Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Matthew Williams
1 Answer | Asked in Criminal Law for Ohio on
Q: Trying to find out if section 2323.51 of the columbus Ohio code of ordinances known as definition of imitation firearms

falls under having weapons under disability section 2323.13 of the columbus ohio code of ordinance

Matthew Williams
Matthew Williams answered on Sep 9, 2020

One section you quote is a definition and the other is an offense. A definition cannot really fall under an offense. 2323.51 defines "imitation firearms." It basically says that fake guns or bb guns are imitation firearms. 2323.13 is an offense that says people convicted of or charged... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: Is "domestic violence-knowingly cause physical harm" a misdemeanor or felony? What is the max sentence in Ohio?
Matthew Williams
Matthew Williams answered on Sep 9, 2020

Whether a domestic violence charge is a misdemeanor or a felony depends on a few things not included in your inquiry. If the victim was pregnant, it is a felony. If the offender has previous conviction(s) for domestic violence or assault against a family or household member, it is a felony. If... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: Must I testify against my son in a drug possession case
Matthew Williams
Matthew Williams answered on Sep 9, 2020

If you are properly subpoenaed, yes. There is no parent child privilege.

1 Answer | Asked in Criminal Law for Ohio on
Q: Can a 10yr old who took lewd pictures of other children be charged?
Matthew Williams
Matthew Williams answered on Sep 9, 2020

Technically, yes. It would be kind of surprising for them to actually do it. Far more difficult is the situation of adults with knowledge who may or may not have done the right thing.

1 Answer | Asked in Adoption, Child Custody and Child Support for Ohio on
Q: Can Unwed couple in Ohio work out child support outside of court.

Is it possible for an Unwed mother and father (name not on birth certificate) to work a deal outside of court. We have after research we have agreed on an amount to give and that the father will not be in contact with the child. Is there any legal issues with this? I won’t be filing for... Read more »

Matthew Williams
Matthew Williams answered on Aug 31, 2020

The father is taking a big risk here. If you turn around and petition for child support, your out of court arrangements may or may not be honored by the child support enforcement agency and courts. It's safer for everyone involved to do it officially. If he wants to provide additional support... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: Can a sexual misconduct case from 2009 stand a chance to have the charges removed?
Matthew Williams
Matthew Williams answered on Aug 31, 2020

Almost certainly not. Absent something extreme such as new DNA evidence which exonerates the defendant, the odds are overturning an 11 year old conviction are close to zero.

2 Answers | Asked in Copyright for Ohio on
Q: Can someone screenshot a picture i upload to facebook of myself and 2 people and send it to others

I uploaded a picture of my friend, my cousin, and myself to Facebook. Then without my consent or knowledge some people were screenshoting it and sending it to other people. Is this illegal?

Matthew Williams
Matthew Williams answered on Aug 31, 2020

In general, yes that is legal. Under certain circumstances it may become illegal or be part of an illegal activity. But when you post something online, you are putting it out there.

View More Answers

1 Answer | Asked in Criminal Law for Ohio on
Q: If the police have a lawful search warrant that was signed by a judge, can they still execute it if the owner isnt home?
Matthew Williams
Matthew Williams answered on Aug 31, 2020

Yes, the police can execute a search warrant regardless of who is or is not present at the time.

1 Answer | Asked in Domestic Violence, Divorce, Family Law and Child Custody for Ohio on
Q: I have a hearing tomorrow regarding the restraining order on my ex. She has my other ex, her husband and their attorney

I have a hearing tomorrow regarding the restraining order on my ex.

She has my other ex, her husband and their attorney as witness.

We have a pending case for custody.

Can they be used as witnesses in the restraining order which is a different case and different person... Read more »

Matthew Williams
Matthew Williams answered on Aug 31, 2020

Witnesses generally need to have personal knowledge of something relevant or else their testimony is going to be very brief. I suspect they disagree agree with your assessment that they lack personal knowledge of the events.

1 Answer | Asked in Criminal Law for Ohio on
Q: I have a question about having my burglary felony charge sealed in ohio.

When viewing the charge I see two different degrees of felony listed. 1. CRIME CLASSIFICATION: Felony of the 4th degree. 2. DEGREE OF OFFENSE: Felony 3. I am a little confused on the level of felony that I was charged with.

Matthew Williams
Matthew Williams answered on Aug 27, 2020

It is exceedingly likely, though not possible to be sure without looking at the docket, that you were charged with an F3 and plead to a reduction to an F4 either attempted burglary or trespass in a habitation. If that's what happened, which one you plead to is going to matter because burglary... Read more »

1 Answer | Asked in DUI / DWI for Ohio on
Q: I am on probation for 2nd DUI, which was dropped to a DUI 1, I just received my 3rd in under 10 years. Since my second

Was dropped to a first, will my 3rd have 2nd DUI penalties? I’m going to treatment for 4-6 months, will this help my case?

Matthew Williams
Matthew Williams answered on Aug 27, 2020

It depends how it is charged. The way that an OVI is "dropped" to a first instead of second is that the prosecutor simply doesn't allege the prior conviction. It's still there. The prosecutor this time around could allege both prior convictions making it a third, or could allege... Read more »

1 Answer | Asked in Uncategorized for Ohio on
Q: What is the maximum a judge can do for a bond for this offense

It was from may 2019, the person called and said she had permission, she didn't know she had a warrant for it as they never served it. The judge gave her a $10,000 bond. They never offered her a attorney or public defender

Matthew Williams
Matthew Williams answered on Aug 27, 2020

Your question doesn't state what the offense is. $10k is a middle of the road bond number that could apply to any number of offenses. In many counties, one must apply for a public defender. You should contact the local public defender's office to find out the procedure.

1 Answer | Asked in Criminal Law for Colorado on
Q: When a lawyer continuously asks for a continuation on a case, what help if any is that to the defendants case?
Matthew Williams
Matthew Williams answered on Aug 27, 2020

It can be helpful to the defense to delay. First, people cool down. Right when things happen the victim is often out for blood. Like anyone else, they cool off and move on to new business as time passes. A prosecutor is much more likely to give the defendant a break, if the victim isn't... Read more »

2 Answers | Asked in Domestic Violence for Texas on
Q: I have a no contact order against somebody and he requested see a mutual animal
Matthew Williams
Matthew Williams answered on Aug 27, 2020

Sounds like he violated the no contact order...but you haven't asked a question.

View More Answers

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I'm buying a duplex that has a month to month. When am I able to communicate with the current tenant?

I'm looking to provide 28 day notice so I can move in and owner occupy.

Matthew Williams
Matthew Williams answered on Aug 27, 2020

Nothing keeps you from communicating with them whenever you want. You can't give them notice until you actually own the place though.

1 Answer | Asked in Criminal Law for Ohio on
Q: I had a record sealed in ohio . I was wondering if I am able to obtain a firearm
Matthew Williams
Matthew Williams answered on Aug 25, 2020

It depends upon what the record was for. If you were convicted of an offense which makes it unlawful for you to possess a firearm, sealing the record in Ohio does not restore that right. There is a separate process to go through for that. You are not legally permitted to possess a firearm if you... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: My friend is incarcerated at Richland Correctional in Ohio. He recently filed a motion for judicial release with Greene

County Court of Common Pleas, Ohio. Am I able to view the judge's decision on that motion via Courtview's website?

Thank you for your time,

Matthew Williams
Matthew Williams answered on Aug 25, 2020

You can search the Greene County Common Pleas Court docket here: https://courts.co.greene.oh.us/eservices/home.page.2

1 Answer | Asked in Contracts and Employment Law for Ohio on
Q: Can a contract automatically renew if there is a termination amendment stating written agreement needed for extension?

I have an employment contract that has a two year term and an ability to automatically renew on an annual basis after two years, however there is an amendment clause stating that the agreement cannot be amended, altered, modified or extended except by written agreement signed by each party. There... Read more »

Matthew Williams
Matthew Williams answered on Aug 22, 2020

If the contract says it automatically renews, and it says it cannot be changed except by written agreement signed by both parties, and there is no written agreement signed by both parties, then it automatically renews just like it says.

1 Answer | Asked in Consumer Law for Ohio on
Q: does a company have to tell you who they pay a death claim to
Matthew Williams
Matthew Williams answered on Aug 22, 2020

Generally, a private company doesn't have to tell you anything.

1 Answer | Asked in Criminal Law for Ohio on
Q: What would a 20 year old be looking at if charged with possession of a handgun and shrooms?

Had stuff in the car

Matthew Williams
Matthew Williams answered on Aug 19, 2020

It really depends on the quantity of mushrooms because the level of drug offenses is determined by quantity. The situation is potentially quite serious as the amount of such drugs needed to get to mid to high level felonies isn’t that high, add to that the gun, and you could easily be facing prison.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.