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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 
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?
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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
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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
It's been 3 months since the deposit but he was supposed give us money in 2 weeks after that and didn't.
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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
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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... View More
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?
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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
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
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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
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... View More
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.
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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
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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
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
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... View More
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... View More
Is there any way to get my id without a birth certificate or vice versa
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
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
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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
He was in a bad accident who by no fault of his own.
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
He was in a bad accident who by no fault of his own.
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
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
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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
We all 3 were injured and my car is undrivable is the utility company responsible? It happened near Matewan WV. Thank you
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
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
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
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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