Zimarowski Law Offices

Serving the WVU Community

Serving North Central
West Virginia

Experienced West Virginia Trial Lawyers

Criminal and civil practice in both Federal and State courts in North Central West Virginia. Practice includes state and municipal courts in Morgantown (Monongalia), Fairmont (Marion), Kingwood (Preston), Clarksburg (Harrison), Grafton (Taylor), and Phillipi (Barbour). Practice also includes Federal Courts in the Northern District of West Virginia at Wheeling, Clarksburg, Elkins, and Martinsburg. Also serving the West Virginia University (WVU) faculty and student community.

No contract is implied or expressed without direct telephone, written, or personal contact.

Offices conveniently located in the historic Citizen's Building next to the old Monongalia County Courthouse in downtown Morgantown, West Virginia.

About Us

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James Zimarowski

Attorney

James Zimarowski is well known from the media accounts of his jury trials as the preeminent criminal defense attorney in North Central West Virginia.

James Zimarowski has been doing trial work, both criminal and civil, for over thirty years.

James Zimarowski's criminal jury trials are noteworthy not only for their results but the high level of advocacy and technical command demonstrated - raising the bar as it were - to ensure a fair trial and adherence to the rule of law.  James Zimarowski's civil and administrative work reflects a body of work reflecting the best of trial advocacy and good lawyering.

Martindale-Hubbell's peer rating for James Zimarowski is an "AV"- the highest available at the "preeminent" level for legal ability and ethics.  Very few attorneys in Monongalia County have such a high peer rating.

James Zimarowski is a product of West Virginia educational institutions.   He has six degrees: five from West Virginia institutions.  He holds two undergraduate degrees from West Virginia Institute of Technology and two Masters degrees from Marshall University.  James Zimarowski's first law degree is from West Virginia University where he served on Law Review and graduated near the top of his class, earning the prestigious Order of the Coif. He went on to earn a post doctoral degree in law from the University of Illinois.  James Zimarowski has published numerous scholarly and law review articles which are cited and used by many scholars in the fields of labor, economics, and employment law.

The ability to communicate is essential in a trial attorney.  James Zimarowski has experience as both a criminal defense attorney and prosecutor.  James Zimarowski has worked as an engineer, educator, and researcher. He has published scholarly articles and taught legal topics in labor/employment law and trial advocacy at universities including West Virginia University and University of Notre Dame.  James Zimarowski routinely appears as a presenter at Continuing Legal Education seminars and serves on various judicial/legal rules committees.

James Zimarowski also has farmer and cattle breeder to his credentials.   As the owner of Crooked Stump Farm, he raises purebred Scottish Highland Cattle and Jerusalem Donkeys and actively works the farm in the mountains of Preston County, West Virginia.

James Zimarowski brings years of experience, the ability to communicate effectively, and credibility to the courtroom and legal process.

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Areas of Practice

Zimarowski Law Offices’ primary emphasis is criminal litigation and procedure in North Central West Virginia.

We have defended individuals’ accused of State, Federal, and WVU Student Conduct criminal offenses including:

  • Alcohol Related Crimes

    • Driving under the Influence (DUI/DWI)
    • Underage Consumption/Possession of Alcohol
    • Open Container Violations
    • Public Intoxication

  • Drug Offenses

    • Possession of Controlled Substances
    • Possession with Intent to Distribute
    • Manufacture

  • Obstruction of Justice

  • Violent Crimes

    • Assault
    • Battery
    • Robbery
    • Unlawful/Malicious Wounding
    • Domestic Violence
    • Child Abuse
    • Abduction
    • Kidnapping
    • Homicide (Murder, Manslaughter, Wrongful Death)

  • Civil and Criminal Appeals

  • Arson

  • Breaking and Entering

  • Computer Crimes

  • Conspiracy

  • Counterfeiting

  • Money Laundering

  • Criminal/Civil Forfeiture

  • Embezzlement

  • Fraud

    • Medical Fraud
    • Insurance Fraud
    • Credit Card Fraud
    • Wire/Mail Fraud
    • Criminal Fraud

  • Firearms Violations

    • Felon in Possession of a Firearm
    • 18 U.S.C. § 924 violations

  • Habeas Corpus, State and Federal

    • 28 U.S.C. § 2254 Federal Actions
    • 28 U.S.C. § 2255 Federal Actions

  • Crimes Against Property

    • Larceny
    • Transferring/Receiving Stolen Property
    • Theft
    • Burglary

  • Perjury/False Swearing

  • Probation/Parole Violations

  • Sex Offenses

    • Rape
    • Sexual Assault/Abuse
    • Sexual Misconduct
    • Solicitation of a Minor
    • Child Pornography

  • Prostitution

  • Tax Evasion

  • Serious Traffic Offenses

    • Reckless Driving

  • White Collar Crime

In addition, Zimarowski Law Offices maintains a general civil litigation practice involving personal injury, breach of contract, administrative law, and labor side labor/employment law. We represent labor unions and union members in all aspects of labor related actions.

West Virginia does not permit an attorney to claim specialization in any area of law.

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Major Credit Cards Accepted.

Contact Info

Zimarowski Law
265 High Street, Suite 200 Morgantown West Virginia 26505
Morgantown, WV 26505
P: 304-292-7492
F: 304-292-7496

Trial Work

A sampling of significant trial work.

  • U.S. v Boley, No. 1:18CR46-7 (2018)
    (Drugs) (Suppression Issues)
  • U.S. v Graham, No. 2:17CR5 (2017)
    (Civil Rights Violations) (Plea)
  • ICWU Local 261-C (2017)
    (Collective Bargaining Negotiations) ( )
  • State of West Virginia v L’Heureux, Barbour Co. Felony No. 17-F-20 (2017)
    (Sex Crimes) (Plea)
  • U.S. v Skipper, No. 1:16CR82 (2016)
    (Fraudulent Schemes) (Plea)
  • State of West Virginia v Lazzelle, Taylor Co. Felony No. 16-F-65 (2016)
    (Attempted Murder) (Competency Issues)
  • State of West Virginia v Al Hakeem, Monongalia Co. Felony No. 16-F-25 (2016)
    (Sex Crimes) (Plea)
  • State of West Virginia v Kovach, Monongalia Co. Felony No. 15-F-85 (2015)
    (Child Abuse with Death) (Plea)
  • State of West Virginia v Ascolese, Monongalia Co. Felony No. 12-F-261 (2012)
    (Malicious Assault) (Plea)
  • U.S. v Mays, No. 1:11CR96 (2011)
    (Child Pornography) (Plea)
  • State of West Virginia v Vantrease, Monongalia Co. Felony No.10-F-14 (2010)
    (Malicious Assault) (Conviction)
  • State of West Virginia v Hausrath, Monongalia Co. Felony No. 10-F-102 (2010)
    (Murder) (Plea, Lessor Included)
  • State of West Virginia v McIntyre, Monongalia Co. Felony No. 10-F-571 (2010)
    (Murder) (Conviction of 2nd Degree Murder)
  • State of West Virginia v Morris, Marion Co. Felony No. 09-F-106 (2009)
    (Vehicular Homicide, Erin's Law) (Case Dismissed)
  • U.S. v. Duelly, No. 1:08CR12 (2008)
    (Racketeering/ITAR/Prostitution) (Conviction)
  • State of West Virginia v. Podolsky, Marion Co. Felony No. 07-F-206 (2007)
    (Murder) (Plea/Lesser Offense)
  • State of West Virginia v. Schleger, Preston Co. Felony No. 07-F-5 (2007)
    (Murder) (Not Guilty)
  • State of West Virginia v. Eagle, Marion Co. Felony No. 06-F-77 (2006)
    (Murder) (Mixed Verdict)
  • State of West Virginia v. Michael, Monongalia Co. Felony No. 06-F-151 (2006)
    (Murder/Arson) (Mixed Verdict)
  • State of West Virginia v. Cleveland, Monongalia Co. Felony No. 06-F-148 (2006)
    (Murder) (Conviction)
  • State of West Virginia v. Lister, Marion Co. Felony No. 05-F-90 (2005)
    (Murder) (Conviction)
  • State of West Virginia v. Friend, Preston Co. Felony No. 05-F-40 (2005)
    (Murder) (Plea/Lesser Offense)
  • State of West Virginia v. Tilko, Marion Co. Felony No. 03-F-40 (2003)
    (Embezzlement) (Plea)
  • U. S. v. Kelly, No. 1:03CR50-1 (2003)
    (Firearms) (Mixed Verdict)
  • State of West Virginia v. Moats, Monongalia Co. Felony No. 03-F-64 (2003)
    (Murder) (Plea/Lesser Offense)
  • U. S. v. Ensell, No. 1:02CR21 (2002)
    (Terrorist Threats) (Plea)
  • State of West Virginia v. Ferguson, Monongalia Co. Felony No. 02-F-95 (2002)
    (Murder) (Conviction)
  • U. S. v. Jackson, No. 3:02CR46, (2002)
    (Murder/Drugs) (Conviction/Non-Death Penalty)
  • State of West Virginia v. Nicholas, Monongalia Co. Felony No. 01-F-36 (2001)
    (Murder) (Not Guilty/Mixed Verdict)
  • U. S. v. Filcheck, No. 1:01CR45 (2001)
    (Medicare Fraud) (Conviction)
  • State of West Virginia v. Bohon, Monongalia Co. Felony No. 00-F-54 (2000)
    (Murder) (Mixed Verdict)
  • State of West Virginia v. Cox, Harrison Co. Felony No. 99-F-74-1 (1999)
    (Murder) (Not Guilty/Mixed Verdict)
  • State of West Virginia v. Baylor, Preston Co. Felony No. 98-F-16 (1998)
    (Assault) (Mixed Verdict)
  • State of West Virginia v. Kent, Marion Co. Felony No. 98-F-167 (1998) (2007)
    (Murder) (Mixed Verdict)
  • State of West Virginia v. Komons, Monongalia Co. Felony No. 97-F-115 (1997)
    (Sexual Assault) (Mixed Verdict)
  • State of West Virginia v. Titler, Marion Co. Felony No. 95-F-53 (1996)
    (Murder & Kidnapping) (Not Guilty)
  • Uphold v. WVU et al., Monongalia Co. Civil Action No. 96-C-160 (1996)
    (Discrimination) (Plaintiffs Verdict)
  • State of West Virginia v. Dower, Preston Co. Felony No. 96-F-       (1996)
    (Kidnapping/Hostage Taking) (Not Guilty)
  • State of West Virginia v. Thompson, Monongalia Co. Felony No. 95-F-       (1995)
    (Serial Murder) (Plea)
  • State of West Virginia v. Zinn, Preston Co. Felony No. 95-F-        (1995)
    (Sexual Assault) (Not Guilty)
  • U. S. v. Knibbs a/k/a Jamaican Paul, No.: 5:90-CR122-02 (1995)
    (Continuing Criminal Enterprise/CCE/Firearms) (Conviction)
  • Humphries et al. v. Crosby et al., Monongalia Co. Civil Action No. 92-C-841 (1995)
    (Medical Malpractice) (Settlement)
  • State of West Virginia v. Hetrick, Marion Co. Felony No. 94-F-          (1994)
    (Murder) (Not Guilty)
  • Circuit Clerk of Marion County, et al. v. Marion County Commission, Civil Action No. 94-C-        (1994)
    (Government Funding and Budget Process) (Settlement)
  • U. S. v. Parker, No. 2:93CR          (1993)
    (Obstruction of Justice) (Not Guilty)
  • State of West Virginia v. Hawkins, Monongalia Co. Felony No. 93-F-113 & 94-F-268 (1993 & 1995)
    (Serial Sexual Assault) (Conviction)
  • State of West Virginia v. Hamrick, Monongalia Co. Felony No. 91-F-        (1991)
    (Murder) (Not Guilty)
  • State of West Virginia v. Boone, Marion Co. Felony No. 90-F-        (1990)
    (Murder, Kidnapping, et al.) (Conviction)

Appellate Work

  • State of West Virginia v Knoll, (WVa 2016) Memorandum decision
    Evidentiary issues
  • State of West Virginia v. Kent, 678 S.E. 2d 26 (WV 2009)
    Murder: Double Jeopardy
  • United States v. Pyles, 2008 U.S.APP. LEXIS 7286 (4th Cir. 2008)
    Sentencing Variance
  • Pyles v. United States, 128 S.Ct. 865, 169 L.Ed 713, 76 U.S.L.W. 3343 (2008)
    Gall Issue
  • United States v. Martin, 2008 APP. LEXIS 723 (4th Cir. 2008)
    Judicial Factfinding
  • United States v. Pyles, 482 F.3d 282 (4th Cir. 2007), vacated and remanded, USSCt, 2008 U.S. LEXIS 25 (Jan. 7, 2008)
    Sentencing Variance
  • United States v. Jones, 214 Fed. Appx. 329 (4th Cir. 2007)
    Sentencing Issue
  • United States v. Filcheck, 165 Fed. Appx. 284 (4th Cir. 2006)
    Booker Issue
  • State of West Virginia v. Ferguson, 607 S.E.2d 526 (WV 2004)
    Murder: Confrontation Issue
  • Board of Trustees of Fireman's Pension and Relief Fund of the City of Fairmont v. The City of Fairmont, 599 S.E.2d 789 (WV 2004)
    COLA Interpretation
  • State of West Virginia v. Bohon, 565 S.E.2d 399 (WV 2002)
    Murder; Privileges; Confrontation Issues
  • State of West Virginia v. Baylor, 542 S.E.2d 399 (WV 2000)
    Assault; Confrontation Issues
  • State Ex Rel Hall v. Liller, 536 S.E.2d 120 (WV 2000)
    Murder; Battered Woman Syndrome; Ineffective Assistance
  • United States v. Musgrove, U.S. APP. LEXIS 16331 (4th Cir. 1999)
    Relevant Conduct: Drugs
  • Kincell, et al. v. Marion County Board of Education, 499 S.E.2d. 862 (WV 1997)
    Teacher Contracts
  • State ex rel. Stuckey v. Trent 505 S.E.2d 417 (WV 1998)
    Murder: Felony Murder
  • Ayersman v. Monongalia County Commission, et.al., 482 S.E.2d 140 (WV 1996)
    Government Immunity
  • United States v. Watson, 94 F.3d 643 (4th Cir. 1996)
    Sentencing Guidelines
  • State ex rel. McGraw v. Suarez et. al., 472 S.E.2d 792 (WV 1996)
    Consumer Fraud
  • State ex rel. Brewer v. Starcher, 465 S.E.2d 184 (WV 1995)
    Criminal Procedure; Plea Agreements
  • State of West Virginia v. Jessica M. et al., 445 S.E.2d 243 (WV 1994)
    Termination of Parental Rights
  • United States v. Parker, 28 F.3d 1211 (4th Cir., 1994)
    Criminal Procedure, Rule 29 Motions
  • Nutter v. Monongahela Power Company, 4 F.3d 319 (4th Cir. 1993)
    Civil Preemption, Removal and Remand

Numerous writs filed before the West Virginia Supreme Court of Appeals, Federal Appellate Courts and Administrative Agencies, and the United States Supreme Court.

Publications

  • Zimarowski, James B., Michael J. Radzicki, and William A Wines, "An Institutionalist Perspective on Law and Economics (Chicago Style) in the Context of United States Labor Law." Arizona Law Review, Volume 35, Number 2, pages 397-443 (1993).

  • Zimarowski, James B., "A Primer on Power Balancing Under the National Labor Relations Act." University of Michigan Journal of Law Reform, Volume 22, Number 1, pages 47-104 (1989).

  • Zimarowski, James B., "Interpreting Collective Bargaining Agreements: Ambiguity, Silence, and NLRA Section 8(d)." Industrial Relations Law Journal, Volume 10, Number 4, pages 465-508 (1988).

  • Zimarowski, James B., "Public Purpose, Law, and Economics: J. R. Commons and the Institutional Paradigm Revisited." West Virginia Law Review, Volume 90, Number 2, pages 387-416 ( Winter 1987-88).

  • Zimarowski, James B., "Book Review: The Hawk's Nest Incident: America's Worst Industrial Disaster." American Business Law Journal, Volume 25, Number3, pages 567-70 (1987).

  • Zimarowski, James B., "The Viability of the Collective Bargaining Process: Corporate Transformations as Unchanneled Bargaining Power." Hofstra Labor Law Journal, Volume 3, Number 2, pages 137-203 (1986).

  • Zimarowski, James B., "Employer Evasion of the Collective Bargaining Agreement: Policy Directions and the Reagan NLRB." Labor Law Journal, Volume 37, Number 1 pages 50-60 (1986)

  • Zimarowski, James B., "The Limits Upon a Labor Union's 'Duty' to Control Wildcat Strikers." West Virginia Law Review, Volume 84, Number 3, pages 703-87 (1982).

  • Perrine, A. W., James B. Zimarowski, et al., "Survey of Developments in the Fourth Circuit, 1981." West Virginia Law Review, Volume 84, Number 3, pages 703-87 (1982).

  • Zimarowski, James B., "Abusive Discharge and Employment at Will." West Virginia Public Interest Law Report, Volume 5, Number 1, pages 7-10 (1982).

  • Zimarowski, James B., "Into the Mire of Uncertainty: Union Disciplinary Fines and NLRA Section 8(b) (1)(A)." West Virginia Law Review, Volume 84, Number 2, pages 411-34 (1982).

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