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Mark Weaver

Mark Weaver’s Answers

78 total


  • My boyfriend has been recording me ;aving sex with him letting people. Watch it took me a long time to find out what do i do

    it started at a house we stayed at i slowly started seeing things then just couple nite ago i saw like a camera at end off bed but he hurried hide it and he can talk to them on it there is so much more

    Mark’s Answer

    If you don't know where to start, go to a Domestic Violence center. They will have a good network in law enforcement and the legal community to help you through this. I agree with the other attorneys who pointed out that this is both a crime and you may have a civil case, as well.

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  • What is the average retaining fee for a Lawyer in a general matter and price per hour located in PA

    looking for cost

    Mark’s Answer

    An experienced attorney with a big city (Philadelphia. Pittsburgh) firm could charge as much as $300-$400 per hour while an attorney who just passed the bar and works out of his home might charge you $100 per hour. As a general rule, the more experienced the attorney, the higher the hourly rate. But note that not every attorney charges by the hour. EXAMPLE: For a DUI defense that doesn't go to trial, many lawyers will charge a flat fee.

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  • Can you help me with a sample amended federal complaint ?

    I am filing a pro se federal lawsuit. I made a mistake. naming defendants correct address, so they weren't properly served. I need to amend my complaint. Also naming individual or official capacity.

    Mark’s Answer

    Even if you can fix this defect in your filing, it's very likely that you will make another defect. Federal litigation is as complex as it comes.

    You wouldn't do your own dental work; don't do your own legal work. Hire an attorney.

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  • Hello, Can I stop someone from insulting me on social media?

    I have stop going around my mother maternal side of the family because of drama. My mother had a hard life and me and my sister are always in the middle of family drama because of our mothers mistakes. I do not attend any gatherings and have also ...

    Mark’s Answer

    If a person makes a false statement of fact about you (not an opinion) on social media and you can prove damage to your reputation, you can sue that person for defamation. There's no legal way to stop that person from doing it but that person can be held accountable in court. A letter from a lawyer to that person might have some impact.

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  • How does social media affect child custody battles?

    Other parent has disturbing information on a social media website that concerns me. What are examples or photos of things that can negatively affect a parent on social media sites.

    Mark’s Answer

    Judges will typically allow properly-authenticated social media posts into evidence in a hearing. That means that if one parent has been acting in a way that shows that parent to be unfit or otherwise acting in a way that is not in the "best interests of the child" then social media posts that document such activity could be used in court to decide child custody and visitation issues. You may be wondering what defines "the best interests of the child" means. It's a qualitative review by the individual judge.

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  • Can I be in trouble for revealing someones HIV status on social media

    I posted on my Facebook that my knowingly withheld his HIV status from me for almost two years and for 10 years before that and since me has been hiding it as well. All the while having unprotected sex. stating that its no ones business but his ...

    Mark’s Answer

    In many states, a person can be held civilly liable for tort damages for publicly releasing personal information, particularly if the information is damaging to the person's reputation. You'll want to consult an attorney in Texas to see if this is true for you.

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  • What type of Lawyer do I need to hire to take a public department head to court for crimes committed on duty?

    What type of lawyer would I need to hire to attempt to make a case against former Office of Personnel Management head Katherine Archuleta?

    Mark’s Answer

    With a few minor exceptions, only a prosecutor can bring a criminal charge. Your complaint is more in the nature of a civil negligence claim. But suing government officials is difficult because of sovereign immunity. And even if you could sue, you would bear the burden of proof to prove that this person was responsible for whatever actual damages you have.

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  • My in-laws gave us a gift of $10,000 last December. My husband got in a fight with his mom and now they want their money back.

    Is this legal? They told us they wanted to give each of their kids (3) the gift of $10,000.00 to assist with buying a home. There was nothing signed or in writing on either end.

    Mark’s Answer

    This sound like a law school hypothetical! :) The previous commenters are correct when they state the settled law on this point - once a gift is given, the recipient owns the property/cash. If it was a loan, a written loan document would have helped make their intent clear.

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  • Is there a template I can use for the filing of a temporary injunction pro se?

    A group of concerned parents are filing a motion to stop the reconfiguration of a school district based on procedural shortcomings and irreparable harm posed to the children as a result of such reconfiguration.

    Mark’s Answer

    A layperson trying to achieve a positive legal result by looking for a "form" and then trying to fill in blanks is in for trouble. You wouldn't do your own dental work. Don't do your own legal work. Find a local lawyer on Avvo and have that person help you. If price is a concern, find a recent law school grad who can charge less but will l handle you matter better than you can.

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  • Can you call the company and try to make settlement even if the case is in litigation

    None

    Mark’s Answer

    As a general rule of legal ethics, a lawyer may not call an opposing party in litigation (if that opposing party is represented by counsel). However, a non-attorney is not covered by the legal rules of ethics. So someone representing himself (called "acting Pro Se" and almost always a bad idea) can call the opposing party without going through the attorney. Whether that helps or hurts is a different question.

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