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Ohio Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Ohio on
Q: Can they impose jail time on a probation violation if the new charge for the violation does not carry any jail time?
Marcus A. Ross
Marcus A. Ross
answered on Mar 16, 2024

Yes. The judge who is presiding over the case can impose jail time on the suspended sentence of the original/underlying conviction. In Franklin County one of the terms and conditions of probation typically requires a defendant to obey the laws of the state of Ohio and/or not pick up any new... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Criminal Law for Ohio on
Q: I have been on probation for 2 months longer than sentenced. Ive asked for exp. date "I'll get back to you" can I sue?

I finally found my case information today and I knew I was right. Now they changed my probation officer. At the original meeting at probation in Lawrenceburg IN I was given a paper with all info according to my conditions. On the paper it even says that my probation isn't due to end until... View More

James L. Arrasmith
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answered on Mar 9, 2024

Based on the information you've provided, it does seem like there is a discrepancy between the probation end date given to you by your probation officer and the end date that would be calculated based on your 870-day sentence. If you have indeed been kept on probation longer than your original... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Lemon Law for Ohio on
Q: Who do I contact or what can I do about a Used Auto Dealership, trying to fraud me?

I financed a vehicle for 13,000. Everything got finializied, the Finance guy at the dealership is trying to fraud me out of money for things that dont connect with my loan or contract, is threatening me and trying to use scare-tactics to have me voluntary repo the car and still be at fault for a... View More

Marcus A. Ross
Marcus A. Ross
answered on Feb 29, 2024

You can contact the Ohio Attorney General’s Office Consumer Fraud Division which deals with fraud and deceptive trade and sales practices by businesses like automobile dealerships and report tge fraudulent behavior. You also obviously have the option of filing a civil action against the finance... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Is stolen property admissible as evidence if given freely by the thief?

If someone steals something, like a phone or files, and freely gives that information to the police, is it admisible as evidence against the person it was stolen from? This is assuming the police had no idea it was going to be stolen.

James L. Arrasmith
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answered on Feb 26, 2024

* No, stolen property that is freely given to police by the thief would generally not be admissible as evidence against the person it was stolen from. There are a few reasons why:

* The evidence was obtained illegally to begin with by the thief, so it would likely be excluded under the...
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1 Answer | Asked in Criminal Law, Federal Crimes and Family Law for Ohio on
Q: Is is fraud to have wedding ceremony but not get legally married? Marriage could negatively impact debt liability + SSI.

Asking for friends. If a disabled person and a non-disabled person are dating, and want to get married for religious + social reasons, but discover marriage would put the disabled partner over the income limit for SSI, is a non-legal religious ceremony ok? Or is it fraud?

In this case,... View More

James L. Arrasmith
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answered on Feb 25, 2024

Holding a wedding ceremony without completing the legal formalities to become officially married is not, in itself, fraud. Many couples choose to have a religious or ceremonial marriage without the legal recognition for various personal reasons, including financial or medical benefit... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Civil Rights for Ohio on
Q: purchasing a firearm and obtaining a CCW in ohio with a criminal record

I do not have any felonies.

I do have a Domestic violence charge from 6 years ago that was dismissed in court. I looked up the court docket recently to make sure it was dismissed.

I also got a menacing charge that was dropped down to a disorderly conduct charge. i’ve tried... View More

James L. Arrasmith
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answered on Feb 25, 2024

Given your situation, it's essential to understand that firearm laws can vary by state and can be complex, especially concerning individuals with prior criminal records. In Ohio, domestic violence convictions can result in restrictions on firearm ownership, even if the charge was dismissed or... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: I just finished OVI court program 6 months ago and now on non reporting probation until dec of 2024.

However, I recently had a fail on my intoxalock of .029 and passed on the third try after about 30 min. The court contacted me and told me the judge has revoked my driving privileges until dec. If I hire an attorney to help me file a motion how long does it usually take for a decision? I have since... View More

Emely Elizabeth Cruz
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answered on Feb 24, 2024

Hi! This is a bit of a difficult question to answer because it all depends on the judge. First, depending on the court's docket, the decision on your motion can take weeks to months. Good job for continuing to go back to counseling and continuing your efforts to improve. However, it is... View More

2 Answers | Asked in Criminal Law for Ohio on
Q: If I am a witness for the defense can the prosecutor add me as a witness to their side?

I was a witness in a criminal trial for the defense. I went and spoke to law enforcement to advise them of what happened just prior to the alleged crime At the trial the defense attorney asked for a separation of witnesses. I was subpoenaed in the courtroom, forced to leave, and then never called... View More

Patrick DiChiro
Patrick DiChiro
answered on Feb 15, 2024

The Answer to your question is yes. If you are a defense witness and the prosecutor knows about you and thinks there is something that you can add to his or her case, then they can add you to their witness list. The opposite is also true. Many times as a defense attorney, I put a witness that is... View More

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1 Answer | Asked in Criminal Law for Ohio on
Q: In the state of Ohio can I restore gun rights If charges have been expunged
T. Augustus Claus
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answered on Feb 9, 2024

In Ohio, if your charges have been expunged, you may have the opportunity to restore your gun rights. Expungement, or sealing of a criminal record, can effectively remove the conviction from your public record, which might otherwise disqualify you from possessing firearms. However, the process for... View More

2 Answers | Asked in Contracts, Criminal Law and Landlord - Tenant for Ohio on
Q: Wife & I were scammed out of a place and $1,275. What do we do?

Wife & I were going to rent an apartment from someone claiming place was ready. It was far from it. Recently found out this situation has been happening to multiple people by the same landlord. Can we get anything back? They only gave us a small portion back. We are still out $975 and now... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 5, 2024

Given the description, you may file a complaint in small claims court against the landlord. Whether you can succeed will depend, in large part, on the language in the agreement you signed. Try and identify portions of the landlord's responsibilities that the landlord failed to perform.... View More

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1 Answer | Asked in Criminal Law for Ohio on
Q: What is the meaning of: SUPPLEMENTAL RESPONSE TO DEFENDANT'S REQUEST/DEMAND FOR DISCOVERY
Marcus A. Ross
Marcus A. Ross
answered on Feb 5, 2024

Supplemental Response to discovery request means there is additional discovery the Prosecutor is providing to the Defense/Defendant as required under Criminal Rule 16 of the Rules of Criminal Procedure. This could be any tangible evidence( police report/narrative,dash cam/cruiser video,forensic... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Ohio on
Q: While delivering,pulled said no signal,left a drug house, passenger questioned,had past,pulled out cuffed,in car,letgo

While my fiancee & I were doing deliveries a week ago on last delivery when left at stop sign a cop car down the road at a stop sign with lights out, so as usual I used all my signals and waited 5 sec before turning I wasn't followed think I went through 3-4 stop signs and 4 roads before... View More

James L. Arrasmith
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answered on Feb 4, 2024

In the situation you described, it appears that you were stopped by the police for alleged traffic violations and questioned about your activities. It's essential to remember your rights during such encounters. You have the right to remain silent and not answer questions beyond providing your... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: How does a forfeiture work after a federal case is dismissed
James L. Arrasmith
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answered on Feb 4, 2024

After a federal case is dismissed, the process for handling forfeiture depends on the specifics of the case and the nature of the forfeiture. If property was seized as part of the investigation or proceedings, its return typically hinges on whether the dismissal of the case removes the legal basis... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: My friend is in jail for a pv. His attorney is asking for a revocation for community control supervision. What does this
James L. Arrasmith
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answered on Jan 13, 2024

In the context of your friend's situation, a "revocation for community control supervision" typically means that his attorney is requesting a review or hearing regarding the status of his community control or probation. This review is usually initiated when there are concerns about... View More

2 Answers | Asked in Criminal Law and Federal Crimes for Ohio on
Q: Does senate bill 288 make judicial sanctions sentences concurrent to felony sentence?
T. Augustus Claus
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answered on Dec 20, 2023

In Ohio, Senate Bill 288 does not automatically make judicial sanctions sentences concurrent to felony sentences. Senate Bill 288 allows judges to impose "judicial release" sanctions, allowing individuals serving felony sentences to be released early for certain offenses. However, the... View More

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2 Answers | Asked in Criminal Law for Ohio on
Q: If drugs are found in a prison cell can they charge everyone in the cell with possession?
James L. Arrasmith
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answered on Dec 20, 2023

When drugs are found in a prison cell, the question of who can be charged with possession is a complex one and depends on various factors.

Legally, it's possible for authorities to charge everyone in the cell with possession, especially under the concept of "constructive...
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2 Answers | Asked in Criminal Law for Ohio on
Q: If drugs are found in a prison cell can they charge everyone in the cell with possession?
T. Augustus Claus
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answered on Dec 19, 2023

In Ohio, if drugs are found in a prison cell, the legal consequences for individuals sharing the cell can vary. While every case is unique, the mere presence of drugs in a shared space may not automatically lead to charges for everyone in the cell. Prosecutors typically need evidence linking the... View More

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1 Answer | Asked in Criminal Law for Ohio on
Q: I have felonies that have been dismissed. How do I go about getting them expunged?
T. Augustus Claus
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answered on Dec 14, 2023

To expunge dismissed felonies in Ohio, start by checking eligibility criteria and ensuring you've completed the waiting period, typically one year from dismissal. Obtain court records of the case, fill out an expungement application, and file it with the court, paying any applicable fees.... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Ohio on
Q: What are the gun law requirements in Ohio when carrying in a vehicle for non CHL holders?
T. Augustus Claus
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answered on Dec 4, 2023

In Ohio, non-CHL holders can carry a loaded handgun in their vehicle but it must be unloaded and placed in a locked container or a compartment that is out of the immediate reach of the driver or any occupant of the vehicle.

Here are some additional details about Ohio's gun laws for...
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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Municipal Law for Ohio on
Q: Can two people legally fist fight if they both consent
James L. Arrasmith
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answered on Dec 2, 2023

In Ohio, as in many states, consenting to a physical fight does not necessarily make it legal. Even if both parties agree to a fist fight, it can still be considered a breach of the peace or a violation of public order laws.

The legal system generally discourages acts of violence,...
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