Get free answers to your legal questions from lawyers in your area.
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 
Charge 1: Solicitation of a minor via computer.
Charge 2: displaying obscene material to a minor.
Charge 3: use of obscene matter with intent to solicit a minor.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2023
1. Solicitation of a minor via computer: This can carry a potential sentence of 2 to 10 years in prison.
2. Displaying obscene material to a minor: Depending on the specific statute under which someone is charged, this can also lead to felony penalties.
3. Use of obscene matter with... View More
My business purchases a property with another business and they are renting it out. Is that legal?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 4, 2023
Assuming the owners are tenants in common, either TIC can lease the property. The unpaid TIC can sue the other for contribution. A suit for a Sale For Partition may be necessary.
I was suspended pending an investigation. I was told not to discuss it and not to go to my workplace. Can the people conducting the investigation go there? They could be destroying evidence that would prove they did wrong and are trying to blame me.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2023
Typically, an employer's policy and procedures outline who has the authority to suspend an employee. If you're concerned about evidence being tampered with during an investigation, documenting your concerns in writing and possibly sending them to a neutral third party within the... View More
Started work on Monday working for the state of WV.
Had a seizure AT work Friday morning of the same week.
Coworkers heard me hit my head off of desk/computer as I was seizing. Called 9-11 and went to ER by ambulance.
Returned to work on Monday (2 days later)... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2023
You may have a disability discrimination case. Check with a lawyer in your state to understand your rights under WV law. You can also contact lawyers out of state to understand your rights under federal law. Best of luck!
This creates a swampy condition in my yard. Is my neighbor responsible for diverting the water, or is it my responsibility to put in drainage features?
answered on Sep 27, 2023
A West Virginia attorney could advise best, but your question remains open for two weeks. At this point, you could continue to await a response, or consult with attorneys who deal with water rights (surface water in this case). It's a narrow area - you might start with asking attorneys who... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
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... View More
The owners of the lot next door to mine are using a driveway across my property to access their cabin even though there is a driveway on their property. Yesterday I found that they had put their address sign on the driveway on my property. I took it down and they called and gave me a sad story that... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2023
Adverse Possession of some of your property is possible here. Hire a WV attorney to search both titles, and possibly hire a surveyor. You may need to file suit for a Boundary Dispute, Injunction, Quiet Title, Declaratory Judgment, etc.
Asking to come speak to them. Can I be charged for anything from these messages they have on his phone?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2023
If law enforcement has found text messages on a drug dealer's phone that involve you asking to buy drugs, there is a possibility that they may want to speak with you as part of their investigation. The content of the text messages could potentially be used as evidence against you.
If... View More
Is there any way to get my id without a birth certificate or vice versa
answered on Jul 26, 2023
To get a replacement for your consular report for birth abroad, it looks like you do need a valid unexpired ID, you can read more about how to obtain the replacement here:... View More
When I call, they say I "have" to speak with Kathy, who is in charge of estate claims; no one else can help me. I've called many times, left messages on every one of those calls and never had a return call. I am going to try a certified letter, but have no idea if it will reach the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2023
Is the claim properly filed against the Estate? If not, or there other defenses, it is your duty to contest the claim in Court. Your objection can be served at the given address. If a legitimate claim, then pay it prior to asking to close the Estate, and get a receipt. Hire a WV attorney to... View More
He was in a bad accident who by no fault of his own.
answered on Jul 3, 2023
You, or your friend, should contact a personal injury attorney in Point Pleasant. If you can't find one in Point Pleasant, try Huntington or Charleston. Once you find an attorney who can help your friend, the attorney can analyze and evaluate your friend's case. I am curious, when was... View More
I was intentionally attached to a property dispute by a local surveyor, who at this time is under investigation by the WV Board of Professional Surveyors, for not only the perjury I have shown said surveyor committed with his Affidavit used in the property dispute, but also, the surveyor was... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 28, 2023
You will need to hire a WV attorney to prepare and file suit against the surveyor. The SOL against surveyors can be short, so call today. Your personal injury torts probably have no place here. Hopefully you have provable damages, and you will need another surveyor to testify to the... View More
We all 3 were injured and my car is undrivable is the utility company responsible? It happened near Matewan WV. Thank you
answered on Jun 18, 2023
A West Virginia attorney could advise best, but your question remains open for two weeks. It's possible they could be, but an attorney would need to examine in closer detail, looking at the reason for the collapse of the pole, how fast you were going, road conditions, illumination of the... View More
This is an abuse and neglect case. My rights were terminated, on appeal, the wv supreme court vacated the termination and remanded the case. Now the circuit court is making the same reversible error the sc remanded the case for. Will they remand it again with the same opinion? I'm worried my... View More
answered on Jun 16, 2023
The trial court and the prosecutor are bound by the appellate court's opinion and order. If the trial court acts in a way that shows non-compliance with that order, the trial court risks censure.
answered on Jun 13, 2023
The issue is whether they questioned you after you were in custody. The reading of rights is sometimes called the Miranda Warning which was adapted from a famous U.S. Supreme Court case, Miranda v. Arizona. The failure to give the warning THEN question a suspect permits a defense lawyer to file... View More
24 hours they ran test and ruled it out that the medication Compazine caused anaphylactic shock causing my heart to stop they did two rounds breaking my ribs and also now I have physical emotional and mental issues now from the injury.
answered on Jun 12, 2023
From what you state it is not clear there was malpractice. Malpractice means the doctor did something, or failed to do something, that any reasonable doctor would have done/not done. This must be evaluated by another doctor.
Consult with experienced attorneys in your state.
Now she is holding what I had left to move in the garage and I have been told that I have to do a civil suit. She has paid her taxes by the due date but until I give $600 I can't get my belongings. I've lived there almost 3yrs and moved first wknd in April. Those taxes aren't my... View More
answered on May 23, 2023
I would recommend contacting Legal Aid of West Virginia. They provide no cost legal services to WV residents and I believe they can handle landlord tenant issues like this.
Doctors office is trying to enforce a 3 strike policy with missing appointments where you will not be allowed to speak treatment there. Just tried to reschedule my appointment because after driving around for 20 minutes in 3 different parking lots including a garage there were not spots a... View More
answered on May 23, 2023
Physicians have the right to end the Patient Physician relationship. The only time there me be a legal issue is for patient abandonment where a patient must prove that the physician ended the relationship at a critical stage in the patient’s treatment without good reason or sufficient notice to... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
