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West Virginia Civil Rights Questions & Answers
1 Answer | Asked in Civil Litigation and Civil Rights for West Virginia on
Q: Their is a homeless shelter in Beckley West Virginia that's called pine Haven's I want to suit them.

They keep the place dirty the heat is unbearable too

James L. Arrasmith
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answered on Jun 26, 2024

I understand you're unhappy with the conditions at the Pine Haven homeless shelter in Beckley, West Virginia. Before considering legal action, here are some steps you may want to consider:

1. Document the issues: Keep a detailed record of the problems you've observed, including...
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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

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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

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, Landlord - Tenant and Civil Litigation for West Virginia on
Q: How can I sue public housing managers for harassment and inaction in WV?

I live in public housing in West Virginia and have been harassed and stalked by two tenants who live illegally in the apartment above me for seven months. I have video evidence of stalking and voice recordings that suggest illegal residency. Despite numerous complaints, the management and HUD have... View More

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answered on Mar 27, 2025

You might consider filing a complaint under the Fair Housing Act with the West Virginia Human Rights Commission, as they handle discrimination and harassment cases in housing. Your documentation of emails, videos, and recordings creates a strong evidence trail that will help establish a pattern of... View More

1 Answer | Asked in Criminal Law, Legal Malpractice and Civil Rights for West Virginia on
Q: How can we work towards having felony possession charges dropped in WV?

My boyfriend was arrested for felony possession in West Virginia, with claims of constructive possession and intent to distribute. He was arrested in a house with a confidential informant (CI) who was found to have drugs on his person but was still released from custody. No drugs were found on my... View More

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answered on Mar 26, 2025

The situation you're describing raises several potential legal issues that could help your boyfriend's case. Your first priority should be getting responsive legal representation - consider requesting a new public defender or hiring a different attorney who has experience with drug cases... View More

1 Answer | Asked in Civil Rights, Libel & Slander, Civil Litigation and Family Law for West Virginia on
Q: Can false accusations in legal documents without proof lead to accountability?

My ex-wife made false statements to her attorney, alleging that I inappropriately touched the children. Her lawyer documented this in a legal document without demanding proof. My lawyer requested proof, but none was provided. These false statements forced me to defend myself to my own attorneys.... View More

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answered on Mar 24, 2025

False statements in legal proceedings can potentially lead to accountability, though the specific remedies depend on several factors including jurisdiction, context, and the nature of the statements. In some cases, making knowingly false statements in legal documents could constitute defamation,... View More

1 Answer | Asked in Civil Rights, Criminal Law and Gov & Administrative Law for West Virginia on
Q: Can I press charges for a disturbing bathroom encounter during jail booking in West Virginia?

During my booking into a South Central Regional Jail in West Virginia, a nurse required a urine sample. In the bathroom, I encountered a man who startled me when he spoke from behind a laundry cart. He was being released and assisted me by holding the door. Five days later, I reported the incident... View More

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answered on Mar 24, 2025

Your situation raises important legal questions about safety standards in correctional facilities. Based on the information provided, you might have grounds for a complaint, but whether it rises to the level of criminal charges depends on several factors, including what exactly happened, West... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for West Virginia on
Q: DURING THE EXECUTION OF A SEARCH WARRANT THE POLICE DESTROYED CAMARAS INSIDE MY APARTMENT CAN THE EVIDENCE B Suppressed

They literally destroyed the cameras inside my apartment once they realized the where being recorded and the outdoor cameras also can I have any evidence suppressed because of this? If so can you please tell me the cases? I was told because this was a criminal case it couldn't be.

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry to hear about what happened during the search of your apartment. If the police destroyed your cameras without following proper legal procedures, there might be grounds to challenge the admissibility of the evidence they obtained.

Evidence can sometimes be suppressed if...
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Q: I’m unable to find a lawyer in wv to help me with my ethics complaint . Legal aid Told me they do not do any cases again

Against the police not even civil rights or misconduct complaints. is there a certain practice I should look for when looking for an attorney to represent me? is there an attorney out of state I can help in this area?

James L. Arrasmith
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answered on Oct 31, 2024

You should look for an attorney with experience in civil rights, police misconduct, or administrative law. These areas of practice are relevant to ethics complaints against law enforcement. Check local bar association directories or online legal directories to find lawyers who handle similar cases.... View More

1 Answer | Asked in Civil Rights, Personal Injury and Gov & Administrative Law for West Virginia on
Q: I understand now it is a conflict of interest and a violation of the ethics act for a deputy to investigate the crime

That happened to him and his wife. Is it also the violation of Nepotism and private gain ?

Is this private gain using office equipment and supplies to do so and work on personal projects? Or Nepotism by the deputy and or agency by not being impartial to his immediate family member? And... View More

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answered on Oct 29, 2024

You’re right to see a conflict of interest when a deputy investigates a crime involving themselves and their spouse. This situation can compromise the fairness and objectivity needed in such investigations. It’s important for the integrity of the process that those involved remain unbiased.... View More

1 Answer | Asked in Civil Rights, Personal Injury and Gov & Administrative Law for West Virginia on
Q: It’s it violation of the ethics act in Kanawha County wv, if an officer purposely neglects a victim of violent crime whe

911 was called, and was hit upside the head with a baseball bat and knocked unconscious. When 911 arrived female deputy was to document &report victim injuries & take photos & resources. This deputy was neighbors with the offender and for over 10 years. She did not take any photos or... View More

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answered on Oct 29, 2024

Yes, the actions you described could potentially violate ethical standards for law enforcement in Kanawha County. If a deputy neglected her duty to document and report a violent crime, especially due to a personal relationship with the offender, it raises serious concerns about impartiality and... View More

1 Answer | Asked in Personal Injury, Civil Rights and Gov & Administrative Law for West Virginia on
Q: I need a lawyer or help from an advocate in filing Ethics Act and Misconduct Violations in kanawha county wv.? I am

Disabled and uneducated in the Law. I’m getting lost in the judicial system and I believe purposely while I’m being abused by deputy’s and they let criminals violent abuse me even with a protective order , abused by deputy family member , charged w crime bc I reported this happening to me and... View More

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answered on Oct 29, 2024

I'm really sorry you're going through this. In Kanawha County, you can reach out to the West Virginia Legal Aid for assistance with your case. They provide free legal services to those who qualify and can help guide you through the process.

Another option is to contact the Kanawha...
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