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Ohio Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Ohio on
Q: why am i receiving a letter from office of the clerk united states district court southern district of ohio?
Andrew Popp
Andrew Popp answered on Jul 26, 2021

The letter should tell you. If you're unclear, bring it to an attorney for review. All I can say is, don't bury your head in the sand. Official correspondence from a Court should not be avoided or ignored. Failing to act usually only makes matters worse.

1 Answer | Asked in Criminal Law and Health Care Law for Ohio on
Q: I got arrested in Puerto Rico on vacation and I don’t remember anything awls I know is I woke up in the hospital bed

I Was never told I was being charged with anything or in trouble

Andrew Popp
Andrew Popp answered on Jul 26, 2021

No question is asked here. If you have a general legal question feel free to post. For a definitive answer about your particular situation and advise on options available to you, a full consultation with an attorney would be needed.

Best of luck.

1 Answer | Asked in Criminal Law for Ohio on
Q: I am looking at 70 to 80 month for weapons other disability well I get a lot less time if I take a plea
Matthew Williams
Matthew Williams answered on Jul 20, 2021

You need to speak with a lawyer familiar with your case about that. If you plead and the guideline range is 70-80 months after acceptance of responsibility, you will almost certainly get a sentence within that range. If that is the range before accounting for acceptance of responsibility you may... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: Weapons under disability I did not receive my preliminary hearing was in the 21 days

It went from city court then all the sudden the feds picked it up even though I already bailed out and had an ankle monitor on

Matthew Williams
Matthew Williams answered on Jul 20, 2021

Federal charges are an entirely separate, a much more serious, issue in these cases as you face a lot more time from the federal government than you would from the state. You need to hire an attorney.

1 Answer | Asked in Domestic Violence, Criminal Law and Immigration Law for Ohio on
Q: Hello Justia. Can I become a naturalized US citizen in the future despite having a misdeamenor for domestic battery.

I was charged with domestic battery in July 2020 which I pleaded guilty to. I was given a 1 year probation. What are my chances of becoming a US citizen in the Future. Thanks

Matthew Williams
Matthew Williams answered on Jul 18, 2021

Without professional help, very little. You need to talk to a lawyer.

1 Answer | Asked in Criminal Law for Ohio on
Q: My boyfriend got arrested and this is one of his charges unlawful trans. 672.09-1 what does that mean

He has drug charges and falsification

William Lehner
William Lehner answered on Jul 5, 2021

Unlawful transaction in weapons.

1 Answer | Asked in Criminal Law for Ohio on
Q: Can a suspension of drivers license be given on a misdemeanor drug instrument case that is over 3 years old.

The person involved was followed into a public restroom and the police officer ordered him out of the stall and proceeded to find a syringe on the floor behind the toilet between the stalls. The party that was arrested had been clean of drugs. The case is over 3 years old and a warrent had been... Read more »

Matthew Williams
Matthew Williams answered on Jul 2, 2021

The judge has the option. We can't tell you what he or she will do, but he or she usually does suspensions, I would expect that to continue.

1 Answer | Asked in Criminal Law for Ohio on
Q: is it illegal for law enforcment to show a dead body to a criminal claiming its there sister when it wasn't?
Matthew Williams
Matthew Williams answered on Jun 30, 2021

The circumstances here are perplexing. Certainly law enforcement does show dead bodies to people all the time in order to identify those bodies, and sometimes they're bound to have it wrong. If they had some reason to believe your sister was the body they could call you down for an ID and you... Read more »

1 Answer | Asked in Criminal Law and Animal / Dog Law for Ohio on
Q: Our bearded dragon was taken from my ex fiance at the hospital and the shelter gave him to me do I have to give him back

She was taken to the hospital the police and hospital took the dragon and placed him in a shelter a few days later they released the bearded dragon to me and I have him registered as my esa can they take him from me or press charges

Andrew Popp
Andrew Popp answered on Jun 29, 2021

If the pet belongs to her, then you need to return it. She paid for it I presume? If you keep property that does not belong to you it is criminal theft and you can serve time in jail. Additionally, she can sue you civilly for monetary damages she incurs because of your actions.

2 Answers | Asked in Criminal Law for Ohio on
Q: Looking for a book that will give, in detail, how to write your own court motions without spending $1000 on it.

The court appointed criminal attorney IS NOT a criminal attorney and she refuses to file motions, deliver discovery, visit her client or even talk to her client so now he's trying to file his own motions in his matter.

Andrew Popp
Andrew Popp answered on Jun 29, 2021

Generally speaking, you can purchase a criminal practice and procedure book online. Some of the used books are cheaper, but they may be out of date. You will want to read through the current rules of criminal procedure to ensure everything you are doing is in compliance with the current law.... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: Hello, have you heard of "federal grants" being applied for on facebook?

Facebook? Require a delivery fee of 2000.00 deposit via bitcoin atm and will give me a grant check, how do I check the validity

Matthew Williams
Matthew Williams answered on Jun 26, 2021

That’s a scam.

1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: Does a conviction under 21 U.S.C. §§ 843(a)(3) and 846 disqualify one from gun ownership?

In Case No. 1:12-CR-043(5) in the Southern District of Ohio, a plea agreement was accepted that in exchange for a guilty plea to the above charge, the Government would take no position on sentencing. An initial sentence of 6 months incarceration was vacated by the Sixth Circuit when the Government... Read more »

Matthew Williams
Matthew Williams answered on Jun 24, 2021

That is a disabling conviction, yes. And under the current state of things, a pardon would be it. There is a law providing for application to the ATF for relief, but congress has never funded processing of such applications.

1 Answer | Asked in Contracts and Criminal Law for Ohio on
Q: I was a plaintiff in a case,I won the case and defendant was ordered to pay 90,000 in damages,how do I get my money?

I was adding an addition to my home,he quit and stole over 35,000,hired another to finish,long story short,went to court,he didn’t show,but I was awarded 90,000 in damages

Joseph Jaap
Joseph Jaap answered on Jun 23, 2021

You can file a judgment lien against his house and property, and then attach or foreclose against those. You'll need an attorney to do that. Contact the attorney who handled your case. Or you could contact a collection agency. Or use use the Find a Lawyer tab to retain an attorney who does... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Litigation and Civil Rights for Ohio on
Q: If you're indicted on a felony 4 ovi, and you don't have enough ovis to have that indictment. What happens to your case?

Its actually 2 in ten years and 3 in 20 years is what the person has. The court is trying to drop it to an unclassified misdemeanor 1 and I don't see how that is even possible considering the indictment was signed by a grand jury for the Felony 4 ovi. You can't just change something... Read more »

Matthew Williams
Matthew Williams answered on Jun 21, 2021

They can and do amend charges all the time. It seems like an odd mistake to make owing to how simple it is to count years and convictions, but the mistake was made and so it has to be corrected. There's no violation of civil rights. The defendant gets a huge benefit here, why would he not want... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Probate for Ohio on
Q: What if I am on probation and condition of my probation is to not drink alcohol and I get in a car accident drunk

Before this I was on probation and broke it for getting a DUI and went to jail for one year then got on probation again this time and for the first time broke it by testing positive for alcohol and then got in the accident the next day in geauga county

Andrew Popp
Andrew Popp answered on Jun 21, 2021

You are subject to the same maximum penalties as you were for the original charge. Every time you violate probation the punishment typically increases. What should you do? Hire an attorney to get you the best possible resolution. Don't expect a miracle with these facts however.

2 Answers | Asked in Criminal Law for Ohio on
Q: Hi, escambia county criminal question

Long story short, sentenced to e yrs probation for 2 counts of cocaine possession. this August will be two years from time of conviction. Really done well in probation, stayed clean, working, etc. Interstate compact to ohio, if that matters. It's looking like here in ohio I might he able to... Read more »

Andrew Popp
Andrew Popp answered on Jun 16, 2021

If you're on probation, then you have already pled to the charges. Unless this was some deal as part of a diversion program that is. If it's actual probation and you pled to the charges, then no, you can't get a dismissal or reduction at this point.

Depending on the terms...
Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: My daughter was jumped by 2 12 year olds and 2 people over 18, can I press charges on all of them?

The girl that’s over 18 spit in my kids face multiple times.

Matthew Williams
Matthew Williams answered on Jun 14, 2021

You can report the matter to the police. Its up to them and the prosecutor to decide whether or not to charge anyone.

1 Answer | Asked in Criminal Law and DUI / DWI for Ohio on
Q: court scheduled a mental health evaluation for "competent to stand trial". problem - we have no transportation.

does the court have to provide transportation?

Matthew Williams
Matthew Williams answered on Jun 10, 2021

The court will only provide transport if the individual is incarcerated or in an inpatient mental health facility by order of the court.

1 Answer | Asked in Criminal Law for Ohio on
Q: What level is my charge? I’m being charged with “improperly handling firearm in a motor vehicle”. Also, I have no priors
Matthew Williams
Matthew Williams answered on Jun 7, 2021

The level of this offense depends upon the circumstances. Usually, it is a felony of the fourth degree. You can read the law here: https://codes.ohio.gov/ohio-revised-code/section-2923.16 You should hire an attorney.

1 Answer | Asked in Criminal Law for Ohio on
Q: When arrested do you have the opportunity to speak with an attorney before arraignment?
Matthew Williams
Matthew Williams answered on May 23, 2021

In theory you have a right to an attorney at all stages of the proceedings, so you could have one before the arraignment. In practice, if you cannot afford an attorney, the arraignment is usually where an attorney gets assigned so there may not be an opportunity to speak to him or her beforehand. A... Read more »

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