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I'm seeking guidance on whether I'm required to report to the day report center in West Virginia after being verbally instructed by a magistrate upon being bonded out, despite not having a lawyer assigned yet. Additionally, I am being charged with simple possession after leaving a tin I... View More 
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answered on May 15, 2025
Since you were verbally instructed to report to the day report center after being bonded out, it is important to follow that instruction, even if you haven't yet been assigned a lawyer. Failure to report could lead to additional charges or a warrant for your arrest. You should make sure to... View More
I am facing several legal issues in Barbour County, West Virginia, including an illegal eviction where the new tenants admitted to disposing of our property under WV Code §37-6-30 and threatened to disclose my location to a person who tried to murder me last year. Despite this, Barbour County... View More
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answered on May 14, 2025
What you’re going through is incredibly serious, and you’ve already taken the right step by gathering evidence and identifying the violations clearly. When local law enforcement refuses to act, you have every right to go higher. Start by filing a formal report with the West Virginia State... View More
I've lost my driver's license 25 to 30 years ago due to a couple of DUIs, driving while revoked charges, and received two 10-year suspensions. I was court-ordered to use a breathalyzer for over 3 years and I am unsure if I still need to complete a DUI class to reinstate my license.... View More
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answered on May 14, 2025
There isn’t a statute of limitations on reinstating a driver’s license after DUI-related suspensions. Even if decades have passed, the requirements to get your license back generally remain until you complete them. That means if a DUI class or evaluation was ordered as part of your... View More
I received a DUI over 10 years ago and was told I needed to attend a class to regain my driver's license. I have not attended the class and have not received any recent communication about it. When I call the DMV, they tell me I need to attend the class, but the magistrate court says to take a... View More
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answered on May 14, 2025
It’s understandable to feel stuck when you’re being told different things by the DMV and the court. In West Virginia, even if a DUI happened over a decade ago, the DMV may still require completion of a DUI Safety and Treatment Program before reinstating your license. The fact that time has... View More
I am interested in the case of Ewing v. Goldstein (2004) and how it would have been different if it had been teletherapy. Specifically, I want to understand the therapist's duty to warn, how and who the therapist should have immediately informed, and any potential violations of laws concerning... View More
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answered on Apr 16, 2025
You’d still owe a duty to warn under Tarasoff even when meeting by video, but you must confirm the client’s exact location at the start of each session so you know which local authorities to contact. You’d need to immediately alert that jurisdiction’s police department and the identifiable... View More
I am concerned about my wife, who has been very sick for about a week with persistent vomiting and is getting weaker. Despite these symptoms, she has refused medical care and stated she will refuse help from paramedics if they come to the house. She is 63 years old and seems mentally competent. We... View More
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answered on Apr 13, 2025
It’s understandable that you’re deeply concerned about your wife’s health, but legally, you can’t compel someone to seek medical care if they are mentally competent and able to make their own decisions. In most cases, adults have the right to make their own choices about medical treatment,... View More
My daughter was on probation and attended court, where she was placed on house arrest. We paid for the house arrest, but after court, her probation officer tested her without the judge's order and subsequently sent her to jail a week later. On probation, she was tested weekly, but no testing... View More
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answered on Apr 12, 2025
It sounds like you're dealing with a very confusing and frustrating situation. When someone is placed on house arrest, typically the terms and conditions of that arrest should be clearly outlined, either by the court or the probation officer. If there was no discussion or written agreement... View More
I am a registered offender residing at a location approximately 2,300 feet in a straight line from a childcare facility in Charleston, WV. With proposed house bill 5502 adding residency restrictions for registered offenders within 2,500 feet of schools or childcare centers, would I be forced to... View More
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answered on Apr 7, 2025
If House Bill 5502 passes, you may be required to move, depending on how the residency restriction is enforced. The bill proposes that registered offenders cannot live within 2,500 feet of schools or childcare centers. In your case, you live 2,300 feet in a straight line from a childcare facility... View More
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
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?
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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
Answered my 911 call for assault & vehicle theft. The deputy informed me that the SD would no longer help me when I call emergency services because I make them lose their cases and the Supreme Court of appeals would never disagree with him or their decision . Since then I have placed over 130... View More
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answered on Oct 29, 2024
I'm really sorry you're going through this difficult situation. The actions you've described, including threats, harassment, and retaliation by a deputy sheriff, may violate ethical standards and legal protections meant to ensure your safety and rights.
You should consider... View More
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
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
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... View More
His own families investigation? His wife vehicle was broken into and he investigated and threatened people for answers and to make statements on recording, he towed vehicles and went in houses with no warrant . His coworker reports mentioned him In Their report of the investigation. He falsely... View More
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answered on Oct 28, 2024
Yes, what you’re describing appears to be a clear conflict of interest and likely violates the Ethics Act. When a deputy uses their position to investigate matters involving their own family, it compromises their objectivity and the integrity of their role. This misuse of authority can undermine... View More
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
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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
Who can I contact, I feel this is both civil, and criminal
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/
I would like to know if it would be illegal to obtain the compound THC, there are laws against weed, however THC is just one compound found in marijuana among many others in the plant. If you were to order online pure or extract THC from a different plant would this be legal? Example: LSD is... View More
answered on Jan 6, 2020
So West Virginia law is still governed by Federal US law. THC is still illegal, but some states have legalized CBD and most states can't test the difference between CBD and THC and the concentrations. Unless you are in a state that has legalized marijuana, then ordering THC online is still... View More
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... View More
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... View More
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