West Virginia Q&A by Practice Area


Show More Practice Areas »

Lawyers, Answer Questions  & Get Points Log In

West Virginia Questions & Answers

1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Municipal Law for West Virginia on

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

Gary Kollin answered on Aug 18, 2019

already answered

1 Answer | Asked in Civil Rights for West Virginia on

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

Gary Kollin answered on Aug 18, 2019

I do not understand what you are asking,. Do you mean warrant?

1 Answer | Asked in Criminal Law, Real Estate Law, Animal / Dog Law and Civil Rights for West Virginia on

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

Gary Kollin answered on Aug 18, 2019

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

1 Answer | Asked in Contracts and Real Estate Law for West Virginia on

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 »

Bruce Alexander Minnick answered on Aug 16, 2019

The first step you take is to hire a lawyer to advise you before you screw up this deal for good.

1 Answer | Asked in Criminal Law for West Virginia on

Q: How can I find out when someone has an up coming court date?

Jonathan Maurice Kemp DOB 12/26/1994

Gary Kollin answered on Aug 9, 2019

Contact the clerk ‘s office

1 Answer | Asked in Car Accidents for West Virginia on

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 »

D. Michael Burke Esq answered on Aug 9, 2019

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 »

1 Answer | Asked in Contracts for West Virginia on

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

Bruce Alexander Minnick answered on Aug 5, 2019

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?

2 Answers | Asked in Immigration Law for West Virginia on

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 »

Kevin L Dixler answered on Jul 31, 2019

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 »

View More Answers

1 Answer | Asked in Criminal Law for West Virginia on

Q: Been accused of touching my granddaughter inappropriately the police wants me too take a lie detector should I or not

Gary Kollin answered on Jul 24, 2019

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.

1 Answer | Asked in Car Accidents for West Virginia on

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.

Peter N. Munsing answered on Jun 19, 2019

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 »

1 Answer | Asked in Contracts and Real Estate Law for West Virginia on

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 »

Bruce Alexander Minnick answered on Jun 6, 2019

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 »

1 Answer | Asked in Contracts for West Virginia on

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?

Bruce Alexander Minnick answered on Jun 5, 2019

She can get on a computer and ask these questions herself.

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for West Virginia on

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.

Thomas A. Grossman answered on May 24, 2019

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 »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for West Virginia on

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?

Peter N. Munsing answered on May 23, 2019

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.

2 Answers | Asked in Libel & Slander, Medical Malpractice and Personal Injury for West Virginia on

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 »

D. Michael Burke Esq answered on Mar 18, 2019

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 »

View More Answers

1 Answer | Asked in Bankruptcy for West Virginia on

Q: How hard is it to file chapter 7 bankruptcy without an attorney?

Timothy Denison answered on Feb 23, 2019

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.

1 Answer | Asked in Probate for West Virginia on

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 »

Jingzhan Wang answered on Dec 12, 2018

where is the house in question located?

1 Answer | Asked in Wrongful Death for West Virginia on

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.

D. Michael Burke Esq answered on Dec 11, 2018

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 »

1 Answer | Asked in Personal Injury and Animal / Dog Law for West Virginia on

Q: What is res ipsa loquitur and how would it relate to a personal injury dog bite case?

D. Michael Burke Esq answered on Nov 5, 2018

"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 »

1 Answer | Asked in Uncategorized for West Virginia on

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 »

Tim Akpinar answered on Oct 14, 2018

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 »

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.