West Virginia Criminal Law Questions & Answers

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

1 Answer | Asked in Car Accidents and Criminal Law for West Virginia on
Answered on Aug 23, 2018
D. Michael Burke Esq's answer
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 should call a local attorney who handles criminal cases.

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

2 Answers | Asked in Personal Injury and Criminal Law for West Virginia on
Answered on Nov 1, 2017
D. Michael Burke Esq's answer
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 authorities wish to prosecute an intentional, wrongful act as a crime may depend on many factors, such as the evidence and proof of the crime. And don't forget the burden of proof: beyond a reasonable...

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

1 Answer | Asked in Medical Malpractice and Criminal Law for West Virginia on
Answered on Sep 2, 2016
Peter N. Munsing's answer
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.

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

1 Answer | Asked in Criminal Law for West Virginia on
Answered on Nov 13, 2015
Robert Jason De Groot's answer
Go have a full discussion with a juvenile dependency lawyer about all of this.

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

1 Answer | Asked in Criminal Law for West Virginia on
Answered on Nov 11, 2015
Robert Jason De Groot's answer
Probably not, but you should have a full discussion with a local attorney about this.

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

1 Answer | Asked in Criminal Law for West Virginia on
Answered on Nov 4, 2015
Robert Jason De Groot's answer
You cannot sue the court. You cannot sue the person either, because the defendant plead to the charge.

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

1 Answer | Asked in Criminal Law for West Virginia on
Answered on Nov 1, 2015
Robert Jason De Groot's answer
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

Q: Can 2 felons get married while on probation

1 Answer | Asked in Criminal Law for West Virginia on
Answered on Oct 29, 2015
Robert Jason De Groot's answer
No facts means we do not have enough information to respond. Perhaps is the only answer we can give without knowing more.

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.

1 Answer | Asked in Criminal Law for West Virginia on
Answered on Oct 28, 2015
Robert Jason De Groot's answer
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.

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.

1 Answer | Asked in Criminal Law for West Virginia on
Answered on Oct 28, 2015
Robert Jason De Groot's answer
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.

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

1 Answer | Asked in Criminal Law for West Virginia on
Answered on Oct 26, 2015
Robert Jason De Groot's answer
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.

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

1 Answer | Asked in Criminal Law for West Virginia on
Answered on Oct 5, 2015
Robert Jason De Groot's answer
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.

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

1 Answer | Asked in Criminal Law for West Virginia on
Answered on Sep 27, 2015
Robert Jason De Groot's answer
You can look up the statutes and rules, perhaps right here on Justia.

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

1 Answer | Asked in Criminal Law for West Virginia on
Answered on Aug 28, 2015
Robert Jason De Groot's answer
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.

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

1 Answer | Asked in Criminal Law for West Virginia on
Answered on Aug 19, 2015
Robert Jason De Groot's answer
Possession of a firearm by a convicted felon, usually. Look up the criminal statutes in your state.

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

1 Answer | Asked in Criminal Law for West Virginia on
Answered on Aug 18, 2015
Robert Jason De Groot's answer
She needs a criminal defense attorney in VA. Get one for her to address these issues.

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

1 Answer | Asked in Criminal Law for West Virginia on
Answered on Aug 17, 2015
Robert Jason De Groot's answer
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 what the charges are and what the evidence is against her, as well as her complete prior record.

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