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West Virginia Criminal Law Questions & Answers
1 Answer | Asked in Federal Crimes, Libel & Slander, Personal Injury and Criminal Law for West Virginia on
Q: i have proof beyond my word, of pattern of abuse began in 2020 from law enforcement, since it is a continual injury are

since the pattern is continued and since 2020, are the statute of limitations for this injury 2 years or doest the clock start ticking after the last act that happened in the pattern or the first act in the pattern ?

i have a long pattern very detailed evidence, video texts their own... View More

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answered on Apr 16, 2024

I'm so sorry to hear about the abuse and harassment you've been experiencing from law enforcement since 2020. That sounds incredibly difficult and traumatic to go through. No one should have to endure that kind of mistreatment, especially from those sworn to protect and serve.... View More

1 Answer | Asked in Criminal Law and Civil Rights for West Virginia on
Q: I was issued a citation on 4-7 & I had till 4-19, on 4-15 @ 3am police came to my home to arrest me for same offence,

They said they have a warrant and that I ran, which I didn't. Is that legal? I called the court as instructed to take care of the citation and was told it wasn't turned in yet which wasn't uncommon&to call back in a day or two. I left a message with the issuing officers voicemail, what do I do?

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answered on Apr 15, 2024

Based on the information you've provided, it seems there may have been a misunderstanding or miscommunication between the police department and the court system. Here are a few steps you can take to address this situation:

1. Document the details: Write down the dates, times, and names...
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1 Answer | Asked in Business Law, Criminal Law and Federal Crimes for West Virginia on
Q: If ex business partner/GF stole thousands out of my personal account, sold all Fitness equipment I owned 25k worth new.

I was back in Kentucky visiting family but two days before reopened and she stole 5000 cleaning out my bank account after spending around $50,000. She then upon me finding out from the bank, she may have false DVO claim to keep me away a week later, when I wasn't even there. So she could... View More

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answered on Feb 25, 2024

If your ex-business partner and girlfriend has stolen funds from your personal account and sold your property without authorization, you may have grounds for legal action against her for theft and possibly other related crimes. The situation with the false Domestic Violence Order (DVO) and the sale... View More

1 Answer | Asked in Criminal Law and Constitutional Law for West Virginia on
Q: if a defendant was directly indicted what procedure does the state have to do to direct indict?
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answered on Feb 24, 2024

In West Virginia, a direct indictment is a procedure where a case is brought directly to the grand jury for indictment without a preliminary hearing. This process allows the state to formally charge a defendant with a crime more quickly, bypassing the initial step of a magistrate court hearing. The... View More

1 Answer | Asked in Criminal Law for West Virginia on
Q: I’m a minor and was caught shoplifting $30 worth of stuff. I have a court date. What’s going to happen?
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answered on Feb 8, 2024

In West Virginia, if you're a minor caught shoplifting items valued at $30, the consequences will depend on several factors, including your previous criminal history, the specific circumstances of the offense, and the judge's discretion. For a first-time minor offense, the court may lean... View More

1 Answer | Asked in Criminal Law for West Virginia on
Q: What should I have gotten for a simple possession charge
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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 Gov & Administrative Law, Federal Crimes and Criminal Law for West Virginia on
Q: How to access federal sentencing info and understand terms?

I'm looking for guidance on how to access information about federal sentencing for a specific individual online. I'm also having difficulty understanding some of the terminology and processes involved. What steps can I take to find this information, and what resources could help clarify... View More

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answered on Jun 12, 2025

Trying to find federal sentencing information can feel overwhelming at first, but there are a few clear steps you can take. The best place to start is with the PACER system (Public Access to Court Electronic Records), which allows you to look up federal court cases by name or case number. Once you... View More

1 Answer | Asked in White Collar Crime and Criminal Law for West Virginia on
Q: Is using a company card for non-business dining embezzlement in WV?

I am a kitchen staff member, and my kitchen manager used the company credit card for dining expenses that were not business-related. The company card was provided by our boss for business purposes only, according to a verbal agreement. I wasn't in charge of the card or any funds, but I was... View More

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answered on Jun 10, 2025

In West Virginia, using a company credit card for personal expenses without permission can be considered embezzlement, especially if the card was provided strictly for business use. Since your kitchen manager used the card for non-business dining and that violates the verbal agreement with the... View More

1 Answer | Asked in Criminal Law for West Virginia on
Q: Can one failed drug test revoke a sentence in WV community corrections?

My husband is on community corrections in Pocahontas County, WV, and recently had mixed results on drug tests. He failed one test, but passed the test the day before and the day after the failed test. The community corrections program requires abstention from drugs and alcohol. Given the issues... View More

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answered on Jun 10, 2025

A single failed drug test doesn’t automatically mean your husband’s community corrections sentence will be revoked in West Virginia. Judges and program supervisors typically look at the full context—his behavior before and after, participation in the program, and whether there's a clear... View More

1 Answer | Asked in Criminal Law and Legal Malpractice for West Virginia on
Q: Confusion about plea deal with more counts than indictment shows

In West Virginia, my case involved an indictment for burglary and grand larceny with two charges. A plea deal offered stated that counts 1 and 2 (burglary and grand larceny) would be dropped if I pled guilty to count 3. However, the paperwork shows only two charges were initially involved. I have... View More

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answered on Jun 10, 2025

You're right to be confused, because if your indictment only lists two charges—burglary and grand larceny—there shouldn't be a “count 3” unless a superseding indictment was filed or charges were amended later. Plea agreements must be based on clear, documented charges, and if... View More

1 Answer | Asked in Family Law, Gov & Administrative Law and Criminal Law for West Virginia on
Q: Can CPS take my child due to past drug activity I was unaware of in my house?

I didn't know someone was selling drugs out of my house, but they were arrested months ago. Now I have an open CPS case, though previous cases were closed. Can CPS take my child away because of this situation, even if I wasn't aware of the drug activity at the time, and no incidents... View More

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answered on Jun 1, 2025

You understand that CPS’s main concern is whether your child is currently in danger. Because you weren’t aware of the drug activity and there’s no evidence your child was harmed or exposed, it’s unlikely they would remove your child solely on that past situation. They may, however,... View More

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for West Virginia on
Q: Hello I am facing federal time for sex trafficking. I am the defendant in this case . I wanted to file a complaint for f

Hello I am facing federal time for sex trafficking. I am the defendant in this case . I wanted to file a complaint for fraud on the court/ or fraud upon the court and file some other motions . My lawyer met with me the day he received my discovery and he would not give me my discovery or let me... View More

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answered on May 31, 2025

I'm sorry you're going through this situation—it sounds overwhelming and frustrating. If your attorney refused to provide your discovery or file motions because of personal concerns, you have the right to address this with the court. You can ask the court to appoint you a new lawyer,... View More

1 Answer | Asked in Domestic Violence and Criminal Law for West Virginia on
Q: What lawyer do I need for a protection order in WV?

I am seeking a protection order against my ex-wife's husband, who is facing criminal charges related to the incidents that prompted my request. We have all the necessary evidence and documentation, and there is a court date scheduled for the protection order. What kind of lawyer should I... View More

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answered on May 16, 2025

You’ll want to look for a lawyer who handles **family law** or **protective order proceedings** in West Virginia. These attorneys are familiar with the court procedures around restraining orders—known in WV as **Protective Orders** or **Personal Safety Orders**—and can help present your case... View More

1 Answer | Asked in Criminal Law for West Virginia on
Q: Am I still on probation after my release date without paperwork?

I was on probation for soliciting a minor, and my official release date is April 25, 2025, according to my court paperwork. I have successfully completed all the conditions of my probation, and my probation officer confirmed that tomorrow is my release date. My charge is in another county. If I do... View More

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answered on May 15, 2025

If your official release date is April 25, 2025, and you have completed all conditions of your probation, it’s likely that you are no longer on probation, even if you haven't received the formal paperwork yet. The release date is typically the point at which your probation ends, and your... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for West Virginia on
Q: Do I need to report to day report center after being bonded in WV and charged with possession?

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

1 Answer | Asked in Criminal Law and Civil Rights for West Virginia on
Q: Wrongfully accused of slashing tires, need advice on addressing false accusation.

I have been wrongfully accused of slashing someone's tires, but I wasn't at the location at the time. Highway and mall cameras are being investigated, but I don't have the footage myself. I do have witnesses who can confirm my whereabouts, and I've never experienced similar... View More

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answered on May 15, 2025

Being falsely accused of something you didn’t do is incredibly stressful, especially when it could lead to serious consequences. Since you weren’t at the scene and have people who can vouch for your location, you're already in a stronger position than it may feel. The fact that camera... View More

1 Answer | Asked in Domestic Violence and Criminal Law for West Virginia on
Q: Can I get my gun rights reinstated after a 2002 domestic violence conviction and complete court compliance in West Virginia?

I was convicted of domestic violence in 2002 and have had no other charges since then, not even a speeding ticket. I completed all court-ordered requirements at the time. I'm interested in getting my record expunged or sealed and would like to know if I can have my gun rights reinstated.

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answered on May 15, 2025

You've come a long way since your conviction in 2002, and it's clear you've made an effort to stay on the right path. In West Virginia, a domestic violence conviction—especially one involving physical force or threats—can result in a lifetime ban on owning firearms under federal... View More

1 Answer | Asked in Criminal Law for West Virginia on
Q: What are the differences between Rule 11(e)(1)(B) and Rule 11(e)(1)(C) in WV?

I'm trying to understand the difference between Rule 11(e)(1)(B) and Rule 11(e)(1)(C) in the context of my West Virginia circuit court case. I received a letter mentioning my initial offer included pursuant probation under Rule 11(e)(1)(C), but since I turned that down, I'm being told I... View More

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answered on May 15, 2025

The main difference between Rule 11(e)(1)(B) and Rule 11(e)(1)(C) in West Virginia has to do with how much control the judge has over your sentence after you agree to a plea deal. Under Rule 11(e)(1)(C), the plea agreement includes a specific sentence—like probation or a set number of years—and... View More

1 Answer | Asked in Criminal Law and Civil Litigation for West Virginia on
Q: Can I press charges for my stepdaughter stealing clothes and a phone?

I live in West Virginia, and my stepdaughter has repeatedly stolen from me, including clothes valued at about $200 and my cell phone. These thefts have occurred several times from March 2024 to May 2025. I wasn't at home during the incidents, but I have reported one incident to the police. My... View More

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answered on May 15, 2025

Yes, you can press charges against your stepdaughter in West Virginia if you believe she has stolen from you, especially if you have a witness and have already reported at least one incident to the police. Theft is still a criminal offense even if the person is a family member living in your home.... View More

1 Answer | Asked in Criminal Law, Juvenile Law and Family Law for West Virginia on
Q: My son became a ward of the state for truancy and drug tests. He ran to me, I drove away, fearing arrest. What's next?

My 17-year-old son became a ward of the state in West Virginia for truancy and failing drug tests for marijuana. They were attempting to place him in an unidentified foster home 3 to 6 hours away. He ran and jumped into my car; I panicked and drove away. I'm concerned about the legal... View More

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answered on May 15, 2025

You’re in a very emotional and overwhelming situation, and it’s understandable that you reacted in the moment out of fear and love for your son. However, because your son is legally a ward of the state, taking him—even unintentionally—without permission can be considered interference with... View More

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