Skip to main content
Mark Andrew Mcbride

Mark Mcbride’s Answers

51 total


  • Is slapping a child a form of corporal punishment

    I have a court agreement with my ex wife about no corporal punishment to our childs. Recently my daughter complaint to her teacher she got slaped by her mom. Teacher reported to dcfs. Police showed up and said it was consider disciple because it d...

    Mark’s Answer

    The law in California is just as your wife's attorney points out---no red marks, no abuse.

    See question 
  • Newsweek Magazine globally published my photograph without consent permission or contract .

    i received phone calls and numerous emils dating back in May 2005 from business collegues all over the world saying…"yOUR FACE IS ON THE COVER OF NEWSWEEK MAGAZINE" Issue titled GOD AND THE BRAIN. it sure was and is me. i want to kno...

    Mark’s Answer

    • Selected as best answer

    I"m confused. Was your picture published in 2005 or just recently? There's a strong argument, though, that the statute has ran. Your picture being on the cover of a well known magazine is an open and notorious fact such that the SOL started running not from when you discovered it but from when it was published. In California, the torts you are discussing have a 2-3 statute of limitations. This means from the date of occurrence or the date of discovery, whichever occurs later.

    See question 
  • If my sons 12 and hes getting charges pressed on him for assult, will that affect me or will he just go to juvinile hall?

    There both in the same grade and go to the same school the girl spit on him and thats when he hit her.

    Mark’s Answer

    I doubt it will affect you in the criminal sense. However, child services might pay you a visit, which is really nerve wracking.

    I hope there's a way for you and your son to work this out without having to go through the criminal justice system. He's too young for this.

    And say no more. Mum is the word. Hire an attorney who is proficient in the criminal defense of juveniles. Very best of luck to you.

    See question 
  • Hello There, Is it legal for me to transfer money to a company that is located outside the U.S? Maximous4u@hotmail.com

    I have a question. I was contacted by a company that is based in China. They do not have a U.S bank account. They asked me to use my bank account to cash payment I will receive from their customers, deduct my fees, and transfer the balance to them...

    Mark’s Answer

    Yes, it is legal. However, keep all your paperwork, and get a solid, honest lawyer in your corner, lest the feds start asking questions about it. I'm not implying you'll do something crooked, but, as you know, an ounce of prevention.....right?

    See question 
  • DCFS completely dismissed my severe concerns regarding my 3 daughters placed with dad, gf and her 4 kids (co-ed) What can I do?

    I'll keep this as short an intro possible explaining petition. I violated a safety plan and DCFS placed with Dad his new girlfriend (3rd one in 1 yr) and her 5 kids both male and female (concern). They're coming home 4/14/15 but for months my gi...

    Mark’s Answer

    Wow. Rough situation. However, I must honestly say: you need to consider any personal animus you may have towards your children's father or his girlfriend. Your children can feel -- can tell -- that you hold either person in low regard. This creates huge amounts of stress for them. They become overly concerned with approval and pleasing mom and dad at their expense of their emotional health. You need also to work closely with the case worker who was your contact re: your safety plan in order to determine how to get back as much credibility as possible. You need to speak with her supervisor and any other supervisor regarding Dad's case. I hope your children are safe and sound.

    See question 
  • Ok a lady that got charged with a domestic violence can she have that taken off her record and become a cop?

    There was mayhem involved but she had a good lawyer so she wasn't charged with the mayhem only DV is there any thing that can stop her from be coming a police officer?

    Mark’s Answer

    She needs to get it expunged. Better yet, she needs to get a finding of factual innocence granted, which is very hard. She should really put her efforts into a factual innocence finding under 851 for the mayhem. That's a whole other ball of wax than DV. Either way, she will have some explaining to do re: the job application. DISCLOSE, DISCLOSE, DISCLOSE. And the police will look not just at the court record but the underlying reports. She can do it, but she'll be threading the needle.

    See question 
  • A package was seized through usps with an ounce of marijuana sent through priority 2 day mail. What can I expect to happen?

    ca-->ny

    Mark’s Answer

    I would agree with my colleagues. The right lawyer can persuade the AUSA not to file charges. This is too small an amount for fed proceedings, though. Get a stand up lawyer, and mum is the word. Good luck.

    See question 
  • What do I do if he violates the TRO?

    Currently have a TRO against ex. It clearly states he cannot show up at our child's school, yet he did. He did so during lunch so I was not there, but my child told me. The school has a copy of the TRO but he slipped through somehow. This happened...

    Mark’s Answer

    You should file a police report. You should also talk to some head honchos in the school above the heads of the principal, etc. This should not be happening.

    The only thing you might have to wrestle with is the fact that your child might have to speak to the police about the matter. For some parents, there's a downside to that. Best to you during this difficult time.

    See question 
  • Can a DVRO be set aside due to mental incompacity like a divorce judgment might be?

    i was successful in getting a default judgement set aside because the judge determined I was incapable of understanding and fully participating in the process when the deadline came to respond. (Mental disability). DVRO hearing I was respondant to...

    Mark’s Answer

    The short answer is yes. Mental incapacity is virtually always possible in setting aside civil actions, DVRO's included. The faster you seek such a remedy, however, the better. You've probably heard this, but the law doesn't favor a litigant who sits on his / her hands. The best bet, too, is that if you could attach--and authetnicate--some sort of proof (med. records, eg) of your breakdown. In fact, I set aside a real estate deal due, in part, to mental incapacity. Take a look at a statute called Code of Civil Procedure section 473-and the cases which interpret it. So, yes, it can be done. It's a matter of proof; if you can provide more than just a sworn statement in support, and soon, the better off you are. Good luck.

    See question 
  • Cost to review my case file.

    I have been continued for trial end of April I would like a review of my file status and options to consider.

    Mark’s Answer

    What type of case is it? It's not clear if it's an appeal since you're indicating that something has been continued for trial. Let us know. We'd be happy to help.

    See question