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Ohio Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Ohio on
Q: How many days does the court have to bring you to trial on a misdemeanor of the fourth degree
Roger  Bouchard
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Roger Bouchard
answered on Dec 7, 2022

In Ohio, after entering a plea of not guilty, a trial date must be set no later than 30 days. You have the option to waive time and extend this provision.

1 Answer | Asked in Criminal Law for Ohio on
Q: I am worried that someone is trying to set me up by planting evidence on me to get me in trouble due to my past record.

I'm worried they may use past conversations off of a cell phone they stole from me and they have hacked into my other phones as well they have put cameras in my home and been watching me through my TV. My husband has been talking to this woman and she is the one doing this to me and he is... Read more »

Roger  Bouchard
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Roger Bouchard
answered on Nov 30, 2022

You haven’t been charged with anything. My advice to you, if this lady is invading your privacy, is file menacing charges.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for Ohio on
Q: My daughters name was found to be on a students hit list.

Her name was on a students hit list. The school has a zero tolerance policy and only suspended the student for 10 days with a potential expulsion based on a closed door expulsion hearing that we are not allowed to go to. What would be our best avenue for how to handle this legally potentially... Read more »

Joseph Jaap
Joseph Jaap
answered on Nov 17, 2022

Talk to your local county prosecutors office, which might want investigate and will decide whether to pursue a criminal action. Then use the Find a Lawyer tab to retain a local attorney who handles civil litigation cases.

1 Answer | Asked in Criminal Law, Sexual Harassment and Small Claims for Ohio on
Q: In ohio the age of consent law is 16yd, if a 21+yd did anything sexual with the 16yd would it still be legal?

So I'm 23 matched with a girl on a dating app at first she said she was 23 we get off the app talked for a few days over the phone once said she was 16 then other time said she was 17 and 2 sexual was shared well a few hours ago "her father" called on the number we was texting on... Read more »

Matthew Williams
Matthew Williams
answered on Nov 17, 2022

This is most likely a scam aimed at trying to scare you into giving them money. That said, while the age of consent in Ohio is 16, an adult who engages in a sexual relationship with a minor is taking big legal risks. First, any pornographic images of the minor are highly illegal child pornography.... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: A couple of mnths ago my bf was pulled over for "window tint" but then we're told we were talking to a known dealer

I was an addict and had drugs on me which was found due to them being able to search bc of window tint being too dark.. the cop is pushing to charge me with trafficking. I have never been in trouble and they're saying maybe drug court.. but I was told I would have to plead guilty I am lost... Read more »

Matthew Williams
Matthew Williams
answered on Nov 17, 2022

You need to hire an attorney to defend you.

1 Answer | Asked in Criminal Law for Ohio on
Q: With a minor misdemeanor conviction under Ohio RC 2925.11, how do you answer question 7(A) on the CCL Application?

Section 3 of the Ohio Application for License to Carry a Concealed Handgun states:

FOR THE FOLLOWING QUESTIONS 6, 7A, 7B, DO NOT INCLUDE ANY CONVICTION FOR WHICH A COURT HAS ORDERED SEALED OR EXPUNGED OR RELATIVE TO WHICH A COURT HAS GRANTED RELIEF FROM DISABILITY PURSUANT TO ORC 2923.14,... Read more »

Matthew Williams
Matthew Williams
answered on Nov 17, 2022

If it was a minor misdemeanor--a weed ticket--then just as the instructions say, "Do not include any conviction...for a minor misdemeanor."

1 Answer | Asked in Federal Crimes and Criminal Law for Ohio on
Q: If gps is placed in a package where police do a controlled delivery, do they need to get a warrant to use that tracker
Matthew Williams
Matthew Williams
answered on Nov 17, 2022

Warrants are usually obtained in these situations, yes. But whether they are legally required is a fact specific inquiry because only certain people can assert a legitimate privacy interest in a parcel. If you have been charged with an offense, you should hire an attorney to investigate all the... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets, Federal Crimes and Municipal Law for Ohio on
Q: My son had a case which ended up getting dismissed. Now, 2yrs later they have indicted him for it. (F4 handling firearm)

They issued a warrant but told him over the phone he just needs to come to the court to receive the indictment and set a court date and he won't be arrested at that time, is this true or a trick? Also, what should he do concerning going forward with the charge/indictment? The case was closed,... Read more »

Matthew Williams
Matthew Williams
answered on Nov 10, 2022

Your son should hire a local defense attorney and follow his or her advice. The statute of limitations on a felony charge is 6 years so while 2 seems like a long time, it is far from being precluded.

1 Answer | Asked in Criminal Law and Personal Injury for Ohio on
Q: If I don't prosecute my offender can I ask for compensation for my mental and emotional distress?

I live in Cleveland Ohio, I teach at a Middle School, one of my students threatened me (he wrote a hit list with my name and several other students' names with the intent of physically harming us) I filed a police report. Now the detective is asking me if I want to prosecute or not? I will... Read more »

Matthew Williams
Matthew Williams
answered on Nov 10, 2022

You could file a civil lawsuit against him instead of pursuing a criminal case. But if you choose to do so, expect the defense to note that you did not pursue criminal charges and argue that shows it wasn't a big deal.

1 Answer | Asked in Criminal Law for Ohio on
Q: I was falsely accused of DV by my ex, she said I had threatened her. Can I file for false accusations while on probation

She said I had threatened her so I was charged with 4th degree misdemeanor and given probation, fine, and therapy and AA. I wasn't able to complete the therapy due to work, couldn't keep missing work for random drug test and therapy or I would have lost my job. The worst of it all is, I... Read more »

Matthew Williams
Matthew Williams
answered on Nov 10, 2022

It sounds like you plead guilty or no contest, which makes it awfully difficult to turn around and say the allegations were false. Meet with a local attorney to discuss your options for avoiding more consequences as a result failing to complete therapy and take drug tests.

1 Answer | Asked in Criminal Law and Tax Law for Ohio on
Q: I need a lawyer for criminal cases and expungement of felony.
Matthew Williams
Matthew Williams
answered on Nov 4, 2022

You should contact an attorney privately to discuss your situation.

1 Answer | Asked in Criminal Law for Ohio on
Q: Can I be charged with driving with out consent even though I was arrested and let go because mom didn't want to press?

My parents file a sheriffs report in Perry County that I had their car to long. I was pulled over and arrested the next day in Franklin County and upon arrest I was released because my parents ultimately just wanted there car back and didn't want to press charges. Well 4 days later a Perry... Read more »

Matthew Williams
Matthew Williams
answered on Oct 26, 2022

Police are not required to charge you immediately following a situation. There are limitations periods by statute: 6 months to charge a minor misdemeanor, 2 years for a misdemeanor, 6 months for a general felony, etc. As with the situation you described, there are often questions as to whether or... Read more »

1 Answer | Asked in Criminal Law, Family Law, Education Law and Juvenile Law for Ohio on
Q: Daughter turned 18 sept 30th ran away has missed school every day except 3 days school is kicking her out police won't

Help me with her because she's "18" she's not taking any of her depression meds birth control or anything she's doing drugs and drinking every day with this boyfriend 16 yes old police won't help me school is pressuring me I've told them she ran away but they said... Read more »

Joseph Jaap
Joseph Jaap
answered on Oct 25, 2022

At 18, she is considered an independent adult, and she can make her own decisions free from parental control. You could file with the probate court to obtain guardianship of her -- if there is a doctor diagnosis that she might be a danger to herself or for other medical or psychological reasons.... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: Is a warrant needed to put gps in controlled delivery package to watch where the package goes?
Matthew Williams
Matthew Williams
answered on Oct 24, 2022

These cases are fact specific because only certain people can claim a legitimate privacy interest in a package, but anticipatory search warrants are often obtained to place GPS devices into packages that are sent out for controlled delivery.

1 Answer | Asked in Criminal Law for Ohio on
Q: What can be done for a person who has been incarcerated for 30 years in a case with ineffective counsel, over sentencing

Transcripts have been destroyed.

Matthew Williams
Matthew Williams
answered on Oct 24, 2022

Appellate Rule 26(B) allows for the reopening of an appeal based upon a claim of ineffective counsel. A clemency application is another option.

1 Answer | Asked in Criminal Law and Municipal Law for Ohio on
Q: How can I go about getting a local bar shut down due to criminal activity? Multiple shootings happen at this bar.

The bar is in my neighborhood and I am sick of the crime it brings.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Oct 19, 2022

In some limited cases, you can bring a claim for nuisance against the bar and seek to enjoin it from operating. This is typically done by the municipality, sometimes by a community development clinic or other non-profit, and very infrequently done by private individuals.

While you certainly...
Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: I had run out of gas about 1/2 mile from my work. I was able to get the car in an abandoned drive but was barely out on

The road. I walked to work to get gas can and when I returned the police were there. They ran my license and came back suspended(I was unaware). They gave me about 60 seconds and said they were towing it. But I'm order to tow it they had to search it and paraphernalia and drugs were found... Read more »

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Oct 16, 2022

Not going to be thrown out. You need to an attorney to review for your case. Inventory search is valid when towing, which was legal due to your suspension. Knowledge of drugs and paraphernalia is not required to charge you. I recommend hiring an attorney for any possible motion to suppress issues,... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: My boyfriend/sons father and I had an argument about 5 months ago. I thought he had taken my phone but I misplaced it

And reported it stolen so he has an F2 for robbery and physical harm but I don’t want to go through with anything

Matthew Williams
Matthew Williams
answered on Sep 26, 2022

Well, you can talk to the prosecutor about it. Occasionally they decide not to move forward with a case based on new info or an uncooperative victim. In this case it would help A LOT if you could show them you found the phone. If you don’t have it, they probably aren’t going to believe you... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Ohio on
Q: Why does a domestic violence show up on my federal criminal background check when i was dismissed of the charge in Ohio

My record was also sealed my lawyer had done. Could it not been sent to federal government database? Theres nothing of me in the system my lawyer had clerk of courts run me an theres nothing in the system of me in ohio

Matthew Williams
Matthew Williams
answered on Sep 26, 2022

Some employers are exempt from the record sealing laws and can see a sealed record. Adult records are never truly destroyed. The basic rule of thumb is that any employer who will put the physical safety of living human beings in your hands is exempt: hospitals, schools, law enforcement, day and... Read more »

2 Answers | Asked in Criminal Law for Ohio on
Q: If a defendant was under the influence of drugs when they confessed. Can they be prosecuted for corruption w drugs/ohio.
Matthew Williams
Matthew Williams
answered on Sep 20, 2022

Yes, the State can and probably will proceed to prosecute. The question of whether or not the confession comes into evidence will be decided by a motion to suppress it. If it does come in, and it probably will, then the defense is free to argue to the jury that it is unreliable but how much weight... Read more »

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