Questions Answered by Matthew Williams

Q: how do I read appeals

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Answered on Dec 3, 2018
Matthew Williams' answer
In terms of actually reading them, you just read them. I’m not sure how else to put that.

In terms of finding them, there are a number of online resources. The better ones, Westlaw and Lexis, you have to pay for. But sites like this one, and google scholar will give anyone some access. You can also go to your nearest public law library for assistance.

In terms of understanding them, 3 years or law school would be best. But the most important thing to remember is that they...

Q: What is the statue of limitations on underage drinking in Ohio? For an adult.

1 Answer | Asked in Criminal Law for Ohio on
Answered on Dec 3, 2018
Matthew Williams' answer
If there’s a warrant. There probably isn’t an issue with the SOL. That’s the time they have to charge you, not to catch you or try you. But plead not guilty and challenge the state to prove its case. I doubt they can turn up the witnesses or other evidence after so many years.

Q: Criminal defense question

1 Answer | Asked in Criminal Law for Ohio on
Answered on Dec 3, 2018
Matthew Williams' answer
The defense can’t require any testimony from the state. But the law requires the state to prove its case beyond a reasonable doubt. Which means the state must prove the defendant knowingly caused serious physical injury to the victim. So they’re going to put on some testimony. None of those elements necessarily require an expert or forensic tech the way say DNA matching does. If seven people from a party testify the defendant, drunk, attacked the victim stabbing him in the face with a knife...

Q: Is it possible that we could be together and have a good relationship? He is 18 going on 19 and we are 3yrs 4mths apart.

1 Answer | Asked in Federal Crimes for Ohio on
Answered on Dec 1, 2018
Matthew Williams' answer
This isn’t really a legal question. Know that anything sexual before you turn 16 can get him into really bad trouble. And between 16-18 he would still be at some risk of being charged with contributing to the delinquency of a minor, though that risk is not nearly as serious as being labeled a sex offender as he could be before you turn 16. Ultimately, it’s up to you two decide if you’re going to be together.

Q: What kind of motion would i file to get a no contact order dropped

1 Answer | Asked in Criminal Law for Ohio on
Answered on Dec 1, 2018
Matthew Williams' answer
You can file a motion to modify the order, but under the circumstances, I would not expect the court to be very receptive to your request.

Q: I got a ticket for letting an unlicensed driver drive my car while I had a suspended liense and my mom wont take me

1 Answer | Asked in Traffic Tickets for Ohio on
Answered on Dec 1, 2018
Matthew Williams' answer
If you got a ticket for it...most likely for an offense called "wrongful entrustment," then you are already in trouble.

Q: What can one expect on a shoplifting misdemeanor theft charge, theft happened over a period of time so amount is high

1 Answer | Asked in Criminal Law for Ohio on
Answered on Dec 1, 2018
Matthew Williams' answer
The punishments folks face on misdemeanor charges depend very heavily on the individual's history and the personality of the judge. A first time theft offender almost always gets probation, but there are some judges who do give jail time even on a first offense. If the charge is a misdemeanor in Ohio, the amount cannot be more than $1,000. Otherwise, you get into felony territory. Still, probation remains the most likely punishment for first time offenders or those with limited history. You...

Q: Can I go to jail if I don't go to small claims court

1 Answer | Asked in Small Claims for Ohio on
Answered on Dec 1, 2018
Matthew Williams' answer
No. But the court will issue judgment in favor of the other side of if you don't show up. And they will then have the legal means to seek to collect from you by force.

Q: What's the most successful DUI defense? My son needs an attorney.

2 Answers | Asked in DUI / DWI for Ohio on
Answered on Dec 1, 2018
Matthew Williams' answer
There is no one most successful defense. It all depends on the situation. If the police had no reason to pull the car over, then that will be the most successful defense. If they screwed up administering field sobriety defenses, then that will. Etc.

Q: Can an 8 year old be charged for assault?

1 Answer | Asked in Criminal Law for Ohio on
Answered on Nov 18, 2018
Matthew Williams' answer
In Ohio, there is no minimum age for a criminal charge but young children are generally not charged. So, in theory yes. But it isn’t likely in practice.

Q: What are the eligibility requirements for this program in Ohio?

1 Answer | Asked in Criminal Law for Ohio on
Answered on Nov 18, 2018
Matthew Williams' answer
What program? Your question doesn’t say.

Q: I read Trump wants to take citizenship away from babies that are born in the US to foreign parents.

2 Answers | Asked in Immigration Law for Ohio on
Answered on Nov 18, 2018
Matthew Williams' answer
It’s not very likely. Legal scholars largely agree that birth right citizenship is a constitutional guarantee. The President cannot change the constitution on his own.

Q: What is the punishment for first time drunk driving in Ohio? What if the driver was only 19 years old?

1 Answer | Asked in DUI / DWI for Ohio on
Answered on Nov 16, 2018
Matthew Williams' answer
In General a first time OVI is punished with a 3 day DIP program, license suspension, probation, and a hefty fine. The circumstances or particular court may result in these penalties being more or less. It’s important to be represented by an attorney to ensure minimization or penalties.

Q: What happens to a business if the sole proprietor goes to prison for sexual misconduct with a minor?

1 Answer | Asked in Criminal Law, Employment Law and Federal Crimes for Ohio on
Answered on Nov 14, 2018
Matthew Williams' answer
Technically, nothing. But a business without someone at the helm is seriously endangered. I would suggest you all get together with the owner and a lawyer to ensure the business operations will pass on to someone trusted. Obviously, the boss here needs a lawyer for the criminal side too.

Q: If my mother and father wrote out a check from their checking account and it bounces on a vehicle in my name am I respon

1 Answer | Asked in Criminal Law for Ohio on
Answered on Nov 7, 2018
Matthew Williams' answer
Yes and no. No you are not responsible to their bank for fees associated with bouncing a check. But you are responsible on the contract for the car, if you purchased it. If a payment is missed, there may be fees associated with that or they may try to repossess the vehicle.

Q: I have a gym contract that I would like to get out of that states,

1 Answer | Asked in Contracts for Ohio on
Answered on Nov 7, 2018
Matthew Williams' answer
Provided you are up to date on your membership fees, yes, you need to send them written notice that this will be your last month. For the most part, this sort of thing is typical and doesn't cause a lot of problems.

Q: I got an insurance letter in the mail is there any way around it

2 Answers | Asked in Criminal Law for Ohio on
Answered on Nov 7, 2018
Matthew Williams' answer
If you are referring to the letter asking you to submit proof of your auto insurance, I believe you can offer proof that you do not have a car. But if there's a car registered in your name, no, you have to have insurance.

Q: I got a speeding ticket in Xenia Ohio jurisdiction and they set a court date 4 days after violation, is that allowed?

1 Answer | Asked in Traffic Tickets for Ohio on
Answered on Nov 5, 2018
Matthew Williams' answer
You can almost certainly get a continuance easily.

Q: Is it still a 4511.38 violation if the only property damage was to the operator's vehicle?

1 Answer | Asked in Traffic Tickets for Ohio on
Answered on Nov 5, 2018
Matthew Williams' answer
The property isn't the way to go, that could be your car, but where does the street or highway end?

Q: Does a landlord in the state of Ohio have to disclose prior criminal activity to prospective tenants?

1 Answer | Asked in Criminal Law and Real Estate Law for Ohio on
Answered on Nov 5, 2018
Matthew Williams' answer
I am aware of no law that requires a landlord to inform you that the former tenant was a crook, no.

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