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Ohio Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and Internet Law for Ohio on
Q: Is it okay to contact the police officer for an update on my case I'm a suspect in?

My apartment was raided and electronics seized on 7/6/2022 under a search warrant under Ohio revised code 2913.04

James L. Arrasmith
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answered on Nov 27, 2023

If your apartment was raided and your electronics were seized under a search warrant, it's understandable that you would want updates on your case. However, contacting the police officer directly may not be the best approach, especially if you are a suspect in the case. Police officers are... View More

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1 Answer | Asked in Criminal Law for Ohio on
Q: My friend was stopped in a car there was two more people in the car they found counterfeit money two guns stolen checks

In Ohio how much time will he gets

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answered on Nov 11, 2023

In Ohio, the severity of the potential sentence for your friend will depend on various factors, including the specific charges related to the counterfeit money, guns, and stolen checks. Each of these offenses carries its own potential penalties, and if charged with multiple offenses, these can... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Ohio on
Q: For an ovi, can the police take your phone and refuse To let you contact your attorney?

I was pulled over because the cop lied and said I committed a few minor traffic offenses. After he searched and found some roaches he hit me with a field sobriety and had confiscated my phone. I told him I wanna call my attorney and he refused to and told me I'm not allowed. He also never read... View More

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answered on Nov 10, 2023

In your situation, it's important to understand your rights. The police can temporarily confiscate your phone during an arrest to prevent tampering or destruction of evidence. However, you have the right to contact an attorney, and this should be allowed once you are in custody and the... View More

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

1 Answer | Asked in Criminal Law and Municipal Law for Ohio on
Q: What does “bind over pw sent to cpc*LO” mean?
Linda  Malek
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answered on Nov 3, 2023

A bind over is where a defendant has been charged with a felony. The case begins in the municipal court or lower court and is ‘bound over’ to the CPC or Common Pleas Court. Remember that municipal courts can only hear misdemeanors not felonies. Felonies are in the jurisdiction of the Common... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Why would we continued arraignment court date?

Son is 18yrs old went to court for underage consumption in Ohio, (was only carrying 12pk of beer not drinking) met with the public defender before court who went into court for him and came out said you were given a diversion program. So you will need to pay court costs and take an online class... View More

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answered on Nov 3, 2023

Arraignment dates may be continued because all the evidence has not been brought into the prosecutor’s, by the officers who give them then tickets , so they may need more time. Often, we receive an initial charge, but sometimes all the facts aren’t there to charge further, there can others... View More

1 Answer | Asked in Child Custody, Civil Rights, Domestic Violence and Criminal Law for Ohio on
Q: Do I have a case, when my rights was refused to be read to me?

I was rescent arrested do to my soon to be ex husband falsely told police I hit him. When he was the one who attacked me. He new the police on the screen. They didn't read me my rights and said it wasn't necessary. Refused my phone call. Then would let me reach out to my lgbtq advocated... View More

Todd B. Kotler
Todd B. Kotler
answered on Oct 19, 2023

In Ohio, as in the rest of the United States, the Miranda warning is a legal safeguard designed to protect an individual's Fifth Amendment rights against self-incrimination. If a law enforcement officer fails to provide a Miranda warning before a custodial interrogation, the primary legal... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Chgd w/fel assault & picked out of a lineup but no evidence other than a persons word but innocent. Can be found guilty?

Did not commit a crime but someone is mad at me and is retaliating by saying I was the one who beat him up but I didn’t. He picked me out of a photo lineup. Wondering if I stand a chance even though I didn’t do anything.

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answered on Oct 8, 2023

When it comes to a phone lineup there is a procedure that has to be followed before the line up can be considered reliable. The line-up procedure is governed by O. R.C. 2933.83. The procedures purpose is preventing suggestive methods when picking out a suspect.

Any law enforcement agency...
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1 Answer | Asked in Criminal Law for Ohio on
Q: Ok I'm charged what it says online is f5 agg poss of drugs and fentanyl compound is a f5 now on the police report it say

Says f2 on the agg poss of drugs 19.4 grams now they claim the box of drugs was in tge fliir board but if it was then i couldn't have flipped the numbers on the lock box bc of all my bags and coat and shoes were in floor and the weed Amit to but that was in cup holder tge law never asked me... View More

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answered on Oct 6, 2023

I am sorry about your situation. The best way to handle a drug case such as this is to find a defense lawyer that is able to access whether a Motion to Suppress needs filed. See if BCI is able to fingerprint any of the evidence to see whether your prints are on them, because if not, that might be... View More

1 Answer | Asked in Criminal Law, Civil Rights and Social Security for Ohio on
Q: I've found on the web recently that I had some kind of a lawsuit filed but I've known nothing about it. 3;2013cv00060

I recognize the city and state and the names like the prosecutor and judge but I never received any money or court dates.

James L. Arrasmith
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answered on Sep 24, 2023

If you believe a lawsuit has been filed involving you without your knowledge, it's imperative to immediately obtain a copy of the court records related to case number 3:2013cv00060 from the relevant jurisdiction. This will provide clarity on the nature of the lawsuit, the parties involved, and... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Social Security for Ohio on
Q: How can a person be indicted for theft of government property from social security when overpayment has been repaid
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answered on Sep 21, 2023

If a person has repaid an overpayment to Social Security, they should maintain records of the repayment. In some cases, an indictment for theft of government property may be based on misunderstandings or errors in record-keeping. To address such a situation, it's advisable for the individual... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Overpayment for ssa has been repaid and almost 7 years later my fiance is being prosecuted. How is that logical or legal
T. Augustus Claus
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answered on Sep 19, 2023

It's unusual for someone to be prosecuted for an overpayment of Social Security benefits that has been repaid. Social Security overpayments often occur due to errors or changes in circumstances, and the Social Security Administration (SSA) typically works with individuals to resolve these... View More

1 Answer | Asked in Criminal Law, Family Law, Child Support and Municipal Law for Ohio on
Q: What are my options for recourse in Ohio if a butler county juvenile court employee informed me incorrectly?

Had CS hearing for contempt- couldnt make it. Warrant issued. Paid to get recalled, was issued new hearing (employee came out, handed me new date paper & said “be there”). Again, date conflicting. I asked how to reschedule. She refused to go back (hearing was done w/ me in the lobby) to ask... View More

Todd B. Kotler
Todd B. Kotler
answered on Sep 14, 2023

The employees cannot give legal advice. There are literally signs all over every court stating this. YOU are responsible for either hiring an attorney or learning the rules through independent research. Appear before the court ASAP and make your explanation. Better yet, invest in actually... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Can I represent myself ? My ex has lied and taking me to court ? Why I don’t no I guess a protection order she filed
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answered on Sep 13, 2023

Yes, you have the right to represent yourself in court, including in cases involving protection orders in Ohio. This is known as representing yourself "pro se." However, it's important to be aware that legal proceedings, especially those involving protection orders, can be complex,... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: In Ohio, why can't I file for a restraining order on behalf of another adult?

What's the law that prevents this?

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answered on Aug 29, 2023

In Ohio, you generally cannot file for a restraining order on behalf of another adult because the law requires the person seeking the restraining order to be the victim or the person in need of protection. The law aims to respect individual autonomy and prevent abuse of the legal process. This... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: How long does the prosecution have to provide discovery?

My son was arrested May 5, 2023 bonded him the next morning after court. Informed us that he had to return to court on May 12. Went to court and after sitting in the waiting area informed that he didn't have to come and he would get a new court date via mail. As of today 8/23/2023 no court... View More

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answered on Aug 23, 2023

In Ohio, the rules regarding the timeline for providing discovery, which includes evidence and information related to a criminal case, can vary based on the specific court rules and local practices. Generally, the prosecution is required to provide discovery to the defense in a timely manner to... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: What does it mean when someone is being held on 2 cpc cases by magistrate but was ordered release? Does it mean theyout
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answered on Aug 3, 2023

If someone is being held on two CPC cases by a magistrate but was ordered release, it suggests that the person was involved in two separate child protection cases, possibly as a parent or guardian of the child. The magistrate, after reviewing the cases, may have ordered the person's release,... View More

2 Answers | Asked in Real Estate Law, Criminal Law and Personal Injury for Ohio on
Q: A branch from a tree in my backyard fell in my neighbors yard last night during a severe thunderstorm, tearing down her

Tearing down her electric lines. She came to me today demanding that I help her with the “expenses” of having it repaired and get the tree cut back away from her house. Am I responsible? I told her I thought that her first call should be to the electric company for repairs (I’ve never had... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 28, 2023

My guess is that your question is whether you are liable for the damages. Like most things in law, the answer is "it depends". Has your neighbor complained to you about the tree or the branches? In order to establish that you were unreasonable or breaching a duty of care to the... View More

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1 Answer | Asked in Criminal Law for Ohio on
Q: Can I purchase a gun in Ohio with a non violent felony?

I'm no longer on probation

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answered on Jul 18, 2023

When it comes to gun ownership and possession, federal and state laws play a significant role. In Ohio, individuals with certain felony convictions are generally prohibited from owning or possessing firearms. However, the specifics can vary depending on the circumstances and the nature of the... View More

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