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Questions Answered by Matthew Williams
1 Answer | Asked in Estate Planning and Business Law for Ohio on
Q: In Ohio, if a spouse (who became an LLC member before marriage) dies, does the surviving spouse automatically...

Become the assignee of the deceased member's portion of interest in the company? Or can the LLC's operating agreement keep them from receiving any of the profits generated yearly by the LLC until dissolution of the company?

Matthew Williams
Matthew Williams
answered on Mar 11, 2023

One spouse may certainly inherit the other’s interest in the LLC or part of it. It’s not exactly automatic. Exactly what depends on the total estate, other heirs, and terms of any will, prenuptial agreement, or other contracts. Inheriting is not exactly the same as being an assignee but the... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: Can or should my case be plead down to a civil suit? And should I be on probation even though I was never arrested?

am a contractor that received payment for a job after contract signing. I have done several jobs for these homeowners in the past. I delivered some of my tools and equipment to complete the job. I was unable to complete their job due to spending the startup money on other projects and planned on... Read more »

Matthew Williams
Matthew Williams
answered on Mar 11, 2023

It’s been indicted, they aren’t just going to drop it in favor of a civil suit. You’re facing criminal charges with criminal penalties. Probation is certainly possible. It will help a lot if you can pay back the money and it may be your path to avoiding conviction on the criminal charge. You... Read more »

1 Answer | Asked in Civil Rights for Ohio on
Q: Im a pro se claimant with the district court. I filed an initial complaint over civil rights violations a 1983.

I received an R and R of dismissal. I filed an objection. Then filed a motion to amend and amended complaint. What would be the reason the court failed to respond by the dealine to respond....

Matthew Williams
Matthew Williams
answered on Mar 11, 2023

The court does not have to respond. Whomever you sued does. There could a lot of reasons they didn’t. Do you have service on all the defendants?

1 Answer | Asked in Cannabis & Marijuana Law for Ohio on
Q: My son recently got pulled over he has his medical Marijuana card but cop charged him with possession and paraphernalia?

Can they charge him?

Matthew Williams
Matthew Williams
answered on Feb 9, 2023

The medical marijuana laws are quite specific and there are forms of marijuana, items of paraphernalia, and methods of consumption that remain illegal even for those with a card. You should hire an attorney to look into the specifics of your son's case.

1 Answer | Asked in Domestic Violence for Ohio on
Q: if I have been subpeoned on a domestic as a witness.do I have to testify against my husband
Matthew Williams
Matthew Williams
answered on Jan 31, 2023

If you are properly served with a subpoena you must come to court and testify. Marital and spousal privileges protect communications, not actions.

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: My sons and I name pops up whenever our name is searched on google. This case is over 10 plus years old. And would remov

I would like this case removed expeditiously. As I feel it violates my son and I privacy and protection.

Matthew Williams
Matthew Williams
answered on Jan 24, 2023

Depending on what type of case it is, there may be avenues to seal the official records. But that doesn't mean that news reports or entries on websites like mugshots.com will disappear. Talk with a lawyer privately.

1 Answer | Asked in Criminal Law for Ohio on
Q: A 20 year old steals billions by hacking into a companies website. What’s the punishment? Can he keep the money?

Assume theft charges have been filed (I don’t know how guy would’ve been caught otherwise). And when I say can he keep the money I mean to use after he serves his time. Can he refuse to return the money?

Matthew Williams
Matthew Williams
answered on Jan 24, 2023

A cyber criminal who steals billions and gets caught is facing decades in prison on both a state and federal level. He or she needs to hire an attorney ASAP. As for the money, they will do everything they can to get it back. It will be ordered as restitution, if he is convicted. The government will... Read more »

1 Answer | Asked in Civil Rights for Ohio on
Q: If someone falls a false police report on you can they turn around and do it again in the same county

I was charged with a domestic that I did not do can that be overturned in the state of Tennessee and can she file another report of the same kind of incident in the same county

Matthew Williams
Matthew Williams
answered on Jan 24, 2023

Yes, of course she can. While it is frustrating to be the subject of false reports, the police are not going to assume one report is false just because a previous one was. After all, doing so would be tantamount to concluding that a person who lied in one report couldn't possibly be the victim... Read more »

1 Answer | Asked in Immigration Law and Cannabis & Marijuana Law for Ohio on
Q: After missing interview,does clock restart after approval to reschedule interview or after you attend Interview
Matthew Williams
Matthew Williams
answered on Jan 24, 2023

Your question does not contain enough information to provide you an answer. It appears you have a question about timing requirements when you miss an interview with USCIS. You should contact a local immigration attorney ASAP, if you missed an interview.

2 Answers | Asked in Criminal Law for Ohio on
Q: Hello, I had a case in Ohio back in 2014 for child endangerment. I took a plea deal and the charge was reduced to disord

Disorderly conduct. I now have a new case in Texas for Injury to child that I'm taking to trial. The prosecutor wants to bring up my old original charge, can he do that?

Matthew Williams
Matthew Williams
answered on Jan 24, 2023

You need to talk to a lawyer in Texas. The rules vary from state to state but the prosecutor may well seek to introduce such evidence as evidence of prior bad acts even if you do not testify and even though the offense is neither recent or serious as convicted. It's evidence rule 404b in Ohio... Read more »

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1 Answer | Asked in Civil Litigation, Education Law and Elder Law for Ohio on
Q: ORC 4117.103 -volunteer at public schools When can a qualified volunteer be turned back by principal?

be turned away directly from the principle?

Arriving at my granddaughter’s elementary school for an approved PTO volunteering event at the requested time, Right away I was met with resistance. She began using her phone. She inquired to several ladies standing close by a loc of someone.... Read more »

Matthew Williams
Matthew Williams
answered on Jan 20, 2023

The law does not require the schools to allow any particular person to volunteer and there are literally hundreds of reasons from the mundane (we have enough help) to the quite serious (this individual set fire to the building last time they were here) that someone might be turned away.

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Ohio on
Q: I am trying to sue the county prosecutor office. I was told to amend my complaint? How do I amend my complaint?

Who do I list as the defendant? If the county Departm is who I going after

Matthew Williams
Matthew Williams
answered on Jan 20, 2023

You amend a complaint by filing a new document titled Amended Complaint with the changes you are making. If suing the prosecutor, one would generally sue the elected individual in their representative capacity, and if alleging malicious wrongdoing, in their personal capacity as well, along with any... Read more »

2 Answers | Asked in Domestic Violence for Ohio on
Q: domestic case where i lied about being a whitness.why are they still trying to charge me if defendant dropped case

I was a part of a domestic case where I stated to police that I witnessed said act happen. I did not and later told cops I lied. Defendant dropped domestic case but they still trying to charge me with criminal charges for filing a false report. Can they still charge me even tho case has been... Read more »

Matthew Williams
Matthew Williams
answered on Jan 18, 2023

Yes they can. Falsification is a separate crime completely apart from whatever else may or may not have happened. If anything the DV being dropped hurts you because it tends to suggest you did in fact lie. You should get an attorney.

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1 Answer | Asked in Traffic Tickets for Ohio on
Q: License suspended ticket should I pay reinstatement fees and before or after I go to court

Was not informed my license was suspended

Matthew Williams
Matthew Williams
answered on Jan 17, 2023

If you can obtain a valid driver's license and insurance before court, it will go a long way to making it easy to resolve the case.

2 Answers | Asked in Criminal Law for Ohio on
Q: Can Ohio charge me with possession felony 5 for a baggie that was more on my side of the car than the drive in a car not
Matthew Williams
Matthew Williams
answered on Jan 17, 2023

It is common practice to charge everyone in a car with any drugs found loose in the car as opposed to in someone's pursue or pockets.

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1 Answer | Asked in Civil Rights and Libel & Slander for Ohio on
Q: Can you Sue an app for violation of your first amendment for banning you from commenting on their app

If I made a truthful statement with no profanity and/or offensive language towards anyone

Matthew Williams
Matthew Williams
answered on Jan 16, 2023

No. The First Amendment protects you from government interference, not private parties. Apps, employers, and other private organizations and companies are free to allow access to only those who adhere to polices regulating speech.

1 Answer | Asked in Workers' Compensation for Ohio on
Q: I tore my rotator cuff at work on 05/29/2022, WC was denied, should I have representation for my third hearing?

my first hearing ruled in my favor, however the second one ruled against me on the grounds of my age and some deterioration after years of working. I had no problem with my shoulder until that day. When it first happened I thought it was a simple strain and finished my shift. I iced it as often... Read more »

Matthew Williams
Matthew Williams
answered on Jan 16, 2023

Yes, you should have a lawyer handle this.

1 Answer | Asked in Criminal Law for Ohio on
Q: If one does not go voluntarily to court does it deprive the court of personal jurisdiction ??

Since jurisdiction is separated in two categories being subject matter and personal a court must have both to adjudicate the case and personal jurisdiction is given when you go voluntarily to court if you do not go voluntarily the court does that deprive the court of personal jurisdiction therefore... Read more »

Matthew Williams
Matthew Williams
answered on Jan 13, 2023

No.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: In the State of Ohio are you able to sue a tenant that is self-employed for unpaid rent?
Matthew Williams
Matthew Williams
answered on Jan 13, 2023

Yes, you can sue any tenant for unpaid rent. What they do for a living is not relevant from a legal standpoint though it may be highly relevant to whether or not you can expect to get a judgment paid.

2 Answers | Asked in Criminal Law for Ohio on
Q: I was charged with an F5drug possession, before indictment came back I did a year rehab, completed it, got a job, car

Got my license, got married been clean 2 years, do I need to hire a lawyer to get this taken care of or is it something I can do myself

Matthew Williams
Matthew Williams
answered on Jan 13, 2023

You should protect yourself here by hiring an attorney. You've made too much progress to jeopardize it now by trying DIY your felony charge.

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