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

[msboo]

If FL LE wants to question JR (assuming he doesn't exercise his right to remain silent), they will just go to the prison he's in and question him there. There's no need to move the prisoner around.

And I suspect they already did this--unless, as I said, he exercised his right to remain silent.

Same thing for Missouri LE questioning CWW.

Thanks, AZlawyer..... I didn't think they'd bring JR to FL for questioning. Figured LE from anywhere with legal reasons for questioning could cross state lines, & go thru the proper channels to do whatever necessary.

Another QUESTION: Since JR & CWW were arrested Thursday, 8/27/2015 (as one article said, yet another stated 8/28) and JR is serving 6mos on Fed charge, that means extradition to FL won't be til like the 1st of March 2016. ??? Is it possible, due to all involved in the Sievers murder case, that the Feds would reduce JR's 6mos sentence in Missouri to 'time served' (as 4mos total) by the end of the current year so extradition to FL could take place on or around the 1st of 2016? Is that a possibility?

 

[AZlawyer]

Thanks, AZlawyer..... I didn't think they'd bring JR to FL for questioning. Figured LE from anywhere with legal reasons for questioning could cross state lines, & go thru the proper channels to do whatever necessary.

Another QUESTION: Since JR & CWW were arrested Thursday, 8/27/2015 (as one article said, yet another stated 8/28) and JR is serving 6mos on Fed charge, that means extradition to FL won't be til like the 1st of March 2016. ??? Is it possible, due to all involved in the Sievers murder case, that the Feds would reduce JR's 6mos sentence in Missouri to 'time served' (as 4mos total) by the end of the current year so extradition to FL could take place on or around the 1st of 2016? Is that a possibility?

No, there's no hurry.

 

[observation]

AZ- I'm really hopeful you will be on standby once we have access to documentation in this case. So my question is- whenever there are large document dumps- as a lawyer, is this overwhelming more for you (because you understand at least 85%) OR for those that may understand about 60%??? Im hoping it's easy reading but I'll be very honest when I admit this is my first FL case. Nervous laugh.


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[Riversinthedesert]

AZLawyer, do you know when can we expect discovery with the arraignment behind us and a case management conference December 30th? TIA

 

[AZlawyer]

AZ- I'm really hopeful you will be on standby once we have access to documentation in this case. So my question is- whenever there are large document dumps- as a lawyer, is this overwhelming more for you (because you understand at least 85%) OR for those that may understand about 60%??? Im hoping it's easy reading but I'll be very honest when I admit this is my first FL case. Nervous laugh.


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I think understanding more makes it faster to go through things. But I don't think we'll see much until the investigation into other potential defendants is complete.

AZLawyer, do you know when can we expect discovery with the arraignment behind us and a case management conference December 30th? TIA

See above.

 

[beach]

Any insight and/or clarity you can add on the issues being debated on this thread would be greatly appreciated. :blowkiss:

http://www.websleuths.com/forums/showthread.php?295771-2015-11-30-IRS-Tax-Lien-Form-1040-for-the-year-ending-2013&p=12218209#post12218209

 

[ohreally]

IRS has placed a lien on the Siever's home. I am curious if IRS could or would place a hold on any monies MS might be making from his LLC for selling supplements? IIRC he is the sole owner of the LLC that Dr. Sievers patients ordered their supplements from.

 

[FightTheOstrich]

Can the judge force MS to handover his guns if the judge decides the girls should remain with MS?

 

[irishchook]

Can the judge force MS to handover his guns if the judge decides the girls should remain with MS?

Good question.

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[AZlawyer]

IRS has placed a lien on the Siever's home. I am curious if IRS could or would place a hold on any monies MS might be making from his LLC for selling supplements? IIRC he is the sole owner of the LLC that Dr. Sievers patients ordered their supplements from.

Really? I didn't know that. Yes, they could garnish distributions, but if he's the sole owner they probably won't bother. They could get it from whatever bank account he's depositing his profits in, though.

Can the judge force MS to handover his guns if the judge decides the girls should remain with MS?

Good question.

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I answered this on the other thread, but the short answer is yes, in Arizona, and probably, in Florida.

 

[SurfieTX]

Can Mark legally refuse to allow LE to interview the children as witnesses as long as he has custody?

 

[SweetCaroline]

I asked this on the other thread but it hasn't been answered yet. Now that the judge has ruled to let MS keep the girls, what will happen to them when/if LE comes to arrest him? Will they go into custody of Social Services?

 

[Webjunkie]

I hope this question makes sense. So, if someone is guilty of a heinous crime, do they actually tell their lawyer the truth? I would think it in their best interest for strategic defense, but perhaps that is not how it works. Maybe a lot of people try to bluff their lawyers, which in turn puts their lawyers on the spot when the truth comes out. So for example: Did OJ tell his lawyer the truth upfront, or did he play innocent and trust the lawyers skills to win the battle?

 

[AZlawyer]

Can Mark legally refuse to allow LE to interview the children as witnesses as long as he has custody?

Yes.

I asked this on the other thread but it hasn't been answered yet. Now that the judge has ruled to let MS keep the girls, what will happen to them when/if LE comes to arrest him? Will they go into custody of Social Services?

Yes. They could be placed with a relative, or in shelter or foster care.

I hope this question makes sense. So, if someone is guilty of a heinous crime, do they actually tell their lawyer the truth? I would think it in their best interest for strategic defense, but perhaps that is not how it works. Maybe a lot of people try to bluff their lawyers, which in turn puts their lawyers on the spot when the truth comes out. So for example: Did OJ tell his lawyer the truth upfront, or did he play innocent and trust the lawyers skills to win the battle?

Lots of people lie to their lawyers, even though they'd be better off telling the truth.

 

[SweetCaroline]

Will all the accused parties be tried at once, or will each suspect have his own trial?

 

[ohreally]

If/when they arrest MS can he be held in another county to keep him separated from CWW? If they can, then could his lawyer then motion (not sure if that is the proper term) the court to have him moved back to Lee county? Maybe by saying the attorney needs closer access to speak to the client.

 

[AZlawyer]

If/when they arrest MS can he be held in another county to keep him separated from CWW? If they can, then could his lawyer then motion (not sure if that is the proper term) the court to have him moved back to Lee county? Maybe by saying the attorney needs closer access to speak to the client.

They will hold him in Lee County as that's where the crime took place and will be prosecuted. I don't see why they would have any difficulty keeping him separated from CWW in jail.

 

[Frigga]

AZ- are you shocked that MS still has not been arrested?

Would they wait until after the holidays for some reason?

 

[AZlawyer]

AZ- are you shocked that MS still has not been arrested?

Would they wait until after the holidays for some reason?

I'm not shocked, but I am wondering what's going on behind the scenes, and what evidence LE is gathering.

I don't think the holidays would factor into the decision, at least at this point. Maybe if it were Christmas Eve. But aren't they Jewish anyway?

 

[atthelake]

I'm not shocked, but I am wondering what's going on behind the scenes, and what evidence LE is gathering.

I don't think the holidays would factor into the decision, at least at this point. Maybe if it were Christmas Eve. But aren't they Jewish anyway?

Since this is a question only thread I guess I will have to pose this correctly.

Teresa was Christian and he was Jewish so ergo the children are not Jewish as lineage as I believe follows the mother.

My question is what is the next deadline that we are looking for in this case?