Questions Answered by Matthew Williams

Q: Can the police take a pic of my son off his personal phone to show a victim to identify him and ? My 15 without an adult

1 Answer | Asked in Civil Rights for Ohio on
Answered on Sep 21, 2018
Matthew Williams' answer
How did the police acquire his phone? How did they acquire the picture? Was the phone locked? They can talk to him and even arrest him without parental consent, but getting into locked cellphones now requires a warrant under most circumstances. With kids, there are a few circumstances it may not such as if a teacher got the password from the child, opened the phone, and gave the picture to the police, or if the child consented to the search (though consent can get complicated with children and...

Q: What's most likely sentence for being Charged with (F4) 2925.03(A)(C)(1A) TRAFFICING IN DRUGS, Huron Co. Common Plea

1 Answer | Asked in Criminal Law for Ohio on
Answered on Sep 21, 2018
Matthew Williams' answer
The most likely sentence depends heavily on the individual's history. The list of charges, trafficking, possession, tampering, and criminal tools, doesn't include any high level felonies so a first time offender has an excellent chance at probation. But a person with a bad history could wind up with a couple of years in prison.

Q: What are my rights?

1 Answer | Asked in Criminal Law for Ohio on
Answered on Sep 21, 2018
Matthew Williams' answer
You can file for a civil protection order for one, and probably should. While there will be an order in place during her criminal case, it will end. Civil orders can be granted for as long as 5 years, and can be renewed. Additionally, there may be some custody issues that need to be addressed depending on the situation with your fiance's children.

Q: What if the vehicle's lease doesn't provide that non-OEM parts will diminish the value of the vehicle?

1 Answer | Asked in Contracts for Ohio on
Answered on Sep 19, 2018
Matthew Williams' answer
If the contract requires OEM parts, it requires OEM parts. It doesn't need to day why, and, after all, isn't it obvious why?

Q: Can I prosacute a case that is over the Ohio Statute of Limitations

1 Answer | Asked in Elder Law for Ohio on
Answered on Sep 19, 2018
Matthew Williams' answer
It is probably too late, but you can contact adult protective services to see if there is anything they can do: https://dsas.cuyahogacounty.us/en-US/adult-protective-services.aspx

Q: If i have a hearing by the board and their lawyer and still do not feel the assessment is fair do I have any recourse ?

1 Answer | Asked in Small Claims for Ohio on
Answered on Sep 19, 2018
Matthew Williams' answer
You could always take them to court...since I'm guessing this a condo board (yes?) you may want to try to work it out with them first.

Q: How soon can a hearing be set after service of an amended pleading?

1 Answer | Asked in Civil Litigation for Ohio on
Answered on Sep 19, 2018
Matthew Williams' answer
The court can hold hearings whenever it wants really. If there are outstanding pleadings, that can be addressed with the court at hearing. The Ohio Rules of Civil Procedure do set the time responding to an amended pleading: "Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within fourteen days after service of the amended pleading, whichever is later." Ohio R. Civ. Pro 15(A).

Q: I am in need of an attorney that is willing to go against the Akron Ohio police department. I was hurt traumatized and

1 Answer | Asked in Criminal Law for Ohio on
Answered on Sep 18, 2018
Matthew Williams' answer
Have you been charged with a crime -- weapons under disability perhaps? If so, you need to hire an attorney to represent you in that matter before you worry about suing the police.

Q: Am i looking at jail time for 2 felony warrants when I've never been in serious trouble?

1 Answer | Asked in Criminal Law for Ohio on
Answered on Sep 18, 2018
Matthew Williams' answer
Jail time is a possibility on any felony charge. That said, if your history isn't that bad, the victim isn't upset, and the offenses are non-violent, there is a good chance at probation.

Q: My nephew was arrested for DV 1m and asst. 1m

1 Answer | Asked in Domestic Violence for Ohio on
Answered on Sep 18, 2018
Matthew Williams' answer
That depends on a lot. The personality of the judge and prosecutor, the nature of any physical evidence, and your nephew's history will all be considered. He should be working with an attorney. It is a serious charge and a DV cannot be sealed later, if he is convicted.

Q: Hi My BF has a DV case pending this is his first time in trouble. What should I expect? Bail or jail time? I'm in Ohio

1 Answer | Asked in Domestic Violence for Ohio on
Answered on Sep 18, 2018
Matthew Williams' answer
He probably will get out on bond. He should get an attorney. There's more to worry about here than the maximum jail sentence, which is unlikely. A DV cannot be sealed. It could be on his record forever.

Q: can I have sex with my girlfriend in the short time period that I’m 15 and she’s 18?

1 Answer | Asked in Family Law for Ohio on
Answered on Sep 18, 2018
Matthew Williams' answer
No, if you do she is committing a crime called unlawful sexual conduct with a minor. Additionally, now is a pretty terrible time for you to be having sex from a life planning perspective. You're not even old enough to get a full time job. What if you have a baby?

Q: I was arrested for ovi but i was not driving and I was not pulled over.

2 Answers | Asked in DUI / DWI for Ohio on
Answered on Aug 30, 2018
Matthew Williams' answer
There must be some more facts here. But it sounds like a case with a chance. As with any criminal accusation, you should hire a lawyer.

Q: Is it legal to write letters to people about what someone did to me like stealing from me?

1 Answer | Asked in Family Law for Ohio on
Answered on Aug 29, 2018
Matthew Williams' answer
It is legal to tell people the truth. It is not a crime. A civil protection order, however, does not actually require a crime. A person may seek court protection without having to prove a crime, if he or she can show a pattern of harassment.

Q: What if I got summons for indecent exposure and its my first one on my record?

1 Answer | Asked in Criminal Law for Ohio on
Answered on Aug 29, 2018
Matthew Williams' answer
http://codes.ohio.gov/orc/2907.09 ...you should get a lawyer. Just the name of the offense on a background check will be a problem.

Q: Can you file a post conviction relief on a dismissal

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Ohio on
Answered on Aug 29, 2018
Matthew Williams' answer
No...there was no conviction thus there can be no post-conviction relief.

Q: A friend asked me and my brother to give him a ride to his mothers house. We did. He didn’t tell us until 5 minutes away

1 Answer | Asked in Civil Rights and Constitutional Law for Ohio on
Answered on Aug 29, 2018
Matthew Williams' answer
If you did not know, and did not have reason to suspect he was fleeing, you shouldn't be. But, if approached by authorities, you should be very careful about what you say. Speak to a lawyer first.

Q: i have a dv from 12 years ago i plead guilty to a m1 with probation have not had another dv sense can i get it expunged

1 Answer | Asked in Criminal Law for Ohio on
Answered on Aug 29, 2018
Matthew Williams' answer
An M1 DV conviction cannot be expunged. If you plead down to an M1 Assaut, that can be expunged.

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