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Mark Weaver

Mark Weaver’s Answers

83 total


  • Is there an Oregon atty that will take a case and bill ex landlord for several violations?

    In the 6 months I lived here, my landlord was in my yard or ringing my door bell almost daily. She had gone through my personal belongings in the garage, breaking one item, ( we shared garage, I rented one third and that was my space) when confron...

    Mark’s Answer

    Your best bet is to call the Oregon Bar Association and utilize their lawyer referral service. They can help you identify several qualified law firms that you can interview and discuss your case. Landlord tenant law is a commonly practiced area of law and many attorneys near you will be able to handle this. See link below.

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  • My boyfriend steals panties and womens bathing suits from the Lido Beach resort where he works How can I stop him

    I confronted him and he told me to stay out of his business! It hurts me AND the people he steals from AND his job. He has over 175 bathing suits and 53 panties he steals during his shift at work. He even put combination locks on his toolbox on hi...

    Mark’s Answer

    First, remove this person from your life. Dating a criminal is a bad idea and will lead to more problems.

    If you witnessed the theft or can prove the theft, go to the police and report him. If you are simply going based on what he told you, police and prosecutors will not have enough to bring a case just on that.

    You can also tell the store so they can take protective action and stop further thefts. But remember, any of these actions could enrage your boyfriend and endanger you.

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  • How can I get a copy of a video footage from a mall parking lot?

    I was waiting for someone to move to get his parking spot and someone else cut me off and took the parking spot. I ask the guy why did he have to do that I was there waiting a while. He gave me the finger and, I said to him "is it because you are ...

    Mark’s Answer

    It sounds like you tried to press charges and the police declined to take the case further. Call your local prosecutor's office (located in or near your county courthouse) and ask how to file a private criminal complaint. Be aware that if you do file a private criminal complaint, the prosecutor doesn't have to follow through with it or a judge may dismiss it.

    If you sue the person, you might be able to subpoena the mall for the security video. But remember to successfully bring a lawsuit you have to prove that you incurred monetary damages because of the incident.

    Never sue just over principle -- it can be an expensive process that may end in frustration.

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  • Received a citation for stubbing a cigarette outside my office building..

    Received a citation for stubbing a cigarette outside my office building There is no fine mentioned on the citation I was just told to appear in court Im from India not aware of the procedures here What should be my steps here

    Mark’s Answer

    Call the number on the citation. This is the Clerk's office. They can't give you legal advice but they can tell you the procedures involved in pleading guilty (meaning how to pay the citation) or to fight it and try to have the citation dismissed If you want to fight it, a lawyer can help you but the cost of retaining an attorney for this is likely much more than the fine.

    Your best bet may be to pay the fine and be careful with your cigarettes in the future.

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  • What do I do with a found pistol?

    We were cleaning out my father-in law's house when he went to into a nursing home facility and found a loaded pistol. We want to turn it in but don't want to get in trouble or get him in trouble. He is 93 years old. Does it have to be registere...

    Mark’s Answer

    You and your father-in-law have a Second Amendment right to own a gun. Illinois does require certain paperwork to be filed for you to keep it (see link).

    I presume that you or your spouse has the power of attorney to act for your father-in-law. If so, here's what to do. First, find someone who is familiar with guns and safely unload it. Next, decide if you want to keep it. If you don't, turn it in to your local police station and tell them you found it and don't want it. When you walk in the door make sure the gun is unloaded and in a box. Then let the police open the box.

    If you want to keep it, go to a local gun store and ask for the paperwork to become registered (again, unloaded and in a box). Then ask for a course where you can learn to store and shoot it safely.

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  • 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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