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Ohio Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law and Criminal Law for Ohio on
Q: Hey so if I took a 48 dollar hat from sacks. And I was caught by the store and gave info to police. could I be charged?

Also let’s say a percent was there with me at the time and had no clue. But sacks stated that it would be up to beachwood if I was to get prosecuted. I made it out the store with nothing. They got the hat back but it was a petty theft dropping the hat in my bag. So the main 2 question for you is,... View More

James L. Arrasmith
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answered on Nov 9, 2023

If you were caught by the store for taking a hat and the police were involved, it is possible that you could be charged with theft. In Ohio, taking merchandise from a store without paying can be classified as petty theft, which is often a misdemeanor if the value is under $1,000. The fact that the... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Ohio on
Q: Can I get a judge disqualified from a bulglary case if he was my judge in past and threatened me to take plea bargain

He was my judge in past and threatened me he would need a calculator to add up my sentence if I went to jury trial and lost

James L. Arrasmith
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answered on Nov 5, 2023

If you feel that a judge's prior conduct or statements demonstrate a possible bias or lack of impartiality in your current case, you have the option to file a motion for recusal. The motion should detail the specific incidents or comments that you believe indicate bias. It's important to... View More

2 Answers | Asked in Civil Litigation, Civil Rights, Constitutional Law and Legal Malpractice for Ohio on
Q: What happens after a violation of procedural due process? What options are available?
James L. Arrasmith
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answered on Nov 5, 2023

After a violation of procedural due process, you have the right to challenge the validity of the proceedings that denied you such due process. Options may include filing an appeal if within the appropriate time frame or seeking to overturn a decision through various post-judgment motions.... View More

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1 Answer | Asked in Constitutional Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Ohio on
Q: What kind of attorney do I need to file a civil and constructional rights lawsuit? For not getting a fair Jury trial.
John Michael Frick
John Michael Frick
answered on Aug 24, 2023

First and foremost, you need an appellate attorney to successfully overturn the jury verdict on appeal on a specific ground that shows a lack of fairness in your trial. Unless and until you accomplish this, you have no viable civil claim.

Assuming your appellate attorney succeeds, you need...
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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for Ohio on
Q: Are there any cases that cite about Parent alienation Syndrome or Malicious Parent Syndrome?

I have a loved one that was wrongfully convicted and his ex has his children not wanting to talk with him and I as a best friend no law experience but trying to get this overturned and him reunited with his children.

Raquel Ann Parish
Raquel Ann Parish
answered on Aug 11, 2023

Parent alienation Syndrome and Malicious Parent Syndrome are not recognized by the American Psychiatric Association as actual "Syndrome". A Divorce or Custody case in Ohio based solely on the issues of alienation and malicious parent fails to take into the consideration the best interest... View More

1 Answer | Asked in Appeals / Appellate Law, Family Law, Child Custody and Constitutional Law for Ohio on
Q: Can you think of a case that has won when the appellate files an appeal with the Supreme Court from the court of appeals

Juvenile court judgement to terminate parental rights and grant custody to agency. Appellate files appeal with the district court of appeals. Appeals court agreed with juvenile court. Appellate then files appeal with Supreme court. Has any case ever won at that point, if so I need a case number to... View More

Matthew Williams
Matthew Williams
answered on Apr 25, 2023

Something as broad as any case the appellant has won at the Supreme Court is unlikely to help you too much but here are two from a quick search of the Supreme Court's website: In re R.K., 152 Ohio St.3d 316, 2018-Ohio-23 and In re C.F., 113 Ohio St.3d 73, 2007-Ohio-1104. Yes, the Supreme Court... View More

1 Answer | Asked in Constitutional Law, Federal Crimes, Land Use & Zoning and Municipal Law for Ohio on
Q: While driving on a public road, THROUGH a school zone, is is illegal to have a loaded firearm on your person in Ohio?

With the passing of Ohio's Constitutional Carry law, as of July 13, 2022 Ohio citizens without a CCW permit can legally carry a loaded firearm on their person while in their vehicle, but not in a school zone. If you live near or drive through a school zone on a public road (where you must slow... View More

James L. Arrasmith
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answered on Mar 2, 2023

Ohio law prohibits carrying a firearm in a school safety zone, which includes the area within 1,000 feet of the school grounds. This applies to both open and concealed carry, regardless of whether you have a CCW permit or not.

Therefore, if you are driving through a school safety zone, you...
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1 Answer | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Legal Malpractice for Ohio on
Q: Can I get a judges decision overturned & compensated for loss of wages, loss of everything we ever owned & owe for

My family has been stripped & had everything I've accrued in my life,my garage,car,tools,my kids CLOTHES,Pics of deceased mom,even our pet!

I caught a county commissioner employee stealing. After a long 6mnth harassment. We had a day in court but the judge decided we owed $2000... View More

James L. Arrasmith
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answered on Mar 2, 2023

I'm sorry to hear about your situation. It sounds like a difficult and unjust experience. To answer your question, it may be possible to appeal a judge's decision and seek compensation for losses, but it would depend on the specific circumstances of your case and the applicable laws in... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Legal Malpractice for Ohio on
Q: How to find a attorney that will file suit against the county for Prosecutorial misconduct false arrest and imprisonment

Warren county Ohio, and I have a plethora of additional information/ criminal actions

John Michael Frick
John Michael Frick
answered on Sep 4, 2023

Because such claims are rarely successful and very expensive to pursue, your best strategy is to offer a significantly higher hourly fee backed up by a six figure retainer to persuade a competent and experienced attorney to take such a case.

1 Answer | Asked in Consumer Law, Real Estate Law, Constitutional Law and Federal Crimes for Ohio on
Q: Does a trailer park have to fix a broken mailbox? Right now all of our mail is being held at the post office.

The mail boxes old and the lock system is now broken so the mail carriers can not open it to deliver our mail. It has been 3 weeks! Does the owners of the park have to fix this and how long do they have?

Todd B. Kotler
Todd B. Kotler
answered on Jun 3, 2023

This would depend entirely on your agreement with trailer park. Trailer parks so not fall under the landlord tenant act unless you are renting the trailer rather than just the lot.

1 Answer | Asked in Civil Rights and Constitutional Law for Ohio on
Q: police said they was not searching my property until 1130 I have radio transmissions proving they lied can I do anything

I have radio transcripts of the whole night every officer using radio to call in items to check if the items was stolen before they had a warrant and stated under oath they was not searching until 1130pm call logs was before that

Matthew Williams
Matthew Williams
answered on Jun 28, 2022

You can share this information with your lawyer who may be able to use it to file a motion to suppress evidence and/or leverage a better deal.

1 Answer | Asked in Constitutional Law for Ohio on
Q: Interpretation of Vernonia School District v. Acton and BOE vs Earls with school drug testing.

Is it legal for a Middle School student to be random drug tested?

The Ohio school in my case is requiring students at random to do urine drug tests with out parent approval. The school believes this is legal as the student participated in a sport but I do not believe so. The student... View More

Matthew Williams
Matthew Williams
answered on Apr 4, 2022

Both cases upheld testing requirements. So they don’t really help your position. But it sounds like the circumstance is different as your case doesn’t involve a student currently participating or about to participate in extracurricular activities, a specific issue which has not, to my... View More

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... View 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 Civil Rights and Constitutional Law for Ohio on
Q: What rights in ohio do I have if I caught my 11 year old son molesting my 1 yr old son. I called police they wont arrest
Matthew Williams
Matthew Williams
answered on Jun 7, 2021

You could always contact the local prosecutor directly. They may have the same misgivings as the police though.

1 Answer | Asked in Civil Litigation, Criminal Law, Education Law and Constitutional Law for Ohio on
Q: Could you give me a definition on the Ohio law revised code 2967.01 3/22/19 the definition of convict paragraph?

It's in the definition says unless the convict has served the president's sentence or prison terms or is pardoned or completed the community sanction program? So if I'm understanding that correctly the unless means that once you are finished so all privileges should be restored... View More

Matthew Williams
Matthew Williams
answered on May 19, 2021

The definition of convict in R.C. 2967 is any person convicted of an Ohio felony whether or not they went to prison but not including people who were pardoned or have finished serving their sentence. In other words, convict means any person either in prison for a felony, in jail for a felony, or... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Ohio on
Q: Is this an unlawful arrest? There was a search warrant for an address and description of the property no people named

The cops pulled over a vehicle that had no ties to us or the address on search warrant, detained us, then brought us to the address and had us cuffed in back of police cruisers while they ran into search the house of the address then charged us with possession and trafficking from substances found... View More

Matthew Williams
Matthew Williams
answered on Mar 29, 2021

You leaving out some key information. Like, for example, who the house belongs to? Was there any reason to stop the vehicle in question? At the end of the day, you need to get an attorney to look at the situation. It sounds fishy, but there's information missing.

1 Answer | Asked in Constitutional Law for Ohio on
Q: Can YouTube turn off comments on the white house YouTube page? I believe that it violates our first amendment rights.
Matthew Williams
Matthew Williams
answered on Jan 22, 2021

Yes. The First Amendment bars the government, not private companies, from infringing on speech rights. It has no application.

1 Answer | Asked in Employment Law and Constitutional Law for Ohio on
Q: Can a private company mandate the new covid vaccine without full FDA approval?

company is threatening to fire employees if they do not get the new covid vaccinations

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 20, 2021

Generally, the answer to this question is yes. Employers can require their employees to received COVID-19 vaccinations. However, if you have a medical condition that renders you unable to receive the vaccine, or you have a religious objection to receiving the vaccine, you may be entitled to an... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Real Estate Law and Small Claims for Ohio on
Q: Im renting in ohio. An i allowed to deny a house showing if the realtor doesn't give me a 24 hr notice?

I'm technically in Lorain County. My landlord is cool but the realtor is now getting angry with my bf and I cause we were out of town for a showing that he failed to give a 24hr notice for. He's done it multiple times now and we have pets. What drew the line for him is when we refuse to... View More

Joseph Jaap
Joseph Jaap
answered on Sep 18, 2020

The realtor has no legal rights and cannot require you to do anything. You don't even have to talk to him if you don't want to. You certainly don't have to leave the key in the box. Ohio law requires a landlord to give reasonable (24 hour) notice of having someone come in for an... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Land Use & Zoning for Ohio on
Q: If the landlord allowed me to put 15,000$ of work into his house and Now he trying to evict me, can I sue for that mone

I been living in this home for 16 years and i finally decided to ask him can I put some work into the home and it costs me 15,000 and it made the value of the home go up, he can now charge $800 instead of 200$ in rent, So he wants to evict me out of the house, can I sue for that money out of that... View More

Taylor P Waters
Taylor P Waters
answered on Sep 5, 2020

You may have a case for unjust enrichment, contact an attorney to discuss how to file the claim and what you need to allergies

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