Ohio Questions & Answers by Practice Area


Ohio Questions & Answers

Q: Professor calling me a different name twice. Is this legal to where I win and university loses. Please advice. ASAP plse

1 Answer | Asked in Education Law for Ohio on Jan 23, 2015

Answered on Jan 25, 2015

Follow Question


Matthew Williams' answer
This is an internal university matter, not a legal matter. If you believe the professor made an error and gave you someone else's grade, you may be able to appeal the grade through the university. That can be very difficult; however, as the professor will most likely say it was just a typo and you got the grade you deserved.

Answer this Question View More »

Q: will the court lift warrant blocks to get my drivers license, if I go and ask to make and set up a monthly payment plan?

1 Answer | Asked in Traffic Tickets for Ohio on Jan 23, 2015

Answered on Jan 25, 2015

Follow Question


Matthew Williams' answer
Probably. The court has the power to require you to pay up completely, but also the power to allow you to make payment arrangements. Many courts are willing to do payment plans. It helps to have a lawyer negotiate it for you.

Answer this Question View More »

Q: in Ohio if i am 17 and got pregnant by a man over 20 years old could he go to jail?

1 Answer | Asked in Criminal Law for Ohio on Jan 23, 2015

Answered on Jan 25, 2015

Follow Question


Matthew Williams' answer
Probably not. The age of consent in Ohio is 16. A 16 year old can legally consent to sexual activity, provided the adult involved is not in a position of authority over him or her. If this person is a coach, teacher, employer, etc., he could get in a lot of trouble here. Otherwise, it's not likely to lead to anything except a fight with your parents and custody issues.

Answer this Question View More »

Q: my son as a first tim offender recieved 23 years fr 2 felony 3 robbery is there any form of an appeal that he can file

1 Answer | Asked in Criminal Law for Ohio on Jan 24, 2015

Answered on Jan 25, 2015

Follow Question


Matthew Williams' answer
Yes, you can appeal both conviction and sentence, provided there is some legal basis for the appeal. There is almost always something to argue at least on the direct appeal. Appealing the sentence is more difficult. You need to act quickly. His attorney should have filed a notice of appeal immediately after he was sentenced. This needs to be done in a timely fashion as it is much more difficult to file a delayed appeal.

Answer this Question View More »

Q: Me and my brother got into an altercation wnd i was wondering if i am able to get a protection order on him

1 Answer | Asked in Domestic Violence for Ohio on Jan 24, 2015

Answered on Jan 25, 2015

Follow Question


Matthew Williams' answer
Probably, yes. If you go to your local municipal court and ask for a protection order based on allegations of domestic violence, it is typically granted. Be careful, however, as it will also likely result in a criminal investigation and your brother could face a domestic violence or assault charge.

Answer this Question View More »

Q: I have a agv. assault and child endangering from 24 years ago can I have it taken off my record?

2 Answers | Asked in Criminal Law for Ohio on Jan 23, 2015

Answered on Jan 24, 2015

Follow Question


David Michael Johnson's answer
You may want to look into sealing your record. A person can be eligible to seal their record provided they have not more than 1 felony, 1 felony and 1 misdemeanor, or 2 misdemeanors. If the aggravated assault carried a mandatory prison term, or if the child endangering was a felony, you will not be eligible to seal your record. If the child endangering charge was a misdemeanor, you may be eligible to seal your record. You will want to contact an attorney and discuss this with them.

Answer this Question View More »

Q: will charges get dropped against my daughter for falsification charges if the dv case was dismissed against her boyfrien

1 Answer | Asked in Domestic Violence for Ohio on Jan 23, 2015

Answered on Jan 23, 2015

Follow Question


Matthew Williams' answer
No, they will not dismiss the charges against her because they dismissed the charges against him. One thing has little to do with the other. If the prosecutor believes your daughter lied to him or her, or to the police, and that she was assaulted, the prosecutor may well pursue charges against your daughter regardless of what he does with her boyfriend's case. Your daughter should get an attorney. There may be other reasons to dismiss her charges. Many domestic violence victims attempt to...

Answer this Question View More »

Q: took a picture of my son in the juvenile detention center and posted it on facebook there was another child in the pic

1 Answer | Asked in Internet Law for Ohio on Jan 20, 2015

Answered on Jan 22, 2015

Follow Question


Matthew Williams' answer
Posting such a picture likely violates the juveniles' right to privacy in their legal proceedings. While there may not be a specific statute making it a crime, it is probably against detention center regulations and could be perceived as contempt by the juvenile court. You could also face a lawsuit from the other juvenile's family. If I were you, I wouldn't post the picture. If you have been charged with a crime for this, I would be interested to read the statutory section used by the...

Answer this Question View More »

Q: How much time could i get for purchasing a firearm in my name for someone else?

1 Answer | Asked in Federal Crimes for Ohio on Jan 20, 2015

Answered on Jan 22, 2015

Follow Question


Matthew Williams' answer
Whoa! Don't do that. First, falsification to obtain a firearm is fifth degree felony carrying up to 1 year under Ohio law. Second, unlawful transaction in weapons is a felony of the fourth degree carrying up to 18 months under Ohio law. Third, knowingly making false statements in connection with the purchase of a firearm is a federal crime carrying 10 years. Fourth, there are a variety of other federal crimes you may be committing depending on the nature of the firearm and the reason the other...

Answer this Question View More »

Q: Is It legal in Ohio for a 17 year old to drop out of high school with parental permission

1 Answer | Asked in Juvenile Law for Ohio on Jan 22, 2015

Answered on Jan 22, 2015

Follow Question


Matthew Williams' answer
In Ohio, a juvenile can drop out at 16 if, and only if, they have three things: a full time job, the permission of a parent, and the permission of their district. Under any other circumstances, it is illegal.

Answer this Question View More »

Q: if you are charged with 2911.11 and on parole how many years can you get

1 Answer | Asked in Criminal Law for Ohio on Aug 30, 2014

Answered on Jan 22, 2015

Follow Question


David Michael Johnson's answer
2911.11 is aggravated burglary. This charge is a 1st degree felony, which carries a prison term of 3-11 years. The court may seek to revoke the individual's parole, but the court will not increase the sentence for aggravated burglary based on revocation of post-release control.

Answer this Question View More »

Q: I was charged with drug abuse for picking up a pot pipe that was not mine. 4 years ago. I cant get a job. How can I get

1 Answer | Asked in Criminal Law for Ohio on Sep 8, 2014

Answered on Jan 21, 2015

Follow Question


David Michael Johnson's answer
It appears that you were convicted of drug paraphernalia, a 4th degree misdemeanor. You must wait at least 1 year to expunge your record and not commit any further criminal acts. The process for having your criminal record expunged by obtaining a final order of conviction from the clerk of courts begins by obtaining a certified copy of the Judgment Order of Conviction. They should be able to give you a certified copy for a small fee. Make sure you have the case number. Fill out the two forms...

Answer this Question View More »

Q: what are the due process procedure for the filing of a protection order

1 Answer | Asked in Criminal Law for Ohio on Sep 9, 2014

Answered on Jan 21, 2015

Follow Question


David Michael Johnson's answer
This question is somewhat vague on what you are actually looking for. There are a number of different types of protection orders, including a civil protection order, restraining order, domestic violence protection order, temporary protection order, etc. You must ask a court (usually by a petition) for a protection order and the court will decide whether to grant it or not.

Answer this Question View More »

Q: If a woman loses her child to cps and then gets pregnant years later can they take that baby as well?

1 Answer | Asked in Family Law for Ohio on Jan 17, 2015

Answered on Jan 20, 2015

Follow Question


Matthew Williams' answer
Not because they took the first one, no. But they could take the second child, if the conditions that resulted in taking the first child persist.

Answer this Question View More »

Q: My husband is was arrested and is being charged with a felony4 domestic violence.

1 Answer | Asked in Domestic Violence for Ohio on Jan 18, 2015

Answered on Jan 20, 2015

Follow Question


Matthew Williams' answer
That's hard to say. Is there other evidence against him besides your son's testimony? If so, then he may well still be indicted. Also, the prosecutor may force you all to come testify depending on how busy he or she is. Ignoring a subpoena can have consequences, though it typically isn't followed up on. In any event, your husband should get an attorney.

Answer this Question View More »

Q: first time petty theft in sylvainia court. do i need lawyer

1 Answer | Asked in Criminal Law for Ohio on Jan 20, 2015

Answered on Jan 20, 2015

Follow Question


Matthew Williams' answer
You should always have an attorney for any criminal offense. First time theft offenders perhaps most of all. A theft conviction will make it very difficult for you to find work. Luckily, there are usually ways to avoid such a conviction, even if you are guilty. Have an attorney look into that for you.

Answer this Question View More »

Q: is a overdose concidered a posession charge

1 Answer | Asked in Criminal Law for Ohio on Dec 23, 2014

Answered on Jan 20, 2015

Follow Question


David Michael Johnson's answer
Under ORC 2925.11, any person who knowingly obtains, possesses or uses a controlled substance can be charged with this offense. Since using a controlled substance is required to overdose on a drug, and using a controlled substance can result in being charged with drug possession, a person who overdoses on a controlled substance can be charged with drug possession.

Answer this Question View More »

Q: I am in love with a Indian man and I live in the usa how can we get married

1 Answer | Asked in Native American Law for Ohio on Jan 13, 2015

Answered on Jan 15, 2015

Follow Question


Matthew Williams' answer
If you are a US Citizen, an attorney can help you file the proper paperwork with USCIS to bring your fiance to the US and get him a green card. It is important to do all of this properly, otherwise, he could wind up waiting a long time to be allowed to come here so don't just fly over there and get married hoping it will all work out in the end.

Answer this Question View More »

Q: Me and my boyfriend don't stay together or have a kid in common but they charged him with domestic violence f4.

1 Answer | Asked in Domestic Violence for Ohio on Jan 15, 2015

Answered on Jan 15, 2015

Follow Question


Matthew Williams' answer
You can help him find a lawyer and make sure he complies with any protection order that may come out of this. You can tell the grand jury he doesn't stay with you, but that may just result in an assault charge instead of a DV. Bear in mind that you can be charged with falsification, if you start telling a bunch of different stories. You can be uncooperative like not showing up, but that could lead to your arrest. What other evidence is there against him?

Answer this Question View More »

Q: My exhusband got a DV charge. He got it from his current wife. He and I have two kids. He is currently out on bond.

1 Answer | Asked in Domestic Violence for Ohio on Jan 15, 2015

Answered on Jan 15, 2015

Follow Question


Matthew Williams' answer
It's not entirely clear what you want. Do you want him to stay away from the kids until his case is resolved? If so, you can seek a protection order on behalf of your kids, but unless he has been violent or threatening with them, the court may not grant it.

Answer this Question View More »