What's the Law Say?

In this episode of What's the Law Say, Clint visits with Melissa Giggenbach from the WV Innocence Project, a clinic of WVU College of Law. They discuss the work of the Innocence project: how they identify cases that qualify for their assistance and how they are able to seek relief for people who have been convicted and incarcerated for crimes that they did not commit. Melissa and Clint talk about the Writ of Habeas Corpus and other options for people who have been convicted. Learn more about the WV Innocence Project at https://wvinnocenceproject.law.wvu.edu/. Hosted on Acast. See acast.com/privacy for more information.

This is Part 2 of Clint's discussion with Dana Eddy, Executive Director of Public Defender Services. In this episode, Clint and Dana discuss the plea bargaining process, criminal trial, pre-trial diversion programs, sentencing and other issues impacting criminal defendants. Clint and Dana also talk about the impact of defendants who have mental illness and are otherwise unable to stand trial. Hosted on Acast. See acast.com/privacy for more information.

In part 1 of this episode, Clint talks with Dana Eddy, Executive Director of Public Defender Services. Clint and Dana talk about the pretrial procedure in criminal law. This episode is part 1 of a 2 part focus on criminal law in the State of West Virginia. Clint and Dana discuss and provide an overview of the pre-trial process including arrest warrants, indictments and what is needed to post bond as well as the services provided by the public defenders. Hosted on Acast. See acast.com/privacy for more information.

In this edition of What's the Law Say?, Clint visits with pro bono attorney Walt Auvil to discuss employment law. They talk through things that are illegal for an employer to do and outline what rights an employee has. Clint and Walt talk about the rights and obligations of employees and employers and discuss numerous ways an employee can enforce their rights including the department of labor, the human rights commission, a grievance procedure or civil litigation. Hosted on Acast. See acast.com/privacy for more information.

In this episode of What's the Law Say, Clint talks with Wheeling Attorney Andrew Beatty about unemployment compensation benefits. They talk about who is eligible for unemployment, actions that can make an employee ineligible, and how the process works when you apply for unemployment benefits including the initial deputy decisions, the hearing before an Administrative Law Judge, and appeal options available to the employee and the employer. Clint also makes goofy jokes. As always, if you need more help with this issue, please apply for help from Legal Aid of WV by calling 866-255-4370, or you can learn more at www.legalaidwv.org. Hosted on Acast. See acast.com/privacy for more information.

In this episode of What's the Law Say, Clint visits with housing attorneys Katie Ackerman and Carolyn Beyer. They discuss the warranty of habitability implied in all residential rental agreements in the State of West Virginia, meaning in rental housing there is an expectation that the rental property is safe and in good enough condition for the renter to live. This episode discusses what actions would violate the warranty of habitability and what tenants can do when the landlord refuses to make repairs to keep the rental property fit and habitable under West Virginia law. Should you need further assistance in this area, you can contact LAWV at 866-255-4370 to see if your case qualifies for free legal assistance from our attorneys. Hosted on Acast. See acast.com/privacy for more information.

In this episode of What's the Law Say?, Clint chats with Ed Sharpe about the Fair Housing Act, which prevents discrimination against tenants in protected classes. They discuss protections under the Federal Act, as well as West Virginia state law. They define a protected class and they discuss a tenant's rights if they believe they are the victim of discrimination, including discrimination because of a disability. This episode provides resources to file a complaint with the Human Rights Commission in West Virginia or Housing and Urban Development Dept. Hosted on Acast. See acast.com/privacy for more information.

Clint visits with Legal Aid of West Virginia's Access to Services Manager Kate White about Legal Aid clinics, referral partners, and other ways to access LAWV services through phone and online intake. Kate and Clint also chat about information needed to apply for services, persons who may be eligible, and types of cases that are eligible for services from LAWV. More information is at legalaidwv.org Hosted on Acast. See acast.com/privacy for more information.

In this episode of What's the Law Say?, Clint visits with Melissa Coffman to discuss the WV Works program and the partnership with LAWV. WV Works, known as TANF in the past, is a program designed to assist low income families to develop necessary job skills and provides additional tools to help recipients become self-sufficient. LAWV partners with this program to provide necessary legal assistance to eligible families to assist in addressing legal issues that create barriers to self-sufficiency. Hosted on Acast. See acast.com/privacy for more information.

Clint continues his discussion with Sarah Brown, Executive Director of Mountain State Justice. They dive deeper into issues relating to mortgage foreclosure and discuss options available to borrowers to avoid foreclosure such as loan modifications and deed in lieu of foreclosure. They also discuss the foreclosure process to assist anyone in the process to better understand the rights afforded to borrowers. Our thanks to Sarah Brown and Mountain State Justice for joining us on this edition of What's the Law Say? Hosted on Acast. See acast.com/privacy for more information.

In this edition of What's the Law Say, Clint visits with Sarah Brown, Executive Director of Mountain State Justice. Mountain State Justice is a non-profit law-firm that assists consumers in debt collection cases and foreclosure defense on behalf of debtors. In this episode they discuss general consumer law protections including in cases of consumer credit cards, car loans and other secured transactions. They cover general protections for consumers outlined in both federal and West Virginia law as it relates to unfair debt collection practices. This is part 1 of a 2 part series. Part 2 will focus primarily on foreclosure law. Hosted on Acast. See acast.com/privacy for more information.

In this special Veteran's Day edition, Clint visits with Phillip Pham, Veteran's attorney at LAWV. They discuss issues specific to those who have served our country including the ability to upgrade a discharge, how to apply for Veteran's benefits and guidance from the VA and the Pact Act that may increase eligibility for veteran's benefits for many veterans. Many veterans should consider re-applying for benefits based on this guidance. Hosted on Acast. See acast.com/privacy for more information.

Clint talks with Andy Nason, President of LAWV's Board of Directors and practicing bankruptcy attorney. They chat about how a bankruptcy court can discharge debt and, in some cases, reorganize debts. They cover the differences between Chapter 7 and Chapter 13 bankruptcy and what it takes to be eligible to file bankruptcy. They also discuss the differences between secured debts (i.e. real estate, cars, even furniture) and unsecured debts. Hosted on Acast. See acast.com/privacy for more information.

Clint visits with John Williams, former transactions law attorney, about the basics of starting a business in West Virginia. John and Clint cover corporate entities available in West Virginia, including partnerships, LLC, and corporations. They also discuss tax implications and other pros and cons of these options. More information about how to start your own business can be found at business4wv.gov. Hosted on Acast. See acast.com/privacy for more information.

Clint and attorney Brendan Wood discuss West Virginia's medical cannabis law including the interplay with federal law, pitfalls for recipients and application process. They also cover the distinctions between Medically Assisted Treatment (MAT) and medical cannabis and provisions to protect people receiving treatment in recovery. Resources that are mentioned and may be helpful can be found at: FAQ - Patients_Caregivers_03.18.21_Final.pdf (wv.gov)Act/Rules (wv.gov)MED-MARIJUANA.PDF (hud.gov) Hosted on Acast. See acast.com/privacy for more information.

Clint is joined by LAWV staff attorney Rachel Fetty to discuss the Medicaid program in West Virginia. They talk about the appeals process, what Medicaid covers, low-cost health insurance, how it interacts with other insurances and appealing a denial of Medicaid or of any service Medicaid didn't cover that your doctor deemed a medical necessity. They also talk about reviews pending from the unwinding of COVID-19 pandemic aspects of Medicaid. Hosted on Acast. See acast.com/privacy for more information.

Clint Adams and LAWV attorney Kira Maunz talk about Social Security benefits, specifically what happens when someone receiving benefits gets an overpayment notice, meaning Social Security has overpaid their benefits and oftentimes are asking the person receiving benefits pay them back. Kira and Clint talk about how to work with the Social Security Administration (SSA) to stop overpayments or handle the overpayment once you get a notice. Kira also discusses what kinds of benefits and decisions are made at SSA. Hosted on Acast. See acast.com/privacy for more information.

Clint Adams is joined by Legal Aid of WV attorney Vanessa Beam to discuss Social Security and Supplementary Security Income (SSI) Benefits. What steps should you take to apply for these programs? What is a “compassionate allowance” or a “fast track” plan? At what point are you eligible to receive Social Security benefits? What do you need to prove eligibility for SSI? What does a Continues Disability Review (CDR) entail and how often are they conducted? Hosted on Acast. See acast.com/privacy for more information.

Clint visits with Stephanie Coleman, program director of West Virginia University College of Law Taxpayer Clinic. They cover lots of tax issues including how to claim missing stimulus payments, how to correct errors and how to handle debt to the IRS. What should you do with the letters the IRS sends you and at what point should you seek legal assistance? What are the W2 and 1099 forms and which should you fill out? When is the deadline to file your taxes and how can you request an extension? To apply for services from the clinic go to law.wvu.edu/clinical-law/clinics. If you need assistance with completing your 2022 taxes, consider a VITA volunteer at irs.treasury.gov/freetaxprep or 800-906-9887. Hosted on Acast. See acast.com/privacy for more information.

Clint Adams and Cathy Townsend-Estep discuss the DHHR's Supplementary Nutritional Assistance Program (SNAP), commonly known as Food Stamps. Learn how to apply for SNAP and how to check how much you are eligible for based on income and assets. What form do these benefits come in and what are you able to purchase with them? Learn about new guidelines post COVID-19 pandemic and potential work requirements for certain recipients. Hosted on Acast. See acast.com/privacy for more information.

Marie Bechtel joins Clint Adams to discuss options for West Virginians seeking to seal their past criminal records, a process known as expungement. Which crimes are eligible for expungement, and which are not (DUIs, crimes against child or elderly victims, violence, etc.). At what point do you become eligible for a record expungement and how does completion of a Substance Use Disorder Recovery Program alter this? Who must you inform that you are seeking to have your record expunged? What expectations should you keep in mind during the process? Hosted on Acast. See acast.com/privacy for more information.

Clint Adams and Legal Aid of WV attorney Marie Bechtel share information for West Virginians looking to get their driver's license for the first time or to get a reinstatement after a suspension or revocation. Learn about the two tests needed to receive this type of identification and what documents you should bring with you to your appointment. How can you get assistance if you do not have the necessary documents needed for a driver's license? How should you navigate the drivers' license points system? What options do you have for paying outstanding fees with the courts before you are eligible for reinstatement? Hosted on Acast. See acast.com/privacy for more information.

Behavioral Health Advocate Rooney Reed joins Clint Adams to discuss Mental Health Treatment facilities in West Virginia, also known as Inpatient Psychiatric Care Facilities. Hear about the court hearing process that may result in a recommendation of being admitted to a Mental Health Facility. Learn about the methods of providing medication and therapy to prepare residents for reentering the community. What rights do residents have regarding clothing, visitors, media, etc.? Hear about the various programs and vocational training offered at these facilities. Hosted on Acast. See acast.com/privacy for more information.

Clint Adams is joined by Long-Term Care Ombudsman Ed Hopple to discuss how long-term care Ombudsmen (non-attorney patient advocates) work to ensure the rights of residents in nursing home, assisted living, and other long-term care facilities are fully maintained. Learn about what may take place during an ombudsman's visit, who they may speak with, and different ways they can advocate for the rights of residents or empower residents to advocate for themselves. Hear about reasons a facility may discharge or relocate a resident and steps to appeal. Hosted on Acast. See acast.com/privacy for more information.

Clint Adams and James Lindsay, Chair of the Financial Exploitation Task Force at Legal Aid of WV, share information on financial exploitation. Financial exploitation refers to the intentional misappropriation of finances or wealth belonging to elderly, disabled, or incapacitated individuals. What does it mean to have a fiduciary relationship with someone, in terms of finances? What are the responsibilities this type of relationship entails? What are some indicators of financial exploitation to be aware of? Hosted on Acast. See acast.com/privacy for more information.

Legal Aid of WV's Supervising Attorney for the Behavioral Health Advocacy Project, Jacki Schwaben, joins Clint Adams discuss different options for transferring control of legal, medical, and financial decisions for individuals over the age of 18 to another adult. This episode covers Guardianship, Conservatorship, and Power of Attorney. What are the steps to file for any of these options? Who is qualified to be a conservator or guardian of an adult? What steps can you take to terminate guardianship if the situation has changed? Hosted on Acast. See acast.com/privacy for more information.

Attorney Bill Saviers joins Clint Adams to discuss factors of creating a will, a legal document that states what to do with one's estate at their time of death. Hear about what should be included in a will, such as addressing specific items, establishing trusts, and determining guardianship of children. Learn how to get a will notarized or revoked. How often should you update your will? What does it mean to have a “living will” or “medical power of attorney?” Hosted on Acast. See acast.com/privacy for more information.

Clint Adams and attorney Leah Smith explain the role of a family court Guardian ad litem, an attorney appointed to represent a child's best interest, in West Virginia. These attorneys are often appointed in cases of alleged child abuse, drug use, or domestic violence. They are tasked with investigating abuse by interviewing all relevant parties and records relevant to the child and offering their well-informed suggestion of where the court should place them. Although these opinions carry weight in the courts, the judge ultimately has final say in placing the child, so learn what your options are if you disagree with the opinion of the guardian ad litem. Clint and Lea also share tips for attorneys taking on the role of guardian ad litem. Hosted on Acast. See acast.com/privacy for more information.

Clint Adams is joined by attorney Angie White to discuss options for childcare responsibility in the state of West Virginia. Learn about Temporary Care Agreements, Guardianships, and Adoptions. Clint and Angie share how to file for custody, which cases would be suited for family court versus circuit court, and steps to take to terminate a guardianship agreement. Hosted on Acast. See acast.com/privacy for more information.

Attorney Aimee Goddard joins Clint Adams to explain the role of Child Protective Services (CPS) and various options for relocating a child in cases of abuse or neglect. Learn about the purpose and responsibilities CPS has in investigating allegations, removing children from harmful environments and finding the best possible new home. Learn about guardians' rights to an attorney in CPS cases and options for different parties such as an Improvement Period, Legal Guardianship, or Motion to Intervene. Additionally, learn about the Foster Care system and factors to consider if you are thinking of becoming a foster parent in West Virginia. Hosted on Acast. See acast.com/privacy for more information.

Clint Adams and advocacy manager at Legal Aid of WV, Matt Jividen, discuss how to successfully rent a property and maintain a good relationship with those you are renting from. Hear about the importance of regularly communicating with your landlord, documenting conditions at move-in, and keeping records of correspondence. Learn about the purpose of a security deposit and how to increase the likelihood of getting it returned at the end of your rental period. Hosted on Acast. See acast.com/privacy for more information.

Legal Aid of WV's Supervising Attorney for the Legal Help for Renters Program, Katie Marcum, joins Clint Adams to guide listeners through Housing Law in West Virginia. They cover what subsidized housing is and who is qualified for it. What are the reasons tenants may be evicted from public housing and how can you use a “fair hearing” to challenge eviction? What is a Section 8 Housing Voucher and are all landlords required to accept them? What is a Land Contract and what are the pros and cons of engaging in one? Become informed on habitability guidelines all landlords are required to abide by- regardless of the amount of rent tenants pay them. Hosted on Acast. See acast.com/privacy for more information.

Clint Adams is joined by Project Supervisor Richard Morris to speak about Legal Aid of WV's Lawyer in the School Program. This program is designed to increase accessibility to free legal services by placing attorneys in a school environment where they can meet with both guardians and older students about civil legal issues. Attorneys can help clients with a broad range of matters including guardianship, domestic violence, divorces, housing issues, and expungement. Hosted on Acast. See acast.com/privacy for more information.

Clint Adams is joined by attorney Melissa Kahle to discuss what steps you can take if your child has been denied Special Education services. How and when should you file a state complaint or Due Process Complaint? How can you have an independent evaluator or impartial hearing officer assess the situation? What are the benefits of holding a Resolution Meeting between the guardians of the child and the school when a plan is finally established? Hear advice on how to navigate the Special Education Process to get your child the education plan they are entitled to in this episode. Hosted on Acast. See acast.com/privacy for more information.

Patricia DiFranco, attorney for the Family Advocacy Support & Training Program (FAST) at Legal Aid of WV, joins Clint Adams to speak about options for students seeking Special Education Programs in West Virginia schools. Learn about both 504 plans, derived from section 504 of the Rehabilitation Act of 1973, and Individualized Education Plans, or IEPs. Who is responsible for determining if your child qualifies for these programs? What are the differences between the two and which is right for your child's needs? How can your child receive a Temporary 504 plan if they have a concussion, broken limb, or other temporary condition? Hosted on Acast. See acast.com/privacy for more information.

Clint Adams and guest attorney Deana Cummings give an overview of Special Education in West Virginia schools. Eligible students have the right to specialized instruction at no cost to the guardians to accommodate their specific needs. Learn about the behavioral signs that your student may benefit from special education, such as a drastic change in grades, disinterest in attending school, and disciplinary issues. Hear about the process of going through your child's school's Student Assistance Team (SAT). Clint and Deana share advice on how to best advocate for your child's education in often intimidating scenarios. Hosted on Acast. See acast.com/privacy for more information.

Clint Adams and guest attorney Dominque Razzook discuss what domestic violence is and how to obtain a Domestic Violence Protective Order (DVPO) if you are a victim of domestic violence. Which relationships qualify as “domestic?” What are the steps needed to apply for a DVPO? When can you seek this service? What are some options if you are experiencing social or behavioral domestic violence? Hosted on Acast. See acast.com/privacy for more information.

In this episode, Clint Adams is joined by attorney Molly Russell to discuss child support and modifying a child custody agreement. What are the steps to apply for child support through the BCSE (Bureau of Child Support Enforcement)? How do different factors, such as a guardian having a disability or being incarcerated, affect awarded child support? What should you do if you have a substantial financial change, such as losing a job? What are your options for modifying custody if one guardian is planning to move to another location either in state or out of state? Hosted on Acast. See acast.com/privacy for more information.

Clint Adams is joined by Courtney Klus, leader of the Family Law Task Force at Legal Aid of WV, to discuss factors of sharing child custody between separated guardians. When the courts automatically favor 50/50 custody between guardians, what arguments and evidence can be used to alter this custody division? Can older children share their preferences with the court? What are the benefits of getting a guardian ad litem (an attorney that represents the child's best interest in a custody case) or a mediator? Clint and Courtney share tips on creating a parenting plan. This episode also covers potential actions to take if you are not satisfied with the judge's decision. Hosted on Acast. See acast.com/privacy for more information.

Lorraine Eckard joins host Clint Adams to discuss the basics of the divorce process and the dividing of property between parties in accordance with West Virginia law. What are the legal reasons, or grounds, to file for divorce and what evidence is needed to meet certain grounds? What is an appraisal and how is it important for equally dividing property? What distinguishes marital property from individual property? Clint and Lorraine answer all this and more in episode one of “What's the Law Say?” Hosted on Acast. See acast.com/privacy for more information.