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1 Answer | Asked in Gov & Administrative Law for Ohio on
Q: Can I carry a loaded firearm in my vehicle as a permit less carrier? Is Ohio code 2923.16 in regards to Senate Bill 215?
James L. Arrasmith
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answered on Apr 17, 2024

Ohio Senate Bill 215, which went into effect on June 13, 2022, allows individuals 21 years and older to carry a concealed handgun without a permit in Ohio. This is often referred to as "constitutional carry" or "permit less carry."

However, it's important to note...
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2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for Ohio on
Q: How long will it take a lawyer to get back with you after getting your medical records?

I have been searching for a lawyer for medical malpractice case. I found one that seems promising. We had a conversation about a situation she told me how to get my medical records. I uploaded them and sent them per her request. About a week and a half later they sent me a message saying they got... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 16, 2024

It is not an usual amount of time but you must exercise care in that there are strict deadlines in which a lawsuit or other action needs to be taken and you do not want to run out of time. Therefore, you may want to ask when you will get an answer and continue searing for attorneys.

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: In Ohio, failure to give Tenant notice 60 days prior result in having to pay for another month?

My roommate and I forgot to give notice 60 days prior and we gave roughly 45 days. The complex said we are now responsible for utilities for 20 extra days. Can they do that and charge rent for 20 extra days as well? The lease states this Tenant shall give not less than sixty days written notice. If... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information provided, it seems that your lease agreement requires you to give at least 60 days written notice before vacating the premises. Since you provided only 45 days notice, you are not in compliance with the terms of the lease.

In this situation, the landlord may be...
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1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: I was in a autoparts parking lot , my car was over heating so i decided to take a nap why it cooled off. I dont drink .

A person called 911 cause they couldnt wake me( i was a sleep fir approximatly 28 minutes.)and told 911 that they didnt know what was wrong but i might be overdosed. Medics showed up and put me in the ambulance. The cops showed up and medic and cop said i admitted fentynal use(which i have never... View More

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information provided, it seems like there are several potential legal issues at play:

1. Unreasonable search and seizure: If the police searched you and your vehicle without probable cause, your consent, or a warrant, it could be a violation of your Fourth Amendment rights...
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1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: Can a police officer legally stop and ID someone because they “look young” when it is past curfew, in ohio.
James L. Arrasmith
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answered on Apr 15, 2024

In Ohio, a police officer may stop and question a person who appears to be underage and out past curfew hours. However, the stop must be based on reasonable suspicion that the individual is violating curfew laws.

Key points regarding curfew stops in Ohio:

1. Ohio has a statewide...
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1 Answer | Asked in Insurance Bad Faith for Ohio on
Q: My insurance company falsified my mileage on a total loss claim and when confronted about it they cut contact altogethe

I provided proof that they falsified my mileage and asked if they were going to low ball me on my car value now. Ever since then they cut contact with me altogether. Probably waiting for my attorney at this point.

Progressive

So now I suppose I have to sue them?

Nothings been signed yet.

Tim Akpinar
Tim Akpinar
answered on Apr 14, 2024

An Ohio attorney could advise best, but your question remains open for a week. Suing is always an option on any claim. But maybe first look into what caused the mileage error, and if they will work toward resolution of the claim with you based on corrected odometer readings. If the claim is PD... View More

1 Answer | Asked in Probate for Ohio on
Q: Was my mother's POD on her bank accounts and TOD on her house. She had no will. My brothers want money from these acc

I did probate a 12,000 car because I did not know the TOD had to be given to title office before death. So they want all the money from the car and each want 1/6 of the bank and house. There was 6 kids but I was her 24/7 care giver they never even talked to her or seen her.thanks

Brenden Patrick Kelley
Brenden Patrick Kelley
answered on Apr 14, 2024

Any accounts with a Payable-on-Death (POD) designation and properties with a Transfer-on-Death (TOD) designation are not subject to probate and will pass directly to the individuals named as designees. Consequently, your siblings would not have any claim to those assets. However, any assets that do... View More

1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: I am purchasing a property under my LLC the property also have a bar that is being sold with it should I create a LLC

A separate LLC for the bar

Brenden Patrick Kelley
Brenden Patrick Kelley
answered on Apr 14, 2024

While there may be specific circumstances that influence the decision to form separate LLCs, my general recommendation is to do so. Establishing separate LLCs can raise your expenses and increase the time you invest, but it offers significant protection for both your personal assets and your... View More

1 Answer | Asked in Gov & Administrative Law for Ohio on
Q: My grandfather (Idaho resident) wants to gift me (Ohio resident) his handgun. I’m also 18, how would one go about this?
James L. Arrasmith
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answered on Apr 12, 2024

I want to provide some helpful information, but also share a few important considerations:

Transferring a firearm across state lines can be complex due to federal and state laws. In general, interstate transfers of firearms between private parties (like you and your grandfather) living in...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: I have parenting issue with ex spouse with mental illness. He was been non compliant . He wants to modify the agreement.

When he doesn't agree with we agreed to, he's constantly is wanting to change things. We both are supposed to have an ROR, which includes talking to the psychiatrist and or doctors. I agreed to be transparent about my medical health, even though i do not have any psychotic disorders. He... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 11, 2024

I don't see a specific question here. It sounds like you may wish to either file a motion to enforce your present agreement, or in the alternative terminate your agreement in favor of you having custody reserving visitation to the other parent. It sounds like you may wish to have a Guardian ad... View More

1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: Criminal law question. Search and Seizure question - legitimate search or violation of 4th and 14th amendments?

A vehicle occupied by 4 occupants crashes into a stationary object. Two of the occupants are fatally injured and died on scene. The other two occupants, one being the driver, are injured and found unconscious by responding public safety officials - police, fire/rescue, and paramedics.

The... View More

James L. Arrasmith
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answered on Apr 10, 2024

This is a complex legal question involving the Fourth Amendment protection against unreasonable searches and seizures and the legal doctrine of "plain view." Here are the key considerations:

1. Expectation of privacy: The Fourth Amendment protects against unreasonable searches and...
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1 Answer | Asked in Banking for Ohio on
Q: Wells fargo is charging me monthly late fees for paying ON my due date. I use their bill pay system on their website.

They show payment was received same day, they state because it takes them extra days to process is why it's considered late

James L. Arrasmith
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answered on Apr 8, 2024

I'm sorry to hear that you're experiencing issues with Wells Fargo charging you late fees despite paying on your due date through their online bill pay system. This can be a very frustrating situation. Here are a few suggestions on how to address this:

1. Contact Wells Fargo...
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2 Answers | Asked in Family Law, Child Custody, Internet Law and Communications Law for Ohio on
Q: If I share my Facebook login with my son in a text message does that give my ex wife permission to login to messenger

She logged into my messenger account and read my personal messages and now is trying to use them against me to take away my shared parenting.

The messages are not to and from my son she used my sons old phone to obtain my personal password for my private messenger account and she logged... View More

Nicholas P. Weiss
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answered on Apr 8, 2024

No, it doesn't give her permission.

On the other hand, though she may have "hacked" your account, there is nothing private about private facebook messages. All of those are routinely subpoenaed in custody proceedings and are discoverable information, particularly if they...
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2 Answers | Asked in Family Law, Child Custody, Internet Law and Communications Law for Ohio on
Q: If I share my Facebook login with my son in a text message does that give my ex wife permission to login to messenger

She logged into my messenger account and read my personal messages and now is trying to use them against me to take away my shared parenting.

The messages are not to and from my son she used my sons old phone to obtain my personal password for my private messenger account and she logged... View More

James L. Arrasmith
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answered on Apr 16, 2024

No, sharing your Facebook login information with your son does not give your ex-wife permission to access your personal Messenger account. Logging into someone else's account without their explicit consent is a violation of privacy and may be illegal, depending on the laws in your... View More

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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Going through a divorce, what all can I legally get? Husband refuses to let me have anything!

Me and my husband are going to be going through a divorce. After obtaining legal martial status, we had bought a house, had a child, bought vehicles and appliances for the home. Husband refused to move out so I left, he states he is entitled to everything and I only get my clothes and custody of... View More

Nicholas P. Weiss
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answered on Apr 8, 2024

IN GENERAL: Anything purchased or acquired after a couple is married is considered marital property. That means that if the parties divorce, all of that property must be equitably divided between the parties. This includes houses, cars, personal property, retirement accounts, bank accounts, etc.... View More

1 Answer | Asked in Employment Law for Ohio on
Q: So I work for a pallet company but am being forced to clean up after another company.

I was told by my manager that it's not in our contact to do their work. So am I legally allowed to refuse to do it then?

James L. Arrasmith
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answered on Apr 6, 2024

Based on the information you've provided, if cleaning up after the other company is not part of your job duties as specified in your employment contract or job description, you may have grounds to refuse to perform that work. However, it's important to handle the situation professionally... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: I sold my condo and moved in with my Dad to take care of my Dad for six years. When he passed I stayed in the Condo and

My sister and I now own the condo. I still live here but now my sister refuses to pay her half of the taxes. I pay my half, HOH fees and all improvements and updates. If I don't pay her half can I be responsible

Nicholas P. Weiss
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answered on Apr 5, 2024

Yes. You are jointly responsible for all fees.

On the other hand, you live there, she doesn't. You are getting all of the benefit of the condo.

If you really don't like the arrangement, you can try to buy each other out or do a sale by partition if you can't agree.

1 Answer | Asked in Civil Litigation for Ohio on
Q: I sold a car to my cousin for 3250$ she gave me 1350 up front and it has been 2 months she has been ignoring my call

/text now she finally responded back and told me she was not paying me the car is still in my name title/registration etc if I call the police will they make her give me my car back or will they say it’s a Civil matter and take it to court?

James L. Arrasmith
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answered on Apr 4, 2024

In this situation, the police are likely to consider this a civil matter rather than a criminal one, as it involves a dispute over a private sale agreement between you and your cousin. The police generally do not get involved in enforcing private contracts or resolving disputes between private... View More

2 Answers | Asked in Bankruptcy for Ohio on
Q: Defaulted on a personal loan. Loan is unsecured, no collateral. It’s through Achieve Personal Loans. What should I do?
James L. Arrasmith
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answered on Apr 4, 2024

Here are some steps to consider if you've defaulted on an unsecured personal loan:

1. Contact the lender: Reach out to Achieve Personal Loans as soon as possible to discuss your situation. They may be willing to work out a modified payment plan or temporary deferment. Being proactive...
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2 Answers | Asked in Divorce and Family Law for Ohio on
Q: My huband said he filed for a divorce in February of this year 2024.

My husband said he hired an attorney in the beginning of February, he told me his attorney would write up the papers then email to him so he could look over them before signing. My husband then told me his attorney was going to mail me the papers so I could then look at them and if I did not agree... View More

Nicholas P. Weiss
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answered on Apr 3, 2024

It sounds like your husband has hired an attorney on a limited representation basis. That is, the attorney is just drafting documents, but your husband is handling the rest. If that's the case then this does sound above-board.

You do not need to wait any time at all if you want to...
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