Ohio Questions & Answers by Practice Area

Ohio Questions & Answers

Q: Will I go to jail on my first DUI if I blew over a .17

1 Answer | Asked in DUI / DWI for Ohio on Oct 13, 2013

Answered on Oct 30, 2014

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Matthew Williams' answer
If you are convicted of the high test (.17 and up), the minimum sentence is 3 days in jail plus the DIP program. A lawyer can typically work out a plea to avoid conviction of the high test, and may even be able to do better than that. You should get a lawyer.

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Q: Was arrested for dui while parked in parking lot.

1 Answer | Asked in DUI / DWI for Ohio on Oct 19, 2013

Answered on Oct 30, 2014

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Matthew Williams' answer
You should hire an attorney. OVI cases are no joke. Mandatory jail, big fines, long license suspensions and mounting penalties for multiple infractions make it important to have quality representation to mitigate the damage or fight the charge.

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Q: Daughter charged with Underage OVI .027

1 Answer | Asked in DUI / DWI for Ohio on Sep 6, 2014

Answered on Oct 30, 2014

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Matthew Williams' answer
I'm sorry no one answered your question in a timely fashion. I just started answering questions on this site. There are going to be a lot more answers for Ohio people now.

If she wants to fight a DUI charge she is almost certainly better off with private counsel. There are attorneys who devote a large percentage of their practice, some even devote their entire practice, to DUI litigation. This specialization gives them enormous advantages in addressing DUI issues over a lawyer with a...

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Q: What is needed to transfer a person in probation to another state?

1 Answer | Asked in Criminal Law for Ohio on Sep 26, 2014

Answered on Oct 30, 2014

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Matthew Williams' answer
Permission from the current probation department, the court, and the willingness of the other jurisdiction to assume responsibility for the probationer. This can be difficult to accomplish.

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Q: presumption in favor of court to impose a prison sentence does the judge have to send someone to prison or can he give c

1 Answer | Asked in Criminal Law for Ohio on Oct 2, 2014

Answered on Oct 30, 2014

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Matthew Williams' answer
If there is a presumption in favor of a prison sentence, which occurs in all F1 and F2 cases, and under limited circumstances in an F3 case, the defense attorney is given the opportunity to rebut the presumption (to argue against it) and the prosecutor may respond in favor of prison. If the judge is convinced prison is not appropriate after the argument, the judge may impose a community control sanction instead of prison or jail time.

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Q: what's the punishment foe first offense contributing to the unruliness of a minor

1 Answer | Asked in Criminal Law for Ohio on Oct 28, 2014

Answered on Oct 30, 2014

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Matthew Williams' answer
This is a first degree misdemeanor offense. The maximum penalty is 180 days in jail and a fine of up to $1,000. There is no minimum, so the court has a great deal of discretion in sentencing an offender. First time offenders are likely to receive probation and a fine. Those with a significant record are more likely to face actual jail time. It is important to note that this particular crime can result in many, many counts, as each day of a continuing behavior that contributes to the unruliness...

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Q: is driving under

1 Answer | Asked in Criminal Law for Ohio on Sep 24, 2014

Answered on Oct 28, 2014

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Matthew Williams' answer
Yes, it's a fifth degree felony or a felony of the fourth degree, if the firearm was loaded and concealed on your person.

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Q: Hi, I was charged with a "offense involving underage persons" is this the same as contributing to a minor?

1 Answer | Asked in Criminal Law for Ohio on Sep 24, 2014

Answered on Oct 28, 2014

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Matthew Williams' answer
You will need to be more specific to get a decent answer here. Do you happen to know what code section you are accused of violating?

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Q: My boyfriend got charged with sex offender charges for me being a minor i have a story to tell need help asap!?

1 Answer | Asked in Family Law for Ohio on Sep 28, 2014

Answered on Oct 28, 2014

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Matthew Williams' answer
Under Ohio law, you lacked the ability to consent to sex when you were 14. It's not legally relevant that you love him. He broke the law by sleeping with you and now has to face the consequences. If he is not under no contact order, you and he can talk and, if your parents don't object, you can even see each other, but he needs to be very careful to comply with all court orders, registration requirements and conditions, etc., or he could end up in a jail for a very long time.

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Q: My 16 yr old is on probation in Ohio. We want to move to west virgina. Can he go and what will happen?

1 Answer | Asked in Criminal Law for Ohio on Sep 29, 2014

Answered on Oct 28, 2014

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Matthew Williams' answer
You should sit down with his probation officer and discuss this. If he has been on probation for a while and is doing well, the officer may support your making a motion to the court to terminate his probation. Also, it may be possible to transfer his probation to WV.

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Q: I was subpoena to court as a witness for domestic violence from husband . I lied about what happened . It a a felony now

1 Answer | Asked in Domestic Violence for Ohio on Oct 1, 2014

Answered on Oct 28, 2014

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Matthew Williams' answer
It's very difficult for domestic violence victims to get the charges dropped. The simple fact is most prosecutors believe the first story, not the second. If you lie on the stand, you could be charged with perjury. If you lied in a police report, you could be charged with falsification. You may want to sit down with a lawyer or victim advocate and the prosecutor and talk it through. In the end, it's the prosecutor's decision whether or not to proceed with the case. It can be hard to get a...

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Q: If your on juvenile probation & you move out of state do you get off probation?

1 Answer | Asked in Juvenile Law for Ohio on Oct 1, 2014

Answered on Oct 28, 2014

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Matthew Williams' answer
No, you get off probation by complying with the terms for the requisite period of time or filing a motion for early termination. If you move out of state before your probation ends, you likely violated because most probation includes an order to remain within the state.

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Q: My baby mom lied on me she accused me of domestic violence a f4 she has never been in trouble how much time she look at

1 Answer | Asked in Domestic Violence for Ohio on Oct 5, 2014

Answered on Oct 28, 2014

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Matthew Williams' answer
If she is charged with falsification, she faces up to 180 days and a $1,000 fine. In reality, she would likely receive probation or even be permitted entry into a diversion program. She really should get a lawyer to help her out. There is a lot that can be done to protect first time offenders even if they are clearly guilty.

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Q: friend is a fugitive of law in oh being held in ga after coming back from his honeymoon now waiting for secret gr jury

1 Answer | Asked in Criminal Law for Ohio on Oct 7, 2014

Answered on Oct 28, 2014

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Matthew Williams' answer
You would need consult a Georgia lawyer about the specifics of their extradition law. In Ohio, a person can be held for 30-90 days while the other jurisdiction makes up its mind about whether to pay to come get them or not. In order for the person to be held longer than 30 days, a judge must decide it is reasonable, and will typically allow bond after the 30 days. If the jurisdiction requesting extradition decides not to come get the fugitive, he or she may be released, but the charges and...

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Q: Can a 6th grade class be searched with hand held metal detector wands randomly with no reasonable suspicion

1 Answer | Asked in Civil Rights for Ohio on Oct 8, 2014

Answered on Oct 28, 2014

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Matthew Williams' answer
Depends on who is doing the searching and what the policy behind it is. A school policy requiring random metal detector screening or screening of all students entering the building would likely be upheld as a reasonable safety measure. If the screen procedure singled out a certain group of students by race, gender, national origin, or other suspect categories, it may not have been legal.

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Q: my 15 year old daughter got expelled it was her first time in a altercation in her life can I fight this?

1 Answer | Asked in Civil Rights for Ohio on Oct 9, 2014

Answered on Oct 28, 2014

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Matthew Williams' answer
You may wish to retain a lawyer for your daughter. There are lawyers who specialize in administrative proceedings in schools, universities, and employment related disputes. However, if she was involved in a physical altercation, the school is generally within it's rights to suspend or expel.

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Q: in a federal case how long does it take for the actual triaal to start after arrest ?

1 Answer | Asked in Criminal Law for Ohio on Oct 10, 2014

Answered on Oct 28, 2014

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Matthew Williams' answer
This depends on a ton of factors. There is typically a lengthy pre-trial process in which the evidence is reviewed by both sides and negotiations regarding a potential plea are held. It is not uncommon for it to be six months to a year, or even longer, before an actual trail is held. Has bond been set? Does she have a lawyer?

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Q: I'm 17 and on drug court can I move to south Carolina if my guardian doesn't want me?

1 Answer | Asked in Juvenile Law for Ohio on Oct 15, 2014

Answered on Oct 28, 2014

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Matthew Williams' answer
When you refer to your guardian are you talking about a GAL or your parents or someone in the position of a parent? Your GAL makes recommendations to the court about what he or she believes is in your best interest, but does not have the same authority to control your life that a parent or person acting as a parent does. As you are on drug court supervision, it is unlikely the court will permit you to move regardless of what you, your GAL, or your parents think. You would need court permission...

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Q: can i get in trouble for being 15 and fighting an 11 year old?

1 Answer | Asked in Juvenile Law for Ohio on Oct 16, 2014

Answered on Oct 28, 2014

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Matthew Williams' answer
Yes, a 15 year old who gets into a fight with an 11 year old could be brought in juvenile court to answer a complaint for assault among other things.

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Q: can a police draw guns on you and I never pulled you over with sirens

1 Answer | Asked in Civil Rights for Ohio on Oct 20, 2014

Answered on Oct 28, 2014

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Matthew Williams' answer
The police can draw their weapons anytime it is reasonable necessary to secure the cooperation of a suspect or protect the police and public from a potential threat. There is no requirement that police use sirens first.

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