Latest / WCHS Network Podcasts / 12/11/2025 Ask the Lawyer with Tom Peyton

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12/11/2025 Ask the Lawyer with Tom Peyton · WCHS Network Podcasts

0:00
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Speaker 2: The views and opinions expressed on this program do not
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0:34
Speaker 2: When Lass come here in a capony can Rocke twenty
0:45
Speaker 2: three minutes past the hour. You're listening to the place
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Speaker 2: where you can put the power of Payton on your side,
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Speaker 2: and you can do it this morning. Three zero four
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Speaker 2: three four five fifty fifty eight three four five fifty
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Speaker 2: eight fifty eight. Tom Payton is in studio with us
0:56
Speaker 2: this morning, Payton Law from one line p uy t
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Speaker 2: U and Payton Law Froom dot com and Nitro West Virginia. Tom,
1:01
Speaker 2: Good morning, how you doing this morning? Doing great?
1:03
Speaker 3: Nice smooth ride in this morning for anybody else coming
1:06
Speaker 3: in that was really Uh had some bad weather, but
1:11
Speaker 3: it was a nice traveling today from hurricane to Charleston,
1:15
Speaker 3: So that gives me a good feeling sitting here.
1:18
Speaker 2: We'll see if we get any any additional weather as
1:20
Speaker 2: the having looked at.
1:21
Speaker 3: The forecast, it's it was above freezing this morning when
1:24
Speaker 3: I came in. But they're not doing well. Doing well.
1:27
Speaker 3: The you don't have to fight the law. If you
1:30
Speaker 3: don't want to, you can give us a call, but
1:32
Speaker 3: the law on your side.
1:35
Speaker 2: I know.
1:35
Speaker 3: Last week I was, I was out of ten and
1:38
Speaker 3: Dad covered the show, and of course we talked about
1:42
Speaker 3: a little bit of the high school state championship. Nitro
1:44
Speaker 3: made it and uh just fell what it was a
1:49
Speaker 3: heck and yeah, it was a heck of a game,
1:52
Speaker 3: and I don't the coach for you know, Nitro came
1:55
Speaker 3: back to in essence tie, they were down by seven,
1:59
Speaker 3: but they had a lot of injuries and decided to
2:05
Speaker 3: go for two and try and win the game essentially
2:07
Speaker 3: I think a minute left or something, and unfortunately didn't
2:10
Speaker 3: didn't make and Princeton got the win. Although Princeton has
2:14
Speaker 3: this I think Brad Mosser, Yeah, I mean he just
2:17
Speaker 3: won the metro times during the broadcast because he I
2:20
Speaker 3: mean he had I think five touchdowns well over one
2:23
Speaker 3: hundred yards receiving and rushing with I'm not sure that
2:26
Speaker 3: he'll be a one a college level kid. He's just
2:29
Speaker 3: one of those workhorses that seemed to me, and a
2:31
Speaker 3: and a winner on Princeton. So congratulations to the Princeton
2:35
Speaker 3: Tigers for one in the Triple A.
2:37
Speaker 2: But I was out of town, so I had to watch.
2:39
Speaker 3: I watched the game on the WV Metro News broadcast,
2:43
Speaker 3: and I want to really compliment them because Fred was
2:48
Speaker 3: on there. Jeff was reporting. I forget who the other
2:51
Speaker 3: was it. Somebody else was played by play with with
2:56
Speaker 3: with Fred, and it was It was good, of course,
2:58
Speaker 3: but just really the the quality of the production.
3:01
Speaker 2: The broadcast was a really job. Yeah, I was watching
3:04
Speaker 2: it out.
3:05
Speaker 3: Of state and it was just picture perfect, good camera work.
3:09
Speaker 3: And I guess I juxtaposed that to I'll watch Trump
3:12
Speaker 3: if we have any local flavor. I trying to watch
3:14
Speaker 3: the state championships. I've watched volleyball. Buffalo High School done
3:18
Speaker 3: and Puttm County has had a really good volleyball team
3:20
Speaker 3: the last few years. Soccer Hurricane made it and we
3:23
Speaker 3: won the state championship and has made it there the
3:24
Speaker 3: last two or three years. I've watched that, and there's
3:28
Speaker 3: a somehow I guess the ssa C has that contracted
3:31
Speaker 3: out with some kind of national provider and if any
3:36
Speaker 3: parents or fans watched that broadcast, h it's just not
3:41
Speaker 3: necessarily commentators. They get some local folks to do that
3:44
Speaker 3: who do a decent job or a good job. But
3:47
Speaker 3: the production and broadcast is just nothing compared to w
3:50
Speaker 3: B metrics or skips in it. You get delays, then
3:54
Speaker 3: all of a sudden it would fast forward, you know,
3:57
Speaker 3: jump forward and you've missed action. But whoever it was
4:01
Speaker 3: doing the production, I mean it was crystal clear, no glitches.
4:04
Speaker 3: I was watching on kind of a beggar screen TV
4:07
Speaker 3: and it just really was. It was a good broadcast.
4:10
Speaker 3: So qdos to w Metro News. Maybe I don't know
4:12
Speaker 3: if you guys do the basketball tournament or or how
4:15
Speaker 3: that works, but boy, if if there's a way to
4:18
Speaker 3: get some of the other sports other than in football,
4:22
Speaker 3: and you guys do the state championship games, that would
4:25
Speaker 3: be really good and it's free.
4:28
Speaker 2: Yeah exactly, and you give it on a Metro News TV.
4:30
Speaker 2: I think that the basketball tournament will be on there
4:32
Speaker 2: again this year, so you'll be able to watch it
4:34
Speaker 2: sometimes the Yeah, and it depends on how the s
4:38
Speaker 2: SA see what the broadcast the TV rights. We always
4:40
Speaker 2: have it on the radio, and it's changed a little
4:42
Speaker 2: bit at time to time with the TV rights for it.
4:44
Speaker 2: But I believe this year that's they're uh, they're going
4:46
Speaker 2: to be broadcasting. Yeah, those are those are very uh
4:49
Speaker 2: it's nice to see our high school players in four
4:52
Speaker 2: k hot toff. You know, professional broadcast. The Pikewood folks
4:56
Speaker 2: that the people from Metro News that that do that
4:58
Speaker 2: do stuff for ESPN and stuff all the time. So
5:00
Speaker 2: I mean they're at a they're at that level where
5:01
Speaker 2: they're contracted out to do things for these national company.
5:04
Speaker 2: They do a good job with it.
5:05
Speaker 3: And it's a financial deal too, because uh, you know,
5:07
Speaker 3: I know from I see the viewership when I sponsored
5:10
Speaker 3: some streaming of uh soccer, and you know, I can
5:17
Speaker 3: see the viewership and I see how many watches are.
5:18
Speaker 3: It's a good thing about streaming. You can see exactly
5:20
Speaker 3: how many people are watching. And of course football UH
5:23
Speaker 3: is it's a lot more viewers and probably any other sport,
5:27
Speaker 3: but certainly you know, volleyball and soccer and uh basketball
5:31
Speaker 3: is probably up there as well, and so just maybe
5:33
Speaker 3: a financial thing, but if if the w V S
5:37
Speaker 3: S a C has the ability to change that. Because
5:40
Speaker 3: the other the national entity as well, you know, you
5:43
Speaker 3: have to buy a subscription to to watch it. It's
5:45
Speaker 3: a little confusing to get on there because it's national
5:47
Speaker 3: and you got to find you know, find your team
5:51
Speaker 3: and your state championship in order to to watch it.
5:54
Speaker 3: But uh, anyways, a great It was a really good broadcast.
5:57
Speaker 3: The result wasn't what I wanted in that game, but
5:59
Speaker 3: had a good time watching it while I was out
6:01
Speaker 3: of town, felt like I was there.
6:02
Speaker 2: Yeah, Yeah, it was a good It was a good game.
6:04
Speaker 2: It was a shame. I did a pregame for Nitro
6:06
Speaker 2: getting ready for it, got to talk to j row
6:08
Speaker 2: House and some folks and and man, it was just
6:10
Speaker 2: so close, you know. I mean, it's a shame with
6:12
Speaker 2: two point conversion away. But one of the better state
6:14
Speaker 2: championship games I can remember for quite some time.
6:17
Speaker 3: Has a lot of talent. We'll see I think they
6:18
Speaker 3: graduate some and see what happens next year. But yeah,
6:24
Speaker 3: and talking about community things, I yeah, of course, I
6:28
Speaker 3: guess I can talk about what I want here since
6:29
Speaker 3: I pay for the time.
6:30
Speaker 2: Yeah, absolutely, man, but if you have a.
6:32
Speaker 3: Legal question or comment or anything else we're talking about,
6:35
Speaker 3: you can certainly give us a call. We'd glad to
6:37
Speaker 3: take take the call if we get some questions or commentary.
6:40
Speaker 3: But one thing I've talked about, I've been on the
6:46
Speaker 3: board of directors for the Dumont Track County YMCA, which
6:51
Speaker 3: is down Scott deept And for probably twenty years, and
6:56
Speaker 3: been the president here for a few years running. And
6:59
Speaker 3: we're doing some really good things down there. And then
7:02
Speaker 3: of course there's the Canal YMC of the Kanaal Valley
7:04
Speaker 3: here in Charleston. I think they have a satellite location
7:07
Speaker 3: in Cross Lanes as well, and their executive director did
7:11
Speaker 3: a little op ed in the Gazette and I was
7:14
Speaker 3: aware of this issue. But one of the really good
7:18
Speaker 3: things we do with the you know, it's much more
7:20
Speaker 3: than a gym. Of course, we have an indoor pool
7:22
Speaker 3: and a lot of programs there for kids and families
7:25
Speaker 3: and things like that, so you get much more than
7:28
Speaker 3: just going to your average twenty four hour fitness center.
7:31
Speaker 3: But one of the things we do that I'm really
7:32
Speaker 3: proud of is in Putnam County, we offer we offer
7:37
Speaker 3: to the extent we can staff it, which isn't always easy.
7:40
Speaker 3: But we offer for aftercare for every elementary school. So
7:47
Speaker 3: you know, if you have a child that that goes
7:49
Speaker 3: to any elementary schools where we offer aftercare, you can
7:54
Speaker 3: leave your child there and not have to worry about
7:56
Speaker 3: how they're going to get home from school right after
7:57
Speaker 3: on the bus and who will be there with them
8:00
Speaker 3: or picking them up, because we offer care right there
8:03
Speaker 3: in the school system, and the school board has been
8:05
Speaker 3: good to work with us to keep that going.
8:11
Speaker 2: A lot.
8:11
Speaker 3: And so you know, you can come when you get
8:13
Speaker 3: off work five thirty six and pick your child up
8:15
Speaker 3: and we have a well vetted, you know, folks there
8:21
Speaker 3: to help the kids, and they do constructive things. But
8:26
Speaker 3: the you know, we have a lot of folks who
8:32
Speaker 3: are just getting by maybe paycheck to paycheck or very
8:35
Speaker 3: little income, and of course with problems we have, you
8:38
Speaker 3: got a lot of grandparents and things like that raising kids,
8:41
Speaker 3: especially young kids that age. And so a decent amount
8:45
Speaker 3: of the funding for that program is through a system
8:47
Speaker 3: called link, which is a government subsidy, and so we
8:51
Speaker 3: get a daily payment per child that stays in the
8:56
Speaker 3: aftercare program. Now it's a I can't remember the rate
9:00
Speaker 3: per day per child, but it hasn't been adjusted in
9:03
Speaker 3: twenty years, so we'll just say it hasn't kept up
9:05
Speaker 3: with inflation, which is fine. But what's happened recently, I
9:12
Speaker 3: think it maybe goes retroactive to the beginning of this
9:14
Speaker 3: school year. There's been kind of a what's been termed
9:17
Speaker 3: a clarification, maybe a reinterpretation of the manner in.
9:22
Speaker 2: Which we get reimbursed.
9:24
Speaker 3: And and I just think it's our legod program because
9:27
Speaker 3: when the legislature's in session, I think consistently over the
9:31
Speaker 3: last couple of years, there's been discussion and even bills introduced.
9:35
Speaker 3: You know, one of the problems with workforce participation is well,
9:39
Speaker 3: what do we do with our kids? I mean, if
9:41
Speaker 3: you're working a job that is equal to or not
9:47
Speaker 3: much above minimum wage, it's real hard to justify that.
9:53
Speaker 3: When you have to pay a large amount for childcare
9:56
Speaker 3: or can't find childcare at all, that's that's quality. You
10:02
Speaker 3: see a lot of value in the program. But this clarification,
10:05
Speaker 3: what it did is it will no longer reimburse for
10:12
Speaker 3: a child unless one day a month they stay four
10:15
Speaker 3: hours in the after school aftercare program, which you can
10:20
Speaker 3: do the math I mean kids. I think two thirty
10:23
Speaker 3: three o'clock is when they normally get out of school,
10:25
Speaker 3: and of course parents need to come pick them up
10:27
Speaker 3: after work, so you're looking at five to six o'clock
10:29
Speaker 3: normally makes it in a lot of situations virtually impossible.
10:33
Speaker 3: To get to the new clarification, you have to have
10:37
Speaker 3: four consecutive hours any one day a month or you
10:42
Speaker 3: don't get any reimbursement for that child. And that's a
10:45
Speaker 3: new interpretation. It was as long as they were in
10:47
Speaker 3: the aftercare program, you know, you got your per day reimbursement.
10:51
Speaker 3: So Sarah, I think her last thing's Bolliard. She's the
10:55
Speaker 3: CEO of the Canall Valley Wide. I did a really
10:57
Speaker 3: good op at in the gazette, so if you have
10:59
Speaker 3: a chance to read it and give some more details.
11:01
Speaker 3: But this is going to be a real, real problem
11:05
Speaker 3: at some point because we need that funding to keep
11:09
Speaker 3: these programs going. So if anybody, I guess I'm looking
11:11
Speaker 3: for maybe a little bit bit of help, If anybody
11:13
Speaker 3: in the legislature is listening, or you have some connection
11:16
Speaker 3: with a local legislator, this is.
11:19
Speaker 2: A really valuable program.
11:20
Speaker 3: And the fact they haven't increased the reimbursement rate for
11:26
Speaker 3: since I can remember. I think it's been well over
11:28
Speaker 3: a decade. I'll say twenty years. That may be a
11:30
Speaker 3: little longer than they've adjusted it. But we need a
11:33
Speaker 3: re re clarification to get this back to the way
11:36
Speaker 3: it was. If anybody out there is listening and participates
11:40
Speaker 3: or utilizes that program, or maybe you did in the
11:42
Speaker 3: past and it helps you think about it, If you
11:44
Speaker 3: have some connection to a local member the legislature, maybe
11:47
Speaker 3: reaching out and see if we can put some pressure
11:50
Speaker 3: to get this re clarify. I don't think the legislature
11:53
Speaker 3: changed anything. I'm not really sure about the process. I
11:57
Speaker 3: assume there's a rule that's been reinterpreted. I mean it's
12:00
Speaker 3: administered through the Department of Human Services, so I'm not
12:04
Speaker 3: sure whether that came from the Governor's office down or
12:07
Speaker 3: was an internal reinterpretation somewhere administratively. But yeah, if you
12:13
Speaker 3: got some connections there, maybe make some calls or send
12:16
Speaker 3: some emails, see if we can get that reclarified, and
12:19
Speaker 3: maybe going into next year or maybe next semester, we
12:22
Speaker 3: can get that straightened out. Because you know the why
12:24
Speaker 3: in Tays Valley that where I'm the president of the board.
12:28
Speaker 3: I mean, we'll get by I at least I think
12:32
Speaker 3: speaking on behalf of the board. And you know, we
12:33
Speaker 3: value that program significantly for the community, so we'll keep
12:37
Speaker 3: doing it as long as we can. But it's you know,
12:39
Speaker 3: over the last ten years or so, with the increase
12:42
Speaker 3: in caught big box store type gyms and things like that,
12:47
Speaker 3: it's it's put a little bit of a hit on
12:49
Speaker 3: the on the local YMCAs and I don't know, grants
12:53
Speaker 3: and funding from the federal level doesn't look like it's
12:55
Speaker 3: going to increase anytime real soon. So we need a
12:57
Speaker 3: little help there. And if you're out there listening to
12:59
Speaker 3: have some connects, maybe put some pressure on it and
13:01
Speaker 3: see if we can get the political media moving.
13:05
Speaker 2: Back in the right direction. That just I mean, I'm
13:08
Speaker 2: not an expert on these things, but it seems like
13:10
Speaker 2: this is the type of thing that feeds into when
13:11
Speaker 2: we talk about the grandparent tax that we have here
13:14
Speaker 2: in West Virginia, where grandparents do such a heavy lifting
13:18
Speaker 2: when it comes to babysitting basically and watching kids and
13:21
Speaker 2: things like that. I mean, this is one of the
13:22
Speaker 2: reasons you can't afford daycare. There's not enough, there's not
13:25
Speaker 2: enough programs out there for you to get into at
13:27
Speaker 2: a relatively modest rate, and you work for you know,
13:31
Speaker 2: fifteen or eighteen dollars an hour that when you look
13:33
Speaker 2: at that at the cost of healthcare, you just can't
13:36
Speaker 2: or a daycare, you can't do it. I mean you're
13:38
Speaker 2: just paying everything that you're making to go to your care.
13:40
Speaker 2: So you have to find I mean there's got to
13:42
Speaker 2: be some retards.
13:43
Speaker 3: I mean, I feel for folks in that situation. How
13:46
Speaker 3: do you fit that balance? I mean, if you are
13:49
Speaker 3: netting very little by working full time, I mean, it
13:53
Speaker 3: would be enticing to come, you know, stay with your
13:56
Speaker 3: kids when you can, versus going out into the work
13:59
Speaker 3: for and of course we need, we need and wants
14:02
Speaker 3: to do much higher workforce participation and qualified workers. So
14:06
Speaker 3: this is one seems like an easy win, low hanging
14:08
Speaker 3: fruit that we could get back on the table. And
14:11
Speaker 3: and it's so convenient because you don't have to worry
14:14
Speaker 3: about the transport of your child from the school anywhere else.
14:18
Speaker 3: That's where the Board of Education comes in. They allow
14:20
Speaker 3: us to utilize their facilities, which obviously already well equipped
14:24
Speaker 3: to care for the children. And so it's a it's
14:27
Speaker 3: a really great program. I think it helps a lot
14:29
Speaker 3: of people.
14:30
Speaker 2: It seems to make sense. Yeah, it makes sense.
14:32
Speaker 3: So we'll see if we get the meter moving there,
14:34
Speaker 3: maybe we can get that changed up. But I wanted
14:37
Speaker 3: to mention that because I think it's important. So otherwise locally,
14:43
Speaker 3: I see, But Jeff had a in the news this morning,
14:47
Speaker 3: not to shift gears is something completely opposite. But yeah,
14:51
Speaker 3: it was a criminal case up in I think Wood County, Parkersburg,
14:54
Speaker 3: where somebody entered a plea to sex abuse. Unfortunately, and
14:57
Speaker 3: and but part of Jeff's news article was not just that.
15:05
Speaker 2: So there was a plea entered.
15:06
Speaker 3: So the defendant has entered a plea to I think
15:09
Speaker 3: multiple counts because I heard Jeff say, exposes him up
15:12
Speaker 3: to twenty five years in prison. But one of the
15:17
Speaker 3: taglines in the articles that the parent There was no
15:20
Speaker 3: audio of it, but apparently the parents were upset during
15:22
Speaker 3: the plea hearing because the defendant entered what it's called
15:25
Speaker 3: a Kennedy plea. And in essence, I thought I would
15:29
Speaker 3: explain that a little bit. So Kennedy plea. Kennedy's just
15:32
Speaker 3: a name from a case where it kind of came
15:34
Speaker 3: about decades ago. But it's like a no contest please,
15:38
Speaker 3: so when you know, you'll hear oftentimes. In fact, we
15:41
Speaker 3: heard a different one this morning. I think it was
15:43
Speaker 3: a homicide case where the man was having to recite
15:48
Speaker 3: the facts of what he did during his plea agreement,
15:51
Speaker 3: in essence admitting the wrongful conduct. When you do a
15:55
Speaker 3: Kennedy plea or a no contest plea, the defendant doesn't
16:00
Speaker 3: have to provide what they call a factual basis for
16:04
Speaker 3: what they did. They don't have to admit they actually
16:06
Speaker 3: committed the alleged conduct. In essence, they're saying, well, I
16:11
Speaker 3: think the state could prove these charges against me. I'm
16:15
Speaker 3: not gonna admit I did it. I'm gonna go ahead
16:17
Speaker 3: and enter a plea agreement where the judge will find
16:21
Speaker 3: me guilty on one or more accounts, and then the
16:24
Speaker 3: rest of the charges are dismissed. So it's a plea
16:27
Speaker 3: deal where some charges are dismissed. So apparently there was
16:30
Speaker 3: some dissatisfaction with the victims' families because the man didn't
16:37
Speaker 3: you have to admit what he did during the plea hearing,
16:41
Speaker 3: which could be frustrating if your child was a victim.
16:43
Speaker 2: I'm sure However, the.
16:47
Speaker 3: Couple things on the sex abuse type case just to
16:50
Speaker 3: not that we'll make the parents feel any better. But
16:53
Speaker 3: one a new contest plea, the judge still finds the
16:56
Speaker 3: person guilty, so he's going to get it be exposed
17:01
Speaker 3: to exactly the same punishment that he would be exposed
17:04
Speaker 3: to if he admitted that he actually did something. Of course,
17:07
Speaker 3: you can never make a defendant, I mean, go through
17:10
Speaker 3: a trial and a jury could find a defendant guilty,
17:14
Speaker 3: but doesn't mean they ever.
17:16
Speaker 2: Have to say they anything wrong.
17:19
Speaker 3: So I think probably like it is in most of
17:23
Speaker 3: these cases, the prosecutor hast away and balance, you know,
17:26
Speaker 3: the putting a child on the stand is subject across
17:29
Speaker 3: examination sometimes reliving this is not always in the best
17:33
Speaker 3: interest when you can secure a conviction otherwise. So they're
17:36
Speaker 3: going to secure a conviction or convictions depending on the
17:38
Speaker 3: number of charges of guilty, no matter whether it's a
17:41
Speaker 3: Kennedy or no contests clear or not now, and it
17:45
Speaker 3: exposes him to the same maximum time of incarceration. However,
17:54
Speaker 3: sex based defenses are a little bit different. First of all,
17:57
Speaker 3: when there's a no content type plea and there's a
18:02
Speaker 3: people are the victims, you know, there's either a violent
18:05
Speaker 3: crime or something not a crime against property. Then of
18:07
Speaker 3: course one of the factors when the judge decides to
18:09
Speaker 3: sentence somebody is their remorse, is their responsibility? Well, there
18:13
Speaker 3: really can't be in a no contest, please, so he's
18:16
Speaker 3: going to get dang there. The other thing that has
18:20
Speaker 3: been the law for a god since I've been practicing.
18:24
Speaker 3: Whenever there is a sex based offense and a person's
18:28
Speaker 3: found guilty, they are generally prohibited from getting it. They
18:33
Speaker 3: have to be incarcerated unless they have a treatment plan,
18:36
Speaker 3: which involves going to psychologists or psychiatrists that examines them
18:41
Speaker 3: and then you know, assesses things like risk of reoffending
18:47
Speaker 3: and can they be really rehabilitated, are they safe in
18:49
Speaker 3: the public, do they need to have you know, what
18:51
Speaker 3: type of counseling? Other things need to be addressed with
18:54
Speaker 3: this person if they're going to be able to get
18:56
Speaker 3: an alternative sentence like probation. In my experience, and I
19:01
Speaker 3: think it's pretty universal, if if the defendant will not
19:07
Speaker 3: admit the underlying conduct, you can't get a rehabilitation plan.
19:13
Speaker 3: So what this person has not not that the judge
19:17
Speaker 3: would necessarily have done it anyway, but when he refuses
19:21
Speaker 3: to admit the underlying conduct, he has basically foreclosed any
19:26
Speaker 3: alternative sentence, potentially home confinement, but I don't think on
19:29
Speaker 3: a case like this that's going to be an option.
19:31
Speaker 3: So he'll have no chance of probation. So whatever the
19:34
Speaker 3: prison sentence is, if there's more than one charge, it
19:37
Speaker 3: could be the judge could make it consecutive, one sentence
19:40
Speaker 3: after the other, or concurrent where a ser he serves
19:42
Speaker 3: them at the same time. But he will end up
19:45
Speaker 3: going to prison for this charge because he's not admitted.
19:49
Speaker 2: So there's actually some.
19:52
Speaker 3: Solace there, I guess for the victims and their families,
19:54
Speaker 3: and that when he does a no contest play, it
19:56
Speaker 3: basically forecloses the ability to get probation or any alternative
20:00
Speaker 3: where he is not going to be incarcerated.
20:03
Speaker 2: But it's a good explainer. Yeah, I didn't know the details.
20:05
Speaker 2: It wasn't behind that.
20:06
Speaker 3: Yeah, Kennedy, please so, but you know, and you just know,
20:09
Speaker 3: you know, no matter what the evidence is, I mean, well,
20:13
Speaker 3: a lot of times in these sex abuse cases it's
20:17
Speaker 3: there's not a whole lot of objective I wouldn't say objectivestly,
20:22
Speaker 3: but there's not hard evidence as far as DNA things
20:25
Speaker 3: like that, I mean texting videos. I mean, if you
20:29
Speaker 3: have something like that, it's good. But a lot of
20:30
Speaker 3: times it's just a child saying this is what happened
20:33
Speaker 3: to me. And then it's a credibility assessment. And so
20:37
Speaker 3: presume you know, the defendite of course doesn't have to testify,
20:40
Speaker 3: but can and then you know, you just never know
20:42
Speaker 3: what a jury's going to do with those. So probably
20:44
Speaker 3: was a sound decision by the prosecutor. And I hate
20:46
Speaker 3: it that the victims' families are upset, but his time
20:51
Speaker 3: will come at sentencing.
20:52
Speaker 2: I think, yeah, yeah, let's let's go into this. Let's
20:54
Speaker 2: take a break. We'll take a commercial break when we
20:56
Speaker 2: come back. Still still time left. If you would need
20:58
Speaker 2: to put the power paintent on you're side this morning
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Speaker 2: and give us a call. Three zero four three four
21:01
Speaker 2: five fifty to fifty eight. Any questions you have has
21:02
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Speaker 2: fifty eight. If you're in a situation where you need
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Speaker 2: listening to ask the Lawyer with Tom Payton from the
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Speaker 2: Peyton Law Firm. I'm Delle Cooper and this is five
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22:46
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Speaker 2: us a call this morning three zer a four three
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Speaker 2: four five fifty eight fifty eight three four five fifty
22:51
Speaker 2: to fifty eight for Tom Payton from the Payton Law
22:53
Speaker 2: Firm Mimdale Cooper. You're listening to Ask the Lawyer WCCHS
22:56
Speaker 2: the Voice of Charleston. You can find more information online.
22:58
Speaker 2: You can go to w's just network dot com slash
23:01
Speaker 2: patent and get to the Payton Law Firms Ask the
23:04
Speaker 2: Expert shows that we put up there every Thursday. After
23:07
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23:10
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23:12
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23:13
Speaker 2: about the law for the Payton Law Firm three zero
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Speaker 2: four three four five fifty eight fifty eight. More information
23:19
Speaker 2: on line at the Payton Lawfirm dot com, p E
23:21
Speaker 2: Y T you and Peyton Lawfirm dot Com located at Nitro, West, Virginia.
23:24
Speaker 2: Their number by the way, seven five five fifty five
23:26
Speaker 2: fifty six. We'll get more information out to you before
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Speaker 2: we leave the airways. Three zero four seven five five
23:30
Speaker 2: fifty five fifty six.
23:31
Speaker 3: Yeah, you can get our website and it's actually I
23:34
Speaker 3: think we have a link on there too the podcast
23:37
Speaker 3: our of our show if you're wanting to go back
23:39
Speaker 3: and listen. But a lot of general information about our firms,
23:42
Speaker 3: some specifics about our staff and things like that, and
23:44
Speaker 3: you can submit a question right through our website and
23:48
Speaker 3: it's it's not going to an answering service or any
23:51
Speaker 3: kind of there's no AI response to that when it
23:55
Speaker 3: comes right to Dad and my emails, so we try
23:59
Speaker 3: and respond on the same day if we can. If
24:03
Speaker 3: you don't get a response, maybe give us a call.
24:05
Speaker 3: I have noticed lately, and I think Copy was talking
24:09
Speaker 3: about it and his piece this morning, but it's really
24:16
Speaker 3: difficult to figure out fraudulent emails from real ones and
24:20
Speaker 3: we get Actually, I replied to one and had a
24:23
Speaker 3: little back and forth a few months ago. It was like, we, hey,
24:27
Speaker 3: we need help with our closing. Can you review documents?
24:30
Speaker 3: And then they emailed me some document to click in
24:35
Speaker 3: said sure, I'll just take a look at it. You know,
24:37
Speaker 3: I've reviewed thousands of Chase real estate closing documents. Takes
24:41
Speaker 3: me a few minutes to make sure everything's in a chord.
24:43
Speaker 3: Usually ninety nine percent of the time. It's fine, but
24:46
Speaker 3: they feel comfortable. Some folks feel comfortable having their own
24:48
Speaker 3: lawyer versus the closing lawyer doing looking over the numbers,
24:53
Speaker 3: went to click on it, and when they emailed it
24:57
Speaker 3: to me like a DOCU sign or something like that
25:00
Speaker 3: wouldn't open. So the way you can copy and paste
25:03
Speaker 3: this link, And when I did that, it wouldn't open either.
25:07
Speaker 3: And I went back to the person in the email
25:08
Speaker 3: and said, well, I can't get this to open, and
25:12
Speaker 3: it was something like, well, this is the same way
25:15
Speaker 3: we did it with the lawyer that we had who
25:17
Speaker 3: retired or something, but it's all generic and no real names.
25:21
Speaker 3: And then I thought, well, this then I tried to
25:23
Speaker 3: call the person, because you're supposed to put a phone
25:26
Speaker 3: number in your email to us, and of course it's
25:28
Speaker 3: usually safe to call from a landline so called no
25:32
Speaker 3: no number. I just went dead or hung up as
25:35
Speaker 3: soon as somebody picked up, and luckily I didn't get
25:37
Speaker 3: far enough into it to sabotage our server, any systems
25:42
Speaker 3: that run.
25:43
Speaker 2: What's scary to think about is there situations just like
25:46
Speaker 2: yours out there where the the the business end of
25:49
Speaker 2: that does use AI. You got the Peyton Law firm
25:52
Speaker 2: is completely human, so you don't have to worry about that.
25:54
Speaker 2: But there's places that use AI. They'll get one of
25:57
Speaker 2: these fraudulent maybe AI Assistan a fraudulent emails in and
26:01
Speaker 2: then they start talking to each other. Okay, you know,
26:04
Speaker 2: I didn't think about that, and and those conversations take
26:07
Speaker 2: place without you and I ever knowing about it. Yeah,
26:09
Speaker 2: it's kind of frightening, it's uh.
26:11
Speaker 3: And then but since then now I've noticed we've gotten
26:14
Speaker 3: five or six very similar inquiries, and of course we
26:17
Speaker 3: just delete them and and don't respond to them. But
26:19
Speaker 3: but when doing so, in chase, you have to do that,
26:23
Speaker 3: but in doing so, it's possible we could delete legitimate emails.
26:26
Speaker 3: So if you if you don't get any response within
26:28
Speaker 3: a few days, just give us a call and tell us,
26:32
Speaker 3: you know, hey, I sent this email and then we'll
26:33
Speaker 3: go back there that's unfortunate and read check it. But yeah,
26:36
Speaker 3: you and and consistently now I'll get UH emails. A
26:42
Speaker 3: lot of them are like DOCU sound I want you
26:44
Speaker 3: to click on something. I mean they are I'm pretty
26:47
Speaker 3: good at at UH. I think I have anyway at
26:49
Speaker 3: vetting and figuring out real verseus fraudulent emails. And it's tough.
26:55
Speaker 3: I mean, you just have to these days, you know,
26:57
Speaker 3: if you're out and if you get if you're the
27:01
Speaker 3: victim of a scam where you you know, it's very
27:04
Speaker 3: hard to catch the people that do it because they
27:06
Speaker 3: are so crafty technologically to you know, they can mask
27:10
Speaker 3: where they.
27:11
Speaker 2: Are even on emails. I mean they cannot. We get
27:14
Speaker 2: we get emails from the president of our company sometimes.
27:16
Speaker 2: Now luckily scammers don't always know your naming conventions and
27:19
Speaker 2: things along those lines internally within your company, right, But
27:23
Speaker 2: that doesn't mean it's like that for every company. So
27:25
Speaker 2: just because they send something to us that we can
27:26
Speaker 2: tell by looking at as like, yeah, that can't be real
27:28
Speaker 2: because of the naming convention they're using at the email
27:30
Speaker 2: doesn't match the way our main naming conventions does. That
27:33
Speaker 2: doesn't mean they don't get it right. Sometimes with other companies,
27:35
Speaker 2: you know what I mean, that's scary because it's like
27:36
Speaker 2: they try to get you with like the W two
27:38
Speaker 2: stuff or you're yes and tax returns and like all
27:41
Speaker 2: these different things are trying to get you to click
27:42
Speaker 2: through to it. And what happens when you if you
27:44
Speaker 2: lose your data to that, I mean, that's uh, there's
27:47
Speaker 2: a whole bringing the firm and call insurance carrier.
27:50
Speaker 3: You know, we get calls about it when you know,
27:53
Speaker 3: but it's just not something in our wheel. Well it's
27:56
Speaker 3: very difficult to solve and you can't really hire a
27:58
Speaker 3: law private lawyer to deal with it when you're scam
28:00
Speaker 3: by somebody that might be in Nigeria or chy, you know,
28:04
Speaker 3: you know who knows where and it's not really something
28:07
Speaker 3: that you know, we ask people will go ahead and
28:09
Speaker 3: forward it to the FBI and tell them or they
28:11
Speaker 3: watch the Attorney General's office. But it's very difficult. So
28:14
Speaker 3: what you just have to protect yourself and if you
28:16
Speaker 3: get an email with an attachment or a shipping tracking
28:21
Speaker 3: number that you don't absolutely recognize, then just don't click
28:26
Speaker 3: on it. I think it's safe generally. You know, if
28:29
Speaker 3: there's a phone number on there anywhere, if you're probably
28:34
Speaker 3: from your cell phone, certainly from a landline or conventional phone,
28:38
Speaker 3: you can call the phone number and check and usually
28:40
Speaker 3: that'll weed it out real quick because you'll get somebody
28:43
Speaker 3: on there that and some of them are I've you know,
28:46
Speaker 3: I've I've called them back and talked to you. They'll
28:48
Speaker 3: push but uh, they're pushy and you don't know what
28:51
Speaker 3: you're talking about when you're saying that, no, I don't
28:55
Speaker 3: need a Microsoft Windows update where I send you my
29:00
Speaker 3: you know, just you don't, and so you got to
29:03
Speaker 3: push back, but they'll they'll eventually go away. But a
29:07
Speaker 3: phone call is usually the safest way to find out.
29:09
Speaker 3: But you know, don't if you don't recognize a sender,
29:13
Speaker 3: and they'll infiltrate. I mean, I've had lawyers emails come
29:17
Speaker 3: to me that look real but just something's off about it,
29:22
Speaker 3: and call that law firm, and of course they all
29:24
Speaker 3: know we've had our emails infiltrated. Now it's a phishing scam,
29:29
Speaker 3: So be careful out there because there's not a whole
29:31
Speaker 3: lot of legal remedy for that if you get into
29:33
Speaker 3: that situation.
29:34
Speaker 2: Bitcoin's a big one too. Right now, will you get
29:36
Speaker 2: an email where somebody's like, uh, we have records twenty
29:40
Speaker 2: years old that you bought a fraction of a bitcoint
29:42
Speaker 2: like it'll be like this nose and be like you
29:44
Speaker 2: may have millions of dollars ready to be Just send
29:46
Speaker 2: us your information and we'll see if we can get
29:48
Speaker 2: your chain on the water. You know, whatever it is,
29:50
Speaker 2: and it's just it's just to get your banking.
29:51
Speaker 3: There's one out of dealt with two for a couple
29:53
Speaker 3: of clients. Publisher's clearing House. Is it still around, Well,
30:00
Speaker 3: it is, or at least it was a couple of
30:02
Speaker 3: years ago when I dealt with a client who was
30:05
Speaker 3: sure he had won Publisher's clearing House. And of course
30:10
Speaker 3: if you hear that, you want to win. I mean,
30:11
Speaker 3: you know, yeah, I want to go with it. But
30:15
Speaker 3: they actually have a Yes, somebody had called him and
30:17
Speaker 3: I had more than one, and somebody had called him
30:20
Speaker 3: and said he was you know, they were going to
30:22
Speaker 3: come this day with the big check, and uh, but
30:24
Speaker 3: they of course needed you know, his account information or
30:27
Speaker 3: something like that. It was starting to they were. It
30:30
Speaker 3: was kind of a slow lead in. They didn't it
30:32
Speaker 3: was pretty savvy, so they didn't immediately ask for account information.
30:35
Speaker 3: But I thought, well, let me look into this. I mean,
30:37
Speaker 3: i'll'd be great. But actually, if you look up Publisher's Clearinghouse,
30:42
Speaker 3: they they have a whole fraud like hotline because they
30:46
Speaker 3: get impersonated all the time.
30:48
Speaker 2: Of course they do.
30:49
Speaker 3: One of the things that says on there which I
30:50
Speaker 3: found interesting, was that Publisher's Clearinghouse, if you win that,
30:54
Speaker 3: which you know, of course this fella hadn't didn't recall
30:57
Speaker 3: subbody anything. Generally you get like a magazine subscription.
31:00
Speaker 2: I think you have to. I remember it from when
31:02
Speaker 2: I was a kid. You had to subscribe to that.
31:03
Speaker 2: A bunch of things you had to stick on them,
31:06
Speaker 2: and you'd have to mail it back in and all day.
31:07
Speaker 2: I tried to win it, right much to my parents,
31:10
Speaker 2: to grin is like why we could always if you
31:12
Speaker 2: haven't ever.
31:13
Speaker 3: You know, participated in Publishers Clearinghouse affirmatively, then you're probably
31:17
Speaker 3: not going to win it. But interesting thing on that one.
31:20
Speaker 3: If you do get solicited by someone saying you want
31:23
Speaker 3: publishers clearinghouse? Is they they put on their website. They
31:26
Speaker 3: literally don't. They don't call you ahead of time or
31:30
Speaker 3: tell you you won they really do surely just come
31:32
Speaker 3: to your house. And that says that I said, that's
31:34
Speaker 3: one way you can detect it, because we don't.
31:37
Speaker 2: It's like the r S. The RS doesn't call you,
31:38
Speaker 2: they least send your correspondence. Right.
31:41
Speaker 3: Yeah, that's kind of a good rule of thumb on
31:42
Speaker 3: on those as well as to if you get calls
31:47
Speaker 3: threatening you with that collection or there's all kinds of
31:50
Speaker 3: them around locally, just got to be very wary. And
31:53
Speaker 3: I hate, you know, I've had a lot of times
31:55
Speaker 3: senior folks that have you know, they've sent money to
31:58
Speaker 3: somebody or driven somewhere and delivered money to somebody. It's
32:01
Speaker 3: got to be if you're asked to provide money or
32:08
Speaker 3: detailed account information or you're so security number in exchange
32:12
Speaker 3: for some something you want, then do not participate in
32:16
Speaker 3: it is not.
32:17
Speaker 2: Is there something with my understanding was at one time
32:19
Speaker 2: and I can't remember now where it was on the
32:21
Speaker 2: show somewhere, but I can't remember who told me that
32:25
Speaker 2: if you work for somewhere in like Western Union or
32:27
Speaker 2: not work for them. But you're at like the grocery
32:30
Speaker 2: store or the pharmacy or something. Somebody's coming in and
32:33
Speaker 2: using a wire service to send somebody money. And the
32:36
Speaker 2: situation that they're explaining to you, you know, as a
32:38
Speaker 2: person that works there, that this is probably a fraud
32:40
Speaker 2: your grand but your grandson probably isn't in a Mexican prison,
32:43
Speaker 2: you know. But that one before My understanding is that
32:46
Speaker 2: they're not allowed to tell them that that they can't
32:48
Speaker 2: intercede because what if it is real? What if it
32:51
Speaker 2: you know, what if this one time or whatever.
32:53
Speaker 3: I'm not aware of that, okay, policy. I know that
32:59
Speaker 3: there's a local employer, a fairly significant one. Well they're local,
33:03
Speaker 3: but they're nationale as well, where they won't let their
33:08
Speaker 3: employees take any action against a shoplifter as a matter
33:12
Speaker 3: of policy, which I.
33:14
Speaker 2: Think is inappropriate.
33:18
Speaker 3: Really, I mean, so employees are stuck watching, just watching
33:21
Speaker 3: somebody walk out there. Yeah, I mean, I guess you
33:23
Speaker 3: called the police, but if they can't get there in time,
33:26
Speaker 3: and that's it. And so there could be employer policies
33:30
Speaker 3: that say, you know, we've balanced this and we're just
33:32
Speaker 3: not going to interfere with private wire transactions. If they
33:36
Speaker 3: want to do it, you're not allowed to stop them
33:40
Speaker 3: or warn them about the situation, which defies common sense
33:43
Speaker 3: to me.
33:44
Speaker 2: I was trying to talk to a lady because I
33:45
Speaker 2: don't want to stick my nose into somebody else's business.
33:48
Speaker 2: But I heard a lady one time explaining to the
33:50
Speaker 2: person taking their wire money, and the situation was literally
33:53
Speaker 2: that week I had had an interview with the Attorney
33:55
Speaker 2: General that I did on the air where they were
33:57
Speaker 2: explaining these different scams that were happening, and this scam
34:00
Speaker 2: that this lady was or the situation this lady was
34:03
Speaker 2: explaining to the person getting ready to take her money
34:05
Speaker 2: was exactly the scam. It was the Mexican grand grandson
34:07
Speaker 2: and a Mexican prisoner or whatever. And I was trying
34:09
Speaker 2: to be like, are you have you did you actually
34:11
Speaker 2: talk to him? Do you know that it was him?
34:13
Speaker 2: Have you tried calling that you know? I was like,
34:15
Speaker 2: And then the lady that was taking was like, sir,
34:17
Speaker 2: you need to step aside, you know, like, wouldn't let
34:19
Speaker 2: me like try it's none of my business. But at
34:21
Speaker 2: the same time, I just felt like that lady was getting.
34:23
Speaker 3: Yes, I kind of like to talk about it from
34:24
Speaker 3: time to time just because to get the word out there,
34:26
Speaker 3: because you just can't get the word out there enough
34:27
Speaker 3: and you think, well, everybody knows this is not real,
34:31
Speaker 3: but then you get a call from somebody who's been
34:33
Speaker 3: taken advantage of and these days with AI and computers,
34:38
Speaker 3: it's just so difficult to detect what is fake and
34:42
Speaker 3: what is real. But yeah, if you have an issue
34:45
Speaker 3: on that, you can give us a call. But unfortunately
34:47
Speaker 3: it's not a case we normally take, and we have
34:49
Speaker 3: to give bad news that well, if you wired five
34:51
Speaker 3: thousand dollars to get fifty grand back, you're not going
34:54
Speaker 3: to get your fifty grand and you're probably not going
34:56
Speaker 3: to be able to track your five thousand dollars. So
34:58
Speaker 3: just be wary of that see over the holiday season.
35:02
Speaker 3: But things we do do so if you do have
35:07
Speaker 3: you know, we do civil litigation at Peyton Law Firm primarily,
35:10
Speaker 3: so that's represent normally consumers meeting kind of everyday people.
35:13
Speaker 3: We do some small business work as well, but if
35:15
Speaker 3: you've been injured either financially or physically, and have a
35:19
Speaker 3: dispute with maybe an automobile insurance company, homeowners insurance, things
35:23
Speaker 3: like that. Those are the kind of cases that we
35:26
Speaker 3: do really well on. We do a little criminal defense,
35:29
Speaker 3: we do so security, disability, and of course basic real estate,
35:35
Speaker 3: both deeds and litigation. A lot of a state work
35:39
Speaker 3: as well. So any issue you have, you can reach
35:41
Speaker 3: out to us, and of course we don't start the
35:43
Speaker 3: meeter run and when you email us or when we
35:44
Speaker 3: call you back, and if it's something that we can't
35:47
Speaker 3: it's not in our wheelhouse, we'll we'll normally have a
35:50
Speaker 3: lawyer that we can refer you to that maybe like
35:52
Speaker 3: we don't do bankruptcy, for example, so generally when I
35:55
Speaker 3: get bankruptcy calls, I'll rere firm to maybe Andy Nason
35:58
Speaker 3: here in Charleston's kind of a bunch, but I feel
36:01
Speaker 3: free to stop by, give us a car, says an email,
36:03
Speaker 3: We'll be glad to help.
36:04
Speaker 2: It's the Peyton Law Firm. By the way, We've got
36:05
Speaker 2: a text just a couple of minutes ago. This was
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Speaker 2: from Mark Perdetti, Deputy director of West Virginia Small Business
36:10
Speaker 2: Development Center. Good morning down on tom A lot of
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Speaker 2: people don't know this, but approximately forty five percent of
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Speaker 2: all cyber attacks target small businesses. Yeah, so there you go.
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Speaker 2: We are one that's exactly what you're running into. Peyton
36:20
Speaker 2: Law Firm Online, Peyton Lawfirm dot com, p E y
36:22
Speaker 2: T and Peyton Lawfirm dot Com. Okay to night, Sure
36:25
Speaker 2: West Virginia seven five five fifty five fifty six three
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Speaker 2: zero four seven five to five fifty five fifty six
36:30
Speaker 2: seven five to five fifty five fifty six Back here
36:32
Speaker 2: every Thursday. Uh, and we'll be back here next Thursday,
36:35
Speaker 2: right here on five ADWCHS on Ask the Lawyer. Thank
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Speaker 2: you so much, Tom, Thank you so much, Tom for
36:41
Speaker 2: your Tom. We'll see you back here next week. I'll
36:43
Speaker 2: be back. Take care everyone. Coming up next Dave Allen
36:45
Speaker 2: on The Dave Allan Show five eighty Live. I'll be
36:46
Speaker 2: back this afternoon filling in for Dave weekly on hotline.
36:50
Speaker 2: Have a gret day. Everyone listening to five ADWCHS. We
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Speaker 2: are the voice of Charleston w CHSA, W two four
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Speaker 2: three d r f M Charlestown, W two A three
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Speaker 2: A Q Cross Lanes, a w VRC media station. We're
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Speaker 2: proud to live here too,