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West Virginia Civil Rights Questions & Answers
2 Answers | Asked in Civil Rights, Legal Malpractice and Sexual Harassment for West Virginia on
Q: How to sue my attorney for the money that should have been awarded if they would have properly handled my case

It was against an employee at Walmart and they have not allowed me to make decisions, kept me up to date with rulings, returned any of my phone calls or emails

Joel Gary Selik
Joel Gary Selik
answered on Apr 2, 2024

To sue for malpractice, it is recommended that you consult with Legal malpractice attorneys. You may search on this website for Attorneys

Note, in order to approve Malpractice, you must prove that the attorneys violated standard care, and that, but for the attorneys Malpractice, you would...
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2 Answers | Asked in Civil Rights, Legal Malpractice and Sexual Harassment for West Virginia on
Q: How to sue my attorney for the money that should have been awarded if they would have properly handled my case

It was against an employee at Walmart and they have not allowed me to make decisions, kept me up to date with rulings, returned any of my phone calls or emails

James L. Arrasmith
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answered on Apr 3, 2024

I understand your frustration with how your attorney has handled your case against a Walmart employee. However, suing your attorney can be a complex process. Here are some steps you can consider:

1. Gather evidence: Collect all relevant documents, correspondence, and records related to your...
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1 Answer | Asked in Civil Rights for West Virginia on
Q: Hi, Can I take legal action against a religious organization for refusing membership based on ableism?

I revent filled out application to join Unity Worldwide Ministries. The unity church in Charleston, WV denied my application based on fact I cannot physically attend church services every week.

James L. Arrasmith
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answered on Mar 27, 2024

You may have grounds for legal action if a religious organization has refused membership based on disability, as this could be considered discrimination. In the United States, the Americans with Disabilities Act (ADA) and other civil rights laws protect individuals from discrimination based on... View More

1 Answer | Asked in Civil Rights, Civil Litigation and Constitutional Law for West Virginia on
Q: How do I sue Logan, Co., WV Sheriff’s deputies for constitutional rights violations? Seeking undetermined relief.

Trespassed from Kroger Grocery. Deputy solicited trespass. Gave name but no ID. Was arrested, twice within 24 hours for the same.

James L. Arrasmith
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answered on Mar 6, 2024

To pursue a lawsuit against deputies in Logan County, WV, for constitutional rights violations, your first step should be to consult with an attorney experienced in civil rights law. They can evaluate the specifics of your case, including the events leading to your arrest and the alleged rights... View More

1 Answer | Asked in Real Estate Law, Civil Rights, Legal Malpractice and White Collar Crime for West Virginia on
Q: Is it legal for a attorney to rewrite and record deeds changing the description in the process of doing a deed of trust?

Recorded Deed of survey that I purchased and declared erroneous. Atty represented a bank that was in process of refinancing my home. I live in wood county Wv.

James L. Arrasmith
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answered on Mar 4, 2024

In the legal process of refinancing a home or handling real estate transactions, attorneys and banks often work with existing property deeds, which may include amending or rewriting them for accuracy or to reflect changes in the property's status. However, any changes to the description of the... 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
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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...
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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
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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...
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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
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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 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 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 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 and Civil Rights for West Virginia on
Q: I was issued a citation on 4-7 & I had till 4-19, on 4-15 @ 3am police came to my home to arrest me for same offence,

They said they have a warrant and that I ran, which I didn't. Is that legal? I called the court as instructed to take care of the citation and was told it wasn't turned in yet which wasn't uncommon&to call back in a day or two. I left a message with the issuing officers voicemail, what do I do?

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information you've provided, it seems there may have been a misunderstanding or miscommunication between the police department and the court system. Here are a few steps you can take to address this situation:

1. Document the details: Write down the dates, times, and names...
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1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Personal Injury for West Virginia on
Q: How do you obtain help when the sheriff leaves the victim out of violent crimes,like I’m not even a human being..

I am disabled and need relief from the abuse of the KCSD, I don’t need monetary anything , I need help ,my house is not safe for me I need a safe place to go, victim resources that do more than just refer you to another number and another number . I need help with obtaining an advocate working... View More

James L. Arrasmith
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answered on Apr 15, 2024

I'm so sorry you're going through this incredibly difficult and traumatic situation. It's completely unacceptable for law enforcement to fail to protect victims of violent crime. You deserve to feel safe and supported. Here are some suggestions for getting help outside of the... View More

1 Answer | Asked in Civil Rights, Federal Crimes and Gov & Administrative Law for West Virginia on
Q: who can help me when i am suffering violent crimes since 2020 the sheriff wont let me report when i try i get a charge

jan 5 2020 - hit unconscious with a baseball bat - med help sent away. man only chargfed w obstruction no mention of me or my 911 calls

aug 5 2020 hit in back of the head 12 times

falsely arrested me , 40 years of felonly no criminal record cased was disposed

falsely... View More

James L. Arrasmith
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answered on Apr 11, 2024

Please don't give up. Keep reaching out until you get the help and protection you need. Document everything that has happened with as much detail as you can. Your safety is the top priority. I hope you're able to connect with caring people and organizations who will support you through... View More

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Domestic Violence for West Virginia on
Q: I am disabled and living in kanawha county, West Virginia. What do I do if I’m being abused by the police? Who can help

I’ve been legally evicted three times and homeless for over a year and now I’m at risk again for homelessness due to the harassment and abuse of power from the local sheriffs department. I need an advocate I’m disabled to help me through the judicial system. I don’t know where to start. I... View More

James L. Arrasmith
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answered on Mar 12, 2024

I'm so sorry to hear about the abuse and harassment you've been facing from law enforcement, especially while dealing with domestic violence and homelessness. You have the right to safe and stable housing, and there are organizations that can help advocate for you. Here are some steps you... View More

1 Answer | Asked in Civil Rights and Collections for West Virginia on
Q: Hello, I received a Civil Complaint for a Judgment in the amount of $13,165.22 for a credit account.

I am not sure what I am suppose to do. Should I reach out to the person that filed it to see what we can do outside of court?

Joel Gary Selik
Joel Gary Selik
answered on Nov 1, 2023

You can contact the filer or the creditor to see if you can settle the case.

You must also file an appropriate legal document with the court. Consult with debt collection defense attorneys in the state where this occured.

2 Answers | Asked in Personal Injury, Civil Rights, Elder Law and Health Care Law for West Virginia on
Q: Can I ask for proof of documents of someones role of being appointed power of attorney?

How should someone go about asking for this or even a living will?

Tim Akpinar
Tim Akpinar
answered on Aug 1, 2022

A West Virginia attorney could advise best, but your question remains open for three weeks. As a general practice nationwide, in most instances it's simply a matter of asking to see them. I have not had experience with them in settings involving living wills, but in general litigation, I ask... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for West Virginia on
Q: My son was arrested by the wv state police when they stop him they handcuffed him then beat him,

Who can I contact, I feel this is both civil, and criminal

Peter N. Munsing
Peter N. Munsing
answered on Feb 25, 2021

Contact the West Virginia Civil Liberties Union. Ask for their "cooperating attorneys" for "police misconduct" cases.

https://www.acluwv.org/

1 Answer | Asked in Civil Rights, Construction Law and Products Liability for West Virginia on
Q: What to do when fire department destroys my bridge to my house, leaving me stranded

The fire department recently came to drain the fire hydrant at my house, while coming across my bridge it collapsed. There is no way for me to leave my house now as that was the only way. It’s going on the third day The fire department said they turned it into their insurance but I haven’t... View More

Tim Akpinar
Tim Akpinar
answered on Sep 26, 2020

A West Virginia attorney could advise best, but your question remains open for five weeks. Hopefully, you've resolved the matter by now. If not, ask them if they could offer the insurance carrier's information to see if the matter could be expedited. If it was a private bridge, you could... View More

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