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West Virginia Criminal Law Questions & Answers

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.

1 Answer | Asked in Car Accidents and Criminal Law for West Virginia on

Q: Today in wv I was in a car accident...failure to maintain control, and 2nd offense driving on a suspended. Can I go to

JaiL when I go to plead before the magistrate?

D. Michael Burke Esq answered on Aug 23, 2018

Your question is out of my area of practice, but I believe that if you enter a not guilty plea, bail will be set. If you don't pay the bail, you will likely be held until you do make bail. If you plead guilty or are found guilty at trial, it's possible that you would be sentenced to jail. You... Read more »

2 Answers | Asked in Personal Injury and Criminal Law for West Virginia on

Q: What makes something an intentional tort instead of a criminal act? Who decides what claims to go civil versus criminal

court?

D. Michael Burke Esq answered on Nov 1, 2017

Most--if not all--intentional torts ARE criminal acts. Assaults, intentionally running a vehicle into another vehicle, stealing, fraud, and other intentional, wrongful acts are both crimes and torts. I am hard-pressed to think of an intentional tort that is not a crime, but whether the criminal... Read more »

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1 Answer | Asked in Medical Malpractice and Criminal Law for West Virginia on

Q: Can evidence gained through blackmail be used in court to prosecute the other person

My friend is a Dr. He had an affair with a patient who I believed targeted him because she has a history of sleeping with Dr's for pain meds while blackmailing them.

Peter N. Munsing answered on Sep 2, 2016

If it isn't the state that got it that way, don't see why not. The law only deals with admissabiltiy of evidence that the state gained through improper activities. If a burglar gets documents and turns them over to the government--let's say a hacker gets emails--those emails can be used as evidence.

1 Answer | Asked in Criminal Law for West Virginia on

Q: Why am I being charged w/ abuse/neglect of my infant son? He was taken from me when he was 3 days old.

I found out I was prego Feb 25th. I have doc documentation. I have been doing suboxone for 5 yrs. I began treatment Mar 16th. I never missed appts for the sub or baby doc. I participated in the Right From The Start, WIC, & the local pregnancy ctr programs. My son did have withdrawals from the... Read more »

Robert Jason De Groot answered on Nov 13, 2015

Go have a full discussion with a juvenile dependency lawyer about all of this.

1 Answer | Asked in Criminal Law for West Virginia on

Q: If arrested then charges are dismissed, can I be to be reimbursed for property lost as a direct result of incarceration?

Robert Jason De Groot answered on Nov 11, 2015

Probably not, but you should have a full discussion with a local attorney about this.

1 Answer | Asked in Criminal Law for West Virginia on

Q: Can you sue court and individual for false statement to police,imprisonment and for the court having knowledge of it.

My husband were arrested for grand larceny because a man said he owned the property they were junking out an old truck that was in the river. My husband was told by family that it was owned by a recently deceased freind of his. They plead to petit larcany but we now believe that the man who said it... Read more »

Robert Jason De Groot answered on Nov 4, 2015

You cannot sue the court. You cannot sue the person either, because the defendant plead to the charge.

1 Answer | Asked in Criminal Law for West Virginia on

Q: what is the legal aid in West Virginia that a teenage girl can move in with a 22 year old man

my 17 year old daughter think she can move in with a 22 year old man

Robert Jason De Groot answered on Nov 1, 2015

Do an internet search for age of consent in West Virginia. http://www.legalmatch.com/law-library/article/west-virginia-age-of-consent-lawyers.html

1 Answer | Asked in Criminal Law for West Virginia on

Q: Can 2 felons get married while on probation

Robert Jason De Groot answered on Oct 29, 2015

No facts means we do not have enough information to respond. Perhaps is the only answer we can give without knowing more.

1 Answer | Asked in Criminal Law for West Virginia on

Q: In West Virginia at the age of 16 you can consent to sex. What if a 23 year old is with a 16 year old? Its nasty I know.

There is a female who Just turned 16 this past April and she is now messing with a 23 year old male. I have been looking up if anything could be done to protect this young female cause she does not know any better and can be persuaded to do a lot. Is there an age gap between the age of consent.

Robert Jason De Groot answered on Oct 28, 2015

What business is it of yours? If you have enough personal information about him having actually engaged in intercourse when she was below the age of consent, report it.

1 Answer | Asked in Criminal Law for West Virginia on

Q: Is it illegal for a 23 yr old to sleep with a 16 ur old in WV? I know 16 is the age of consent but this is just right.

The young 16 yr old female hasn't been 16 long and this may have been going on before she was 16. Plus this young female is easy to be persuaded in just about anything. Their are so many concerned neighbors about her. This just is not right and very disgusting.

Robert Jason De Groot answered on Oct 28, 2015

May have been? You need solid facts to report a crime, personal knowledge as in one or both of them admitting that a crime took place, or that they engaged in sexual intercourse when she was below the age of consent.

1 Answer | Asked in Criminal Law for West Virginia on

Q: A needle a spoon and a pipe found in vehicle. I was driving. Ticket for possession of controlled substance? Wtf

I was driving. Passengers didn't claim parapenellia. No drugs where found. How is that possession?

Robert Jason De Groot answered on Oct 26, 2015

One time the cop weighed the pipe along with the marijuana, it was charged as a felony possession when the actual amount of the weed was only a misdemeanor. Sometimes the police are not so smart. Get counsel on this case if you have not already done so.

1 Answer | Asked in Criminal Law for West Virginia on

Q: I am 17 dating a 22 year old in West Virginia. Is this illegal?

We have been dating for ten months. We are sexually active(16 is age of consent). My father is trying to put the 22 year old in jail. My mom knew about the relationship the whole time, but now that my father knows, she acts as if she had no clue just so he doesn't leave her; I understand where she... Read more »

Robert Jason De Groot answered on Oct 5, 2015

Exactly what help do you expect in an online internet forum? Help comes when you actually go to see an attorney in West Virginia who practices criminal defense. The age of consent in your state is 16. You are above the age of consent.

1 Answer | Asked in Criminal Law for West Virginia on

Q: How long do the courts have in order to indict a case over for a jury trialin the state OK Oklahoma

Robert Jason De Groot answered on Sep 27, 2015

You can look up the statutes and rules, perhaps right here on Justia.

1 Answer | Asked in Criminal Law for West Virginia on

Q: does a police chief in west Virginia have to go through the police academy?

Robert Jason De Groot answered on Aug 28, 2015

Probably. In order to be a police officer, one has to have training.Usually, in order to be a police chief, one has to be a police officer first. It's just common sense, but there might be exceptions.

1 Answer | Asked in Criminal Law for West Virginia on

Q: What is the charge for felon possession of a firearm

Robert Jason De Groot answered on Aug 19, 2015

Possession of a firearm by a convicted felon, usually. Look up the criminal statutes in your state.

1 Answer | Asked in Criminal Law for West Virginia on

Q: What is the punishment in Virginia for 2 felony charges. A dui and failedidn't to appear on any case for months.

She is marked fugitive file in two VA Counties. And in general court case is marked finialized. I couldn't find it in Circuit court. I know she still has a active warrant because they picked her up today.

Robert Jason De Groot answered on Aug 18, 2015

She needs a criminal defense attorney in VA. Get one for her to address these issues.

1 Answer | Asked in Criminal Law for West Virginia on

Q: What is the punishment in Virginia for 2 felony charges. A dui and failedidn't to appear on any case for months.

She is marked fugitive file in two VA Counties. And in general court case is marked finialized. I couldn't find it in Circuit court. I know she still has a active warrant because they picked her up today.

Robert Jason De Groot answered on Aug 17, 2015

Justia Legal Answers is a forum for consumers to get answers to basic legal questions. What she needs is much more than basic information. She needs to have an attorney in VA review all documentation regarding the case or cases and give an opinion based upon having done that and knowing exactly... Read more »

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