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Questions Answered by Matthew Williams
1 Answer | Asked in Uncategorized for Ohio on
Q: I have a protection order against an ex friend he constantly calls and text me and occasionally comes on the property

Police reports have been filled out but there has been no real precautions for the respondent abuser the victim is left with no protection the abuser respondent has a gammon violated a protection order by via texting and calling showing aggression and Stating sexual activity how long should it take... Read more »

Matthew Williams
Matthew Williams
answered on Sep 26, 2022

Court proceedings get delayed all the time and the prosecutor may not reach out to you until it’s very close in time to them actually having to do something. You can always reach out to them for updates.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: How to monetize Small Claims judgement against landlord who violates multiple landlord tenant laws?

In addition to swindling all my deposit, my ex-landlord violated at least 5 of my rights, yet I can't sue him for these because I can't prove any monetary loss in Small Claims Court, according to the Court Clerk. So what's the point of these laws? I AM suing for deposit theft as I... Read more »

Matthew Williams
Matthew Williams
answered on Sep 26, 2022

You can only win what you lost unless there’s a reason for punishing the other side. If the other side is wrong in fact but not morally, you can only get compensation. Think about a car accident. It would be unfair not to compensate someone for wrecking their car. It would also be unfair to... Read more »

1 Answer | Asked in Trademark for Ohio on
Q: What is hanging from the s in the Smith & Wesson trademark?
Matthew Williams
Matthew Williams
answered on Sep 26, 2022

Not really a legal question. But it looks like a bit of decoration based on the hammer part of a pistol.

1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Q: Can my 12 year old kid walk on the sidewalk alone? About 2 miles is the farthest
Matthew Williams
Matthew Williams
answered on Sep 26, 2022

This stuff has become super subjective. I’ve seen folks charged with child endangerment in some really questionable circumstances.

An officer encountering the child is likely to take a bunch of stuff into consideration. What’s the neighborhood like? And I’m not just talking about...
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 »

1 Answer | Asked in Juvenile Law for Ohio on
Q: How can we take away parental rights from someone in prison for attempted murder? Never married.

The father has been in prison since the child was 10 months old. Child is now 5. We don't not want him around child when he is released from prison. They were never married and he has not been a part of her life since she was a month old. He is a very dangerous person. How can we legally make... Read more »

Matthew Williams
Matthew Williams
answered on Sep 26, 2022

If he never went to court to establish parental rights, he doesn't have any. If you want to be sure, or preempt his attempt to establish such rights, you file a private custody action in juvenile court seeking to terminate his rights.

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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1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Q: Ive been charged with contributing to the delinquency of a minor...he turned 18 a week after our last court date

He moved out to care for his pregnant girlfriend and now they have a baby. Can I still be in trouble?

Matthew Williams
Matthew Williams
answered on Sep 13, 2022

Yes, the law is concerned with the state of affairs on the day the offense allegedly took place, not what has changed since.

1 Answer | Asked in Criminal Law for Ohio on
Q: Can a jailed defendant in a pending criminal case in Ohio view the probable cause search warrant affidavit? If so, how.
Matthew Williams
Matthew Williams
answered on Aug 30, 2022

The search warrant affidavit is almost certainly marked counsel only. The defendant's lawyer can share the contents of it with the defendant but cannot actually give the defendant a copy. The defendant should ask to speak with his or her attorney regarding the contents of the affidavit.

1 Answer | Asked in Traffic Tickets and Car Accidents for Ohio on
Q: If I were at a drive-thru and was being cut off after waiting a long time and I bumped the car in front of me can I get

In trouble if I drove away and she was calling the police? There are two ways to enter the drive-thru. She pulled into the one side about 7 minutes after me and insisted that she was first.

Matthew Williams
Matthew Williams
answered on Aug 30, 2022

Yes, you can get in trouble for leaving the scene of an accident.

2 Answers | Asked in Criminal Law, Civil Rights and Communications Law for Ohio on
Q: If a case is pending, how do I find out?

Case information, local or moved to federal level.

Matthew Williams
Matthew Williams
answered on Aug 30, 2022

Most court websites have docket search features which allow you to search for cases by party name. The federal courts have a service called PACER which allows you to do so for all federal courts as well.

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1 Answer | Asked in Domestic Violence and Criminal Law for Ohio on
Q: Is it a crime to defend yourself against someone with a broken leg or arm if they attack you?

If a person with a broken leg or arm is possibly still a threat and tries to harm me but I defend myself is that considered self-defense or assault?

Matthew Williams
Matthew Williams
answered on Aug 10, 2022

You are permitted to use proportionate force to defend yourself. It all comes down to reasonableness. Is it reasonable to shoot a person for slapping you in the face? No. That's not self-defense. Does it matter if your attacker has an injury like you say? Yes, to some extent that will inform... Read more »

1 Answer | Asked in Criminal Law and Landlord - Tenant for Ohio on
Q: Neighbor smoking crack meth in duplex . It's coming thru our walls making us sick. What's our rights??

He does it all day all night. Has MM card so police won't do anything. But in Ohio it's against law to smoke MM or burn it. We talked to him he said he will do whatever he wants. It makes my grandkids sick too. What do we do

Matthew Williams
Matthew Williams
answered on Aug 10, 2022

Have you spoken to the landlord? Drug use is a reason a tenant can be evicted and landlords generally do not like it because they can actually be criminally liable for permitting drug abuse once it is brought to their attention.

1 Answer | Asked in Domestic Violence for Ohio on
Q: What is considered domestic violence? Is a neighbor across the street who babysits the kids for you considered domestic?

My brother in laws wife died last year. He started drinking for the whole year. He tried to drive and his babysitter/ female friend tried to take the keys and they wrestled on the ground for them and they charged him with domestic violence. She lives across the street. They are not dating. She... Read more »

Matthew Williams
Matthew Williams
answered on Aug 7, 2022

For it to be DV instead of assault, they will have to prove she is a family or household member. Sounds like they won’t be able to do so, which means they will likely amend the charge to assault once they figure that out.

1 Answer | Asked in Child Custody, Family Law and Landlord - Tenant for Ohio on
Q: Grandson has DV convictions against me. He turns 18 in Jan. Do I have to evict him or can I kick him out? I have custody

I own the house. He's physically and emotionally abusive daily. He's been in detention over a dozen times in the past 5 years. He's been in short term psychiatric stays in excess of a dozen times as well. Law enforcement has been to our home multiple times and I do not feel safe.... Read more »

Matthew Williams
Matthew Williams
answered on Aug 7, 2022

If he lives regularly in the home, you have to evict him.

1 Answer | Asked in Civil Rights and Constitutional Law for Ohio on
Q: police said they was not searching my property until 1130 I have radio transmissions proving they lied can I do anything

I have radio transcripts of the whole night every officer using radio to call in items to check if the items was stolen before they had a warrant and stated under oath they was not searching until 1130pm call logs was before that

Matthew Williams
Matthew Williams
answered on Jun 28, 2022

You can share this information with your lawyer who may be able to use it to file a motion to suppress evidence and/or leverage a better deal.

1 Answer | Asked in Federal Crimes for Ohio on
Q: fed inmate is serving 5yrmin. 1 old charge is W.U.D. would his points/minsent- change cuz bill passed felons can own gun

If a federal inmate is serving a 5 year min for non violent drug charges. Because of the new bill passing that felons can carry guns, would his level (points) go down which would make his mandatory minimum go down which could get him a lower sentence? (He has a weapons under disability felony. Time... Read more »

Matthew Williams
Matthew Williams
answered on Jun 28, 2022

There is no new bill passing allowing felons to carry guns, and even if there were, it is unlikely to impact your friend's case, which it sounds like has already been decided.

1 Answer | Asked in Civil Litigation for Ohio on
Q: two cases that are related to one another and one was dismissed and currently being appealed, what happens to the other
Matthew Williams
Matthew Williams
answered on Jun 9, 2022

You really don’t give enough information here to answer your question. It’s quite possible nothing happens to the other case. In what way are they related?

1 Answer | Asked in Criminal Law for Ohio on
Q: Can you appeal a case that has been continued multiple times and the defendant is not guilty
Matthew Williams
Matthew Williams
answered on May 25, 2022

It sounds like the case is still in the pre trial phase so an appeal would be untimely. The basic timeline is arraignment, pre-trials (discovery and negotiations), either plea or trial, sentencing, and then appeal.

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