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Mark Roland Baran

Mark Baran’s Answers

71 total


  • Can a school demand a written statement of a minor to be written on a police letterhead without police being called

    my son was told by his high school principal to write a statement as if he had committed an act which he had been held in locked seclusion for more than one hour for. When he was given his paper to write on it was on local police letter head and ...

    Mark’s Answer

    I would suggest checking the school policy handbook to see if there are Administrative Appeal rights with the Superintendent or some "committee" to file an appeal over the contested form and the facts and circumstances under which your son was required to sign. There may also be deadlines to follow to file the appeal so you should review the school policies/handbook carefully. There should be some mechanism of filing an appeal with an authority higher up than the prinicpal within the school administration. I would also suggest that you contact a general practice attorney to discuss all facts and circumstances as well as become informed on your son's rights before you proceed. Good luck.

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  • If i have not sign for a subpoena do I have to show up?

    A subpoena was sign by my kid. That court date cancelled. since then someone drop off a subpoena with new court date on my door. No one sign for it. Do I have to show up in court?

    Mark’s Answer

    First, I recommend you thoroughly read all the language on the subponea as it should carefully explain all your rights. Generally, under Ohio law, one way a subpoena can be properly served "by leaving it at the person's usual place of residence." There are also rules requiring compensation to you for mileage and attendance which is usually included by check with the subpoena. However, in the past, in a few circumstances, I have brought a check with me and given it to the person at their attendance. I cannot tell exactly from your answer the reason you were supoened or why you are unable to, or do not wish to, comply with the subpoena. The reason I raise this issue is that your short question immediately causes me to think of additional questions which are necessary to fully respond to your question. In your situation, depending on the answers, your question may only be able to be answered by a lawyer. I would not recommend posting any further details on this website as it is a public form and you do not receive the benefit of the attorney-client privilege. In some circumstances, a person who has been subpoenaed can file a "motion to quash" the subpoena but you would need to speak to a lawyer about this. In my experience, as a civil lawyer, I have served subpoeans for fact witnesses, with key relevant factual testimony necessary for a jury to hear, to show up in Court and/or provide deposition testimony. Depending on the circumstances, you my want to hire a lawyer to review all of the facts. I can also tell you that people there have been many times in the past I have subpoeaned a person and the person called me and asked to work out a different time and/or come up with an alternative because there was a unique situation that called for the request. For example, the person may have a vacation scheduled or may have had a surgery or medical procedure scheduled or was in the hospital. In those circumstances, I was able to usually work with them to accomadate the unusual need or circumstance. However, I am not recommending that for you as you may first need to consult with a lawyer.

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  • My ex-employer cheated his taxes, and me out of my unemployment benefits. Besides reporting to the IRS, what are my options?

    I worked for 3-1/2 uneventful years for a manufacturing company. I cashed paychecks with the company name on them and thought everything was on the up-and-up. After getting laid off I was denied unemployment because I supposedly didn't earn enough...

    Mark’s Answer

    It is not clear from your question the exact "proof" you have indicating tax fraud. There are clear guidelines on proper withholding for employees with respect to payroll taxes. If you believe you have sufficient evidence to demonstrate an abuse of payroll withholding by your ex-employer there are options. You may want to start with the Ohio Department of Labor. They investigate these matters much quicker and will work in tandem with the IRS. Since I see you live in Cleveleland, the cleveland Dept. of Labor Wage & Hour Division Office phone number is (216) 357-5400. The wage and hour division website for the U.S. Department of Labor is www.dol.gov/esa/whd/america2.htm#Ohio. It will probably not be enough to tell them only what you were told as your ex-employer will likely deny this. You should also consult with an employment lawyer. It may also help if you have fellow employee witnesses to these statements and/or other employees that can also provide evidence of under-reporting hours. Good luck.

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  • Am I required by law to send my answer to my suit to the palntif, or just file with the court?

    I am Being sued for a past medical bill. I dont dispute that I owe money, just the amount. I was never given an itemized list. When I received the notice, I sent my answer along with request for documentation to the court. Plantif states he recei...

    Mark’s Answer

    I agree with Attorney Brinkmeier. There is a well-known adage "Only a fool represents himself (or herself)" and it is typically proven true, in hindsight, in situatons where individuals attempt to do this in the field of law. However, by the time the mistakes are realized, it is usually too late. On a legal issues of disputed debts (there are many), there are pitfalls that you are likely to miss without experienced counsel to help you through this. What you may not realize now is that in the end you may be harming yourself worse at the moment. I understand cost is a frequent complaint but I pay for lawyers to consult with in area's I'm not familiar with as do most seasoned lawyers. This should tell you something. Most importantly, you may be unknowingly making admissions against yourself by having direct conversations with this other lawyer. I'll end with another adage on cost: "Pay now or pay later."

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  • Wrongful death ?

    recently a member of the family had a heart attack on an oil rig he was a field service tech not an oil rig worker. he didn't make it anything we can do ?

    Mark’s Answer

    Perhaps - this is very fact specific. I see that you are up near Allentown, PA but I would need to discuss some more additional facts that I do not feel comfortable discussing with you on this public forum as their is no attorney-client privilege. I am licensed in Pennsylvana and have discussed and/or worked on cases with other lawyers in Allentown, Harrisburg, Pittsburgh and Philidelphia. Therefore, even if I am unable to assist you, I may be able help guide you and your family to other lawyers that can. My toll-free office phone number is (866) 725-5291. Regardless, I urge you to contact an experienced personal injury lawyer to discuss the facts and circumstances of your family member's death as, just based on your question, I immediately see potential legal issues which merit further investigation and which may result in a finding of negligence against the oil rig company and others.

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  • Non Compete Contract???

    I have worked for a company now for over 2 years. Out if the blue, they want everyone to sign a non compete contract. I know this is common practice for new hires, but what should I be aware of before I sign this? Due to my position, I do have ...

    Mark’s Answer

    It is in your interest to immediately hire and consult with an employment lawyer and have the lawyer review each of the provisions in the contract with you as you have already been an employee for two years. It may seem to be overkill but you will want to know now if you are giving up any critical rights, as you indicate in your question. A good employment lawyer will be able to reveiew each provision with you and advise you whether any of the parts of the non compete contrat are improper or violate Ohio law. He or she may offer sugguestions for you to go back to your employer with modifications to the contract. It is a wise investment to do this before you sign. I would not recommend making an issue of this with your employer before you sign as it would create an unncessary stir but simply contact and set up an appointment with a good emploment lawyer immediately to privately review the contract before you sign it. Everything you discuss with the lawyer will be kept confidential as it will be protected under the attorney-client priviledge. Good luck.

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  • How can we get her to let us see his son

    my fiance pays child support and is suppose to have his son ever other weekend, in the past 9 months we have only seen his son less than 10 times. the last time we saw him was a week after new years. we dont have money to get a lawyer and now his ...

    Mark’s Answer

    I suggest you first attempt to seek out help from The Legal Aid Society of Clevleand. Their phone number is 216-687-1900. Before calling go to their website at http://www.lasclev.org/offices.html to learn more about the income qualiifications as you indicate that "you don't have money to get a lawyer." When you say your fiance is "suppose to have his son ever (sic) othe weekend," I don't know what that means. Is there a Court order after a divorce or dissolution that the Mother is failing to follow or something similar? You may be able to meet with some very good family lawyers and explain your financial situation and they may be willing to help you at a discout if you can demonstrate your inability to pay and failure follow the legal rules or juctice system. I do recommend post any further information or answers on this public forum as it is not protected by the sacred attorney client privilege discusssion that you would normally have if you were to call an attorney and, as I do not practice family law and cannot provide you with any legal advice on your finace' situation, I recommend you first attempt to call Legal Aid. I am simply trying to guide you both in a direction of help. Good luck.

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  • Feb. 27, 2008, an ex-boyfriend borrowed 900.00. No written agreement. Can I sue?

    2/27/2009, ex-boyfriend borrowed 900.00 to keep his home out of fore closer, he was between jobs. needed to pay his mortgage next day. "I prayed for an angel, God sent me you." (he called me) "If you loan me the money, I will pay it back as soon ...

    Mark’s Answer

    Verbal agreements can be enforceable. As some additional education infomation, our civil system includes "small claims court" which individuals can bring claims of their own at different amounts depending on where you live. I see in you email that you are in Columbus. For simplicity, the web site for further informaton on the Franklin County Small Claims Court is http://www.fcmcclerk.com/. You should see a link on the left hand side of the page that says "small claims." Again, I am not offering you any legal advice but simply providing you with some more information. You can get an attorney to represent you or you can handle the matter yourself in small claims court. There are also forms on the website. As an an additional resource, if you qualify, the Legal Aid Society of Columbus will provide free legal assitance in civil cases to low income inidividuals. The website for the Legal Aid Society of Columbus is http://www.columbuslegalaid.org/. Good Luck.

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  • Is there a specific legal form for ownership of property, such as machinery?

    We are looking for a legal form to go along with all receipts we have for purchase of machinery. The machinery is in a building that was given to us to use, free of rent. Now we want to move our machinery to our own building but want to be sure we...

    Mark’s Answer

    I suggest you immediately retain an meet with an attorney that focuses on business law in There are other questions that will probably be asked I would not recommend asking them on this public forum as they are not protected by the attorney-client privilege. In my opinion, your question regarding problems with the owner of the building is too complex, and begs other questions, to be answered on this forum. As far as a "bill of sale" for machinery purchased as far back in 1990, you probably may or may not have already thought of digging through old receipts and check records. Another suggestion you may have not considered is to track down the entities or persons you purchased the machinery from in the 1990's and attempt to get the "bill of sale" records you are looking for. Other than that, I strongly recommend you seek out legal advice, as I can offer you none. Discuss this with a good business lawyer who should have some other ideas to authenicate your ownership of the machinery and help guide you to a resolution of your problems. There are many good business lawyers in Lake and Cuyahoga County. Good luck.

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  • Can my employer with hold my last paycheck just because I didn't return my company door key when I quit?

    I did not sign any paper about returning company property upon termination of my employment when they hired me.

    Mark’s Answer

    Why do you really want to keep this company key and what do you want to accomplish by keeping the company key? In every problem one has to consider a variety of resolutions. Baased on your question, you have decided to volutarily leave your company so why not return the key an pick up your paycheck? There may be some other reason not disclosed that but sometimes (and I'm not saying this is you) people pick unnessessary fights (maybe over bad feelings, etc.) when it is time to just move on. If you believe it is necessary, you should consult with an attorney as this is a public forum and everything disclosed in this forum is not protected by attorney-client priveliged confidential advice. Keeep in mind , in a situation such as this you will likely need to pay a retainer. In other words you may need to to pay a certain amount of money up front and on an hourly rate, as agreed on up front, to an attorney for, among other things, his or her reasearch, representation, guidance, and work product. I am not providing you with any legal advice but simply pointing out that there may or may not be no real reason to keep this key if you really don't need it or simply desire to move on to another job as it appears from the basic facts provided in your question if you return it, you will get your paycheck, you can move on, you will get your paycheck, and the situation will be resolved. However, if there is more to this you may want to consult with an attorney. Good luck.

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