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John Weber III

John Weber’s Answers

171 total


  • Friend is being investigated by FBI for interstate stalking

    My friend is being investigated for "interstate stalking" by the FBI. He was stalked himself by an unstable ex-girlfriend who called his family and even the police with false reports against him. He then sent an anonymous email to the woman's un...

    John’s Answer

    The fact that your friend has been identified by the FBI and a search warrant was issued to obtain his computer and phone suggests that they are serious about an investigation that may result in your friend being identified as a criminal target. He may receive a letter advising that the FBI has identified him as a target or they may just indict him by a complaint or indictment. At this point, he is probably better off not speaking to anyone without the advice and help of counsel. Unfortunately, these kinds of things rarely just "go away". Investigations can takes weeks or even months and there really is no hurry at this level of criminal investigation. Be sure that the attorney you speak to is well experienced with criminal cases specifically in federal court.

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  • How much time does the borrower have to vacate the property after a trustees sale is completed in Virginia?

    The sales is to be held on courthouse steps Tues. Oct29. The lender would not tell the occupant.

    John’s Answer

    • Selected as best answer

    After a trustees sale is concluded, the borrow/tenant will likely be aware that their home has been sold at foreclosure. Usually the bank or the new purchaser will be able to go through a legal proceeding to require the Court to order the borrower to leave the premises. On some occasions, the borrower may voluntarily leave but in the event that does not happen, the Court will require a date certain for the borrow to leave the premises.

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  • Does a title search have to be done to split inherited land?

    My siblings and I inherited a large piece of land, we had to have it split after the estate was closed so it could be in our names and could be sold. I am certain their was a title search done, but the lawyer says he didn't do one. Now, as we are ...

    John’s Answer

    A title search is a good idea to ensure that there is "clear title" to the property and that the new owner is not going to have any issues. Most any purchaser of the property is going to want to have a title search done and any lending institution that is making a loan against the property to the purchaser will most certainly require a title examination. A title search that reveals problems may also provide for a better understanding of how things can be done to fix the underlying title problems.

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  • Can I get custody of my biological son?

    I gave my family member with the understanding that he would be adopted by him and his then wife. I tried to get him back and went to court and everything but since I was not with the biological father of my son the judge said that the man I was w...

    John’s Answer

    Your situation seems to suggest that your son is with a family member but that you have not had your parental rights terminated. If that is the case, you certainly could have a legal basis to file for custody as the mother of your son. If your rights have been terminated, however, the effect of that is to essentially make you a "stranger to the child" in the eyes of the law.

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  • Can I file for custody of my daughter even after full custody was granted to the father

    Back in December my daughter "who is 11" father got full custody of my her and she had to move to Florida with him even though he had not been in her life in over 7 years with no contact. One thing the Judge order was for him to keep her in counse...

    John’s Answer

    From the information that you provided, you may have a basis to make a request for custody change. Usually a change after an order that is entered by the court requires a material change in circumstances, which is just to say that things have to be different enough to justify the court making a change. Based on the fact that your child's father left his wife, is not keeping your daughter in counseling and is not making sure that she takes her medicine may be sufficient change in circumstances to justify a change.

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  • What would be the benefits of getting a court appointed attorney as opposed to a one you hired yourself?

    I got a court appointed attorney for my first DUi Case bc I am unemployed....i dont feel like she did that great of a job...i am trying to decided if it is worth it to hire one myslef..

    John’s Answer

    You have the constitutionally protected right to counsel in a criminal proceeding. If you cannot afford an attorney, one will be appointed for you. Most lawyers that agree to take court appointed cases do so because they believe that individuals deserve good competent lawyers. We don't make alot of money on court appointed cases but believe it is an important contribution to the system. A paid lawyer may also take court appointed cases. Most importatnly, you should be able to trust that the lawyer representing you really demonstrates confidence and skill and that you and your lawyer can get along and communicate well with each other.

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  • IS THE NON-CUSTODIAL PARENT REQUIRED TO TAKE THE CHILD TO THE CHILD'S ATHLETIC GAMES DURING THEIR VISITATION?

    MY SON HAS VISITATION WITH HIS FATHER EVERY OTHER WEEKEND. ALL OF MY SONS LACROSSE GAMES ARE ON SUNDAYS AND HIS FATHER WILL NOT TAKE HIM ON THE WEEKENDS THAT HE HAS HIM. IS THERE ANYTHING I CAN DO LEGALLY TO MAKE SURE MY CHILD GETS TO HIS GAMES?

    John’s Answer

    If your son's father refuses to take him to his scheduled lacrosse games, it may be useful to go back to court and have the Court order amended to require that the father comply with any of the activities that your son is doing. If you son does not mind missing his games to be with his dad, then it is probably fine but it makes the most sense to try and work together to accommodate the interests of your son so that you are both able to help your son make his sporting commitments.

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  • How do I file a motion to reopen a divorce case

    I let my wife take the pictures of our children with the agreement that she would make me copies. Her lawyer says because it is not in writing she does not have to give to me. I don't want to pay my lawyer to go back to court. I think the judge wo...

    John’s Answer

    The final decree should usually have some language about the parties mutually cooperating with each other or something to that effect. You could file a show cause motion in the court alleging that she has failed to comply with the terms of the order but it would have to go back in front of the judge and fighting over an issue like this seems like it would be costly to both parties.

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  • I was awarded alimony in my divorce settlement. My X is behind over $33K. He is now receiving early retirement benefits..

    A domestic court judge in VA has ordered him to repay at $250 per month. Can his SS be garnished on top of this small amount? He earns over $2000/mo. from SS plus has a job. If so, what type of lawyer would I use to pursue the case - my divorce ...

    John’s Answer

    Usually alimony is awarded in a final decree of divorce issued by a Circuit Court. The Order is supposed to be obeyed and failure to do so could be something that you could bring a show cause for his failure to comply with the court order. The Judge would then have to make a decision about what to do about the failure to comply with the Court Order. A family law attorney would likely be a good person to speak to about this matter.

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  • Felony and child custody

    My spouse was convicted of a felony in 1991 and misd theft by check in 2005 will these help me get custody of my child?

    John’s Answer

    Evidence of a felony conviction in 1991 will not likely help you get custody of your child, especially since I suspect your child was born well after that date and you knew that going into the relationship or at some point during the relationship. The 2005 misdemeanor conviction for bad checks is a crime of moral turpitude and although you can argue that your spouse is not to be believed, it is only persuasive and a lot of other factors will have to be considered to decide who gets custody. The best interests of the child is always the most important consideration in making a custody determination.

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