
D. Michael Burke
answered on Jul 3, 2023

You, or your friend, should contact a personal injury attorney in Point Pleasant. If you can't find one in Point Pleasant, try Huntington or Charleston. Once you find an attorney who can help your friend, the attorney can analyze and evaluate your friend's case. I am curious, when was... View More

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1 Answer | Asked in Real Estate Law for West Virginia on
Q: How do I file charges against a Land Surveyor for Malpractice, Negligence, Felonies Tort, and other charges?

I was intentionally attached to a property dispute by a local surveyor, who at this time is under investigation by the WV Board  of Professional Surveyors, for not only the perjury I have shown said surveyor committed with his Affidavit used in the property dispute,  but also, the surveyor was... View More

Anthony M. Avery
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answered on Jun 28, 2023

You will need to hire a WV attorney to prepare and file suit against the surveyor. The SOL against surveyors can be short, so call today. Your personal injury torts probably have no place here. Hopefully you have provable damages, and you will need another surveyor to testify to the... View More

1 Answer | Asked in Car Accidents for West Virginia on
Q: Ok I was driving down the road at night I seen a tree and power pole falling in front of me and couldn't stop in time.

We all 3 were injured and my car is undrivable is the utility company responsible? It happened near Matewan WV. Thank you

Tim Akpinar
Tim Akpinar
answered on Jun 18, 2023

A West Virginia attorney could advise best, but your question remains open for two weeks. It's possible they could be, but an attorney would need to examine in closer detail, looking at the reason for the collapse of the pole, how fast you were going, road conditions, illumination of the... View More

1 Answer | Asked in Domestic Violence for West Virginia on
Q: was in West Virginia and got arrested for domestic battery. The police did not read me my rights. Will this help n court
Todd B. Kotler
Todd B. Kotler
answered on Jun 13, 2023

The issue is whether they questioned you after you were in custody. The reading of rights is sometimes called the Miranda Warning which was adapted from a famous U.S. Supreme Court case, Miranda v. Arizona. The failure to give the warning THEN question a suspect permits a defense lawyer to file... View More

2 Answers | Asked in Business Law and Health Care Law for West Virginia on
Q: Doctors office is trying to enforce a 3 strike policy with missing appointments

Doctors office is trying to enforce a 3 strike policy with missing appointments where you will not be allowed to speak treatment there. Just tried to reschedule my appointment because after driving around for 20 minutes in 3 different parking lots including a garage there were not spots a... View More

Matthew Stapleton
Matthew Stapleton
answered on May 23, 2023

Physicians have the right to end the Patient Physician relationship. The only time there me be a legal issue is for patient abandonment where a patient must prove that the physician ended the relationship at a critical stage in the patient’s treatment without good reason or sufficient notice to... View More

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