The post Do You Have to Give Half of Your Retirement in a West Virginia Divorce? first appeared on Arnold & Bailey.
]]>A West Virginia divorce attorney can help you understand which assets are subject to division, make a financial plan for divorce, and settle arrangements like child and spousal support.
In West Virginia, any assets acquired by either spouse during the marriage usually count as marital property. This includes retirement accounts. Two notable exceptions are inheritance and gifts, provided you keep these separately from marital assets.
Thus, your spouse would usually be entitled to part of your retirement funds during property division. It generally doesn’t matter whether you’re pursuing fault-based or no-fault divorce or a divorce for which your spouse is chiefly responsible for the split-up.
What if you started saving for retirement before you were married but continued adding to the retirement account during the marriage? In this case, the portion accumulated during the marriage would be marital property, while any funds you put into your retirement account before marriage or after separation are separate property.
You may not need to split your retirement account with your spouse if:
It’s always better to negotiate with your spouse and work out a divorce settlement that covers all the key divorce issues, like property division, spousal support, and a parenting plan. Working with an experienced West Virginia divorce attorney can make communication easier and help overcome disagreements.
Whatever you do, be transparent about any funds you hold. Failing to disclose information about your assets during a divorce is illegal and could land you in serious trouble.
Property division in West Virginia works on the principle of equitable distribution. While this doesn’t necessarily mean a 50-50 split, divorce courts usually try to keep balance when dividing property.
For instance, let’s say you and your spouse jointly own a family home or another type of property worth about as much as the amount in your retirement account. In this case, the court may decide that, rather than splitting the retirement account and the house, your spouse keeps the house while all the retirement funds remain in your name.
If you must divide a retirement account, the process depends on whether you hold an IRA, a 401(k), or a Pension Plan. In either case, you’ll need to receive a signed divorce order and, in the case of 401(k)s and Pension Plans, a Qualified Domestic Relations Order (QDRO). Your retirement plan provider can give you further instructions on splitting the account.
Ending a marriage is always difficult, but our law firm can help you sail through divorce with the least possible stress and conflict. Our West Virginia divorce lawyers will protect your rights, handle communication with your spouse and their attorney, and work hard to help you reach a fair and equitable divorce settlement.
Call 304-725-2002 or contact us online to schedule a consultation with a West Virginia divorce attorney at Arnold & Bailey.
The post Do You Have to Give Half of Your Retirement in a West Virginia Divorce? first appeared on Arnold & Bailey.
]]>The post When Can a Criminal Case Be Appealed in West Virginia? first appeared on Arnold & Bailey.
]]>No justice system is perfect, and if you believe your conviction was unfair, you may have options to appeal your case. A skilled criminal defense attorney in West Virginia can let you know whether you have grounds for an appeal and what outcome you may expect.
Usually, people may appeal their case if the conviction has legal issues. These may include the following situations.
Appellate courts rarely look into specific evidence, like witness testimony or documentation. However, they may scrutinize the judge’s decision to admit or exclude evidence.
For example, if a judge decided to admit evidence collected during an unlawful arrest, this could serve as grounds for an appeal.
What if a new witness comes forward, or fresh, compelling evidence surfaces after a trial ends? If the evidence could not have been revealed earlier, this could lead to re-examining the case and overturning a criminal conviction.
Wrongful searches and seizures, not reading the Miranda notice to an arrested person, and various constitutional violations during trial could also provide grounds for an appeal.
Additionally, an appeal could occur if a legal error, like miscommunication or miscalculating sentences, occurs during the trial and substantially harms your rights.
Jurors must stay impartial and follow certain rules of conduct. Leaking information, posting about the case on social media, using alcohol during jury duty, and other jury misconduct are valid grounds for appealing a case.
Your appeal may result in one of these outcomes:
In West Virginia, you must file a notice of intent to appeal within 30 days of the verdict. The appeal petition must be finalized within 120 days. This means you and your criminal defense lawyer must work quickly to decide whether appealing your case would be the right decision and prepare a strong appeal.
If you face criminal charges in West Virginia, call us at Arnold & Bailey. Our lawyers will work hard to protect your rights and achieve the optimal outcome in your case. We have successfully defended many clients against various types of misdemeanor and felony charges, including DUI, gun violations, and white-collar crimes.
Call 304-725-2002 or contact our law firm online to learn more about your options by scheduling a consultation with an experienced criminal defense attorney in West Virginia.
The post When Can a Criminal Case Be Appealed in West Virginia? first appeared on Arnold & Bailey.
]]>The post Top Five Mistakes to Avoid After a Car Collision first appeared on Arnold & Bailey.
]]>The aftermath of a car accident can seem like a nightmare. One moment, you were perfectly healthy, and now you might be in the hospital with broken bones or injuries requiring surgery. You might have to take time off work or lose your job because you’ve suddenly become disabled.
If you’ve been in a wreck, one of the smartest things you can do is call a car accident lawyer from Arnold & Bailey. Below, a car accident attorney explains mistakes to avoid after a car accident to boost your chance of a higher settlement.
Many of our clients only call us after they’ve spoken to the insurance company. If that sounds like you, there’s a chance you may have said something that could affect the outcome of your car accident case.
On a list of “What Not To Do After a Car Accident,” this is the number-one mistake victims can make. Insurance companies don’t want to pay a dime more than they have to, so adjusters will use sneaky tactics to lower your settlement as much as they can.
If the insurance company calls, direct them to contact your car accident lawyer. And if you’ve already spoken to an adjuster, tell your lawyer what you said immediately.
The insurance company may call and ask you to sign a medical release form. An adjuster might say, “If you just sign this, it’ll help us move your claim along faster.” Don’t fall for it.
Signing a release form allows the insurance company to look at your private medical records. This is bad because the adjuster will comb your medical history for pre-existing conditions.
If they learn you have a bad back, for instance, they might say you injured your spine years ago and that the accident has nothing to do with how hurt you are now.
Even if you think you’re a skilled debater, it’s never smart to negotiate with the insurance company by yourself. Insurance adjusters are trained to make you think they’re giving you a good deal. In reality, they’re offering the lowest amount they think you’ll accept.
Rather than risking a low settlement, have your attorney negotiate for you.
You may think you’re not badly hurt, so you decide not to go to the doctor. That choice could come back to bite you if the insurance company finds out.
“You weren’t hurt enough to need care,” the adjuster might say, “so this is the highest amount we can offer you.”
What happens if you discover your car accident injuries are worse than you first thought? If you’ve taken a settlement, you can’t go back later and demand more money. This is why it’s important to see a doctor soon after an accident so you know how much your damages are worth.
Even if the first settlement offer sounds like a great deal, it rarely is. Don’t accept it simply because you’re sick of dealing with the insurance company and want to move on with your life. An auto accident lawyer can tell you whether your offer is fair and negotiate for more if necessary.
Making mistakes after a car accident is easy, but our lawyers at Arnold & Bailey can help you avoid the above pitfalls. For a consultation with a car accident lawyer, call us at 304-725-2002.
The post Top Five Mistakes to Avoid After a Car Collision first appeared on Arnold & Bailey.
]]>The post What to Do (and Not Do) in the Back of a Police Car first appeared on Arnold & Bailey.
]]>“Out of your vehicle. Now,” the cop demands. Your heart pounds as he shoves you into the back of his car. Now what? Are you going to jail?
If you find yourself in this unpleasant situation, your actions can seriously impact what happens next. What you say and do could make the difference between walking free and spending days (or longer) behind bars.
A criminal defense attorney explains what you should and should not do if a police officer puts you in the back of their car.
It is tempting to argue with the police if they accuse you of a criminal offense, especially if you did not do anything wrong. However, becoming combative and yelling at the cops is one of the biggest mistakes you can make, as doing so can lead to even more criminal charges.
If an officer puts you in the back of their car, do not swear or even raise your voice at them. Do not make any sketchy-looking sudden movements, either. The last thing you want is for the officer to think you’re hiding a weapon.
Many cops will act like your friend, so you will relax and drop your guard. They say things like, “We only want to understand what happened” and “If you tell the truth, we will let you off easy.”
Do not fall for it. The officer is not your buddy, and they certainly are not trying to help you. Remember, they can use whatever you say against you, so stay tight-lipped.
If the officer has not arrested you yet, tell them you do not consent to them digging through your stuff. This includes what is in your glovebox, trunk, backpack, or anything else that belongs to you.
The police need “probable cause” to search your car. Without cause, they have to request permission from you. Many people give that permission because they feel intimidated or think going along with the officer’s request will help their case.
However, it is usually better to just say no. You do not want to give the officer any reason to accuse you of a crime.
The officer may also ask for the passcode to your phone. While the police can take your phone if they arrest you, they typically need a warrant to search its contents, so refuse to unlock your device if asked.
If arrested, you have the right to stay silent, and you should take advantage of that right. Tell the police you will not answer questions without a criminal defense attorney present. The only information you have to give is confirmation of your identity.
If the officer takes you to the police station, now is a great time to call a criminal law attorney. You have the right to ask for a phonebook or a list of criminal defense attorneys near you.
You may also call your family, but do not tell them any information about your case (no matter how tempting it may be). Assume the police are recording and monitoring any conversation you have.
Nobody plans on finding themselves in the back of a police car, but sometimes, life happens. If the police arrest you, call a criminal defense attorney to back you up.
Attorneys from Arnold & Bailey have the requisite experience to help people in your situation. For a consultation, call our firm at 304-725-2002.
The post What to Do (and Not Do) in the Back of a Police Car first appeared on Arnold & Bailey.
]]>The post How do Direct and Circumstantial Evidence Differ? first appeared on Arnold & Bailey.
]]>Here is how to discern the difference between direct and circumstantial evidence, including an overview of when circumstantial evidence can be used in a criminal trial.
Direct evidence is when an eyewitness testifies to something they have seen or know for a fact. It is direct because it is coming directly from their observation or knowledge.
Circumstantial evidence, by contrast, refers to evidence that must be inferred based on other facts or circumstances. Unlike direct evidence, a witness would have to connect the dots, so to speak, regarding the evidence.
Still confused? This terminology difference can be best illustrated by example.
Let’s say that there has been a hit-and-run accident. A bystander offers eyewitness testimony that she was on the corner and saw a car collide with another car and drive away. This witness testimony is direct evidence based on her personal observation and does not require anyone to make inferences or deductions.
In the same scenario, let’s say there are no eyewitnesses who observed the collision, but there is evidence of skid marks, vehicle debris, and one of the driver’s license plates on the ground. These pieces of evidence are circumstantial because, together, they suggest a chain of events or “circumstances” that led to the conclusion that there was a collision and the driver left the scene.
There are well-defined rules of evidence both at the state and federal level to establish what evidence may be used for or against a party in both civil and criminal proceedings.
Arguably, a criminal trial is a higher-stakes event because one’s freedom is at stake. Therefore, the burden of proof on the prosecution is to prove guilt “beyond a reasonable doubt.” To ensure the fairness of the justice system, there are legal bounds that limit what evidence can be let in.
A statement from a witness about what someone else said they saw is generally not admissible because it cannot be confirmed in a courtroom under oath. Suppose Witness 1 said something like, “I know that John Doe drove drunk that night because my sister Sarah told me she saw him drink five beers and get behind the wheel.” Unless Sarah is available to testify to what she saw (absent some legal exceptions), Witness 1’s testimony would not be allowed.
The example above is referred to as hearsay evidence, and it is one of several types of evidence that may be presented in court. Classifying and identifying the precise type of evidence ensures that the parties’ rights are protected, and only admissible evidence is allowed to provide guilt or liability.
Despite the negative connotation of circumstantial evidence in pop culture, both direct and circumstantial evidence are acceptable ways of proving a fact in court. In short, a jury is permitted to weigh both direct and circumstantial evidence to prove the fact of the matter at hand or establish a defendant’s guilt.
Even though circumstantial evidence may still be admissible, a West Virginia criminal defense attorney may be able to keep questionable circumstantial evidence out of court or limit its damaging effects at trial. For experienced legal help, contact Arnold & Bailey at 304-725-2002 to talk about your case.
The post How do Direct and Circumstantial Evidence Differ? first appeared on Arnold & Bailey.
]]>The post Is It Necessary to Provide Evidence of Fault in a Divorce? first appeared on Arnold & Bailey.
]]>Many people wonder if they need to gather evidence of fault before filing for divorce in West Virginia. Ultimately, it depends on whether you’re filing for a no-fault or at-fault divorce. A qualified divorce attorney can explain the differences and help you determine how to proceed.
Marriages break down for all sorts of reasons. There doesn’t need to be anything nefarious going on — sometimes, two individuals simply aren’t compatible with each other any more.
Many states used to require a couple to produce evidence the marriage was failing, even if no one was at fault. However, this has shifted into a less-contentious option: no-fault divorce.
As the name implies, filing for a no-fault, uncontested divorce means no one is to blame for a marriage’s failure; the couple simply has irreconcilable differences. Divorce proceedings can move forward without having to air personal grievances publicly.
Sometimes, one party may not agree that there were irreconcilable differences, making a no-fault divorce impossible. Other times, you may seek a divorce to escape an abusive or otherwise dangerous situation — in which case, a no-fault divorce may not be advisable. In such cases, you’ll need to file for an at-fault divorce. States vary as far as the rules and laws surrounding divorce, so a local qualified attorney can be of great service. In West Virginia, no-fault and at-fault divorce cases are possible.
You can file for an at-fault divorce if:
With an at-fault divorce, you must provide evidence of your claims. Trying to do so can often be stressful and time consuming, complicating an already-difficult process.
Partnering with a divorce lawyer can help make your divorce less stressful. Your divorce attorney will gather evidence, create a solid case, and represent you in court.
While divorce is a common way married couples separate, it isn’t the only option. For example, say you and your partner no longer live together. You can file for a legal separation once you’ve lived apart for a year. You’ll need to produce proof that you no longer live together, but lease agreements and similar documentation are often satisfactory.
You may also have the option of filing for an annulment. This legal process will render the marriage void.
While these options work under certain circumstances, they aren’t for everyone. You’ll want to speak to your attorney before pursuing legal action; they can help you explore your options and provide reliable legal advice.
The divorce process is often stressful enough on its own; if you need to provide evidence of fault, it can become even more difficult. Thankfully, through a no-fault divorce — or other alternatives — you may be able to avoid this headache.
Are you facing divorce? If so, reach out to a divorce attorney from Arnold & Bailey. Our lawyers care deeply about our clients and understand how difficult these situations are. That’s why we offer compassionate support and knowledgeable legal guidance. We can help you gather evidence to support your case and offer unerring legal assistance.
Call Arnold & Bailey at 304-725-2002 or fill out our contact form to request a consultation.
The post Is It Necessary to Provide Evidence of Fault in a Divorce? first appeared on Arnold & Bailey.
]]>The post What Damages Can You Seek After a Car Accident in West VA? first appeared on Arnold & Bailey.
]]>If you were in a car accident and suffered injuries, you may be able to seek compensation. It’s essential to understand your options. A West Virginia car accident attorney can help you file a claim for the appropriate damages.
If you were in a car crash caused by another driver, you can seek damages. Before you know what type of damages to pursue, you have to understand the process.
To pursue maximum damages, remember to take these crucial steps. After the collision, you should immediately report the accident. Failing to report the accident in a timely manner can prevent the success of your claim.
After reporting and exchanging information with the other driver, record any evidence. Pictures, videos, and eyewitness accounts are especially helpful. When you seek medical attention, document this too.
Finally, contact a West Virginia car accident attorney as soon as possible. The sooner you have representation, the sooner the claims process can begin.
The statute of limitations is the time limit a state places on lawsuits. This prevents people from pursuing lawsuits for events that occurred so long ago there is little evidence left. In West Virginia, the statute of limitations on car accident claims is two years.
From the date of your car wreck, you have two years to file your claim. This may seem like a long time initially, but you want to start as soon as possible. Trying to file a lawsuit after this time period will end in dismissal.
West Virginia’s comparative negligence rule states that the damages you collect for an accident are subject to reduction if the court finds you were also at fault. They will calculate a percentage of fault, which is what they’ll reduce your damages by. If the court finds you are more than 50% at fault, you cannot pursue a car accident claim.
Three main types of damages are available for car accidents in West Virginia. Note that if you are suing a government employee, the requirements for your lawsuit differ. West Virginia does not allow punitive damages in suits against the state and limits non-economic damages to $500,000 per person.
Different types of car accidents will earn different types and amounts of damages.
Medical bills and lost wages are losses you can collect compensation for through economic damages. These damages make up for the present and future income loss you experience from the accident.
Noneconomic damages account for losses that are intangible, but losses nonetheless. Noneconomic damages provide financial compensation for pain and suffering, loss of quality of life, mental distress, and more.
Punitive damages are rarely pursued but are applicable in situations of gross neglect or malicious intent. Instead of compensating for loss, punitive damages punish the at-fault driver.
If you or a loved one were seriously injured in a car accident, you can seek compensation for your losses. A West Virginia car accident attorney from Arnold & Bailey Attorneys at Law can help. We have years of experience and will prioritize your case.
Contact us now at 304-725-2002 to talk about your case.
The post What Damages Can You Seek After a Car Accident in West VA? first appeared on Arnold & Bailey.
]]>The post Can a Criminal Record Be Expunged in West Virginia? first appeared on Arnold & Bailey.
]]>If the court agrees to expunge your record, it is essentially the same as sealing or erasing it. That record won’t show up on a background check, which means the public won’t be able to view it. You typically will not have to disclose that you were arrested or convicted of a crime.
Given that a criminal record can haunt you for years, it makes sense that you would want to expunge it if you are eligible.
Whether your record is eligible for expungement depends on the crime you were convicted of doing. You cannot expunge your record if you were convicted of a crime involving:
If you have a record of first-time drug possession, your West Virginia criminal defense attorney can help expunge it if you have completed a deferred sentence and the court dismissed or discharged your case. You can apply for expungement six months after your probation ends.
If you have a misdemeanor, you are eligible for expungement one year after the date of your conviction, release from supervision, or completion of your sentence, whichever is latest.
You may qualify for expungement if you were found not guilty or all charges against you or if the charges were dismissed. In this case, you will have to wait 60 days from the case’s dismissal or your acquittal.
You do not qualify if any of the following are true:
If you were granted a full and unconditional executive pardon, your record might qualify for expungement. If eligible, you can apply one year from the date of the pardon and five years from the date you finished your sentence. However, you do not qualify for expungement if the case involved treason, murder, kidnapping, or a felony sex offense.
If you are unsure whether you are eligible for expungement, call a West Virginia criminal defense attorney from Arnold & Bailey today. We can help with bail hearings, DUI or DWI defense, and jury trial representation. Reach out to us at 304-725-2002 for a free consultation.
The post Can a Criminal Record Be Expunged in West Virginia? first appeared on Arnold & Bailey.
]]>The post How Are Assets and Debts Divided in Divorce Mediation in WV? first appeared on Arnold & Bailey.
]]>If you’re wondering how assets, debts, child custody, and spousal support are divided in mediation, here’s what to know from a West Virginia divorce attorney.
During mediation, you must confirm whether the law considers your property separate or marital. Marital property includes any assets or debts accrued during the marriage. Separate property includes:
For instance, assume that a relative passed away and left you a lot of money in their will. Normally, money acquired during a marriage would be considered marital property. However, since your relative left that money specifically to you, the law considers it separate property.
However, it may be possible for separate property to become marital property. For instance, the law says you’ve commingled the property if you moved your inheritance into a bank account you share with your spouse. In this case, it would be subject to division between both spouses.
Before property division can begin, determine a value for all assets and debts acquired in the marriage. Once you’ve added up the numbers, you divide property equitably.
Note that this doesn’t necessarily mean “equally.” What it does mean is that you must split assets and debts in a way that’s fair to both parties.
For the court to accept the division you’ve agreed to, it must be reasonably equitable. If you can’t come to a reasonable agreement, the court will handle the division for you. It will consider:
This is a common question, but the answer is no. In the eyes of the law, it doesn’t matter whether you or your spouse cheated. Cheating is grounds for divorce in West Virginia, but both spouses are still entitled to their fair share of assets and debts.
If you’re facing divorce and prefer mediation to an acrimonious divorce trial, you could use the help of a West Virginia divorce attorney who understands equitable distribution in our state. Contact Arnold & Bailey at 304-725-2002 for a free consultation on your case today.
The post How Are Assets and Debts Divided in Divorce Mediation in WV? first appeared on Arnold & Bailey.
]]>The post What Are the Changes in the West Virginia Child Custody Laws? first appeared on Arnold & Bailey.
]]>When couples seek consultation regarding custody matters, it’s evident that their primary concern is the well-being of their children. Acknowledging this, legal professionals approach these discussions with sensitivity, understanding the emotional turmoil involved. Custody arrangements directly impact a child’s upbringing, making it an essential topic to address.
In June 2022, West Virginia underwent a substantial legal transformation concerning custodial allocation. Previously, the court assessed the percentage of caretaking functions performed by each parent on a daily basis to determine custody arrangements. Factors such as morning routines, school activities, meals, and bedtime routines played a pivotal role in this assessment.
With the passing of the Best Interest of Children Act, West Virginia’s custody allocation approach experienced a paradigm shift. The new legislation introduced a strong presumption in favor of shared custodial time between parents, regardless of caretaking functions. This marked a departure from the earlier emphasis on day-to-day caregiving tasks as the main determinant of custody allocation.
Under the new law, the roles of parents are redefined to encompass both caregiving and breadwinning responsibilities. This means that even a parent who spends extended hours outside the home working to support the family is considered to be actively participating in parenting.
While the new law establishes a robust presumption of equal custodial time, certain exceptional circumstances can rebut this presumption. Factors such as substance abuse, domestic violence, child abuse, and significant misconduct can be considered. However, these factors must be substantial and compelling to overturn the presumption of shared custodial time.
Given the complexity of these legal changes, it’s crucial for parents to seek advice from qualified divorce attorneys who are well-versed in the updated legislation. Practitioners who understand the intricacies of the new law can provide accurate guidance, ensuring that clients are informed about their rights and responsibilities.
Amid legal changes and procedural adaptations, it’s important to remember that children remain the focal point of custody matters. Custodial schedules have a significant impact on their lives, influencing their growth, stability, and overall well-being. This realization underscores the gravity of making informed decisions during the divorce or custody process.
Navigating custody matters within the context of divorce has become even more nuanced and intricate with the recent legal changes in West Virginia. Parents seeking the best possible outcomes for their children must stay informed about the new custodial allocation laws. By partnering with qualified child custody attorneys who are well-versed in these changes, parents can work toward solutions that prioritize the well-being of their children while adapting to the evolving legal landscape. At Arnold & Bailey, we can help you navigate child custody arrangements. Consider calling 304-725-2002 or filling out the contact form today to speak to an attorney.
The post What Are the Changes in the West Virginia Child Custody Laws? first appeared on Arnold & Bailey.
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