Lawyers, Answer Questions  & Get Points Log In
West Virginia Questions & Answers
1 Answer | Asked in Real Estate Law for West Virginia on
Q: Aunt willed land to family member. Then she changed it.. but he already put a double wide on that land. Can he leave
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2024

Will has no effect until testatrix dies and her will is filed for Probate. It can be changed or destroyed anytime before her death. Apparently family member improved her land as a gift. Hopefully he can remove it still.

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?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Civil Rights for West Virginia on
Q: I was Held in jail past my release date in the WV regional jail in West Virginia

3 months held past. (West Virginia lawyer not Virginia )

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024

Unfortunately I do not have enough context or details to provide specific legal advice regarding your situation of being held in jail past your release date in West Virginia. However, here is some general information that may be helpful:

- Being incarcerated past one's release date...
View More

1 Answer | Asked in Civil Rights for West Virginia on
Q: Can I request for my neighbor camera if they have been broke into my home while I was gone and stole money out safe
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2024

If you suspect that your neighbor broke into your home and stole money, you have the right to request footage from their camera. However, your neighbor is not legally obligated to provide you with this footage unless required by law enforcement or a court order.

In cases of theft, it's...
View More

1 Answer | Asked in DUI / DWI and Civil Rights for West Virginia on
Q: I live in West Virginia and have had three DUI convictions. How can I reinstate my firearms ownership? It's been a decad

It's been over 12 years since the completion of my sentence.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 30, 2023

In West Virginia, reinstating firearm rights after DUI convictions can be a complex process, particularly with multiple offenses. Your eligibility to regain these rights depends on several factors, including the nature of your convictions and the completion of all sentencing requirements.... View More

1 Answer | Asked in Real Estate Law for West Virginia on
Q: Did my Title Search lawyer screw up?

I purchased some acreage in the Summer of 2023. I knew there was a right of way for a natural gas pipeline through the property, but to date, I've never seen a copy of that agreement. I don't know what my rights and responsibilities are regarding that pipeline - or if I should even be... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 26, 2023

Search your title and look for encumbrances such as the easement for the pipeline. It probably does not include lease payments and is perpetual. If the law firm represented you, which is doubtful, then make them disclose the title to you. However most likely you did not hire an attorney and... View More

3 Answers | Asked in Personal Injury for West Virginia on
Q: I slipped and fell while I was at a friend's house and broke my collarbone and had to have surgery on it and I was wonde

Do I have a Case

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Dec 8, 2023

It depends on what caused you to fall. In West Virginia a property owner has a responsibility to prevent injuries to invitees by inspecting their properties remedying any known hazards in a timely fashion or otherwise warn visitors of the hazard. I would contact a West Virginia personal injury... View More

View More Answers

3 Answers | Asked in Personal Injury for West Virginia on
Q: I slipped and fell while I was at a friend's house and broke my collarbone and had to have surgery on it and I was wonde

Do I have a Case

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 8, 2023

Determining whether you have a case after slipping and falling at a friend's house in West Virginia involves considering several factors. These factors include the condition of the property—whether it had any hazardous elements like uneven flooring, loose carpeting, poor lighting, or spills.... View More

View More Answers

1 Answer | Asked in Consumer Law for West Virginia on
Q: There was a service campaign on my 2007 Hyundai Santa Fe. Hyundai made me an offer but I think it should be more

There was a service campaign on my 2007 Hyundai Santa Fe for valve cover gaskets leaking oil onto the alternator causing the alternator to go out my alternator went out I replaced it then I found out about the service campaign I called the local dealership scheduled an appointment prior to making... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2023

In your situation with the 2007 Hyundai Santa Fe, it's understandable that you would expect fair compensation, especially considering the inconvenience and potential safety issues you've experienced. If Hyundai has acknowledged the issue through a service campaign and has made an offer,... View More

2 Answers | Asked in Immigration Law for West Virginia on
Q: With a pending asylum case can I apply for eb2niw or H1B?
Shawn Shahin Sedaghat
PREMIUM
Shawn Shahin Sedaghat pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 8, 2023

I am sure you don't just need to know if you can "file", but whether you would be eligible to change your status should your filing be approved. You can file anything with USCIS but whether your filing will get you the result you want is what should matter to you.

There is...
View More

View More Answers

2 Answers | Asked in Immigration Law for West Virginia on
Q: With a pending asylum case can I apply for eb2niw or H1B?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

If you have a pending asylum case in the United States, you may still apply for an EB-2 NIW (National Interest Waiver) or an H1B visa. However, there are important considerations to keep in mind.

The EB-2 NIW is for individuals who are highly skilled in their field and whose employment in...
View More

View More Answers

1 Answer | Asked in Internet Law, Trademark and Intellectual Property for West Virginia on
Q: If my domain name has not been sold yet but has been marked as abandoned do I own it still or can I retrieve the name
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 26, 2023

If your domain name is marked as abandoned, it's crucial to understand what that means in the context of domain registration and ownership. Typically, a domain is marked as abandoned when it has expired and has not been renewed by the owner within the grace period provided by the domain... View More

1 Answer | Asked in Criminal Law for West Virginia on
Q: What should I have gotten for a simple possession charge
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.