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/.

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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. 

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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.  

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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. 

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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.

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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.

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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. 

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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 

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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. 

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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?  

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