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...
Aug 20, 2024•30 min•Ep. 40
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....
Aug 07, 2024•30 min•Ep. 39
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...
Aug 07, 2024•33 min•Ep. 38
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/...
Jun 28, 2024•30 min•Ep. 37
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 mor...
May 09, 2024•30 min•Ep. 36
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 ...
Apr 24, 2024•30 min•Ep. 35
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 Commissio...
Mar 25, 2024•30 min•Ep. 34
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....
Feb 15, 2024•30 min•Ep. 33
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....
Jan 30, 2024•30 min•Ep. 32
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 Wha...
Nov 17, 2023•38 min•Ep. 31
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 a...
Nov 17, 2023•29 min•Ep. 30
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....
Nov 03, 2023•31 min•Ep. 29
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 informatio...
Oct 11, 2023•31 min•Ep. 28
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....
Sep 12, 2023•30 min•Ep. 27
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) Hos...
Jun 28, 2023•31 min•Ep. 26
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 informa...
May 31, 2023•31 min•Ep. 25
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 ar...
May 16, 2023•30 min•Ep. 24
Clint Adams is joined by Legal Aid of WV paralegal 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 fo...
Apr 28, 2023•30 min•Ep. 23
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 ...
Mar 07, 2023•30 min•Ep. 22
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....
Mar 04, 2023•30 min•Ep. 21
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 expecta...
Mar 04, 2023•31 min•Ep. 20
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...
Mar 04, 2023•31 min•Ep. 19
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...
Mar 04, 2023•26 min•Ep. 18
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 di...
Mar 04, 2023•30 min•Ep. 17
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 b...
Mar 04, 2023•31 min•Ep. 16
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 guardiansh...
Mar 04, 2023•30 min•Ep. 15
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/priva...
Mar 04, 2023•27 min•Ep. 14
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 ...
Mar 04, 2023•31 min•Ep. 13
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.
Mar 04, 2023•30 min•Ep. 12
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 Interven...
Mar 04, 2023•34 min•Ep. 11
