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West Virginia Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for West Virginia on
Q: Can I sue if cops showed up at my house while I'm sleep saying they have warrant but when I get to station I didn't

I was in bed they knocked on door.i answered they said they had a warrant for my arrest told me to turn around I was under arrest.i was in my underwear and they didn't let me put pants on took me to the sheriffs department and then later on they came in said that their was no warrant that I... View More

James L. Arrasmith
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answered on Oct 16, 2024

I'm really sorry you went through that experience. You may have grounds to take legal action for wrongful arrest and any resulting distress or loss. It's important to document everything that happened, including dates, times, and any witnesses like your neighbors or landlord.

You...
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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for West Virginia on
Q: Hello, Thank you in advance for helping. CPS took my kids because my husband was emotionally and physically abusing us.

He has since relinquished his rights to the kids.. They are forcing me to do the same for "failure to protect". I want to know, if I appeal the descion, will those allegations from the CPS come about in court? I was under serious duress and in and out of the hospital and therapy during... View More

James L. Arrasmith
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answered on Oct 12, 2024

I'm really sorry you're going through this difficult time. It's important to reach out to a qualified attorney or a legal aid organization for assistance with your situation. They can provide the support and guidance you need.

Q: Im a pro se plaintiif inWV. Im suing Logan County & four deputies that violated my rights. I need representation. Help!
James L. Arrasmith
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answered on Sep 30, 2024

Taking legal action on your own can be challenging, especially in a case involving civil rights violations and multiple defendants like county officials and law enforcement officers. It’s important to find a lawyer experienced in civil rights cases who can guide you through the complexities of... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Cannabis & Marijuana Law and Civil Rights for West Virginia on
Q: I was stopped at a traffic stop at 4AM. They stayed my license plate light was out. Fast forward they ended up searching

Nothing was found in the vehicle. I still ended up with two tickets after my rights were violated. It is also all on video.

James L. Arrasmith
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answered on Sep 7, 2024

It sounds like you went through a difficult experience at the traffic stop, especially if you feel your rights were violated. If the search was conducted without your consent or a valid reason, and you have video evidence to support this, you may have grounds to challenge the legality of the... View More

2 Answers | Asked in Real Estate Law, Admiralty / Maritime, Civil Rights and Land Use & Zoning for West Virginia on
Q: I live on a small island in the middle of the river in a tree house how do I obtain an address so I can get assistance 9

911 refuses to give an emergency address and gets aggressive when I ask ive been here 4 years now

Anthony M. Avery
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answered on Sep 5, 2024

Try bringing up to your County Commission.

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1 Answer | Asked in Family Law, Adoption and Civil Rights for West Virginia on
Q: Need lawyer who can get a court order for an older male for a delayed birth certificate. I have most records needed

I have most of the records needed except for one, and that is a place of birth. I have three records of his name dat of birth but only two for a place of birth. He was born in Williamson WV. I am in Tennessee and cannot go to West Virginia.So I need someone that can help over the phone

James L. Arrasmith
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answered on Aug 31, 2024

You may want to contact a lawyer who is experienced in handling cases involving delayed birth certificates. Many lawyers are willing to work with clients remotely, especially if you're unable to travel to West Virginia. They can guide you on how to gather any remaining necessary documents and... View More

1 Answer | Asked in Civil Rights and Constitutional Law for West Virginia on
Q: My constitutional rights was violated in 2018 by section 241 & 242 is it to late for justice

My constitutional rights was violated in 2018 by section 241 & 242 resulting in the civil death penalty & forever labeled as someone who solicited their child please help me understand or get justice so I can find my son. Thank you & God Bless

James L. Arrasmith
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answered on Aug 5, 2024

It sounds like you’re dealing with a very challenging situation, and it’s understandable to seek justice for what you believe to be a violation of your rights. Sections 241 and 242 of Title 18 of the U.S. Code address conspiracies against rights and deprivation of rights under color of law. If... 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, 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 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.

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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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

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?

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