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West Virginia Civil Rights Questions & Answers
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.

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... Read 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... Read more »

2 Answers | Asked in Civil Rights, Collections and Constitutional Law for West Virginia on
Q: What happens if I don’t pay the emergency service fee
Gary Kollin
Gary Kollin answered on Sep 6, 2019

You can have it reported to collections and you can be sued

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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
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
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
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 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
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.

1 Answer | Asked in Civil Rights for West Virginia on
Q: My daughter aunt got her a car on a loan my daughter paid to get it legalized and down payment paid the monthly payments

She took the car from her for no good reason and my daughter wants all of her money back.

What can we do

Gary Kollin
Gary Kollin answered on Jul 23, 2018

This is not civil rights

1 Answer | Asked in Civil Rights, Constitutional Law and Military Law for West Virginia on
Q: What are my 2nd Amendment rights with Article 128 GCM conviction AND an Honorable discharge? GCM was 2005.

I was convicted under Article 128 at General Court Martial. Sentence consisted of Rank reduction, forfeiture of pay and 90 days hard labor without confinement. After conviction, my enlistment was extended 297 days under 10 U.S.C. 12305 in order to deploy to Iraq for a second tour of duty. I... Read more »

Robert Donald Gifford II
Robert Donald Gifford II answered on Jul 27, 2017

If you were taken to a General Courts-Martial (not a Special, Summary, or Article 15), then you have a felony conviction. That conviction will prevent you from ever possessing a firearm or ammunition. Possession of such is a federal (civilian) offense and a crime in all state jurisdictions.

Q: Hello , I am asking about the Virginia HB 2163, is it legal to take away someones right for a medication?

I am a patient that is being treated for opioid dependency. I am worried about this bill that may become law. I have a documented allergy on file to suboxone so I am treated with mono buprenorphine. This law would make it illegal for a doctor to write it to me. I didnt know what law practice area... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 18, 2017

You need to speak with the group that is lobbying against it. Who those are I wouldn't know. Look at newpaper articles on it--it will usually say "......however, Billie Joe McAlister, spokesperson for Not So Fast, a group of opiod treatment professionals said that......." With the... Read more »

1 Answer | Asked in Constitutional Law, Civil Rights and Personal Injury for West Virginia on
Q: Lawyer guilty of invasion of privacy?

Lawyer presented a video, in court obtained from her client ,in his home with out knowledge of wife being videoed with some nudity. Does the wife not have some right to privacy inher own home?

Peter N. Munsing
Peter N. Munsing answered on Oct 4, 2016

Depends on the situation. But frequently surveillance videos are allowed that show other people. Talk to your lawyer if you had one there. The lawyer wouldn't be violating anything if the Court allowed it.

1 Answer | Asked in Civil Rights for West Virginia on
Q: Were my rights violated

Lost job due to arrest

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 9, 2016

Usually an employer can fire you for most any reason, or no reason, since employment is at will. Exceptions apply if one was fired because you were in a protected class, as in you were fired because you were Muslim. Being arrested is not a protected class.

1 Answer | Asked in Civil Rights for West Virginia on
Q: So if im going through maryland to get to pa can i have my gun in the car?
Seth S. Gaskins
Seth S. Gaskins answered on Jul 6, 2015

If you are referring to licensed concealed carry reciprocity then the answer is no. Maryland does not have reciprocity with West Virginia; however, Pennsylvania does. If you are simply talking about transporting an unloaded and unconcealed weapon across state lines, you will need to consult the... Read more »

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