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Mark Weaver

Mark Weaver’s Answers

78 total


  • What type of penalties am i facing?

    i ws stoppd in shaker on 1/11/10. At the time of the stop, i didn't hve insurance. i immediatly got insurance tht same day & sent it in to show proof of insurance. i received a letter frm the bmv stating that this info wasn't what they wanted & la...

    Mark’s Answer

    Mr. Eichorn properly detailed the potential penalties. Typically (if this was a first offense) most courts will just levy a fine for this violation. Having an attorney is the best way to go but if you don't have one, call the prosecutor and offer to plead guilty to a lesser offense like a minor misdemeanor (unless you want to go to trial).

    Good luck.

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  • I do not believe my lawyer is working for me and my daughters best interest. How do I go about getting a new lawyer?

    The office is rude when I call. My lawyer never return my calls or calls from the law guardian representing my daughter. I had to find out who the law guardian was myself and then call my lawyers office to give permission for her to talk to me. ...

    Mark’s Answer

    If you feel your attorney is not serving your interest, give him a chance to address your concerns. If you still feel he is not the best attorney for your case, contact your county or state bar association. Ask for the lawyer referral service. Such a service can often connect you with a competent attorney in the area of legal practice covering your case. Avvo is also an excellent resource. Try to find an attorney with a "AV" rating from Martindale. This is one reliable way to find someone who can handle your case both ethically and competently. Good luck.

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  • How do I know if my juvenile record has been expunged?

    felony 2, juvenile, only offense. approved to be expunged a couple years after sentence and parole/probation was served. Never received notification of any kind after the hearing and calling them many times to get a straight answer proved to be fr...

    Mark’s Answer

    The easiest way is for you or someone you know to make a public records request to the Clerk of Court's office in the county where you were convicted. Typically, juvenile records are not available to the public but if you were transferred to adult court, the record is public unless sealed. By asking for the record yourself, you'll quickly learn what others could find about you if the made the same request. If you find that your record is available to the public, you will want to retain an attorney with experience in public records law to assist you with the matter.

    To learn about how to make a records request, look for my Avvo Legal Guide on public records law in Ohio.

    Good luck.

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  • My daughter got married dec.12 09. Her husband walked out on her in Jan.

    My daughter got married dec.12 09. Her husband walked out on her in Jan. He abandoned her. He abused her. Obviously the whole thing was a fraud. He wouldn't go for counseling, He made no effort at all. My daughter's wedding was close to $...

    Mark’s Answer

    You would likely be unsuccessful in suing for the costs of the wedding. A court would probably view your contributions to the wedding as a gift, not part of a legal contract that requires another party to perform some action (such as staying with your daughter). Instead of focusing on the money for the wedding, it may be better to encourage your daughter to consult with a family law attorney so she can learn about how to file for a no-fault divorce. Good luck.

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  • Can I get a Restraining order in to stop a neighbors barking dogs??

    My neighbors got dog over ayear ago and evertime I go into my backyard they charge my fence..I have talked to the owner and there has been some changes...excpt they still charge the fence and I can't go into my backyard withou the dogs barking for...

    Mark’s Answer

    A restraining order is a court order that tells one person to stay away from another person, typically because there's a dangerous situation. In your case, a restraining order is not the right solution.

    You have two basic options. See if your town or city has a law about dogs barking. If so, call the police and have them witness the barking. The police can then cite the neighbor.

    A second, less favorable, option would be to go to small claims court and bring a "nuisance" lawsuit. This is the name for a legal case where someone is unable to enjoy the use of their own property because of the acts or omissions of another. A lawyer could help you make your case but you don't have to have a lawyer in small claims court.

    The best solution, however, is non-legal. Call your neighbor, calmly explain your concerns and politely ask the neighbor to help you with a solution.

    Good luck!

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  • Is there attorney client privilage if there are two attorney representing the same client on the same case?

    I am a pro se client and I filed a civil suit against my business partner. A few months before trial the co-counsel for the Defendants moved my business partners 1.2 million home into a trust to ensure the assets are untouchable if I win my case. ...

    Mark’s Answer

    Retain a competent attorney as soon as possible. You may have seriously damaged your case. These are complex legal issues that require an experienced litigator to resolve. Good luck.

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  • Are there really any Stimulus funds for people owing $10,000 or more in credit card debt as is advertised?

    If not, do you have any suggestions. When we acquired our debt, both my husband and I worked and had many years. I am now disabled, and he has lost his job of 30+ years and is on unemployment benefits which will soon end. I spoke with my creditors...

    Mark’s Answer

    Sadly, some companies are taking advantage of desperate people who want to believe that the federal government will pay off their debts. Instead, you should consult with a non-profit credit counseling agency -- the best way to handle massive debt. In the worst case scenario, you may need to consult an attorney in your state about personal bankruptcy. Good luck and hang in there.

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  • I recently left a payroll position, through dissolution. Received no support, no help, passwords taken, emails read. Ignored.

    I felt forced to quit a 5 position job. No offers of help or assitance. Was told "I don't know" to most of my questions. Totally ignored. Would be communicated only through email as she sat beside me. My passwords were missing after returning...

    Mark’s Answer

    If you signed a release, you will be held accountable for whatever the agreement is -- unless you can prove it was signed under true duress or fraud. Good luck.

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

    He was on felony probation for a fifth degree possession charge and violated his probation terms during the time period that the bank was robbed. The photo of the person who robbed the bank resembles him, but does not have his tattoos, which shoul...

    Mark’s Answer

    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.

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  • Breaking employment contract before starting work. Any legal issues?

    I signed an employment contract for a job that will start only on July 1st 2010. In the meantime I received a much better offer from another company. Are there any legal repercussions if I decide to break the contract and accept the new offer?

    Mark’s Answer

    The answer to this question depends on the terms of the contract you signed. Under no circumstances can you ever be forced to work a job you don't want to work. However, if the terms of the contract permit, the employer could possibly sue you for any out-of-pocket costs that the employer incurs because you called off the contract. This might include the cost of a new job search. Good luck.

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