West Virginia Q&A by Practice Area
West Virginia Questions & Answers
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
already answered
Q: Does the 4 amendment give me the right to say good by to my dead 22year old son in a private room without being interupt
By police without a weren't they burst in demanded his cell phone when we hesitated he arested everyone in the room and took us to jail
I do not understand what you are asking,. Do you mean warrant?
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
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
Q: How does a cash sale work on a for sale by owner home, selling AS IS?
I own a home in WV outright. I have it listed AS IS for sale by owner online and someone gave me a cash offer. I inherited the home and I have never bought or sold a house so I'm not sure how this works. What steps do I need to take to go through with the sale and how do I protect myself legally... Read more »
The first step you take is to hire a lawyer to advise you before you screw up this deal for good.
Q: How can I find out when someone has an up coming court date?
Jonathan Maurice Kemp DOB 12/26/1994
Contact the clerk ‘s office
Q: How long do you have to file a claim against someone
Neighbor across the road let a young boy operate an ATV side by side when he parked it in their driveway did not set break ATV rolled out of driveway which is sloped came down road slammed into my car uninsured would not cover because it was in my driveway I have dealt as a good neighbor thinking... Read more »
You have two years from the date of the wreck to file a suit in court.
I cannot tell from your message if two years have passed or not; you wrote "a little of two years has not can i still file . . ."
I would check your auto insurance policy to see what it says about your car being... Read more »
Q: If you sign your car title but include a bill of sale that states they are to make payments with a witness signature.
If they fail to do so can I use my copy of bill of sale to get my car back if they did not pay according to our agreement via text, bill of sale, and verbally
No. The car is gone. Why? Because the title to the car now proves the car belongs to the person you think you sold it to; the signed promissory note merely will allow you to sue them for the money they owe. Why on earth did you give them a good title?
Q: If I marry someone from the UK then come back to the US for a year to finish my degree, what visas would we need to get?
He lives in the UK (Northern Ireland) now, the wedding would likely be there next summer. I’m from the US and would be halfway through my Masters program (only one year left until it’s finished). After I finish my degree we would move to the UK.
I’m trying to figure out what visa I... Read more »
That is best answered at an appointment with competent and experienced immigration attorneys. There are two sets of laws, one U.K. immigration law and the other U.S. immigration law. Most nations require conditional/permanent resident/landed immigrant status before you can seek citizenship by... Read more »
Q: Been accused of touching my granddaughter inappropriately the police wants me too take a lie detector should I or not
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.
Q: I was coming around a curve and clipped mirrors with another vehicle on a one lane road with no yellow lines.
The cop didn’t write me a ticket at the scene and only my took my information down. Will I receive a ticket? The cop never said who was at fault.
No reason you should--or not. Follow the path of the ancient sage, Lei Lo
Seriously, if you get a citation, plead not guilty if you think you were on your side of the imaginary center line. Do not give a statement to the other person's insurance if they call. They'll sound all friendly but... Read more »
Q: I'm interested in selling, on installment payments, vacant land in West Virginia that I own outright.
I would prefer to use a Land Contract with installment payments specified and a forfieture clause defined. The land contract would not be recorded. Conveyance would only occur after all payments were made as defined in the contract. If the Buyer defaults on the contract due to non-payment, is a... Read more »
Unless West Virginia is way behind the times you should know that the use of unrecorded land contracts (a/k/a contracts for deed) for the sale of land owned free and clear are getting more and more rare--probably because the land buyers of today are becoming smarter and smarter. But hey: if you can... Read more »
Q: I live in West Virginia and have a title loan in Ohio. My fiance's name is on the title. I got a loan she didn't know
They told me they didn't require her to be there or sign anything. She called them and told them she didn't agree or know about it. Now they refuse to talk to her about the account. What can she do?
She can get on a computer and ask these questions herself.
Q: I bought a home 10/2018 cash, personal money. I put my g/f's name on title/deed with me. Can I have her taken off?
She has/had $0 income nor input into home.
Unfortunately putting your girlfriend's name on a deed is like giving her a half ownership interest in the property. I don't think you can get her off of the deed unless you buy her out. Hopefully you can work it out with her, but be sure that you have a written contract drawn up showing that she... Read more »
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?
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.
Q: I am trying to find a lawyer who will bring a malpractice case and a liable case against Sedgwick CMS
I was injured 7/3/1992. I am old WV Worker's Comp Law. I have permeant disability. Sedgwick CMS with held treatment for two years. I now have stage 4 spinal canal stenosis. In addition they had a independent doctor make a liabile statement that there was no reason I could not return to work. I have... Read more »
I do not believe that you can sue Sedgewick for anything. Your remedy was to appeal the decision in your Workers' Compensation claim. If you did not have an attorney in your Workers' Comp claim, you should have. He could have obtained a report from your doctor, and cross-examined the "independent"... Read more »
Q: How hard is it to file chapter 7 bankruptcy without an attorney?
Substantially difficult and very frustrating for everyone involved. While you are permitted to file pro se, it would be much smarter to find an attorney who can help you and who will accept payments toward the fee.
Q: Re; Probate in WV .. My Father passed leaving me Executor and only Benificiary. Problem getting access to house
Will reads; hereby give, devise and bequeath all the rest, residue, and remainder of my estate, real, personal and mixed, whersoever situate of which I may die, seized and posessed ... Problem is his wife of a few short years (who cheated on him) he lost all trust in her, but she won't leave the... Read more »
where is the house in question located?
Q: In a wrongful death case can my lawyer give some of my settlement to other people after i signed the release form
I signed release form that stated i am the sole beneficiary and i am to get 100% of the settlement.Now my lawyer is calling my husbands family and trying to give them some of the settlement.
I would need more information to give you a specific answer to your question. You are apparently the personal representative of what seems to be your late husband's estate. That does not mean that you are the sole recipient of the wrongful death recovery, even if your husband left a will naming you... Read more »
Q: What is res ipsa loquitur and how would it relate to a personal injury dog bite case?
"Res ipsa loquitur" is a Latin phrase that means "the thing speaks for itself," in other words, an act or injury that does not occur without negligence on some party's fault. An example would be a doctor's cutting off the wrong leg in an operation. Without negligence, the wrong leg is never cut... Read more »
Q: How would you recommend for an undergraduate student to get started on preparing for the LSAT. Thank you!
I am a Legal Studies student at Alderson Broaddus University. I am hoping to begin preparing for the LSAT as soon as possible. I am also still trying to pick a minor that would directly benefit me for law school later on. If there are any minor suggestions that you could provide that too would be... Read more »
Do some research on the respected companies offering review courses and find out which ones fit within your budget and schedule. Look into the quality and size of their test banks. You could learn techniques from good instructors, but preparation for the exam is largely a matter of doing lots of... Read more »
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