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Questions Answered by Andrew Popp
2 Answers | Asked in Criminal Law for Ohio on
Q: The officer would not take my wife's statement of what she witnessed because she is my spouse. Is the officer correct?

I received a citation for simple assault in Ohio

Andrew Popp
Andrew Popp
answered on Oct 14, 2021

How an investigation proceeds is to a certain extent up to the discretion of the investigating officer. While there can certainly be arguments about partiality, if your wife witnessed the incident then she may be called upon to testify later. (Either as a defense or prosecution's witness).... Read more »

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1 Answer | Asked in Contracts for Ohio on
Q: What kind of lawyer do I need to help break a lease?

Covid related. Mother was in hospital. Doctors requiring first floor instead of third floor apartment.

Andrew Popp
Andrew Popp
answered on Oct 14, 2021

You need to speak with an attorney who practices landlord/tenant law.

Best of luck.

1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Ohio on
Q: Can I fight a DUI when I passed the breathalyzer but failed a blood test for marijuana?

I'm a resident of Ohio but was texting while driving in West Virginia which caused me to swerve and cross left of center. I explained this to the officer but he insisted I was intoxicated. I asked to take the breathalyzer several times but was refused. I also explained that due to previous... Read more »

Andrew Popp
Andrew Popp
answered on Oct 12, 2021

If the offense occurred in WV, then you need a WV attorney. Whether or not you have any legal defenses is a complex question and requires a detailed analysis of the entirety of the situation. In short, you need to find a way to obtain an attorney. Maybe readdress your financial situation with... Read more »

1 Answer | Asked in Real Estate Law and Elder Law for Ohio on
Q: If I go 50/50 on a house with my parents and they pay the mortgage to me as rent, could Medicaid put a lien on it?

My parents are in their 70s and my father isn't in the best health.

Andrew Popp
Andrew Popp
answered on Oct 12, 2021

You're walking a fine line here. Ohio Medicaid presumes that transfers to family members are "improper" under the Medicaid rules. The burden is on you to prove otherwise.

Issue 1: Could Medicaid put a lien on the house? - It depends on how title to the home is held. If...
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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Ohio on
Q: Does SSI have to be paid back after death?

My grandfather died in june leaving his assets in trust to his son and daughter equally. His son (my dad) died before receiving his half of assets. My dad was on Supplemental Security Income at time of death and for last 10 years. The family says his half of the assets will pass into his estate to... Read more »

Andrew Popp
Andrew Popp
answered on Oct 8, 2021

SSI works differently than the Medicaid program. While the federal government has mandated that state Medicaid programs are to seek reimbursement from the estate of a deceased under certain circumstances, it does not extend to SSI benefits. That being said, if an overpayment was made by SSI to... Read more »

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2 Answers | Asked in Landlord - Tenant for Ohio on
Q: Can a landlord evict you so he can move in?
Andrew Popp
Andrew Popp
answered on Oct 8, 2021

Look to the terms of your lease agreement. As long as he complies with his legal obligations then it doesn't matter what his subsequent plans for the property are. The landlord is the owner and can do what he wants with the property.

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: What all do I need in order to be names as administrator if my father's estate if there wasn't a last will and testamen.

He didn't own his home and his vehicle when back to the finance company. He did have a life insurance policies I'm sure but how do I track them down.

Andrew Popp
Andrew Popp
answered on Oct 6, 2021

You need to open up a probate estate in order to be appointed the administrator of your father's estate. This will need to be done in the county where your father lived when he passed away. Each county has local rules and forms that are needed in doing this.

If you are trying to...
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1 Answer | Asked in Health Care Law for Ohio on
Q: Can I sue a Dr for telling me I'm a burden and that I have too many issues?

I went to my Dr to get med refills and hoping for lab work due to not feeling well,long story short. My Dr got upset cause I hadn't seen him in a while and after he went through meds to refill I was telling him of issues at hand I was having and he rudely stopped me from what I was saying to... Read more »

Andrew Popp
Andrew Popp
answered on Oct 6, 2021

"Can I sue a Dr for telling me I'm a burden and that I have too many issues?" - No, that does not support a lawsuit.

You can sit down with a medical malpractice attorney to review his care and treatment and see if he was negligent. If you failed to abide by his orders and...
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1 Answer | Asked in Real Estate Law, Tax Law, Civil Rights and Constitutional Law for Ohio on
Q: Wtf does this mean

So I quit claim deed was given to me 7 years ago and I've been going through a divorce for almost that amount of time and it was just finalized a week ago Thursday and I went to file and paid the convenience fees and the recording fees but something wasn't on the deed a number I... Read more »

Andrew Popp
Andrew Popp
answered on Oct 4, 2021

You need to sit down with an attorney in your area so he or she can take a detailed look at your situation. This issue is going to be to involved for an answer on this forum.

1 Answer | Asked in Criminal Law for Ohio on
Q: Are people getting sent to prison during COVID for violating their felony probation?

I have a friend who is currently in jail facing new felonies. He left state while he is on probation. He has two felony 4s and two felony 5s that he is on probation for. He is facing 2 felony 4 on the new charge.

Andrew Popp
Andrew Popp
answered on Oct 4, 2021

Yes, that is still happening.

1 Answer | Asked in Consumer Law and Health Care Law for Ohio on
Q: My husband has Stage 4 prostate cancer, and we have several credit cards. We can’t afford to pay them.

Avoid bankruptcy - many medical expenses - Would you know what would happen if we just wrote a letter explaining our situation?

Andrew Popp
Andrew Popp
answered on Oct 4, 2021

You may not be able to avoid bankruptcy, that's what it's there for. You can contact the credit card companies to see if they would be willing to work with you. Otherwise, a debt consolidation service may also be of assistance.

Best of luck.

1 Answer | Asked in Civil Litigation and Civil Rights for Ohio on
Q: My daughter is 19 years old ran away in the middle of the night how can I get her back?
Andrew Popp
Andrew Popp
answered on Oct 4, 2021

Unless she is under a Guardianship/mental disability, you can't. When a person turns 18 the parent has no legal right to require their return. I suggest reaching out and trying to improve the relationship if you want to see her again.

2 Answers | Asked in Criminal Law for Ohio on
Q: Is there a trusted website that I can use to review State of Arkansas criminal cases?
Andrew Popp
Andrew Popp
answered on Sep 28, 2021

What do you mean by trusted? If you are performing case law research, this is complex task even for many attorneys. One of the main things to be cognizant of is that laws change, and legal precedent gets overruled all the time. Law libraries can give you a starting point, but their materials are... Read more »

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2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: Does the opposing attorney have to disclose evidence against me?

I am representing myself in 2 custody cases but i dont know what i need to be defending myself against. As i am my own attorney, doesnt their attorney have to disclose whatever evidence they have against me so I am able to build a proper defense?? Please help me!!

Andrew Popp
Andrew Popp
answered on Sep 27, 2021

The question is more complex than you think. If you are trying to avoid hiring an attorney you will need to review the Ohio Rules of Civil Procedure, and Ohio Rules of Evidence. (links below) You can also go into your local law library to review legal treatises on the topic.

Best of luck....
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1 Answer | Asked in Family Law for Ohio on
Q: Does birth mom need permission from father?

I have a friend wanting to sign her baby over to my wife and I. Father doesn’t want to be involved with the baby and he has another child with her that he’s not involved with either. They aren’t together currently and have never been married. She’s scared of him because he has damaged her... Read more »

Andrew Popp
Andrew Popp
answered on Sep 27, 2021

The analysis is too complex for this forum. You need to sit down with a family law attorney in your area to discuss the entirety of the situation in detail.

Best of luck.

1 Answer | Asked in DUI / DWI for Ohio on
Q: no ticket was issued, we told the cops the truth about there being some roaches in the car, should I tell my po?

The cops pulled me over for my headlights not being on one night. We told them about weed in the car.. After the cops took the weed they didnt issue was any tickets, should I tell my po that we got pulled over by the cops and tell him the truth?

Andrew Popp
Andrew Popp
answered on Sep 27, 2021

Tough to say without the full picture. It's common for police to seize the contraband but wait until the lab results come back to formally file charges. Keep in mind that you have the right to remain silent.

Best of luck.

1 Answer | Asked in Family Law for Ohio on
Q: My 16 year old male grandson refuses to go back to live with his single mother. The boyfriend is threatening
Andrew Popp
Andrew Popp
answered on Sep 27, 2021

Your question seems to have been cut off. If he is a minor and there are delinquency issues, then contact law enforcement.

1 Answer | Asked in Education Law and Traffic Tickets for Ohio on
Q: a school bus stops with its flashing lights on at an intersection on my right , can i turn left away from the bus?
Andrew Popp
Andrew Popp
answered on Sep 24, 2021

The answer depends on additional details. Section 4511.75 of the Ohio Revised Code spells out your obligations. (link below)

https://codes.ohio.gov/ohio-revised-code/section-4511.75

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Neighbors dog keeps coming on my property pooping and tearing out our trash it has came at my wife and daughter and dog

What are my rights if this dog continues to come here and do this, we’ve called the warden already and spoke to the neighbor she refuses to tie up dog when it’s let out of her house and is requesting us to call her to clean up the mess and I am not okay with this I don’t want to do with it at... Read more »

Andrew Popp
Andrew Popp
answered on Sep 23, 2021

I would keep after law enforcement, or if all else fails hire a lawyer. I show the Mansfield Ordinance 505.03 (Link below) lays out criminal charges for failing to control a dangerous dog. The owner could also face civil penalties if the dog does harm someone. Hopefully it never gets to that... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: Case law where denying police from taking evidence photos via access by an easement of specific driveway purpose only?

Claiming to visit neighbor who has easement for driveway purposes, they went down my driveway behind house and photographed unlicensed vehicles on my property only visible from the easement. Can it be used as evidence? Thank you

Andrew Popp
Andrew Popp
answered on Sep 23, 2021

A more detailed analysis of the situation is necessary to answer your question. There are a few sites you can visit to do some of your own case law research for free. (Links Below) Alternatively, you can visit your local law library to conduct research. Best of luck.... Read more »

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