December 11, 2025 • 37 mins
Host Dale Cooper and Harvey or Tom from the Peyton Law Firm discuss legal issues from listeners and matters affecting local politics.
More info: www.PeytonLawFirm.com
(304) 755-5556
2801 1st Ave, Nitro, WV 25143
The Peyton Law Firm was founded more than 30 years ago by Harvey Peyton, who was joined by his son, Tom Peyton. For more than 50 years, the Peyton team has successfully represented clients in courtrooms throughout WV and southeastern Ohio. The firm is known for its active community involvement and straightforward advice.
More info: www.PeytonLawFirm.com
(304) 755-5556
2801 1st Ave, Nitro, WV 25143
The Peyton Law Firm was founded more than 30 years ago by Harvey Peyton, who was joined by his son, Tom Peyton. For more than 50 years, the Peyton team has successfully represented clients in courtrooms throughout WV and southeastern Ohio. The firm is known for its active community involvement and straightforward advice.
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
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Speaker 2 (00:15):
The views and opinions expressed on this program do not
necessarily reflect the views and opinions of five ad whs
it's employees or WVRC Media. Our courts all created equal.
When Lass come here in a capony can Rocke twenty
(00:45):
three minutes past the hour. You're listening to the place
where you can put the power of Payton on your side,
and you can do it this morning. Three zero four
three four five fifty fifty eight three four five fifty
eight fifty eight. Tom Payton is in studio with us
this morning, Payton Law from one line p uy t
U and Payton Law Froom dot com and Nitro West Virginia. Tom,
Good morning, how you doing this morning? Doing great?
Speaker 3 (01:03):
Nice smooth ride in this morning for anybody else coming
in that was really Uh had some bad weather, but
it was a nice traveling today from hurricane to Charleston,
So that gives me a good feeling sitting here.
Speaker 2 (01:18):
We'll see if we get any any additional weather as
the having looked at.
Speaker 3 (01:21):
The forecast, it's it was above freezing this morning when
I came in. But they're not doing well. Doing well.
The you don't have to fight the law. If you
don't want to, you can give us a call, but
the law on your side.
Speaker 2 (01:35):
I know.
Speaker 3 (01:35):
Last week I was, I was out of ten and
Dad covered the show, and of course we talked about
a little bit of the high school state championship. Nitro
made it and uh just fell what it was a
heck and yeah, it was a heck of a game,
and I don't the coach for you know, Nitro came
back to in essence tie, they were down by seven,
(01:59):
but they had a lot of injuries and decided to
go for two and try and win the game essentially
I think a minute left or something, and unfortunately didn't
didn't make and Princeton got the win. Although Princeton has
this I think Brad Mosser, Yeah, I mean he just
won the metro times during the broadcast because he I
(02:20):
mean he had I think five touchdowns well over one
hundred yards receiving and rushing with I'm not sure that
he'll be a one a college level kid. He's just
one of those workhorses that seemed to me, and a
and a winner on Princeton. So congratulations to the Princeton
Tigers for one in the Triple A.
Speaker 2 (02:37):
But I was out of town, so I had to watch.
Speaker 3 (02:39):
I watched the game on the WV Metro News broadcast,
and I want to really compliment them because Fred was
on there. Jeff was reporting. I forget who the other
was it. Somebody else was played by play with with
with Fred, and it was It was good, of course,
but just really the the quality of the production.
Speaker 2 (03:01):
The broadcast was a really job. Yeah, I was watching
it out.
Speaker 3 (03:05):
Of state and it was just picture perfect, good camera work.
And I guess I juxtaposed that to I'll watch Trump
if we have any local flavor. I trying to watch
the state championships. I've watched volleyball. Buffalo High School done
and Puttm County has had a really good volleyball team
the last few years. Soccer Hurricane made it and we
won the state championship and has made it there the
last two or three years. I've watched that, and there's
(03:28):
a somehow I guess the ssa C has that contracted
out with some kind of national provider and if any
parents or fans watched that broadcast, h it's just not
necessarily commentators. They get some local folks to do that
who do a decent job or a good job. But
the production and broadcast is just nothing compared to w
(03:50):
B metrics or skips in it. You get delays, then
all of a sudden it would fast forward, you know,
jump forward and you've missed action. But whoever it was
doing the production, I mean it was crystal clear, no glitches.
I was watching on kind of a beggar screen TV
and it just really was. It was a good broadcast.
So qdos to w Metro News. Maybe I don't know
(04:12):
if you guys do the basketball tournament or or how
that works, but boy, if if there's a way to
get some of the other sports other than in football,
and you guys do the state championship games, that would
be really good and it's free.
Speaker 2 (04:28):
Yeah exactly, and you give it on a Metro News TV.
I think that the basketball tournament will be on there
again this year, so you'll be able to watch it
sometimes the Yeah, and it depends on how the s
SA see what the broadcast the TV rights. We always
have it on the radio, and it's changed a little
bit at time to time with the TV rights for it.
But I believe this year that's they're uh, they're going
to be broadcasting. Yeah, those are those are very uh
(04:49):
it's nice to see our high school players in four
k hot toff. You know, professional broadcast. The Pikewood folks
that the people from Metro News that that do that
do stuff for ESPN and stuff all the time. So
I mean they're at a they're at that level where
they're contracted out to do things for these national company.
They do a good job with it.
Speaker 3 (05:05):
And it's a financial deal too, because uh, you know,
I know from I see the viewership when I sponsored
some streaming of uh soccer, and you know, I can
see the viewership and I see how many watches are.
It's a good thing about streaming. You can see exactly
how many people are watching. And of course football UH
is it's a lot more viewers and probably any other sport,
(05:27):
but certainly you know, volleyball and soccer and uh basketball
is probably up there as well, and so just maybe
a financial thing, but if if the w V S
S a C has the ability to change that. Because
the other the national entity as well, you know, you
have to buy a subscription to to watch it. It's
a little confusing to get on there because it's national
(05:47):
and you got to find you know, find your team
and your state championship in order to to watch it.
But uh, anyways, a great It was a really good broadcast.
The result wasn't what I wanted in that game, but
had a good time watching it while I was out
of town, felt like I was there.
Speaker 2 (06:02):
Yeah, Yeah, it was a good It was a good game.
It was a shame. I did a pregame for Nitro
getting ready for it, got to talk to j row
House and some folks and and man, it was just
so close, you know. I mean, it's a shame with
two point conversion away. But one of the better state
championship games I can remember for quite some time.
Speaker 3 (06:17):
Has a lot of talent. We'll see I think they
graduate some and see what happens next year. But yeah,
and talking about community things, I yeah, of course, I
guess I can talk about what I want here since
I pay for the time.
Speaker 2 (06:30):
Yeah, absolutely, man, but if you have a.
Speaker 3 (06:32):
Legal question or comment or anything else we're talking about,
you can certainly give us a call. We'd glad to
take take the call if we get some questions or commentary.
But one thing I've talked about, I've been on the
board of directors for the Dumont Track County YMCA, which
is down Scott deept And for probably twenty years, and
(06:56):
been the president here for a few years running. And
we're doing some really good things down there. And then
of course there's the Canal YMC of the Kanaal Valley
here in Charleston. I think they have a satellite location
in Cross Lanes as well, and their executive director did
a little op ed in the Gazette and I was
aware of this issue. But one of the really good
(07:18):
things we do with the you know, it's much more
than a gym. Of course, we have an indoor pool
and a lot of programs there for kids and families
and things like that, so you get much more than
just going to your average twenty four hour fitness center.
But one of the things we do that I'm really
proud of is in Putnam County, we offer we offer
to the extent we can staff it, which isn't always easy.
(07:40):
But we offer for aftercare for every elementary school. So
you know, if you have a child that that goes
to any elementary schools where we offer aftercare, you can
leave your child there and not have to worry about
how they're going to get home from school right after
on the bus and who will be there with them
or picking them up, because we offer care right there
(08:03):
in the school system, and the school board has been
good to work with us to keep that going.
Speaker 2 (08:11):
A lot.
Speaker 3 (08:11):
And so you know, you can come when you get
off work five thirty six and pick your child up
and we have a well vetted, you know, folks there
to help the kids, and they do constructive things. But
the you know, we have a lot of folks who
(08:32):
are just getting by maybe paycheck to paycheck or very
little income, and of course with problems we have, you
got a lot of grandparents and things like that raising kids,
especially young kids that age. And so a decent amount
of the funding for that program is through a system
called link, which is a government subsidy, and so we
get a daily payment per child that stays in the
(08:56):
aftercare program. Now it's a I can't remember the rate
per day per child, but it hasn't been adjusted in
twenty years, so we'll just say it hasn't kept up
with inflation, which is fine. But what's happened recently, I
think it maybe goes retroactive to the beginning of this
school year. There's been kind of a what's been termed
(09:17):
a clarification, maybe a reinterpretation of the manner in.
Speaker 2 (09:22):
Which we get reimbursed.
Speaker 3 (09:24):
And and I just think it's our legod program because
when the legislature's in session, I think consistently over the
last couple of years, there's been discussion and even bills introduced.
You know, one of the problems with workforce participation is well,
what do we do with our kids? I mean, if
you're working a job that is equal to or not
(09:47):
much above minimum wage, it's real hard to justify that.
When you have to pay a large amount for childcare
or can't find childcare at all, that's that's quality. You
see a lot of value in the program. But this clarification,
what it did is it will no longer reimburse for
(10:12):
a child unless one day a month they stay four
hours in the after school aftercare program, which you can
do the math I mean kids. I think two thirty
three o'clock is when they normally get out of school,
and of course parents need to come pick them up
after work, so you're looking at five to six o'clock
normally makes it in a lot of situations virtually impossible.
(10:33):
To get to the new clarification, you have to have
four consecutive hours any one day a month or you
don't get any reimbursement for that child. And that's a
new interpretation. It was as long as they were in
the aftercare program, you know, you got your per day reimbursement.
So Sarah, I think her last thing's Bolliard. She's the
(10:55):
CEO of the Canall Valley Wide. I did a really
good op at in the gazette, so if you have
a chance to read it and give some more details.
But this is going to be a real, real problem
at some point because we need that funding to keep
these programs going. So if anybody, I guess I'm looking
for maybe a little bit bit of help, If anybody
in the legislature is listening, or you have some connection
(11:16):
with a local legislator, this is.
Speaker 2 (11:19):
A really valuable program.
Speaker 3 (11:20):
And the fact they haven't increased the reimbursement rate for
since I can remember. I think it's been well over
a decade. I'll say twenty years. That may be a
little longer than they've adjusted it. But we need a
re re clarification to get this back to the way
it was. If anybody out there is listening and participates
or utilizes that program, or maybe you did in the
(11:42):
past and it helps you think about it, If you
have some connection to a local member the legislature, maybe
reaching out and see if we can put some pressure
to get this re clarify. I don't think the legislature
changed anything. I'm not really sure about the process. I
assume there's a rule that's been reinterpreted. I mean it's
administered through the Department of Human Services, so I'm not
(12:04):
sure whether that came from the Governor's office down or
was an internal reinterpretation somewhere administratively. But yeah, if you
got some connections there, maybe make some calls or send
some emails, see if we can get that reclarified, and
maybe going into next year or maybe next semester, we
can get that straightened out. Because you know the why
in Tays Valley that where I'm the president of the board.
(12:28):
I mean, we'll get by I at least I think
speaking on behalf of the board. And you know, we
value that program significantly for the community, so we'll keep
doing it as long as we can. But it's you know,
over the last ten years or so, with the increase
in caught big box store type gyms and things like that,
it's it's put a little bit of a hit on
(12:49):
the on the local YMCAs and I don't know, grants
and funding from the federal level doesn't look like it's
going to increase anytime real soon. So we need a
little help there. And if you're out there listening to
have some connects, maybe put some pressure on it and
see if we can get the political media moving.
Speaker 2 (13:05):
Back in the right direction. That just I mean, I'm
not an expert on these things, but it seems like
this is the type of thing that feeds into when
we talk about the grandparent tax that we have here
in West Virginia, where grandparents do such a heavy lifting
when it comes to babysitting basically and watching kids and
things like that. I mean, this is one of the
reasons you can't afford daycare. There's not enough, there's not
(13:25):
enough programs out there for you to get into at
a relatively modest rate, and you work for you know,
fifteen or eighteen dollars an hour that when you look
at that at the cost of healthcare, you just can't
or a daycare, you can't do it. I mean you're
just paying everything that you're making to go to your care.
So you have to find I mean there's got to
be some retards.
Speaker 3 (13:43):
I mean, I feel for folks in that situation. How
do you fit that balance? I mean, if you are
netting very little by working full time, I mean, it
would be enticing to come, you know, stay with your
kids when you can, versus going out into the work
for and of course we need, we need and wants
to do much higher workforce participation and qualified workers. So
(14:06):
this is one seems like an easy win, low hanging
fruit that we could get back on the table. And
and it's so convenient because you don't have to worry
about the transport of your child from the school anywhere else.
That's where the Board of Education comes in. They allow
us to utilize their facilities, which obviously already well equipped
to care for the children. And so it's a it's
(14:27):
a really great program. I think it helps a lot
of people.
Speaker 2 (14:30):
It seems to make sense. Yeah, it makes sense.
Speaker 3 (14:32):
So we'll see if we get the meter moving there,
maybe we can get that changed up. But I wanted
to mention that because I think it's important. So otherwise locally,
I see, But Jeff had a in the news this morning,
not to shift gears is something completely opposite. But yeah,
it was a criminal case up in I think Wood County, Parkersburg,
(14:54):
where somebody entered a plea to sex abuse. Unfortunately, and
and but part of Jeff's news article was not just that.
Speaker 2 (15:05):
So there was a plea entered.
Speaker 3 (15:06):
So the defendant has entered a plea to I think
multiple counts because I heard Jeff say, exposes him up
to twenty five years in prison. But one of the
taglines in the articles that the parent There was no
audio of it, but apparently the parents were upset during
the plea hearing because the defendant entered what it's called
a Kennedy plea. And in essence, I thought I would
(15:29):
explain that a little bit. So Kennedy plea. Kennedy's just
a name from a case where it kind of came
about decades ago. But it's like a no contest please,
so when you know, you'll hear oftentimes. In fact, we
heard a different one this morning. I think it was
a homicide case where the man was having to recite
the facts of what he did during his plea agreement,
(15:51):
in essence admitting the wrongful conduct. When you do a
Kennedy plea or a no contest plea, the defendant doesn't
have to provide what they call a factual basis for
what they did. They don't have to admit they actually
committed the alleged conduct. In essence, they're saying, well, I
(16:11):
think the state could prove these charges against me. I'm
not gonna admit I did it. I'm gonna go ahead
and enter a plea agreement where the judge will find
me guilty on one or more accounts, and then the
rest of the charges are dismissed. So it's a plea
deal where some charges are dismissed. So apparently there was
some dissatisfaction with the victims' families because the man didn't
(16:37):
you have to admit what he did during the plea hearing,
which could be frustrating if your child was a victim.
Speaker 2 (16:43):
I'm sure However, the.
Speaker 3 (16:47):
Couple things on the sex abuse type case just to
not that we'll make the parents feel any better. But
one a new contest plea, the judge still finds the
person guilty, so he's going to get it be exposed
to exactly the same punishment that he would be exposed
to if he admitted that he actually did something. Of course,
(17:07):
you can never make a defendant, I mean, go through
a trial and a jury could find a defendant guilty,
but doesn't mean they ever.
Speaker 2 (17:16):
Have to say they anything wrong.
Speaker 3 (17:19):
So I think probably like it is in most of
these cases, the prosecutor hast away and balance, you know,
the putting a child on the stand is subject across
examination sometimes reliving this is not always in the best
interest when you can secure a conviction otherwise. So they're
going to secure a conviction or convictions depending on the
number of charges of guilty, no matter whether it's a
(17:41):
Kennedy or no contests clear or not now, and it
exposes him to the same maximum time of incarceration. However,
sex based defenses are a little bit different. First of all,
when there's a no content type plea and there's a
(18:02):
people are the victims, you know, there's either a violent
crime or something not a crime against property. Then of
course one of the factors when the judge decides to
sentence somebody is their remorse, is their responsibility? Well, there
really can't be in a no contest, please, so he's
going to get dang there. The other thing that has
been the law for a god since I've been practicing.
(18:24):
Whenever there is a sex based offense and a person's
found guilty, they are generally prohibited from getting it. They
have to be incarcerated unless they have a treatment plan,
which involves going to psychologists or psychiatrists that examines them
and then you know, assesses things like risk of reoffending
(18:47):
and can they be really rehabilitated, are they safe in
the public, do they need to have you know, what
type of counseling? Other things need to be addressed with
this person if they're going to be able to get
an alternative sentence like probation. In my experience, and I
think it's pretty universal, if if the defendant will not
(19:07):
admit the underlying conduct, you can't get a rehabilitation plan.
So what this person has not not that the judge
would necessarily have done it anyway, but when he refuses
to admit the underlying conduct, he has basically foreclosed any
alternative sentence, potentially home confinement, but I don't think on
(19:29):
a case like this that's going to be an option.
So he'll have no chance of probation. So whatever the
prison sentence is, if there's more than one charge, it
could be the judge could make it consecutive, one sentence
after the other, or concurrent where a ser he serves
them at the same time. But he will end up
going to prison for this charge because he's not admitted.
Speaker 2 (19:49):
So there's actually some.
Speaker 3 (19:52):
Solace there, I guess for the victims and their families,
and that when he does a no contest play, it
basically forecloses the ability to get probation or any alternative
where he is not going to be incarcerated.
Speaker 2 (20:03):
But it's a good explainer. Yeah, I didn't know the details.
It wasn't behind that.
Speaker 3 (20:06):
Yeah, Kennedy, please so, but you know, and you just know,
you know, no matter what the evidence is, I mean, well,
a lot of times in these sex abuse cases it's
there's not a whole lot of objective I wouldn't say objectivestly,
but there's not hard evidence as far as DNA things
like that, I mean texting videos. I mean, if you
(20:29):
have something like that, it's good. But a lot of
times it's just a child saying this is what happened
to me. And then it's a credibility assessment. And so
presume you know, the defendite of course doesn't have to testify,
but can and then you know, you just never know
what a jury's going to do with those. So probably
was a sound decision by the prosecutor. And I hate
it that the victims' families are upset, but his time
(20:51):
will come at sentencing.
Speaker 2 (20:52):
I think, yeah, yeah, let's let's go into this. Let's
take a break. We'll take a commercial break when we
come back. Still still time left. If you would need
to put the power paintent on you're side this morning
and give us a call. Three zero four three four
five fifty to fifty eight. Any questions you have has
to do with the law that Tom can help you
out with. Three zero four three four five fifteen to
fifty eight. If you're in a situation where you need
to text in, you can do that as well. Three
zero four non three five five zeros. You're eight threes
are four non three, five, five zeros, you're eight. We'll
(21:12):
take a break and be back right after this. You're
listening to ask the Lawyer with Tom Payton from the
Peyton Law Firm. I'm Delle Cooper and this is five
ADWCHS the Voice of Charleston.
Speaker 4 (21:20):
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Speaker 6 (22:05):
The Christmas season is a time of family traditions, Christmas parties,
viewing Christmas lights, decorating the tree, attending Christmas church service.
Many of us consider these core holiday traditions. For over
a century, another tradition in the Canal Valley was to
give a Christmas donation to Union Mission to help feed, clothe,
and shelter the needy this Christmas. Would you consider building
(22:26):
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Speaker 2 (22:46):
Fifteen minutes to the top of the hour. He give
us a call this morning three zer a four three
four five fifty eight fifty eight three four five fifty
to fifty eight for Tom Payton from the Payton Law
Firm Mimdale Cooper. You're listening to Ask the Lawyer WCCHS
the Voice of Charleston. You can find more information online.
You can go to w's just network dot com slash
patent and get to the Payton Law Firms Ask the
Expert shows that we put up there every Thursday. After
(23:07):
the shows are over, you can find over there on
the website. We do that every week. You can give
us a call this morning if you have any questions
about the law for the Payton Law Firm three zero
four three four five fifty eight fifty eight. Three zero
four three four five fifty eight fifty eight. More information
on line at the Payton Lawfirm dot com, p E
Y T you and Peyton Lawfirm dot Com located at Nitro, West, Virginia.
Their number by the way, seven five five fifty five
fifty six. We'll get more information out to you before
(23:28):
we leave the airways. Three zero four seven five five
fifty five fifty six.
Speaker 3 (23:31):
Yeah, you can get our website and it's actually I
think we have a link on there too the podcast
our of our show if you're wanting to go back
and listen. But a lot of general information about our firms,
some specifics about our staff and things like that, and
you can submit a question right through our website and
it's it's not going to an answering service or any
kind of there's no AI response to that when it
(23:55):
comes right to Dad and my emails, so we try
and respond on the same day if we can. If
you don't get a response, maybe give us a call.
I have noticed lately, and I think Copy was talking
about it and his piece this morning, but it's really
(24:16):
difficult to figure out fraudulent emails from real ones and
we get Actually, I replied to one and had a
little back and forth a few months ago. It was like, we, hey,
we need help with our closing. Can you review documents?
And then they emailed me some document to click in
said sure, I'll just take a look at it. You know,
(24:37):
I've reviewed thousands of Chase real estate closing documents. Takes
me a few minutes to make sure everything's in a chord.
Usually ninety nine percent of the time. It's fine, but
they feel comfortable. Some folks feel comfortable having their own
lawyer versus the closing lawyer doing looking over the numbers,
went to click on it, and when they emailed it
to me like a DOCU sign or something like that
(25:00):
wouldn't open. So the way you can copy and paste
this link, And when I did that, it wouldn't open either.
And I went back to the person in the email
and said, well, I can't get this to open, and
it was something like, well, this is the same way
we did it with the lawyer that we had who
retired or something, but it's all generic and no real names.
(25:21):
And then I thought, well, this then I tried to
call the person, because you're supposed to put a phone
number in your email to us, and of course it's
usually safe to call from a landline so called no
no number. I just went dead or hung up as
soon as somebody picked up, and luckily I didn't get
far enough into it to sabotage our server, any systems
(25:42):
that run.
Speaker 2 (25:43):
What's scary to think about is there situations just like
yours out there where the the the business end of
that does use AI. You got the Peyton Law firm
is completely human, so you don't have to worry about that.
But there's places that use AI. They'll get one of
these fraudulent maybe AI Assistan a fraudulent emails in and
then they start talking to each other. Okay, you know,
(26:04):
I didn't think about that, and and those conversations take
place without you and I ever knowing about it. Yeah,
it's kind of frightening, it's uh.
Speaker 3 (26:11):
And then but since then now I've noticed we've gotten
five or six very similar inquiries, and of course we
just delete them and and don't respond to them. But
but when doing so, in chase, you have to do that,
but in doing so, it's possible we could delete legitimate emails.
So if you if you don't get any response within
a few days, just give us a call and tell us,
(26:32):
you know, hey, I sent this email and then we'll
go back there that's unfortunate and read check it. But yeah,
you and and consistently now I'll get UH emails. A
lot of them are like DOCU sound I want you
to click on something. I mean they are I'm pretty
good at at UH. I think I have anyway at
vetting and figuring out real verseus fraudulent emails. And it's tough.
(26:55):
I mean, you just have to these days, you know,
if you're out and if you get if you're the
victim of a scam where you you know, it's very
hard to catch the people that do it because they
are so crafty technologically to you know, they can mask
where they.
Speaker 2 (27:11):
Are even on emails. I mean they cannot. We get
we get emails from the president of our company sometimes.
Now luckily scammers don't always know your naming conventions and
things along those lines internally within your company, right, But
that doesn't mean it's like that for every company. So
just because they send something to us that we can
tell by looking at as like, yeah, that can't be real
because of the naming convention they're using at the email
doesn't match the way our main naming conventions does. That
(27:33):
doesn't mean they don't get it right. Sometimes with other companies,
you know what I mean, that's scary because it's like
they try to get you with like the W two
stuff or you're yes and tax returns and like all
these different things are trying to get you to click
through to it. And what happens when you if you
lose your data to that, I mean, that's uh, there's
a whole bringing the firm and call insurance carrier.
Speaker 3 (27:50):
You know, we get calls about it when you know,
but it's just not something in our wheel. Well it's
very difficult to solve and you can't really hire a
law private lawyer to deal with it when you're scam
by somebody that might be in Nigeria or chy, you know,
you know who knows where and it's not really something
that you know, we ask people will go ahead and
forward it to the FBI and tell them or they
(28:11):
watch the Attorney General's office. But it's very difficult. So
what you just have to protect yourself and if you
get an email with an attachment or a shipping tracking
number that you don't absolutely recognize, then just don't click
on it. I think it's safe generally. You know, if
there's a phone number on there anywhere, if you're probably
(28:34):
from your cell phone, certainly from a landline or conventional phone,
you can call the phone number and check and usually
that'll weed it out real quick because you'll get somebody
on there that and some of them are I've you know,
I've I've called them back and talked to you. They'll
push but uh, they're pushy and you don't know what
you're talking about when you're saying that, no, I don't
(28:55):
need a Microsoft Windows update where I send you my
you know, just you don't, and so you got to
push back, but they'll they'll eventually go away. But a
phone call is usually the safest way to find out.
But you know, don't if you don't recognize a sender,
and they'll infiltrate. I mean, I've had lawyers emails come
(29:17):
to me that look real but just something's off about it,
and call that law firm, and of course they all
know we've had our emails infiltrated. Now it's a phishing scam,
So be careful out there because there's not a whole
lot of legal remedy for that if you get into
that situation.
Speaker 2 (29:34):
Bitcoin's a big one too. Right now, will you get
an email where somebody's like, uh, we have records twenty
years old that you bought a fraction of a bitcoint
like it'll be like this nose and be like you
may have millions of dollars ready to be Just send
us your information and we'll see if we can get
your chain on the water. You know, whatever it is,
and it's just it's just to get your banking.
Speaker 3 (29:51):
There's one out of dealt with two for a couple
of clients. Publisher's clearing House. Is it still around, Well,
it is, or at least it was a couple of
years ago when I dealt with a client who was
sure he had won Publisher's clearing House. And of course
if you hear that, you want to win. I mean,
(30:11):
you know, yeah, I want to go with it. But
they actually have a Yes, somebody had called him and
I had more than one, and somebody had called him
and said he was you know, they were going to
come this day with the big check, and uh, but
they of course needed you know, his account information or
something like that. It was starting to they were. It
was kind of a slow lead in. They didn't it
(30:32):
was pretty savvy, so they didn't immediately ask for account information.
But I thought, well, let me look into this. I mean,
i'll'd be great. But actually, if you look up Publisher's Clearinghouse,
they they have a whole fraud like hotline because they
get impersonated all the time.
Speaker 2 (30:48):
Of course they do.
Speaker 3 (30:49):
One of the things that says on there which I
found interesting, was that Publisher's Clearinghouse, if you win that,
which you know, of course this fella hadn't didn't recall
subbody anything. Generally you get like a magazine subscription.
Speaker 2 (31:00):
I think you have to. I remember it from when
I was a kid. You had to subscribe to that.
A bunch of things you had to stick on them,
and you'd have to mail it back in and all day.
I tried to win it, right much to my parents,
to grin is like why we could always if you
haven't ever.
Speaker 3 (31:13):
You know, participated in Publishers Clearinghouse affirmatively, then you're probably
not going to win it. But interesting thing on that one.
If you do get solicited by someone saying you want
publishers clearinghouse? Is they they put on their website. They
literally don't. They don't call you ahead of time or
tell you you won they really do surely just come
to your house. And that says that I said, that's
(31:34):
one way you can detect it, because we don't.
Speaker 2 (31:37):
It's like the r S. The RS doesn't call you,
they least send your correspondence. Right.
Speaker 3 (31:41):
Yeah, that's kind of a good rule of thumb on
on those as well as to if you get calls
threatening you with that collection or there's all kinds of
them around locally, just got to be very wary. And
I hate, you know, I've had a lot of times
senior folks that have you know, they've sent money to
somebody or driven somewhere and delivered money to somebody. It's
(32:01):
got to be if you're asked to provide money or
detailed account information or you're so security number in exchange
for some something you want, then do not participate in
it is not.
Speaker 2 (32:17):
Is there something with my understanding was at one time
and I can't remember now where it was on the
show somewhere, but I can't remember who told me that
if you work for somewhere in like Western Union or
not work for them. But you're at like the grocery
store or the pharmacy or something. Somebody's coming in and
using a wire service to send somebody money. And the
situation that they're explaining to you, you know, as a
(32:38):
person that works there, that this is probably a fraud
your grand but your grandson probably isn't in a Mexican prison,
you know. But that one before My understanding is that
they're not allowed to tell them that that they can't
intercede because what if it is real? What if it
you know, what if this one time or whatever.
Speaker 3 (32:53):
I'm not aware of that, okay, policy. I know that
there's a local employer, a fairly significant one. Well they're local,
but they're nationale as well, where they won't let their
employees take any action against a shoplifter as a matter
of policy, which I.
Speaker 2 (33:14):
Think is inappropriate.
Speaker 3 (33:18):
Really, I mean, so employees are stuck watching, just watching
somebody walk out there. Yeah, I mean, I guess you
called the police, but if they can't get there in time,
and that's it. And so there could be employer policies
that say, you know, we've balanced this and we're just
not going to interfere with private wire transactions. If they
want to do it, you're not allowed to stop them
(33:40):
or warn them about the situation, which defies common sense
to me.
Speaker 2 (33:44):
I was trying to talk to a lady because I
don't want to stick my nose into somebody else's business.
But I heard a lady one time explaining to the
person taking their wire money, and the situation was literally
that week I had had an interview with the Attorney
General that I did on the air where they were
explaining these different scams that were happening, and this scam
that this lady was or the situation this lady was
explaining to the person getting ready to take her money
(34:05):
was exactly the scam. It was the Mexican grand grandson
and a Mexican prisoner or whatever. And I was trying
to be like, are you have you did you actually
talk to him? Do you know that it was him?
Have you tried calling that you know? I was like,
And then the lady that was taking was like, sir,
you need to step aside, you know, like, wouldn't let
me like try it's none of my business. But at
the same time, I just felt like that lady was getting.
Speaker 3 (34:23):
Yes, I kind of like to talk about it from
time to time just because to get the word out there,
because you just can't get the word out there enough
and you think, well, everybody knows this is not real,
but then you get a call from somebody who's been
taken advantage of and these days with AI and computers,
it's just so difficult to detect what is fake and
what is real. But yeah, if you have an issue
(34:45):
on that, you can give us a call. But unfortunately
it's not a case we normally take, and we have
to give bad news that well, if you wired five
thousand dollars to get fifty grand back, you're not going
to get your fifty grand and you're probably not going
to be able to track your five thousand dollars. So
just be wary of that see over the holiday season.
But things we do do so if you do have
(35:07):
you know, we do civil litigation at Peyton Law Firm primarily,
so that's represent normally consumers meeting kind of everyday people.
We do some small business work as well, but if
you've been injured either financially or physically, and have a
dispute with maybe an automobile insurance company, homeowners insurance, things
like that. Those are the kind of cases that we
do really well on. We do a little criminal defense,
(35:29):
we do so security, disability, and of course basic real estate,
both deeds and litigation. A lot of a state work
as well. So any issue you have, you can reach
out to us, and of course we don't start the
meeter run and when you email us or when we
call you back, and if it's something that we can't
it's not in our wheelhouse, we'll we'll normally have a
(35:50):
lawyer that we can refer you to that maybe like
we don't do bankruptcy, for example, so generally when I
get bankruptcy calls, I'll rere firm to maybe Andy Nason
here in Charleston's kind of a bunch, but I feel
free to stop by, give us a car, says an email,
We'll be glad to help.
Speaker 2 (36:04):
It's the Peyton Law Firm. By the way, We've got
a text just a couple of minutes ago. This was
from Mark Perdetti, Deputy director of West Virginia Small Business
Development Center. Good morning down on tom A lot of
people don't know this, but approximately forty five percent of
all cyber attacks target small businesses. Yeah, so there you go.
We are one that's exactly what you're running into. Peyton
Law Firm Online, Peyton Lawfirm dot com, p E y
T and Peyton Lawfirm dot Com. Okay to night, Sure
(36:25):
West Virginia seven five five fifty five fifty six three
zero four seven five to five fifty five fifty six
seven five to five fifty five fifty six Back here
every Thursday. Uh, and we'll be back here next Thursday,
right here on five ADWCHS on Ask the Lawyer. Thank
you so much, Tom, Thank you so much, Tom for
your Tom. We'll see you back here next week. I'll
be back. Take care everyone. Coming up next Dave Allen
on The Dave Allan Show five eighty Live. I'll be
(36:46):
back this afternoon filling in for Dave weekly on hotline.
Have a gret day. Everyone listening to five ADWCHS. We
are the voice of Charleston w CHSA, W two four
three d r f M Charlestown, W two A three
A Q Cross Lanes, a w VRC media station. We're
(37:07):
proud to live here too,
Unlock your dream property with Meeks Realty Group, where Rich
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Speaker 2 (00:15):
The views and opinions expressed on this program do not
necessarily reflect the views and opinions of five ad whs
it's employees or WVRC Media. Our courts all created equal.
When Lass come here in a capony can Rocke twenty
(00:45):
three minutes past the hour. You're listening to the place
where you can put the power of Payton on your side,
and you can do it this morning. Three zero four
three four five fifty fifty eight three four five fifty
eight fifty eight. Tom Payton is in studio with us
this morning, Payton Law from one line p uy t
U and Payton Law Froom dot com and Nitro West Virginia. Tom,
Good morning, how you doing this morning? Doing great?
Speaker 3 (01:03):
Nice smooth ride in this morning for anybody else coming
in that was really Uh had some bad weather, but
it was a nice traveling today from hurricane to Charleston,
So that gives me a good feeling sitting here.
Speaker 2 (01:18):
We'll see if we get any any additional weather as
the having looked at.
Speaker 3 (01:21):
The forecast, it's it was above freezing this morning when
I came in. But they're not doing well. Doing well.
The you don't have to fight the law. If you
don't want to, you can give us a call, but
the law on your side.
Speaker 2 (01:35):
I know.
Speaker 3 (01:35):
Last week I was, I was out of ten and
Dad covered the show, and of course we talked about
a little bit of the high school state championship. Nitro
made it and uh just fell what it was a
heck and yeah, it was a heck of a game,
and I don't the coach for you know, Nitro came
back to in essence tie, they were down by seven,
(01:59):
but they had a lot of injuries and decided to
go for two and try and win the game essentially
I think a minute left or something, and unfortunately didn't
didn't make and Princeton got the win. Although Princeton has
this I think Brad Mosser, Yeah, I mean he just
won the metro times during the broadcast because he I
(02:20):
mean he had I think five touchdowns well over one
hundred yards receiving and rushing with I'm not sure that
he'll be a one a college level kid. He's just
one of those workhorses that seemed to me, and a
and a winner on Princeton. So congratulations to the Princeton
Tigers for one in the Triple A.
Speaker 2 (02:37):
But I was out of town, so I had to watch.
Speaker 3 (02:39):
I watched the game on the WV Metro News broadcast,
and I want to really compliment them because Fred was
on there. Jeff was reporting. I forget who the other
was it. Somebody else was played by play with with
with Fred, and it was It was good, of course,
but just really the the quality of the production.
Speaker 2 (03:01):
The broadcast was a really job. Yeah, I was watching
it out.
Speaker 3 (03:05):
Of state and it was just picture perfect, good camera work.
And I guess I juxtaposed that to I'll watch Trump
if we have any local flavor. I trying to watch
the state championships. I've watched volleyball. Buffalo High School done
and Puttm County has had a really good volleyball team
the last few years. Soccer Hurricane made it and we
won the state championship and has made it there the
last two or three years. I've watched that, and there's
(03:28):
a somehow I guess the ssa C has that contracted
out with some kind of national provider and if any
parents or fans watched that broadcast, h it's just not
necessarily commentators. They get some local folks to do that
who do a decent job or a good job. But
the production and broadcast is just nothing compared to w
(03:50):
B metrics or skips in it. You get delays, then
all of a sudden it would fast forward, you know,
jump forward and you've missed action. But whoever it was
doing the production, I mean it was crystal clear, no glitches.
I was watching on kind of a beggar screen TV
and it just really was. It was a good broadcast.
So qdos to w Metro News. Maybe I don't know
(04:12):
if you guys do the basketball tournament or or how
that works, but boy, if if there's a way to
get some of the other sports other than in football,
and you guys do the state championship games, that would
be really good and it's free.
Speaker 2 (04:28):
Yeah exactly, and you give it on a Metro News TV.
I think that the basketball tournament will be on there
again this year, so you'll be able to watch it
sometimes the Yeah, and it depends on how the s
SA see what the broadcast the TV rights. We always
have it on the radio, and it's changed a little
bit at time to time with the TV rights for it.
But I believe this year that's they're uh, they're going
to be broadcasting. Yeah, those are those are very uh
(04:49):
it's nice to see our high school players in four
k hot toff. You know, professional broadcast. The Pikewood folks
that the people from Metro News that that do that
do stuff for ESPN and stuff all the time. So
I mean they're at a they're at that level where
they're contracted out to do things for these national company.
They do a good job with it.
Speaker 3 (05:05):
And it's a financial deal too, because uh, you know,
I know from I see the viewership when I sponsored
some streaming of uh soccer, and you know, I can
see the viewership and I see how many watches are.
It's a good thing about streaming. You can see exactly
how many people are watching. And of course football UH
is it's a lot more viewers and probably any other sport,
(05:27):
but certainly you know, volleyball and soccer and uh basketball
is probably up there as well, and so just maybe
a financial thing, but if if the w V S
S a C has the ability to change that. Because
the other the national entity as well, you know, you
have to buy a subscription to to watch it. It's
a little confusing to get on there because it's national
(05:47):
and you got to find you know, find your team
and your state championship in order to to watch it.
But uh, anyways, a great It was a really good broadcast.
The result wasn't what I wanted in that game, but
had a good time watching it while I was out
of town, felt like I was there.
Speaker 2 (06:02):
Yeah, Yeah, it was a good It was a good game.
It was a shame. I did a pregame for Nitro
getting ready for it, got to talk to j row
House and some folks and and man, it was just
so close, you know. I mean, it's a shame with
two point conversion away. But one of the better state
championship games I can remember for quite some time.
Speaker 3 (06:17):
Has a lot of talent. We'll see I think they
graduate some and see what happens next year. But yeah,
and talking about community things, I yeah, of course, I
guess I can talk about what I want here since
I pay for the time.
Speaker 2 (06:30):
Yeah, absolutely, man, but if you have a.
Speaker 3 (06:32):
Legal question or comment or anything else we're talking about,
you can certainly give us a call. We'd glad to
take take the call if we get some questions or commentary.
But one thing I've talked about, I've been on the
board of directors for the Dumont Track County YMCA, which
is down Scott deept And for probably twenty years, and
(06:56):
been the president here for a few years running. And
we're doing some really good things down there. And then
of course there's the Canal YMC of the Kanaal Valley
here in Charleston. I think they have a satellite location
in Cross Lanes as well, and their executive director did
a little op ed in the Gazette and I was
aware of this issue. But one of the really good
(07:18):
things we do with the you know, it's much more
than a gym. Of course, we have an indoor pool
and a lot of programs there for kids and families
and things like that, so you get much more than
just going to your average twenty four hour fitness center.
But one of the things we do that I'm really
proud of is in Putnam County, we offer we offer
to the extent we can staff it, which isn't always easy.
(07:40):
But we offer for aftercare for every elementary school. So
you know, if you have a child that that goes
to any elementary schools where we offer aftercare, you can
leave your child there and not have to worry about
how they're going to get home from school right after
on the bus and who will be there with them
or picking them up, because we offer care right there
(08:03):
in the school system, and the school board has been
good to work with us to keep that going.
Speaker 2 (08:11):
A lot.
Speaker 3 (08:11):
And so you know, you can come when you get
off work five thirty six and pick your child up
and we have a well vetted, you know, folks there
to help the kids, and they do constructive things. But
the you know, we have a lot of folks who
(08:32):
are just getting by maybe paycheck to paycheck or very
little income, and of course with problems we have, you
got a lot of grandparents and things like that raising kids,
especially young kids that age. And so a decent amount
of the funding for that program is through a system
called link, which is a government subsidy, and so we
get a daily payment per child that stays in the
(08:56):
aftercare program. Now it's a I can't remember the rate
per day per child, but it hasn't been adjusted in
twenty years, so we'll just say it hasn't kept up
with inflation, which is fine. But what's happened recently, I
think it maybe goes retroactive to the beginning of this
school year. There's been kind of a what's been termed
(09:17):
a clarification, maybe a reinterpretation of the manner in.
Speaker 2 (09:22):
Which we get reimbursed.
Speaker 3 (09:24):
And and I just think it's our legod program because
when the legislature's in session, I think consistently over the
last couple of years, there's been discussion and even bills introduced.
You know, one of the problems with workforce participation is well,
what do we do with our kids? I mean, if
you're working a job that is equal to or not
(09:47):
much above minimum wage, it's real hard to justify that.
When you have to pay a large amount for childcare
or can't find childcare at all, that's that's quality. You
see a lot of value in the program. But this clarification,
what it did is it will no longer reimburse for
(10:12):
a child unless one day a month they stay four
hours in the after school aftercare program, which you can
do the math I mean kids. I think two thirty
three o'clock is when they normally get out of school,
and of course parents need to come pick them up
after work, so you're looking at five to six o'clock
normally makes it in a lot of situations virtually impossible.
(10:33):
To get to the new clarification, you have to have
four consecutive hours any one day a month or you
don't get any reimbursement for that child. And that's a
new interpretation. It was as long as they were in
the aftercare program, you know, you got your per day reimbursement.
So Sarah, I think her last thing's Bolliard. She's the
(10:55):
CEO of the Canall Valley Wide. I did a really
good op at in the gazette, so if you have
a chance to read it and give some more details.
But this is going to be a real, real problem
at some point because we need that funding to keep
these programs going. So if anybody, I guess I'm looking
for maybe a little bit bit of help, If anybody
in the legislature is listening, or you have some connection
(11:16):
with a local legislator, this is.
Speaker 2 (11:19):
A really valuable program.
Speaker 3 (11:20):
And the fact they haven't increased the reimbursement rate for
since I can remember. I think it's been well over
a decade. I'll say twenty years. That may be a
little longer than they've adjusted it. But we need a
re re clarification to get this back to the way
it was. If anybody out there is listening and participates
or utilizes that program, or maybe you did in the
(11:42):
past and it helps you think about it, If you
have some connection to a local member the legislature, maybe
reaching out and see if we can put some pressure
to get this re clarify. I don't think the legislature
changed anything. I'm not really sure about the process. I
assume there's a rule that's been reinterpreted. I mean it's
administered through the Department of Human Services, so I'm not
(12:04):
sure whether that came from the Governor's office down or
was an internal reinterpretation somewhere administratively. But yeah, if you
got some connections there, maybe make some calls or send
some emails, see if we can get that reclarified, and
maybe going into next year or maybe next semester, we
can get that straightened out. Because you know the why
in Tays Valley that where I'm the president of the board.
(12:28):
I mean, we'll get by I at least I think
speaking on behalf of the board. And you know, we
value that program significantly for the community, so we'll keep
doing it as long as we can. But it's you know,
over the last ten years or so, with the increase
in caught big box store type gyms and things like that,
it's it's put a little bit of a hit on
(12:49):
the on the local YMCAs and I don't know, grants
and funding from the federal level doesn't look like it's
going to increase anytime real soon. So we need a
little help there. And if you're out there listening to
have some connects, maybe put some pressure on it and
see if we can get the political media moving.
Speaker 2 (13:05):
Back in the right direction. That just I mean, I'm
not an expert on these things, but it seems like
this is the type of thing that feeds into when
we talk about the grandparent tax that we have here
in West Virginia, where grandparents do such a heavy lifting
when it comes to babysitting basically and watching kids and
things like that. I mean, this is one of the
reasons you can't afford daycare. There's not enough, there's not
(13:25):
enough programs out there for you to get into at
a relatively modest rate, and you work for you know,
fifteen or eighteen dollars an hour that when you look
at that at the cost of healthcare, you just can't
or a daycare, you can't do it. I mean you're
just paying everything that you're making to go to your care.
So you have to find I mean there's got to
be some retards.
Speaker 3 (13:43):
I mean, I feel for folks in that situation. How
do you fit that balance? I mean, if you are
netting very little by working full time, I mean, it
would be enticing to come, you know, stay with your
kids when you can, versus going out into the work
for and of course we need, we need and wants
to do much higher workforce participation and qualified workers. So
(14:06):
this is one seems like an easy win, low hanging
fruit that we could get back on the table. And
and it's so convenient because you don't have to worry
about the transport of your child from the school anywhere else.
That's where the Board of Education comes in. They allow
us to utilize their facilities, which obviously already well equipped
to care for the children. And so it's a it's
(14:27):
a really great program. I think it helps a lot
of people.
Speaker 2 (14:30):
It seems to make sense. Yeah, it makes sense.
Speaker 3 (14:32):
So we'll see if we get the meter moving there,
maybe we can get that changed up. But I wanted
to mention that because I think it's important. So otherwise locally,
I see, But Jeff had a in the news this morning,
not to shift gears is something completely opposite. But yeah,
it was a criminal case up in I think Wood County, Parkersburg,
(14:54):
where somebody entered a plea to sex abuse. Unfortunately, and
and but part of Jeff's news article was not just that.
Speaker 2 (15:05):
So there was a plea entered.
Speaker 3 (15:06):
So the defendant has entered a plea to I think
multiple counts because I heard Jeff say, exposes him up
to twenty five years in prison. But one of the
taglines in the articles that the parent There was no
audio of it, but apparently the parents were upset during
the plea hearing because the defendant entered what it's called
a Kennedy plea. And in essence, I thought I would
(15:29):
explain that a little bit. So Kennedy plea. Kennedy's just
a name from a case where it kind of came
about decades ago. But it's like a no contest please,
so when you know, you'll hear oftentimes. In fact, we
heard a different one this morning. I think it was
a homicide case where the man was having to recite
the facts of what he did during his plea agreement,
(15:51):
in essence admitting the wrongful conduct. When you do a
Kennedy plea or a no contest plea, the defendant doesn't
have to provide what they call a factual basis for
what they did. They don't have to admit they actually
committed the alleged conduct. In essence, they're saying, well, I
(16:11):
think the state could prove these charges against me. I'm
not gonna admit I did it. I'm gonna go ahead
and enter a plea agreement where the judge will find
me guilty on one or more accounts, and then the
rest of the charges are dismissed. So it's a plea
deal where some charges are dismissed. So apparently there was
some dissatisfaction with the victims' families because the man didn't
(16:37):
you have to admit what he did during the plea hearing,
which could be frustrating if your child was a victim.
Speaker 2 (16:43):
I'm sure However, the.
Speaker 3 (16:47):
Couple things on the sex abuse type case just to
not that we'll make the parents feel any better. But
one a new contest plea, the judge still finds the
person guilty, so he's going to get it be exposed
to exactly the same punishment that he would be exposed
to if he admitted that he actually did something. Of course,
(17:07):
you can never make a defendant, I mean, go through
a trial and a jury could find a defendant guilty,
but doesn't mean they ever.
Speaker 2 (17:16):
Have to say they anything wrong.
Speaker 3 (17:19):
So I think probably like it is in most of
these cases, the prosecutor hast away and balance, you know,
the putting a child on the stand is subject across
examination sometimes reliving this is not always in the best
interest when you can secure a conviction otherwise. So they're
going to secure a conviction or convictions depending on the
number of charges of guilty, no matter whether it's a
(17:41):
Kennedy or no contests clear or not now, and it
exposes him to the same maximum time of incarceration. However,
sex based defenses are a little bit different. First of all,
when there's a no content type plea and there's a
(18:02):
people are the victims, you know, there's either a violent
crime or something not a crime against property. Then of
course one of the factors when the judge decides to
sentence somebody is their remorse, is their responsibility? Well, there
really can't be in a no contest, please, so he's
going to get dang there. The other thing that has
been the law for a god since I've been practicing.
(18:24):
Whenever there is a sex based offense and a person's
found guilty, they are generally prohibited from getting it. They
have to be incarcerated unless they have a treatment plan,
which involves going to psychologists or psychiatrists that examines them
and then you know, assesses things like risk of reoffending
(18:47):
and can they be really rehabilitated, are they safe in
the public, do they need to have you know, what
type of counseling? Other things need to be addressed with
this person if they're going to be able to get
an alternative sentence like probation. In my experience, and I
think it's pretty universal, if if the defendant will not
(19:07):
admit the underlying conduct, you can't get a rehabilitation plan.
So what this person has not not that the judge
would necessarily have done it anyway, but when he refuses
to admit the underlying conduct, he has basically foreclosed any
alternative sentence, potentially home confinement, but I don't think on
(19:29):
a case like this that's going to be an option.
So he'll have no chance of probation. So whatever the
prison sentence is, if there's more than one charge, it
could be the judge could make it consecutive, one sentence
after the other, or concurrent where a ser he serves
them at the same time. But he will end up
going to prison for this charge because he's not admitted.
Speaker 2 (19:49):
So there's actually some.
Speaker 3 (19:52):
Solace there, I guess for the victims and their families,
and that when he does a no contest play, it
basically forecloses the ability to get probation or any alternative
where he is not going to be incarcerated.
Speaker 2 (20:03):
But it's a good explainer. Yeah, I didn't know the details.
It wasn't behind that.
Speaker 3 (20:06):
Yeah, Kennedy, please so, but you know, and you just know,
you know, no matter what the evidence is, I mean, well,
a lot of times in these sex abuse cases it's
there's not a whole lot of objective I wouldn't say objectivestly,
but there's not hard evidence as far as DNA things
like that, I mean texting videos. I mean, if you
(20:29):
have something like that, it's good. But a lot of
times it's just a child saying this is what happened
to me. And then it's a credibility assessment. And so
presume you know, the defendite of course doesn't have to testify,
but can and then you know, you just never know
what a jury's going to do with those. So probably
was a sound decision by the prosecutor. And I hate
it that the victims' families are upset, but his time
(20:51):
will come at sentencing.
Speaker 2 (20:52):
I think, yeah, yeah, let's let's go into this. Let's
take a break. We'll take a commercial break when we
come back. Still still time left. If you would need
to put the power paintent on you're side this morning
and give us a call. Three zero four three four
five fifty to fifty eight. Any questions you have has
to do with the law that Tom can help you
out with. Three zero four three four five fifteen to
fifty eight. If you're in a situation where you need
to text in, you can do that as well. Three
zero four non three five five zeros. You're eight threes
are four non three, five, five zeros, you're eight. We'll
(21:12):
take a break and be back right after this. You're
listening to ask the Lawyer with Tom Payton from the
Peyton Law Firm. I'm Delle Cooper and this is five
ADWCHS the Voice of Charleston.
Speaker 4 (21:20):
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The Christmas season is a time of family traditions, Christmas parties,
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Many of us consider these core holiday traditions. For over
a century, another tradition in the Canal Valley was to
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(22:26):
on that tradition. Your gift this holiday season will help
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Speaker 2 (22:46):
Fifteen minutes to the top of the hour. He give
us a call this morning three zer a four three
four five fifty eight fifty eight three four five fifty
to fifty eight for Tom Payton from the Payton Law
Firm Mimdale Cooper. You're listening to Ask the Lawyer WCCHS
the Voice of Charleston. You can find more information online.
You can go to w's just network dot com slash
patent and get to the Payton Law Firms Ask the
Expert shows that we put up there every Thursday. After
(23:07):
the shows are over, you can find over there on
the website. We do that every week. You can give
us a call this morning if you have any questions
about the law for the Payton Law Firm three zero
four three four five fifty eight fifty eight. Three zero
four three four five fifty eight fifty eight. More information
on line at the Payton Lawfirm dot com, p E
Y T you and Peyton Lawfirm dot Com located at Nitro, West, Virginia.
Their number by the way, seven five five fifty five
fifty six. We'll get more information out to you before
(23:28):
we leave the airways. Three zero four seven five five
fifty five fifty six.
Speaker 3 (23:31):
Yeah, you can get our website and it's actually I
think we have a link on there too the podcast
our of our show if you're wanting to go back
and listen. But a lot of general information about our firms,
some specifics about our staff and things like that, and
you can submit a question right through our website and
it's it's not going to an answering service or any
kind of there's no AI response to that when it
(23:55):
comes right to Dad and my emails, so we try
and respond on the same day if we can. If
you don't get a response, maybe give us a call.
I have noticed lately, and I think Copy was talking
about it and his piece this morning, but it's really
(24:16):
difficult to figure out fraudulent emails from real ones and
we get Actually, I replied to one and had a
little back and forth a few months ago. It was like, we, hey,
we need help with our closing. Can you review documents?
And then they emailed me some document to click in
said sure, I'll just take a look at it. You know,
(24:37):
I've reviewed thousands of Chase real estate closing documents. Takes
me a few minutes to make sure everything's in a chord.
Usually ninety nine percent of the time. It's fine, but
they feel comfortable. Some folks feel comfortable having their own
lawyer versus the closing lawyer doing looking over the numbers,
went to click on it, and when they emailed it
to me like a DOCU sign or something like that
(25:00):
wouldn't open. So the way you can copy and paste
this link, And when I did that, it wouldn't open either.
And I went back to the person in the email
and said, well, I can't get this to open, and
it was something like, well, this is the same way
we did it with the lawyer that we had who
retired or something, but it's all generic and no real names.
(25:21):
And then I thought, well, this then I tried to
call the person, because you're supposed to put a phone
number in your email to us, and of course it's
usually safe to call from a landline so called no
no number. I just went dead or hung up as
soon as somebody picked up, and luckily I didn't get
far enough into it to sabotage our server, any systems
(25:42):
that run.
Speaker 2 (25:43):
What's scary to think about is there situations just like
yours out there where the the the business end of
that does use AI. You got the Peyton Law firm
is completely human, so you don't have to worry about that.
But there's places that use AI. They'll get one of
these fraudulent maybe AI Assistan a fraudulent emails in and
then they start talking to each other. Okay, you know,
(26:04):
I didn't think about that, and and those conversations take
place without you and I ever knowing about it. Yeah,
it's kind of frightening, it's uh.
Speaker 3 (26:11):
And then but since then now I've noticed we've gotten
five or six very similar inquiries, and of course we
just delete them and and don't respond to them. But
but when doing so, in chase, you have to do that,
but in doing so, it's possible we could delete legitimate emails.
So if you if you don't get any response within
a few days, just give us a call and tell us,
(26:32):
you know, hey, I sent this email and then we'll
go back there that's unfortunate and read check it. But yeah,
you and and consistently now I'll get UH emails. A
lot of them are like DOCU sound I want you
to click on something. I mean they are I'm pretty
good at at UH. I think I have anyway at
vetting and figuring out real verseus fraudulent emails. And it's tough.
(26:55):
I mean, you just have to these days, you know,
if you're out and if you get if you're the
victim of a scam where you you know, it's very
hard to catch the people that do it because they
are so crafty technologically to you know, they can mask
where they.
Speaker 2 (27:11):
Are even on emails. I mean they cannot. We get
we get emails from the president of our company sometimes.
Now luckily scammers don't always know your naming conventions and
things along those lines internally within your company, right, But
that doesn't mean it's like that for every company. So
just because they send something to us that we can
tell by looking at as like, yeah, that can't be real
because of the naming convention they're using at the email
doesn't match the way our main naming conventions does. That
(27:33):
doesn't mean they don't get it right. Sometimes with other companies,
you know what I mean, that's scary because it's like
they try to get you with like the W two
stuff or you're yes and tax returns and like all
these different things are trying to get you to click
through to it. And what happens when you if you
lose your data to that, I mean, that's uh, there's
a whole bringing the firm and call insurance carrier.
Speaker 3 (27:50):
You know, we get calls about it when you know,
but it's just not something in our wheel. Well it's
very difficult to solve and you can't really hire a
law private lawyer to deal with it when you're scam
by somebody that might be in Nigeria or chy, you know,
you know who knows where and it's not really something
that you know, we ask people will go ahead and
forward it to the FBI and tell them or they
(28:11):
watch the Attorney General's office. But it's very difficult. So
what you just have to protect yourself and if you
get an email with an attachment or a shipping tracking
number that you don't absolutely recognize, then just don't click
on it. I think it's safe generally. You know, if
there's a phone number on there anywhere, if you're probably
(28:34):
from your cell phone, certainly from a landline or conventional phone,
you can call the phone number and check and usually
that'll weed it out real quick because you'll get somebody
on there that and some of them are I've you know,
I've I've called them back and talked to you. They'll
push but uh, they're pushy and you don't know what
you're talking about when you're saying that, no, I don't
(28:55):
need a Microsoft Windows update where I send you my
you know, just you don't, and so you got to
push back, but they'll they'll eventually go away. But a
phone call is usually the safest way to find out.
But you know, don't if you don't recognize a sender,
and they'll infiltrate. I mean, I've had lawyers emails come
(29:17):
to me that look real but just something's off about it,
and call that law firm, and of course they all
know we've had our emails infiltrated. Now it's a phishing scam,
So be careful out there because there's not a whole
lot of legal remedy for that if you get into
that situation.
Speaker 2 (29:34):
Bitcoin's a big one too. Right now, will you get
an email where somebody's like, uh, we have records twenty
years old that you bought a fraction of a bitcoint
like it'll be like this nose and be like you
may have millions of dollars ready to be Just send
us your information and we'll see if we can get
your chain on the water. You know, whatever it is,
and it's just it's just to get your banking.
Speaker 3 (29:51):
There's one out of dealt with two for a couple
of clients. Publisher's clearing House. Is it still around, Well,
it is, or at least it was a couple of
years ago when I dealt with a client who was
sure he had won Publisher's clearing House. And of course
if you hear that, you want to win. I mean,
(30:11):
you know, yeah, I want to go with it. But
they actually have a Yes, somebody had called him and
I had more than one, and somebody had called him
and said he was you know, they were going to
come this day with the big check, and uh, but
they of course needed you know, his account information or
something like that. It was starting to they were. It
was kind of a slow lead in. They didn't it
(30:32):
was pretty savvy, so they didn't immediately ask for account information.
But I thought, well, let me look into this. I mean,
i'll'd be great. But actually, if you look up Publisher's Clearinghouse,
they they have a whole fraud like hotline because they
get impersonated all the time.
Speaker 2 (30:48):
Of course they do.
Speaker 3 (30:49):
One of the things that says on there which I
found interesting, was that Publisher's Clearinghouse, if you win that,
which you know, of course this fella hadn't didn't recall
subbody anything. Generally you get like a magazine subscription.
Speaker 2 (31:00):
I think you have to. I remember it from when
I was a kid. You had to subscribe to that.
A bunch of things you had to stick on them,
and you'd have to mail it back in and all day.
I tried to win it, right much to my parents,
to grin is like why we could always if you
haven't ever.
Speaker 3 (31:13):
You know, participated in Publishers Clearinghouse affirmatively, then you're probably
not going to win it. But interesting thing on that one.
If you do get solicited by someone saying you want
publishers clearinghouse? Is they they put on their website. They
literally don't. They don't call you ahead of time or
tell you you won they really do surely just come
to your house. And that says that I said, that's
(31:34):
one way you can detect it, because we don't.
Speaker 2 (31:37):
It's like the r S. The RS doesn't call you,
they least send your correspondence. Right.
Speaker 3 (31:41):
Yeah, that's kind of a good rule of thumb on
on those as well as to if you get calls
threatening you with that collection or there's all kinds of
them around locally, just got to be very wary. And
I hate, you know, I've had a lot of times
senior folks that have you know, they've sent money to
somebody or driven somewhere and delivered money to somebody. It's
(32:01):
got to be if you're asked to provide money or
detailed account information or you're so security number in exchange
for some something you want, then do not participate in
it is not.
Speaker 2 (32:17):
Is there something with my understanding was at one time
and I can't remember now where it was on the
show somewhere, but I can't remember who told me that
if you work for somewhere in like Western Union or
not work for them. But you're at like the grocery
store or the pharmacy or something. Somebody's coming in and
using a wire service to send somebody money. And the
situation that they're explaining to you, you know, as a
(32:38):
person that works there, that this is probably a fraud
your grand but your grandson probably isn't in a Mexican prison,
you know. But that one before My understanding is that
they're not allowed to tell them that that they can't
intercede because what if it is real? What if it
you know, what if this one time or whatever.
Speaker 3 (32:53):
I'm not aware of that, okay, policy. I know that
there's a local employer, a fairly significant one. Well they're local,
but they're nationale as well, where they won't let their
employees take any action against a shoplifter as a matter
of policy, which I.
Speaker 2 (33:14):
Think is inappropriate.
Speaker 3 (33:18):
Really, I mean, so employees are stuck watching, just watching
somebody walk out there. Yeah, I mean, I guess you
called the police, but if they can't get there in time,
and that's it. And so there could be employer policies
that say, you know, we've balanced this and we're just
not going to interfere with private wire transactions. If they
want to do it, you're not allowed to stop them
(33:40):
or warn them about the situation, which defies common sense
to me.
Speaker 2 (33:44):
I was trying to talk to a lady because I
don't want to stick my nose into somebody else's business.
But I heard a lady one time explaining to the
person taking their wire money, and the situation was literally
that week I had had an interview with the Attorney
General that I did on the air where they were
explaining these different scams that were happening, and this scam
that this lady was or the situation this lady was
explaining to the person getting ready to take her money
(34:05):
was exactly the scam. It was the Mexican grand grandson
and a Mexican prisoner or whatever. And I was trying
to be like, are you have you did you actually
talk to him? Do you know that it was him?
Have you tried calling that you know? I was like,
And then the lady that was taking was like, sir,
you need to step aside, you know, like, wouldn't let
me like try it's none of my business. But at
the same time, I just felt like that lady was getting.
Speaker 3 (34:23):
Yes, I kind of like to talk about it from
time to time just because to get the word out there,
because you just can't get the word out there enough
and you think, well, everybody knows this is not real,
but then you get a call from somebody who's been
taken advantage of and these days with AI and computers,
it's just so difficult to detect what is fake and
what is real. But yeah, if you have an issue
(34:45):
on that, you can give us a call. But unfortunately
it's not a case we normally take, and we have
to give bad news that well, if you wired five
thousand dollars to get fifty grand back, you're not going
to get your fifty grand and you're probably not going
to be able to track your five thousand dollars. So
just be wary of that see over the holiday season.
But things we do do so if you do have
(35:07):
you know, we do civil litigation at Peyton Law Firm primarily,
so that's represent normally consumers meeting kind of everyday people.
We do some small business work as well, but if
you've been injured either financially or physically, and have a
dispute with maybe an automobile insurance company, homeowners insurance, things
like that. Those are the kind of cases that we
do really well on. We do a little criminal defense,
(35:29):
we do so security, disability, and of course basic real estate,
both deeds and litigation. A lot of a state work
as well. So any issue you have, you can reach
out to us, and of course we don't start the
meeter run and when you email us or when we
call you back, and if it's something that we can't
it's not in our wheelhouse, we'll we'll normally have a
(35:50):
lawyer that we can refer you to that maybe like
we don't do bankruptcy, for example, so generally when I
get bankruptcy calls, I'll rere firm to maybe Andy Nason
here in Charleston's kind of a bunch, but I feel
free to stop by, give us a car, says an email,
We'll be glad to help.
Speaker 2 (36:04):
It's the Peyton Law Firm. By the way, We've got
a text just a couple of minutes ago. This was
from Mark Perdetti, Deputy director of West Virginia Small Business
Development Center. Good morning down on tom A lot of
people don't know this, but approximately forty five percent of
all cyber attacks target small businesses. Yeah, so there you go.
We are one that's exactly what you're running into. Peyton
Law Firm Online, Peyton Lawfirm dot com, p E y
T and Peyton Lawfirm dot Com. Okay to night, Sure
(36:25):
West Virginia seven five five fifty five fifty six three
zero four seven five to five fifty five fifty six
seven five to five fifty five fifty six Back here
every Thursday. Uh, and we'll be back here next Thursday,
right here on five ADWCHS on Ask the Lawyer. Thank
you so much, Tom, Thank you so much, Tom for
your Tom. We'll see you back here next week. I'll
be back. Take care everyone. Coming up next Dave Allen
on The Dave Allan Show five eighty Live. I'll be
(36:46):
back this afternoon filling in for Dave weekly on hotline.
Have a gret day. Everyone listening to five ADWCHS. We
are the voice of Charleston w CHSA, W two four
three d r f M Charlestown, W two A three
A Q Cross Lanes, a w VRC media station. We're
(37:07):
proud to live here too,
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