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Mark Weaver

Mark Weaver’s Answers

78 total


  • My wife and I visited a lawyer specializing in Estate, Wills and Trusts. The Lawyer advertised the first 1/2 hour was free.

    We were there for 1 1/2 hours during which we explained that we were both currently working but planned to retire very soon and wanted to establish a will. We went over our real estate (our single family house), investments, 401K, profit sharing ...

    Mark’s Answer

    You are entitled to 30 minutes of a free consultation - because of the ad. From the 31st minute on, you owe the attorney something. How much you owe is the question. Most lawyers will tell you their hourly rate at the outset. The fact that this one did not does not mean she acted unethically, though. Your local bar association may have a fee mediation service. Ask them about it.

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  • Which politician can I contact to ensure that Parental Alienation factor is a mandate in family court?

    I have be experiencing Parental Alienation attempts from the other parent for years now. We have been in and out of court for several years now. Although Pennsylvania has a factor that addresses that, judges, many times, overlook it. I am not ve...

    Mark’s Answer

    Find your local State Representative at http://www.house.state.pa.us. Visit that person's district office (located near you) and explain your problem to the aide. Ask to meet with the Representative and ask him or her to sponsor legislation to help this problem. Be aware that if the legislation does pass (it takes a long time) it will apply to future cases, probably not yours.

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  • Is sweeping my home or my baby crying/walking considered unreasonable noise?

    My neighbors have complained several times about my baby crying and her running and playing after 9:30. They started banging on my floor a couple of nights ago while I was sweeping, but I ignored it because I wasn't playing any music, stomping, or...

    Mark’s Answer

    Read the noise statute in your city. You can usually find the statutes (called ordinances for local laws) at your city's website. If there is no city ordinance on noise, check state statutes. When you read the law, you will see that the words give a judge or jury wide latitude to determine what is too much noise.

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  • A young lady had a shirt bearing the confederate flag walmart made her leave because of the flag does she have a recorse against

    walmart

    Mark’s Answer

    Display of any flag is a First Amendment protected right. But only the government -- not a private entity like Walmart - can violate your constitutional rights. Walmart can choose who is allowed in its stores, except for a few narrow categories of "protected classes" - meaning things that you can't change about yourself (age, race, gender etc.). Your recourse is to picket in front of their store (peacefully and on public property), start a www.TheyThrewMeOutOfWalmartBecauseMyShirtHadTheConfederateFlagOnIt.com website or some other social media type campaign. No legal case here.

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  • Do I need a personal injury attorney?

    I am in law enforcement and the military. On a training weekend for the military I was checking in to a hotel. I asked the front desk attendant to see the room before purchasing. While in the room with a fellow military female, she takes a shower,...

    Mark’s Answer

    If your state recognizes the tort of public disclosure of private facts, you may have a case. But as one of my colleagues already pointed out, no tort case can be successfully brought with our being able to prove damages.

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  • Can a sheriff state to the media quote "these are drug addicts, these are drug peddlers. They're the receivers of stolen proper

    These are low life thieves about suspects before a conviction? Several other false statements have been aired and printed where an ALLEGED burglary suspect is now charged with robbery. The press never mentioned a Gun was brandished and suspect sh...

    Mark’s Answer

    A sheriff is not covered by the legal rules of ethics. Had a prosecutor made this statement, that person would be covered by the legal ethics rules.

    If what the sheriff said is false, not a statement of opinion, and caused damage to the person who the sheriff was talking about, then that person might have a defamation action against the sheriff. However, the law of sovereign immunity often makes it more difficult to sue a government official,

    The sheriff's statement affects the ability of the defendant to have a fair trial, the judge can change the venue of the trial and/or impose a gag order on litigants, counsel, and witnesses.

    The news media can print what it wants. It is protected by the First Amendment. If it prints defamatory statements (see discussion above) the media can be sued for defamation.

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  • How can you submit witness statements in writing if they are unable to appear in court?

    We have a stalking case against two people in Oregon and there are a lot of witnesses to these peoples behavior but because they do want want retaliation, we all live in the same neighborhood, they do not want to appear before the other party but ...

    Mark’s Answer

    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.

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  • Can you stop a lawsuit

    This friend of mine is constantly DOS attacking me. I am getting very irritated. I want to give him a scare so he stop, and if he continues I will literally do it.

    Mark’s Answer

    If you file a lawsuit without a legitimate basis, not only will your lawsuit be dismissed but the Judge may order Rule 11 sanctions, which could include you paying the costs of the other party to defend. A lawyer who brings a lawsuit knowing that there's no basis to it faces a similar sanction and may well be disciplined for doing so.

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  • Does no victim contact include social media sites?

    If the "victim" is posting stuff on the social site about the situation that happened and I see it, being involved in it, can I screenshot it and use it in court as in breaching/provoking no victim contact? Is it valid or will I be breaching the ...

    Mark’s Answer

    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 will likely amend the order to note that or encourage the victim to end those contacts.

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

    Her and I broke up and I had a social media meltdown where I made two posts calling her a psycho and describing actual situations that demonstrate it. I never mentioned her by name. I quit doing that until I got in trouble with the law. She sent...

    Mark’s Answer

    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.

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