Mark Weaver’s Answers

Mark Weaver

Columbus Litigation Lawyer.

Contributor Level 10
  1. How can you submit witness statements in writing if they are unable to appear in court?

    Answered 12 months ago.

    1. Jay Bodzin
    2. Kenneth J DeMoura
    3. Josh P Tolin
    4. Michael T Warshaw
    5. Mark Weaver
    5 lawyer answers

    The other attorneys have covered this well in their answers. Except in some very limited circumstances, testimony in court must come from people who are present and able to be cross-examined. In criminal cases, the right to confront an accuser in court comes from the U.S. Constitution.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Incorrect admission of guilt

    Answered about 3 years ago.

    1. Mark Weaver
    2. Richard Joseph Albanese
    2 lawyer answers

    A plea of guilty can be used against you in a civil lawsuit. Essentially, the person suing you would not have to prove that you violated your duty of care to the other driver -- the guilty plea would be pretty much all they would need to show. If you feel you entered your guilty plea under circumstances where you did not understand your rights, your attorney should file a motion to have the original judge overturn the verdict and ask for a trial or a no contest plea. If more than 30 days...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. Does no victim contact include social media sites?

    Answered 12 months ago.

    1. Dana Howard Shultz
    2. Mark Weaver
    3. Erick Masten Platten
    3 lawyer answers

    When a Judge imposes a "no contact" order, the Judge means for the Defendant not to make any direct or personal contact with the victim in any forum. General posts to social media sites that many people can see do not meet that definition. Certainly, a victim in a case should not be a Facebook friend, Twitter follower, Instagram subscriber, etc of the Defendant. The Defendant would be prudent to tell the Judge if the victim is, in fact, following the Defendant's social media feeds and the Judge...

    3 lawyers agreed with this answer

  4. My Ex keeps harassing me with threats of lawsuits. Does she have any case?

    Answered over 1 year ago.

    1. Celia R Reed
    2. Mark Weaver
    3. Andrew Mark Jaffe
    3 lawyer answers

    Things you say on Social Media can be the subject of a civil lawsuit against you, particularly if you say things that are provably untrue and damaging to someone's reputation. Unless the posted remarks are threats or violate a court restraining order, it's unlikely that criminal charges would be brought against someone for posting material on Social Media. Good luck.

    3 lawyers agreed with this answer

  5. Do i need a lawyer?

    Answered almost 5 years ago.

    1. Mark Weaver
    1 lawyer answer

    You need an attorney. It is very likely that you will be charged with a criminal offense. If you have an attorney, he or she could contact the police for you to explain your side of the matter and perhaps avoid a future arrest. Most situations like this do not get better with inaction. Good luck.

    1 lawyer agreed with this answer

  6. Can a Felony 5 be dismissed?

    Answered almost 5 years ago.

    1. Mark Weaver
    2. Philip Alan Eichorn
    3. Danny James Weisenburger
    3 lawyer answers

    If you have been arrested for a felony indictment, that means a Grand Jury has reviewed evidence about the alleged crime and voted to have you charged. The prosecuting attorney who works with the Grand Jury likely recommended a Fifth Degree felony as the most appropriate charge. Most prosecutors are willing to reduce a Fifth Degree felony in return for a guilty plea to a misdemeanor. Depending on your past criminal record and the details of the alleged crime, you may avoid jail entirely if...

    1 lawyer agreed with this answer

  7. My husband is being charged with Robbery, a second degree felony. What could he be sentenced?

    Answered almost 5 years ago.

    1. Mark Weaver
    2. Kevin Patrick Ondrey
    2 lawyer answers

    The range of penalties in the previous answer is correct. However, you may also want to consider that a judge who is sentencing someone convicted on a Second Degree felony must start with the presumption that the person convicted should go to prison. It would be rare to receive the maximum sentence, but a judge certainly has the ability to do so. Most judges will listen closely to the recommendation of a probation officer who completes a pre-sentence investigation report. Good luck.

    1 person marked this answer as helpful

  8. What type of lawyer can help us?

    Answered about 5 years ago.

    1. Mark Weaver
    1 lawyer answer

    You don't need a disability lawyer. This is a simple contract case. Any competent attorney who has handed contract disputes can help you. The lawyer will likely research case law that will help you determine whether you must repay the funds. Good luck. NOTE: Any information contained herein is intended for informational purposes only and should not be construed as legal advice. Always confer with a qualified attorney in your state who can review the individual facts in your specific case.

    1 person marked this answer as helpful

  9. How can I collect a personal loan that I made to an ex-boyfriend?

    Answered about 5 years ago.

    1. Mark Weaver
    1 lawyer answer

    The only way to collect a debt like this is by filing a lawsuit. In Ohio, you would file in Municipal Court. In Pennsylvania, you would file in District Court. The state where you file depends on where the contract was made. You can act as your own attorney but it is always more advisable to retain an attorney. If you win your lawsuit, you then get a "judgment" which allows you to collect. If he does not pay the judgment, you may be able to place a lien against any real estate he owns....

    1 person marked this answer as helpful

  10. 7 yr old son intentionally hit by coach with ball. Is there anything we can do legally?

    Answered about 5 years ago.

    1. Mark Weaver
    1 lawyer answer

    Under Pennsylvania law, assuming all your facts to be accurate and provable, you have two basic choices. One is to file a police report and ask the police to consider working with the District Attorney to bring a charge against the coach for criminal assault. Simple Assault is usually a Misdemeanor 2 charge, unless it is an assault by an adult on a child under 12, in which case it is a more serious Misdemeanor 1 (this seems to be the facts in your case). Or, you can go to the District...

    1 person marked this answer as helpful