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Mark Weaver

Mark Weaver’s Answers

78 total


  • How long should I wait for an attorney to call me back?

    I called and e-mailed several attorneys today hoping to set up an appointment to discuss hiring them for their services. I understand its a Monday and they might be busy, but not a single one contacted me back today. When their websites all stated...

    Mark’s Answer

    In the criminal defense world (I've been a prosecutor, not a criminal defense attorney but I know their world somewhat) "asap" has real meaning. In some cases, someone's liberty may be at stake.

    Having said that, attorneys are busy and expecting an immediate call back based on an email is a bit unrealistic. Certainly you should be contacted within a few days and if you're not, that may be a sign that the firm is too busy to handle your case.

    In this economy, there are many good lawyers who have time and interest to take new cases. Call your county or state bar association and ask if they have a lawyer referral service. That can be an excellent resource.

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  • What usually happens at a final meeting before trial?

    I had a pre-trial conference scheduled & another meeting but I forget what for but they've all been cancelled & there's now only a final conference with the prosecuter......any advice on if this is a good or bad thing regarding the case? I am the ...

    Mark’s Answer

    Hopefully you have a competent criminal defense attorney representing you. If so, he or she will tell you that all meetings with the prosecutor are opportunities for the case to be resolved by a plea bargain. Many cases resolve this way because it gives each side more predictability over any negative outcome. You should discuss this with your attorney.

    Also, at the final pre-trial hearing, the judge will resolve any outstanding motions, will talk to the parties about the dates for trial, the jury selection process, and other "housekeeping" issues. In many jurisdictions, there may be a deadline for final pre-trial motions.

    Good luck.

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  • Does it mean that your case has merit if a lawyer is willing to do an initial consultant with you.

    Does that mean your case has merit or what does that mean the lawyer is willing to listen to your case. My dad told me that lawyers like all people are money hungry people and are very good liers. I also heard that one person won and had to giv...

    Mark’s Answer

    A lawyer is typically paid for his time. Spending an hour or so talking to a qualified attorney about your case could be very valuable to you. But the attorney's time is valuable, as well. Check the Avvo.com rating of the lawyer and ask the lawyer to give you a letter in writing about how the fees would work.

    Check the link below for some helpful information about this process in your state.

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  • Which of the following would be a worse sexual affair case?

    Which of the following would be a worse case? Having sexual affairs with someone in the same company, or having sexual affairs with someone not related to the company?

    Mark’s Answer

    When a boss has sex with a staffer there could be a claim of sexual harassment for a hostile work environment. Many state laws and federal law prohibit this. If no one at the office knows about it, no lawsuit can be brought because it isn't affecting the work environment.

    If an adult in company A has sex with an adult in company B, there may be moral or religious issues but there is not a legal issue.

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  • Should I file an official complaint about an opposing attorney regarding professional misconduct?

    I believe that an opposing attorney has engaged in professional misconduct as follows: -Made inappropriate remarks regarding my religion and used vulgar language -Mislead me and my attorney by not being truthful and not providing information as ...

    Mark’s Answer

    Review your state's rules of professional responsibility for attorneys (see link). If you believe a member of the bar has violated one of them, file a complaint with your state's disciplinary authority.

    You should know that disciplinary authorities will not review the case and take action until your lawsuit is finished. And then they typically only act if the misconduct is clear and can be proven. During the lawsuit, violations of legal rules can be brought to the attention of the judge by a filing an appropriate motion.

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  • What are the 7 reasons why a prosecutor could reject prosecution?

    Its for my judicial studies class and I can't find the answer anywhere!

    Mark’s Answer

    I don't know what your professor thinks are the "7 reasons" but prosecutors are required by law to not go forward with a prosecution if there is not enough evidence to establish probable cause that a crime occurred. When that is the case, the prosecutor may not charge nor may he take the case to a grand jury.

    Other (more practical) reasons for a prosecutor to decline to prosecute could include: insufficient evidence, the statute of limitations has run, lack of jurisdiction, no cooperating witness, or the concern that a jury may nullify the case by voting "not guilty" even when the case was proved beyond a reasonable doubt.

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  • I am a member of a political party in another country. We would like to form a branch in the US. Is this legal?

    We are members of a political party from our homeland (democratic). There are so many of us here we would like to form an arm of the party in the US. Is this legal and how is this done?

    Mark’s Answer

    Anyone in America can start a political party. Getting that party to be recognized by a state or running candidates for office who bear that party's designation is much more difficult. In many states, there are significant obstacles to getting a third party to be officially recognized.

    The First Amendment to the U.S. Constitution guarantees the rights of people to organize politically and your party would also receive that protection.

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  • Incorrect admission of guilt

    Dear sir, i got one traffic ticket and had minor crash, where both parties did not hit each other. other party got injured and i have no insurance. i got traffic ticket and i had incorrect admission of guilt in court ie, i have accepted my guilt ...

    Mark’s Answer

    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 have gone by since the verdict, this is hard to do under Ohio law, but it is possible if a "manifest injustice" occurred.

    Ohio Crim.R. 32.1 governs motions to withdraw guilty or no contest pleas and provides that “[a] motion to withdraw a plea of guilty or no contest may be made only before sentence is imposed; but to correct manifest injustice the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw his or her plea.”

    See also the Supreme Court case State v. Xie (1992), 62 Ohio St.3d 521

    You will likely get a better result with an attorney who regularly practices in the court of the judge who convicted you. Good luck.

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  • My subordinates made accusations that I fostered a hostile work environment.

    While out on FMLA, my subordinates made accusation to my superiors that prior to my FMLA, I was fostering a hostile work environment. I have had an exemplary work performance, and numerous awards. Thus far, from conversing with my immediate superi...

    Mark’s Answer

    Although any lawsuit a fellow employee might bring about these allegations would be brought against your employer, you are prudent to be concerned about termination or discipline. Whenever circumstances like this arise, the first thing to do is to gather as much information as possible. This includes copies of emails/voicemails, lists of potential eyewitnesses, and your own written account of what you remember about the events in question.

    Next, meet with an attorney who understands employment law and plan a strategy for how to approach the employer's investigation. Money spent to have a lawyer help you plan your reaction to this situation can save you a lot of money lost if you are fired and remain out of work.

    Time is of the essence. Good luck.

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  • Is it slander?

    A woman I know is telling everyone I was molested by her husband. He died 8 years ago, when I was 11. He never molested me. I told her that, but she threatened to call my mom's work and tell her co-workers. I don't know if she believes this or is ...

    Mark’s Answer

    Slander is spoken defamation. Typically, to win a slander suit (most people lose such suits when they file them) you have to show three things: 1. Someone "published" a lie about you. Publishing could be talking to others. 2. The lie damaged your reputation. 3. The damage can be calculated in monetary damages.

    Lawsuits can be expensive and the outcome is uncertain. Sometimes retaining an attorney and having that attorney notify the other person that they will be sued if they continue to spread the lie is enough for it to stop.

    Good luck.

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