Elder Abuse Laws in West Virginia

West Virginia protects an 'incapacitated adult' (anyone 18 or older who, because of advanced age or infirmity, cannot carry out daily activities needed to sustain life and health). Neglect, gross neglect and abuse are misdemeanors (up to 1 year in jail, with $100 to $500 fines); they become felonies when they create a substantial risk of serious bodily injury or death (1 to 5 years), cause bodily injury (2 to 10 years) or cause serious bodily injury (3 to 15 years); causing death carries 5 to 15, 5 to 25 or 5 to 40 years depending on the conduct. Financial exploitation of a person 65 or older, a protected person or an incapacitated adult is a misdemeanor under $1,000 (up to 1 year and/or $1,000) and a felony at $1,000 or more (2 to 20 years and a fine up to $10,000), with restitution.

West Virginia's rule on court-appointed lawyers: An applicant completes the financial affidavit prescribed by Public Defender Services, which serves as the application for publicly funded representation. Eligibility is determined (by the trial court administrator's office, a designated public defender office employee, or a circuit judge) under financial eligibility guidelines set by the agency, considering factors such as income prospects, liquid assets, fixed debts, family members' age or infirmity, efforts to obtain private counsel, the cost of private counsel and bail arrangements. Representation may not be denied unless the person can obtain counsel without undue financial hardship. After an adverse judgment, the court may order repayment of appointed counsel's compensation and expenses only if the person can pay without undue hardship. W. Va. Code § 29-21-16

Lawyers set their own fees, and West Virginia has rules on how they may charge. See hiring a criminal defense lawyer in West Virginia for fee rules, how to check a lawyer's license and free help.

How release before trial works in West Virginia: A person charged with an offense not punishable by life imprisonment shall be admitted to bail by the court or magistrate; for an offense punishable by life imprisonment, bail is in the discretion of the court that will try the offense. A judicial officer shall release a person charged with a misdemeanor on his or her own recognizance except for good cause shown, but this presumption does not apply to misdemeanors involving violence or threats, a minor victim, a deadly weapon, controlled substances, sexual abuse, specified DUI-related offenses, or auto tampering, petit larceny or stolen property over $250. Otherwise the person is entitled to bail on the least restrictive conditions needed to assure appearance and public safety (such as supervision, home incarceration or electronic monitoring, no-contact orders, a cash bond or a bail bond with sureties). Factors include ability to pay, the nature and number of offenses, potential penalty, violence, prior record, character, health, residence, reputation, strength of the evidence, pending release status and past bail forfeitures. Cash bail for misdemeanors may not exceed three times the maximum fine. A person held on a misdemeanor because he or she cannot meet a secured bond must get a hearing within five days of the initial bail setting. The bail amount or a denial of bail may be challenged by summary petition to a higher court. W. Va. Code §§ 62-1C-1, 62-1C-1a What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See West Virginia expungement and record sealing rules.