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Mark Weaver

Mark Weaver’s Answers

78 total


    If there is no change in the complaint other then to the degree you want to join two more defendant should the complaint be amended?

    Mark’s Answer

    Typically, you do not have to amend the complaint to just add another party but you must file the appropriate paperwork with the court to add the party. This presumes that the facts alleged in the complaint cover the actions of all the parties opposite you.

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  • My question is how to get a judge removed from a case.

    The judge in this case has been prejudice toward me in this case and has not looked at the evidence fairly and has refused to appoint me a different public advocate. The public advocate that I have there is a conflict of interest between me and hi...

    Mark’s Answer

    I agree with my fellow counsel that you are hurting yourself by acting Pro Se. However, I will try to answer your question as directly as possible.

    In extreme cases, a judge can be removed from a case, typically by the Presiding or Administrative Judge of the court involved or in some states, by the Chief Justice of the state supreme court. A motion must be made with detailed and clear evidence of the conflict.

    Regardless of the process, you will rarely succeed in having a judge disqualified from a matter absent rock-solid evidence of true bias or conflict of interest. I have no idea whether that is true in your case but I would tend to doubt it.

    Finally, the one major disadvantage of attempting to disqualify a judge is that, when it fails, you may have aggravated the judge or (at the very least) you may have shown the judge that you are not acting in good faith in the matter.

    Remember, if the judge mishandles your case, you can always file an appeal but that may or may not succeed.

    Do yourself a favor and hire a good attorney.

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  • Where or to whom do I report questionable comments by a deputy attorney general?

    I'm entering a stipulated settlement with a licensing board. My previous attorney was negligent in this matter and a related matter, and I am suing him for malpractice. Yesterday, my new attorney related to me that the DAG told her she is enrage...

    Mark’s Answer

    • Selected as best answer

    Having served as the Deputy Attorney General of Ohio, I'm very familiar with Attorneys General and their offices. Each employee of an Attorney General typical reports to a Unit or Section Chief and those people typically report to a senior attorney who in turn report to the Attorney General. The Attorney General is elected official. A written complaint to any or all of the people in that chain of command will get some type of response and if you can provide evidence to support your claim, may result in action being taken. Of course, all lawyers who work for an Attorney General are also subject to disciplinary action from the State Bar if they violate any ethical rules.

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  • Is there a pro bono criminal defense attorney in wyoming that will help my fiance?

    He has been charged with a crime that if convicted could send him to prison for up to fifty years. The public defender won't help in the way he should. We have a 10 month old son and a daughted due to be born in december. Please, I can't lose my f...

    Mark’s Answer

    While some law firms do pro bono legal work, there are many more cases than available attorneys. You may want to check with your local law school to see if there is a legal clinic that may take your case.

    If you have some money to pay an attorney, check with the Wyoming Bar Association lawyer referral service (see link) and tell them your circumstances.

    Or go back to the Public Defender's office, ask to speak with the managing attorney and request another review of your case.

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  • One last question about my case that

    I plan on returning the items i took (see other question) (plus im going to write a sincere letter of apology and make two copies one for them and one for maybe a lawyer or the judge)and i have the items, im not paying cash back. Wouldnt that loo...

    Mark’s Answer

    Be aware that judges can spot desperation in a defendant. If the judge thinks that you are taking actions just to lessen the sentence, that won't help. Actions taken for sincere reasons and genuine expressions of remorse can be helpful.

    Talk to your lawyer and explain your concerns. Be truthful with the judge and take responsibility for what you've done. So few defendants do that and you may stand out as someone who deserves a second chance.

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  • Is there an Oregon atty that will take a case and bill ex landlord for several violations?

    In the 6 months I lived here, my landlord was in my yard or ringing my door bell almost daily. She had gone through my personal belongings in the garage, breaking one item, ( we shared garage, I rented one third and that was my space) when confron...

    Mark’s Answer

    Your best bet is to call the Oregon Bar Association and utilize their lawyer referral service. They can help you identify several qualified law firms that you can interview and discuss your case. Landlord tenant law is a commonly practiced area of law and many attorneys near you will be able to handle this. See link below.

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  • My boyfriend steals panties and womens bathing suits from the Lido Beach resort where he works How can I stop him

    I confronted him and he told me to stay out of his business! It hurts me AND the people he steals from AND his job. He has over 175 bathing suits and 53 panties he steals during his shift at work. He even put combination locks on his toolbox on hi...

    Mark’s Answer

    First, remove this person from your life. Dating a criminal is a bad idea and will lead to more problems.

    If you witnessed the theft or can prove the theft, go to the police and report him. If you are simply going based on what he told you, police and prosecutors will not have enough to bring a case just on that.

    You can also tell the store so they can take protective action and stop further thefts. But remember, any of these actions could enrage your boyfriend and endanger you.

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  • How can I get a copy of a video footage from a mall parking lot?

    I was waiting for someone to move to get his parking spot and someone else cut me off and took the parking spot. I ask the guy why did he have to do that I was there waiting a while. He gave me the finger and, I said to him "is it because you are ...

    Mark’s Answer

    It sounds like you tried to press charges and the police declined to take the case further. Call your local prosecutor's office (located in or near your county courthouse) and ask how to file a private criminal complaint. Be aware that if you do file a private criminal complaint, the prosecutor doesn't have to follow through with it or a judge may dismiss it.

    If you sue the person, you might be able to subpoena the mall for the security video. But remember to successfully bring a lawsuit you have to prove that you incurred monetary damages because of the incident.

    Never sue just over principle -- it can be an expensive process that may end in frustration.

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  • Received a citation for stubbing a cigarette outside my office building..

    Received a citation for stubbing a cigarette outside my office building There is no fine mentioned on the citation I was just told to appear in court Im from India not aware of the procedures here What should be my steps here

    Mark’s Answer

    Call the number on the citation. This is the Clerk's office. They can't give you legal advice but they can tell you the procedures involved in pleading guilty (meaning how to pay the citation) or to fight it and try to have the citation dismissed If you want to fight it, a lawyer can help you but the cost of retaining an attorney for this is likely much more than the fine.

    Your best bet may be to pay the fine and be careful with your cigarettes in the future.

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  • What do I do with a found pistol?

    We were cleaning out my father-in law's house when he went to into a nursing home facility and found a loaded pistol. We want to turn it in but don't want to get in trouble or get him in trouble. He is 93 years old. Does it have to be registere...

    Mark’s Answer

    You and your father-in-law have a Second Amendment right to own a gun. Illinois does require certain paperwork to be filed for you to keep it (see link).

    I presume that you or your spouse has the power of attorney to act for your father-in-law. If so, here's what to do. First, find someone who is familiar with guns and safely unload it. Next, decide if you want to keep it. If you don't, turn it in to your local police station and tell them you found it and don't want it. When you walk in the door make sure the gun is unloaded and in a box. Then let the police open the box.

    If you want to keep it, go to a local gun store and ask for the paperwork to become registered (again, unloaded and in a box). Then ask for a course where you can learn to store and shoot it safely.

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