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Mark Weaver

Mark Weaver’s Answers

83 total


  • What are the 7 reasons why a prosecutor could reject prosecution?

    Its for my judicial studies class and I can't find the answer anywhere!

    Mark’s Answer

    I don't know what your professor thinks are the "7 reasons" but prosecutors are required by law to not go forward with a prosecution if there is not enough evidence to establish probable cause that a crime occurred. When that is the case, the prosecutor may not charge nor may he take the case to a grand jury.

    Other (more practical) reasons for a prosecutor to decline to prosecute could include: insufficient evidence, the statute of limitations has run, lack of jurisdiction, no cooperating witness, or the concern that a jury may nullify the case by voting "not guilty" even when the case was proved beyond a reasonable doubt.

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  • I am a member of a political party in another country. We would like to form a branch in the US. Is this legal?

    We are members of a political party from our homeland (democratic). There are so many of us here we would like to form an arm of the party in the US. Is this legal and how is this done?

    Mark’s Answer

    Anyone in America can start a political party. Getting that party to be recognized by a state or running candidates for office who bear that party's designation is much more difficult. In many states, there are significant obstacles to getting a third party to be officially recognized.

    The First Amendment to the U.S. Constitution guarantees the rights of people to organize politically and your party would also receive that protection.

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  • Incorrect admission of guilt

    Dear sir, i got one traffic ticket and had minor crash, where both parties did not hit each other. other party got injured and i have no insurance. i got traffic ticket and i had incorrect admission of guilt in court ie, i have accepted my guilt ...

    Mark’s Answer

    A plea of guilty can be used against you in a civil lawsuit. Essentially, the person suing you would not have to prove that you violated your duty of care to the other driver -- the guilty plea would be pretty much all they would need to show.

    If you feel you entered your guilty plea under circumstances where you did not understand your rights, your attorney should file a motion to have the original judge overturn the verdict and ask for a trial or a no contest plea. If more than 30 days have gone by since the verdict, this is hard to do under Ohio law, but it is possible if a "manifest injustice" occurred.

    Ohio Crim.R. 32.1 governs motions to withdraw guilty or no contest pleas and provides that “[a] motion to withdraw a plea of guilty or no contest may be made only before sentence is imposed; but to correct manifest injustice the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw his or her plea.”

    See also the Supreme Court case State v. Xie (1992), 62 Ohio St.3d 521

    You will likely get a better result with an attorney who regularly practices in the court of the judge who convicted you. Good luck.

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  • My subordinates made accusations that I fostered a hostile work environment.

    While out on FMLA, my subordinates made accusation to my superiors that prior to my FMLA, I was fostering a hostile work environment. I have had an exemplary work performance, and numerous awards. Thus far, from conversing with my immediate superi...

    Mark’s Answer

    Although any lawsuit a fellow employee might bring about these allegations would be brought against your employer, you are prudent to be concerned about termination or discipline. Whenever circumstances like this arise, the first thing to do is to gather as much information as possible. This includes copies of emails/voicemails, lists of potential eyewitnesses, and your own written account of what you remember about the events in question.

    Next, meet with an attorney who understands employment law and plan a strategy for how to approach the employer's investigation. Money spent to have a lawyer help you plan your reaction to this situation can save you a lot of money lost if you are fired and remain out of work.

    Time is of the essence. Good luck.

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  • Is it slander?

    A woman I know is telling everyone I was molested by her husband. He died 8 years ago, when I was 11. He never molested me. I told her that, but she threatened to call my mom's work and tell her co-workers. I don't know if she believes this or is ...

    Mark’s Answer

    Slander is spoken defamation. Typically, to win a slander suit (most people lose such suits when they file them) you have to show three things: 1. Someone "published" a lie about you. Publishing could be talking to others. 2. The lie damaged your reputation. 3. The damage can be calculated in monetary damages.

    Lawsuits can be expensive and the outcome is uncertain. Sometimes retaining an attorney and having that attorney notify the other person that they will be sued if they continue to spread the lie is enough for it to stop.

    Good luck.

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  • 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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