Legal Questions for our VERIFIED Lawyers - Q & A ONLY ***No Discussion***

[Frigga]

It sounded like Trisha and Beach were working towards making sure that doesn't happen! Thank you AZ!

 

[msboo]

Hey AZ..... when MS & JR's arraignment comes up on 3/28, will it be both of them at the same arraignment at the same time OR are they separate? Guess I'm hoping the GJ has met by that time & charges can be upgraded to 1st degree.

Thanks for all your input & answers here in helping us understand the process!

 

[MsArk]

AZ, in your opinion, with the advances in science and technology, do you think it is more likely to get a guilty verdict when the DP is off the table and sentencing is LOWP? 20-30 years ago, juries didn't have DNA, cell phone pings etc. Do you think juries rely on that type of evidence to impose the DP and without it, err on the side of caution not to convict if the case is not "CSI" worthy?

 

[Dmacky]

Azlawyer,
I hope this makes sense to you like it does in my head, but I am not so good with the written word.

CWW was extradited to Lee county on October 15
5 days later, on 10-20 he filed a written plea of not guilty,

JRR was extradicted to lee county on Feb. 22.
He entered a written plea of not guilty March 1.

Both of them entered pleas of "not guilty" within a week.
I know that pleading not guilty at first is typical in most criminal cases.

Yet Mark has been in jail for over a month, and we've not heard one peep about his plea. At first I thought it was because of all of the evidence that's been released, but then here comes JR and he still pled not guilty the first of March. Both him and JR have an arraignment coming up on the same day, but JR's already pled not guilty.
I was curious if you could explain or give me/us some reasons why we've not heard a plea from Mark? Is it because he had no attorney?

TIA ~

 

[MsJosie]

AZlawyer, can the 'private paid' lawyer leave his client without representation
1) another lawyer appointed or hired; 2) approval by the Judge before another lawyer is appointed?

THank you.

 

[howonkee]

Azlawyer,
I hope this makes sense to you like it does in my head, but I am not so good with the written word.

CWW was extradited to Lee county on October 15
5 days later, on 10-20 he filed a written plea of not guilty,

JRR was extradicted to lee county on Feb. 22.
He entered a written plea of not guilty March 1.

Both of them entered pleas of "not guilty" within a week.
I know that pleading not guilty at first is typical in most criminal cases.

Yet Mark has been in jail for over a month, and we've not heard one peep about his plea. At first I thought it was because of all of the evidence that's been released, but then here comes JR and he still pled not guilty the first of March. Both him and JR have an arraignment coming up on the same day, but JR's already pled not guilty.
I was curious if you could explain or give me/us some reasons why we've not heard a plea from Mark? Is it because he had no attorney?

TIA ~

MS just pleaded not guilty.

http://www.winknews.com/2016/03/24/mark-sievers-files-not-guilty-plea-in-wifes-death/

 

[msboo]

Hey AZ.... how is indigent status handled as far as what an inmate tries to hide, which I would think would be hard to do after the fact, like after TS murder. One can 'gift' money/possessions but there's a per year cap on that. Wouldn't it be obvious fraud to transfer 'stuff' into others name(s)?

Thanks

 

[Dmacky]

Hey AZ.... how is indigent status handled as far as what an inmate tries to hide, which I would think would be hard to do after the fact, like after TS murder. One can 'gift' money/possessions but there's a per year cap on that. Wouldn't it be obvious fraud to transfer 'stuff' into others name(s)?

Thanks

^^^^^
Adding to mcboo's post
Especially with LE knowing everything about his financial information down to the penny, money in the safes, checking and savings etc.

 

[AZlawyer]

Hey AZ..... when MS & JR's arraignment comes up on 3/28, will it be both of them at the same arraignment at the same time OR are they separate? Guess I'm hoping the GJ has met by that time & charges can be upgraded to 1st degree.

Thanks for all your input & answers here in helping us understand the process!

I believe I've read here that they're scheduled for the same time and have the same case number.

AZ, in your opinion, with the advances in science and technology, do you think it is more likely to get a guilty verdict when the DP is off the table and sentencing is LOWP? 20-30 years ago, juries didn't have DNA, cell phone pings etc. Do you think juries rely on that type of evidence to impose the DP and without it, err on the side of caution not to convict if the case is not "CSI" worthy?

Yes, I think that's a factor, especially with news articles about people being released after 20 years in prison due to new DNA evidence, etc.

AZlawyer, can the 'private paid' lawyer leave his client without representation
1) another lawyer appointed or hired; 2) approval by the Judge before another lawyer is appointed?

THank you.

If the case is nowhere near trial, a private attorney can generally get out very easily.

Hey AZ.... how is indigent status handled as far as what an inmate tries to hide, which I would think would be hard to do after the fact, like after TS murder. One can 'gift' money/possessions but there's a per year cap on that. Wouldn't it be obvious fraud to transfer 'stuff' into others name(s)?

Thanks

^^^^^
Adding to mcboo's post
Especially with LE knowing everything about his financial information down to the penny, money in the safes, checking and savings etc.

In most cases, there are no resources available to really investigate an indigency affidavit. Here, if MS says anything false, it will be easy for the prosecution to find out from LE. But I wouldn't make the assumption that he would need to lie to be found indigent at this point.

 

[Legally Bland]

If MS has passed the medical records TS's patients to RH, would that be a grounds for complaint under HIPAA privacy, or could it be deemed as a referral for the furtherance of treatment?

 

[AlwaysShocked]

Hi AZ,

I don't understand the part of this (from the article posted above) in which it says that the Petition for Custody filed by TS's mother is unrelated to another hearing for custody (DCF Hearing) that is already scheduled.

"On Monday, Teresa Sievers’ mother, Mary Ann Groves, filed a petition for temporary custody of her two granddaughters. The 11-year-old and 9-year-old girls stayed with family friends before moving into Groves’ Estero home while their father, Mark Sievers, is in jail.

In her petition, Groves says she has been caring for them full-time as a substitute parent.

“As a result of the father’s alleged acts and the resulting loss of their mother, the children have suffered severe psychological and emotional harm,” the petition states.

Mark Sievers has 20 days to respond to the petition. He’ll be in court next month for a hearing regarding custody of his two children not related to the petition."


Is it because a DCF Hearing only relates to temporary placement and the filed Petition relates to a more permanent custody decision?

 

[AlwaysShocked]

Hey AZ.... how is indigent status handled as far as what an inmate tries to hide, which I would think would be hard to do after the fact, like after TS murder. One can 'gift' money/possessions but there's a per year cap on that. Wouldn't it be obvious fraud to transfer 'stuff' into others name(s)?

Thanks

Just a small point to clarify this: Per IRS regulations the "cap" ($14,000 per year per person in 2015) is on the amount you may gift to someone tax free.in that year. So, there is no law about how much you can legally gift to someone in any one year, it is just that you will be liable to pay a "gift tax" on any amount over whatever the yearly limit is for that year.

Also, this is once again why dishonest/criminal people skim cash from a business/drug deals/scams and keep cash in a safe within their home. The IRS can trace money movement within the banking system. But it is very difficult to trace the movement of cash.

 

[AZlawyer]

If MS has passed the medical records TS's patients to RH, would that be a grounds for complaint under HIPAA privacy, or could it be deemed as a referral for the furtherance of treatment?

My recollection from the last time this came up in my practice (maybe 6 months ago) was that there were conflicting interpretations. Personally, I think the decision to transfer to a new provider for further care would have to be made by the patient, not by the doctor, to fit within this exception.

Hi AZ,

I don't understand the part of this (from the article posted above) in which it says that the Petition for Custody filed by TS's mother is unrelated to another hearing for custody (DCF Hearing) that is already scheduled.

"On Monday, Teresa Sievers’ mother, Mary Ann Groves, filed a petition for temporary custody of her two granddaughters. The 11-year-old and 9-year-old girls stayed with family friends before moving into Groves’ Estero home while their father, Mark Sievers, is in jail.

In her petition, Groves says she has been caring for them full-time as a substitute parent.

“As a result of the father’s alleged acts and the resulting loss of their mother, the children have suffered severe psychological and emotional harm,” the petition states.

Mark Sievers has 20 days to respond to the petition. He’ll be in court next month for a hearing regarding custody of his two children not related to the petition."


Is it because a DCF Hearing only relates to temporary placement and the filed Petition relates to a more permanent custody decision?

It's more like one is public (the government is asking for certain orders), while one is private (a family member is asking). They should end up being consolidated in front of the same judge, though, and many times private petitions are filed at the suggestion of governmental agencies like DCF.

Just a small point to clarify this: Per IRS regulations the "cap" ($14,000 per year per person in 2015) is on the amount you may gift to someone tax free.in that year. So, there is no law about how much you can legally gift to someone in any one year, it is just that you will be liable to pay a "gift tax" on any amount over whatever the yearly limit is for that year.

Also, this is once again why dishonest/criminal people skim cash from a business/drug deals/scams and keep cash in a safe within their home. The IRS can trace money movement within the banking system. But it is very difficult to trace the movement of cash.

Thanks for catching that--I was answering on my phone and forgot to add that there's no actual legal limit on gifts.

 

[howonkee]

According to the FL Dept of Health online records of medical professionals, MS still has an active license as an LPN. Shouldn't they put that license on hold or make it inactive or something so that any powers he could have with that license won't occur? It makes me nervous that he could be dreaming up schemes to use his license for his own personal benefit.

https://appsmqa.doh.state.fl.us/MQA...nseVerification?LicInd=99005&ProCde=1702&org=

 

[AZlawyer]

According to the FL Dept of Health online records of medical professionals, MS still has an active license as an LPN. Shouldn't they put that license on hold or make it inactive or something so that any powers he could have with that license won't occur? It makes me nervous that he could be dreaming up schemes to use his license for his own personal benefit.

https://appsmqa.doh.state.fl.us/MQA...nseVerification?LicInd=99005&ProCde=1702&org=

Simply being arrested/charged with a crime likely doesn't qualify as unprofessional conduct or whatever needs to be proved to suspend his license. I imagine it will be suspended for, e.g., failure to pay fees or keep up with continuing education requirements much sooner that it would be suspended for murder.

 

[Lawdog99]

I hope this is not a forebidden question, I don't want to be in the timeout chair.... I know after the incident occurred, LE wanted to talk to the girls but Mark would not allow it. Can LE talk to them now? I really think they know a whole lot, they really seem to be smart and very sweet young ladies.

 

[AZlawyer]

I hope this is not a forebidden question, I don't want to be in the timeout chair.... I know after the incident occurred, LE wanted to talk to the girls but Mark would not allow it. Can LE talk to them now? I really think they know a whole lot, they really seem to be smart and very sweet young ladies.

The answer should depend upon who has legal custody, which right now I believe is the State of Florida. That said, DCF probably won't make that call.

The girls could be subpoenaed to testify, of course. But I can't imagine they are believed to have such significant information that anyone wants to put them through that ordeal. If they say anything to any third party (like their maternal grandmother), she can pass it on to LE and, if necessary, they can be subpoenaed to testify about it. Or if grandma gets legal custody rather than simply being the "placement," she can make the decision.

 

[DaleTray]

I will assume CWW has already spilled all the damaging evidence and leads and signed his John Hancock on the dotted line. The only thing remaining is, if and when, a trial starts CWW would have to testify to what he has already provided LE. What happens now if MS puts a contract out for CWW to die in prison prior to testifying? Would written evidence from CWW signed off on by CWW be enough to convict without CWW testifying against the other 2? Desperate times call for desperate measures.

 

[AZlawyer]

I will assume CWW has already spilled all the damaging evidence and leads and signed his John Hancock on the dotted line. The only thing remaining is, if and when, a trial starts CWW would have to testify to what he has already provided LE. What happens now if MS puts a contract out for CWW to die in prison prior to testifying? Would written evidence from CWW signed off on by CWW be enough to convict without CWW testifying against the other 2? Desperate times call for desperate measures.

Yeah, one way or another the hearsay hurdle could be dealt with under that circumstance. But I have a feeling LE is looking out for CWW right now. Also MS has no money for this "contract," no experience dealing with alternative economic options available in prison, and no known criminal connections other than the one he would now want to kill, therefore no power.

 

[irishchook]

AZ, Even though the case hasn't gone to trial yet, is Mark's defense team privy to every document from SAO? Or does the case need to go to trial first and MS secures an attorney? TIA

Sent from my SM-N900V using Tapatalk