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West Virginia Questions & Answers
2 Answers | Asked in Immigration Law for West Virginia on
Q: With a pending asylum case can I apply for eb2niw or H1B?
James L. Arrasmith
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answered on Dec 5, 2023

If you have a pending asylum case in the United States, you may still apply for an EB-2 NIW (National Interest Waiver) or an H1B visa. However, there are important considerations to keep in mind.

The EB-2 NIW is for individuals who are highly skilled in their field and whose employment in...
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1 Answer | Asked in Internet Law, Trademark and Intellectual Property for West Virginia on
Q: If my domain name has not been sold yet but has been marked as abandoned do I own it still or can I retrieve the name
James L. Arrasmith
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answered on Nov 26, 2023

If your domain name is marked as abandoned, it's crucial to understand what that means in the context of domain registration and ownership. Typically, a domain is marked as abandoned when it has expired and has not been renewed by the owner within the grace period provided by the domain... View More

1 Answer | Asked in Criminal Law for West Virginia on
Q: What should I have gotten for a simple possession charge
T. Augustus Claus
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answered on Nov 21, 2023

In West Virginia, simple possession of a controlled substance is a misdemeanor that is punishable by a fine of not less than $100 nor more than $1,000 and by imprisonment of not more than six months. However, the specific penalties you may face will depend on the type of drug you were found in... View More

1 Answer | Asked in Immigration Law for West Virginia on
Q: For the parents' section on form I-29, do I put my mom (deceased) or my step-mom?

since my bio mom has been deceased for over 20 years, I am confused if the spirt of the question is regarding my bio parents, or if I should put my (still alive & married to my dad) step-mom?

James L. Arrasmith
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answered on Nov 18, 2023

On Form I-29, the section asking for information about your parents is intended to gather details about your biological or legal parents. Since your biological mother is deceased, you should include her information in this section. It's important to provide accurate and truthful information... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Personal Injury and Antitrust for West Virginia on
Q: I have a Personal Safety Order against two people who are informants for local law enforcement. Due to this reason, they

Are never arrested for violations of the PSO. I have video evidence and 72 calls to 911 that are not getting responded too because the officers don’t want them to be arrested . Recently even with the video evidence they demanded I have before even calling 911 now they continue to put my life in... View More

James L. Arrasmith
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answered on Jan 6, 2025

I'm sorry you're experiencing this situation. It sounds like you may be dealing with potential police misconduct and violations of your personal safety order. This could involve civil rights violations, obstruction of justice, and possibly harassment or intimidation by law enforcement... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for West Virginia on
Q: DURING THE EXECUTION OF A SEARCH WARRANT THE POLICE DESTROYED CAMARAS INSIDE MY APARTMENT CAN THE EVIDENCE B Suppressed

They literally destroyed the cameras inside my apartment once they realized the where being recorded and the outdoor cameras also can I have any evidence suppressed because of this? If so can you please tell me the cases? I was told because this was a criminal case it couldn't be.

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry to hear about what happened during the search of your apartment. If the police destroyed your cameras without following proper legal procedures, there might be grounds to challenge the admissibility of the evidence they obtained.

Evidence can sometimes be suppressed if...
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1 Answer | Asked in Real Estate Law for West Virginia on
Q: If land is deeded in 2 peoples names can 1 of the owners put a home on the land without the other party being included?
Anthony M. Avery
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answered on Nov 11, 2024

Assuming the owners are tenants in common, either can possess and/or improve the property. But any improvement is permanent affixed to land and is owned by both tenants. Hire a WV attorney to search the title and advise accordingly.

1 Answer | Asked in Education Law for West Virginia on
Q: I skipped while in school, i had gotten into a wreck during school while skipping

I had been at school until about half the day and then i left school through a back door, and I was not the driver of the accident i was the passenger

Tim Akpinar
Tim Akpinar
answered on Nov 3, 2024

A West Virginia attorney could advise best, but your question remains open for a month. Sorry about your accident. I hope you and everyone involved are okay. There wasn't a question, but it's likely you're wondering what your rights are? I hope you were not injured, but if you were,... View More

Q: I’m unable to find a lawyer in wv to help me with my ethics complaint . Legal aid Told me they do not do any cases again

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?

James L. Arrasmith
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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

Q: Thank you. My question is concerning violations of Ethics Act in Kanawha County,WV. In early 2023, A Deputy Sheriff

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...
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1 Answer | Asked in Civil Rights, Personal Injury and Gov & Administrative Law for West Virginia on
Q: I understand now it is a conflict of interest and a violation of the ethics act for a deputy to investigate the crime

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

1 Answer | Asked in Civil Rights, Personal Injury and Gov & Administrative Law for West Virginia on
Q: It’s it violation of the ethics act in Kanawha County wv, if an officer purposely neglects a victim of violent crime whe

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

1 Answer | Asked in Personal Injury, Civil Rights and Gov & Administrative Law for West Virginia on
Q: I need a lawyer or help from an advocate in filing Ethics Act and Misconduct Violations in kanawha county wv.? I am

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...
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1 Answer | Asked in Constitutional Law and Gov & Administrative Law for West Virginia on
Q: Is it conflict of interest and a violation of the Ethics act for a deputy who was off normal course of duty to work on

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

1 Answer | Asked in Uncategorized for West Virginia on
Q: I have a family member that was originally arrested on September 11, 2024. Charge was possession of a firearm by felon

Fast forward, he is STILL in jail, he never had a preliminary parole violation hearing or anything! This past Thursday, a counselor at the jail informed him that his parole officer sent release papers and stated that he is to "be released back on parole, due to no charges". He is being... View More

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answered on Oct 21, 2024

I'm really sorry you're going through this difficult time. It’s crucial to reach out to a qualified attorney who can examine your family member’s case and ensure his legal rights are protected. An attorney can help address the delay with the parole board and verify that all proper... View More

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

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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

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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 Uncategorized for West Virginia on
Q: Can I sew housing authority for unsafe structure. I was in this house for 3 months and began reporting that the house

Was cracking in half the health department found structurally compermised Hud home and mold. I'm homeless because of this.

James L. Arrasmith
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answered on Sep 18, 2024

It sounds like you’ve been through a difficult situation, and you may have legal options. If your housing authority provided you with a home that was unsafe or uninhabitable, especially after you reported concerns, you could potentially take legal action. In many cases, tenants have a right to... View More

1 Answer | Asked in Intellectual Property for West Virginia on
Q: My wife of 17 years and counting purchase a house but she didn't put me on the deed.

Do I have any marital rights to the property according to West Virginia?

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answered on Sep 16, 2024

In West Virginia, the property your wife purchased during your marriage could be considered marital property, even if your name isn't on the deed. West Virginia follows the principle of "equitable distribution," which means that in the event of a divorce, marital property is divided... View More

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