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Questions Answered by Matthew Williams
1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: I have a dv felony 4 charge. I read that they have 270 days to bring me to trial. It's been almost 2 years. Can they do
Matthew Williams
Matthew Williams answered on Jan 24, 2022

The speedy trial clock is like the clock at a basketball game. 270 days, 90 if you are incarcerated awaiting trial. Seems speedy. But it pauses for every defense request and was paused in many cases for COVID-19 and pauses for this and pauses for that. A lawyer needs to sit down and go through your... Read more »

1 Answer | Asked in Criminal Law and Banking for Ohio on
Q: I cashed a fake check I didn't know it looked like a payroll check and it was made out to my bf and I signed it took it

To my bank and they cashed it. I thought of it wasn't real or whatever they would know before they cashed it

Matthew Williams
Matthew Williams answered on Jan 11, 2022

If you have been charged with a crime (which is unclear from your post) you should hire an attorney. If you are wondering if you could be charged with a crime, the answer is yes.

1 Answer | Asked in Criminal Law for Ohio on
Q: I turned down my plea deal. If key evidence is suppressed, do prosecutors lower the charges?

Is there ever a point before a trial where motions can no longer be heard to suppress evidence?

Matthew Williams
Matthew Williams answered on Jan 11, 2022

Depending upon how important the evidence suppressed is, a successful suppression motion can cause the government to dismiss a case entirely or offer a better deal. Most courts are quite liberal about when they will hear suppression motions all the way up until the date of trial. Suppression motion... Read more »

2 Answers | Asked in DUI / DWI for Ohio on
Q: I was never read my Miranda rights, but that is not in the police report. How do I prove that I wasn't?

Or do they have to prove that they did read me Miranda rights?

Matthew Williams
Matthew Williams answered on Jan 10, 2022

They do not have to Mirandize you at all. If they do not, they cannot use your statements during a custodial interrogations against you in court. So, if you were interviewed while in custody, they can't use what you said.

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1 Answer | Asked in Domestic Violence for Ohio on
Q: Iam victim of dv case in ohio why am I required to go to court and push for a tough sentence
Matthew Williams
Matthew Williams answered on Jan 5, 2022

You’re not. As the victim you have the right to say or not say whatever you want concerning sentence.

1 Answer | Asked in Criminal Law for Ohio on
Q: I hired a lawyer to fight criminal charges. Is it now too late to see if I qualify for a public defender to go to trial?

The final pretrial hearing is coming up and I expected to be able to clear my name of these charges with exculpatory evidence, however the prosecutor did not mark any evidence as exculpatory even though it should have been. I am concerned that my only two options will be to accept a plea deal for... Read more »

Matthew Williams
Matthew Williams answered on Jan 3, 2022

You can request the court assign you counsel, but as you have already retained counsel, the court may well find that you do not qualify. If there is specific exculpatory material you believe exists, but has not been turned over, you should discuss this with your attorney to press for more discovery.

1 Answer | Asked in Criminal Law for Ohio on
Q: I was molested as a child and I recently found the sick man who did it...I want lawyer advice

There is at least one other victim

Matthew Williams
Matthew Williams answered on Jan 1, 2022

Report the matter to police. If there is time remaining on the statute of limitations, your abuser may be prosecuted.

1 Answer | Asked in Criminal Law for Ohio on
Q: I have 2 release papers, one when I was released from prison, one I received 3 months after I was released from prison.

Both docs are the same except the post release control information. When I was released the doc states I have 3 months post release control. The doc I received 3 months after my release states 3 years post release control. Which is correct?

Matthew Williams
Matthew Williams answered on Jan 1, 2022

It is likely the 3 years is correct as 3 months is not a normal post release control duration.

1 Answer | Asked in Criminal Law for Ohio on
Q: Is it possible for someone to be indicted without a criminal charge going before a grand jury?

My lawyer used the language "We expect an indictment" at an early hearing and I had no reason to expect an indictment. Then in front of the judge he said "You got your indictment right?" and I nodded. Then afterwards I told him the reason I nodded was because it felt like he... Read more »

Matthew Williams
Matthew Williams answered on Jan 1, 2022

While such an exchange is unlikely to have any impact on whether or not an indictment is sought and obtained, you should answer questions in court truthfully. You have a right to receive a copy of your indictment and 24 hours to respond after receiving it.

1 Answer | Asked in Criminal Law for Ohio on
Q: If I end up firing my lawyer after the final pretrial, will it be too late for a new lawyer to file a motion to dismiss?
Matthew Williams
Matthew Williams answered on Jan 1, 2022

You can file anything you want. But if you’ve made it to a final pretrial, it seems unlikely a motion to dismiss is going to be successful.

1 Answer | Asked in Domestic Violence for Ohio on
Q: Victim domestic violence case. My attacker hired a former attorney of mine is there anything I can do about that
Matthew Williams
Matthew Williams answered on Dec 21, 2021

You can let the prosecutor know and he or she may feel there is a conflict of interest depending upon the nature of the prior representation.

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: What does section 124.31 mean for Ohio employee?
Matthew Williams
Matthew Williams answered on Dec 20, 2021

It means the civil service should promote from within, rather than hiring new people into higher level jobs, whenever possible. But the language is pretty loose, so I wouldn't say it creates any kind of absolute right of a lower level employee to be considered to the exclusion of a... Read more »

1 Answer | Asked in Child Support for Ohio on
Q: Can south carolina dmv suspend an out of state cdl for being behind on child support?
Matthew Williams
Matthew Williams answered on Dec 18, 2021

Not exactly. They may have a reciprocal agreement with your state of licensure though in which they agree to honor each other’s suspensions. This is fairly common practice.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Can a transfer of a mortgage free deed contain stipulations to the grantee?

Our mom passed a year ago and had no creditors to pay. Her home is paid off and we (6 children) are deciding to quit claim deed the house over to only one of her children. Is there a type of deed that will guarantee that the property can be reclaimed by the remaining 5 if the 1 grantee defaults in... Read more »

Matthew Williams
Matthew Williams answered on Dec 18, 2021

You all need to sit down with a lawyer. If you quit claim you are giving up all rights and responsibilities. You won’t be able to restrict anything.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: My girlfriend cant own a pet due to legal action. I can. If we move in together can the pet be taken from me?
Matthew Williams
Matthew Williams answered on Dec 18, 2021

Possibly. More facts are needed but it certainly a risk if she is restricted not just from owning but from cohabitating as well.

1 Answer | Asked in Civil Litigation, Real Estate Law and Probate for Ohio on
Q: Dear Sir, I wish to buy my partner shares.

Dear Sir, I wish to buy my partner shares. he passed long years ago, the shares are still in this name, what is the easier solution to buy those shares from his grandchildren’s.

Matthew Williams
Matthew Williams answered on Dec 18, 2021

If they own them. The first thing to do is sit down with a lawyer and figure out who owns the shares based on your partnership agreement and his will and/or the probate of the estate.

1 Answer | Asked in Criminal Law and Animal / Dog Law for Ohio on
Q: Ohio felon owns a Husky. Released from incarceration and 3 years later from probation. For OH law what date is use?

Probation release October 2021

Prison release November 2018

Charge is child endangerment related to child abuse.

What release date is used to start the 3 year count in order to own a dog?

Matthew Williams
Matthew Williams answered on Dec 18, 2021

You learn something new every day. The three years starts running the day of your release, if you were incarcerated. Note that the chipping requirement has no end date. You’ll have to microchip any unspayed/neutered dog over 12 weeks old, or any dangerous dog as defined in Chapter 955. Also note,... Read more »

1 Answer | Asked in Sexual Harassment for Ohio on
Q: How would someone get an Unlawful Sexual Conduct with a Minor - sexual motivation charge with a minor under 13

When googling the definition of Unlawful Sexual Conduct with a Minor, all definitions state the minor must be above the age of 13 and under the age of 16, if that is true how would someone get a Unlawful Sexual Conduct with a Minor - Sexual Motivation charge with an eleven year old?

Matthew Williams
Matthew Williams answered on Dec 13, 2021

One would not. If the child is under 13, it is a rape not unlawful sexual conduct.

1 Answer | Asked in Criminal Law for Ohio on
Q: What are my rights in a criminal procedure in Ohio

I was a passenger in the vehicle I'm not on probation no one else was on probation in the vehicle!? When the driver was ticketed she got she got two tickets and they had two different addresses the kind of car we were stopped in was wrong the tag number was wrong and the officer that stopped... Read more »

Matthew Williams
Matthew Williams answered on Dec 10, 2021

It does not sound like you were charged with any offense. If that is the case, you have no rights in the case.

1 Answer | Asked in Domestic Violence for Ohio on
Q: How can l find a pro bundle lawyer for a domestic violence case
Matthew Williams
Matthew Williams answered on Dec 10, 2021

If you cannot afford an attorney, you can ask the court to appoint one. Happens all the time.

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