Questions Answered by Matthew Williams

Q: Received a ticket for a ovi in Ohio. Never got a notice from court. Statute of limitation for misdemeanor has passed.

1 Answer | Asked in Criminal Law for Ohio on
Answered on Apr 20, 2018
Matthew Williams' answer
It's more likely there is a warrant for your arrest. The statute of limitations is the time the government has to charge you, not to find you. While you may not have been charged, it is far more likely that they charged you, tried to serve you at whatever address they could find for you, failed, and then issued a warrant.
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Q: Regular fees to hire an attorney, in Muskingum County Ohio, for a person arrested for aggravated murder. Just arrested.

1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Answered on Apr 19, 2018
Matthew Williams' answer
Every attorney sets his or her own fees, and prices vary considerably. You might be able to find someone to take it for $5,000. But, real quality representation is going to start closer to $25,000. If you’re able to afford private counsel, set up some meetings or phone calls to interview potential attorneys.
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Q: What’s the quickest and cheapest way to get a bench warrant for a misdemeanor handled ?

1 Answer | Asked in Criminal Law for Ohio on
Answered on Apr 18, 2018
Matthew Williams' answer
Walk into a police station and tell them you have a warrant. It's quick. it doesn't cost money. But, it's also not a great way to deal with it, a lawyer is.
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Q: Do I have a better chance of getting out of a speeding ticket if I ask totransfer from mayor’s court to municipal court?

1 Answer | Asked in Traffic Tickets for Ohio on
Answered on Apr 18, 2018
Matthew Williams' answer
You may have a better shot at the officer not showing up, but it is still likely he or she will. The fines will not go up, but the court costs will, so the overall cost if you lose will go up. Also, if you fight and lose, you will get the points. At mayor's court, which you have correctly deduced is a profit seeking venture, you will almost certainly be allowed to plead to a no point violation.
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Q: How do I ask a judge to give someone either a reduced sentence or probation with fines,fees and a re-commit date?

1 Answer | Asked in Criminal Law for Ohio on
Answered on Apr 18, 2018
Matthew Williams' answer
It depends where the case stands. If the defendant has already been sentenced, you cannot file a motion his or her behalf unless you are licensed to practice law, or are the defendant. If the defendant has not been sentenced, and you are the alleged victim, you have a right to speak at sentencing.
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Q: So if defendant doesnt cop out to his M1 charge can prosecutor skip a trial and refile charge as a felony

1 Answer | Asked in Criminal Law for Ohio on
Answered on Apr 18, 2018
Matthew Williams' answer
Essentially, yes. When a person faces a potential felony charge which begins in a municipal court, the prosecutor will often offer to keep the case in municipal court in exchange for a plea. If this offer is rejected, the case can be sent to the grand jury for a felony indictment.
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Q: Ex had a domestic violence expunged in Texas in 2014. Now has a domestic Violence warrant in Ohio. Will this be a felony

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Answered on Apr 18, 2018
Matthew Williams' answer
Yes, they can find it all. Will they find it all is a different question. Yes, it could be charged as a felony if they find the prior conviction and/or other circumstances would make it a felony (pregnant victim, serious physical harm).
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Q: What is highest case law saying that citizens cannot be arrested for obstruction for null-action in assisting police?

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Ohio on
Answered on Apr 16, 2018
Matthew Williams' answer
Legal research is too time consuming for us to do for you for free. But, I will say this: every obstruction statute I am familiar with plainly requires an action.
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Q: Can a misdemeanor domestic violence go up to a felony if defendant doesnt take plea deal from prosecutor

1 Answer | Asked in Domestic Violence for Ohio on
Answered on Apr 13, 2018
Matthew Williams' answer
They can indict felony charges, if they have probable cause. It’s common for an offer to made to plead to an M1 first. If that offer is rejected, felony charges may follow.
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Q: How long does it take for a blood alcohol test to come back?

1 Answer | Asked in DUI / DWI, Traffic Tickets and Car Accidents for Ohio on
Answered on Apr 5, 2018
Matthew Williams' answer
It usually takes a few weeks around here. It there’s reason to believe it will come back over the limit, you should use the time to find a lawyer.
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Q: I have not been official served with domestic violence order, yet have constant contact and counseling with husband

1 Answer | Asked in Domestic Violence for Ohio on
Answered on Apr 5, 2018
Matthew Williams' answer
Do you mean you have been served with a no contact order? If so, check to see if it exempts certain things. Some orders exempt couples counseling and limited communications for things such as child care. If it does not, then you are technically violating it, which isn’t good and you should see an attorney about tactfully approaching the court for a modification without trigger a charge for violating the order.
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Q: New commercial neighbor is a convicted rapist & sex offender w admissions of harming children. Does this count?

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Landlord - Tenant for Ohio on
Answered on Mar 28, 2018
Matthew Williams' answer
R.C. 5321.14 is not going to help you. That concerns unconscionable terms in the lease agreement, not your dissatisfaction with the proximity of a sex offender.
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Q: Is it a HIPAA violation for my employer to ask "What kind of surgery is your son having?" My son is a minor.

1 Answer | Asked in Employment Law and Health Care Law for Ohio on
Answered on Mar 28, 2018
Matthew Williams' answer
HIPAA doesn't make it unlawful for people to ask questions. It makes it unlawful for medical providers to release information without the patient's consent.
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Q: What does close out the case mean?

1 Answer | Asked in Criminal Law for Ohio on
Answered on Mar 27, 2018
Matthew Williams' answer
That could be a trap or it could be that she plans to close the file. Police close out a case in one of two ways: (1) charging the offense, or (2) writing it up as unsolved with no good leads. If you are a suspect, you should never talk to the police without an attorney.
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Q: My kid had a screw in his mouth from are hotel room

1 Answer | Asked in Uncategorized for Ohio on
Answered on Mar 27, 2018
Matthew Williams' answer
You have not asked a question. Assuming you are wondering if the hotel might be found liable in a lawsuit, it would depend on the circumstances and also whether actual injury occurred.
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Q: If you are making payments on a debt, can your wages be garnished?

1 Answer | Asked in Collections for Ohio on
Answered on Mar 23, 2018
Matthew Williams' answer
That depends on a lot of facts you haven't discussed. Do your payments meet the minimums in particular.
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Q: My 13 year old daughter is talking to an older man who keeps texting her. What are my legal options to get him to stop?

2 Answers | Asked in Family Law and Communications Law for Ohio on
Answered on Mar 23, 2018
Matthew Williams' answer
Options include (1) alerting the police, who will probably contact this individual and tell him to cut it out; (2) taking away her phone; (3) contacting your phone company to block his number from her phone; (4) seeking a civil protection order.
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Q: How long can the courts hold you on a domestic violence

1 Answer | Asked in Domestic Violence for Ohio on
Answered on Mar 8, 2018
Matthew Williams' answer
The prosecution can generally get at least one continuance of the trial date if the witness doesn't show up. If they can't get the witness in there eventually the case may wind up being dismissed. The statement is not admissible as evidence. The picture prove injury perhaps, but not how it was caused. If no one else was present, that won't be enough for a conviction.
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Q: Father of my son is behind $22,000 in child support and he has recently switched jobs and has not been paying

1 Answer | Asked in Child Support for Ohio on
Answered on Mar 8, 2018
Matthew Williams' answer
Try calling your local prosecutor about a potential non-support charge. The specter of criminal prosecution often compels people to pay.
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Q: I trying to figure out if me and a friend of mine are getting scammed by a job we worked for?

1 Answer | Asked in Employment Law for Ohio on
Answered on Mar 8, 2018
Matthew Williams' answer
From that very limited information its hard to say if you are being scammed in some way or just working for a really cheap company that doesn't want to give anyone enough hours that they would be full time.
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