Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Matthew Williams
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.

1 Answer | Asked in Real Estate Law, Domestic Violence and Landlord - Tenant for Ohio on
Q: Can my landlord have me escorted off the property, if I'm not on the lease?

I and my sons have been living here since October of 2021. The landlord and lease holder refused to out us in a lease. I had the lease holder arrested for domestic violence against me. After which the landlord wrote me note saying I could stay. Two days later, after speaking with my abuser, lease... Read more »

Matthew Williams
Matthew Williams
answered on May 15, 2022

He will have to evict you, if you’ve been living there but he can as you have no lease. If the defendant in your DV case put him up to this, the defendant has almost certainly violated the terms of a court no contact order which generally includes not doing anything to mess with the victim’s... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: delinquent at age 15 for domestic violence on my brother. At age 31 will this prevent me from getting a CCW in Ohio?

Found delinquent at 15 in Ohio for domestic violence due to an altercation with my brother. Will this prevent me from being able to apply for a Concealed Carry (CCW) license? Is this something that is ever expunged, being a juvenile record and occurring 16 years ago?

Matthew Williams
Matthew Williams
answered on May 14, 2022

You should make sure this case gets expunged. Once that’s done, you shouldn’t have any trouble.

1 Answer | Asked in Traffic Tickets for Ohio on
Q: Court appearance for speeding

Kids in the back seat

Matthew Williams
Matthew Williams
answered on May 12, 2022

You have not asked a question. However, if you were charged with child endangering as a result of this incident, it is far more serious than a speeding ticket and you should hire an attorney.

1 Answer | Asked in Traffic Tickets for Ohio on
Q: Traffic stop for window tint

During a traffic stop for window tint at night do police have to run your license and registration before they ask you to step out of the car and before they ask you to search your car

Matthew Williams
Matthew Williams
answered on May 12, 2022

The police do not have to run your registration before asking you to step out or before asking to search though they generally do. You do not have to consent to the search. But you do have to get out and provide your information.

1 Answer | Asked in Traffic Tickets for Ohio on
Q: What is a liscense fortification suspension

I missed court but was told if box wasn't checked I didn't have to appear now they trying to take my driver license which I never had been driving since I was 16

Matthew Williams
Matthew Williams
answered on Apr 28, 2022

A license forfeiture is a process by which a court invalidates your license to force you to deal with them. If you want your license back, you need to obtain a document called a release of forfeiture from the court. It is true that you do not have to appear in court, if they don't check the... Read more »

1 Answer | Asked in Civil Rights for Ohio on
Q: I’m looking for a public defender to represent me in a civil court traffic case which I have jury trial in October

I feel I’m being wrongfully sued for 25,000. Trail is in Butler County Ohio. I am nervous and don’t know where to start. if someone could point me in the right direction, I’d greatly appreciate it.

Matthew Williams
Matthew Williams
answered on Apr 27, 2022

The Public Defender's Office represents indigent folks in criminal cases, not civil. Your local Legal Aid society is the place to contact for civil matters, if you are unable to afford representation in a civil matter. I am not sure if they will traffic matter but its worth reaching out to... Read more »

1 Answer | Asked in Criminal Law, Juvenile Law and Sexual Harassment for Ohio on
Q: Is it illegal for a 16-17 year old to talk a 10 year old into video chatting and showing private parts?

And talk about cuddling and loving the 10 year old? What if said teenager offers paid for video game currency such as “robux”

Said teenager - Iowa

Matthew Williams
Matthew Williams
answered on Apr 26, 2022

Yes, that is illegal.

2 Answers | Asked in Personal Injury for Ohio on
Q: My daughter has mouth and throat injuries from a metal shard found in her sandwich. What are my next legal steps?

On 4/17/22 my daughter purchased a sandwich from a restaurant. After a few bites she gagged to prevent herself from swallowing a dirty jagged piece of metal. I called the restaurant immediately and spoke to a manager about the shard. My daughter had to go to the emergency room that same day due to... Read more »

Matthew Williams
Matthew Williams
answered on Apr 26, 2022

Schedule a meeting with a personal injury attorney.

View More Answers

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Municipal Law for Ohio on
Q: i am on probation in Cleveland muni court and Cuyahoga common pleas. common pleas has the longest possible sentence.

i am on probation in Cleveland muni court and Cuyahoga common pleas. common pleas has the longest possible sentence.

Under ORC Section 2951.022 | Supervision of concurrent supervision offender. It says that the court that has imposed the longest possible sentence has jurisdiction.... Read more »

Matthew Williams
Matthew Williams
answered on Apr 26, 2022

It’s not automatic, especially since the statute authorizes the judges to change the concurrent supervision rules more or less as they see fit. I would start with a conversation with the two probation officers before going to the court.

1 Answer | Asked in Criminal Law for Ohio on
Q: In order to be found guilty of retaliation, one must have a judicial decision in the underlying offense.

The criminal statute uses past-tense verbs (was involved) and (discharged duties) therefore, in order to gain a lawful conviction the State must prove the prior conviction in the underlying offense. House Bill 88 made this clear by setting forth the distinguishing characteristics of the criminal... Read more »

Matthew Williams
Matthew Williams
answered on Apr 26, 2022

It’s hard to predict which cases the Supreme Court will take up. If they previously declined to hear the same issue, then it does seem likely they will decline again.

1 Answer | Asked in Criminal Law for Ohio on
Q: If your pulled over during a controlled buy and the charge was dropped would the entire stop be inadmissable

My bf was stopped after selling to a informant. Turned out what he sold them was water so they dropped the charge however during the stop he was found to have a small amount of meth on him .can they still charge him with it even though without the controlled buy they had no pretense to have pulled... Read more »

Matthew Williams
Matthew Williams
answered on Apr 22, 2022

They could probably still charge him with the meth. When police are investigating one potential crime and come across evidence of another, they can run with it. Although it turned out no drug transaction had taken place, there was likely enough PC for the stop. If they have communications setting... Read more »

1 Answer | Asked in Child Support for Ohio on
Q: What does the court will stay her sentence pending payment towards her support order mean???
Matthew Williams
Matthew Williams
answered on Apr 21, 2022

It means the court won't order her sentence into execution (likely meaning sending her to jail) if she makes her payments on her support order.

1 Answer | Asked in Criminal Law and Traffic Tickets for Ohio on
Q: can a prosecutor give you their opinion on how judge will rule while offering you plea bargain?

i heard pros say it’s highly unlikely i’ll be convicted but he still wanted to offer me a reduced charge. The words highly unlikely motivated me to refuse plea. Then, I was found guilty. Next day I called pros and he denied what he said. He said he may have said it’s highly unlikely i’ll... Read more »

Matthew Williams
Matthew Williams
answered on Apr 19, 2022

The prosecutor is free to offer his or opinions. You should not listen to them seeing how their job is to convict you.

1 Answer | Asked in DUI / DWI for Ohio on
Q: I got an OVI and due to the circumstances, I'm wondering if the case could get dropped.

I was drunk and while driving two civilians boxed me in the highway and forced me to pullover. Afterwards they called the cops and they arrived. No cop saw me driving, I refused all sobriety tests, along with breathalyzer and blood test. Due to the circumstances is there a chance I could get out of... Read more »

Matthew Williams
Matthew Williams
answered on Apr 19, 2022

The folks who stopped you sound like the types who will turn up to testify against you. So I would not expect a dismissal. You should hire an attorney and work this down.

1 Answer | Asked in Criminal Law for Ohio on
Q: If drugs are sent to a lab for testing and the drug test positive for other drugs also can you be charged with all .

The drug was heroin but lab tested for cocaine and something else as well. Now the police are trying to charge me as if I had 3 seperate drugs instead of the initial drug they found which was herion.

Matthew Williams
Matthew Williams
answered on Apr 13, 2022

When suspected drugs are sent to the lab for testing it is not at all uncommon for more than one illegal substance to be detected leading to more than one charge. It may be the same baggie but if it contains heroin and fentanyl, there can be two charges: one for each drug. You should be working... Read more »

1 Answer | Asked in Adoption and Child Custody for Ohio on
Q: What is the best form to get notarized when it comes to obtaining custody of a minor child that belongs to a friend?

The Minor is a newborn

Matthew Williams
Matthew Williams
answered on Apr 13, 2022

You cannot obtain custody of a friend's child by notarizing some form. You will need to go to court to seek custody. You should be working with an attorney.

1 Answer | Asked in Criminal Law and White Collar Crime for Ohio on
Q: What do I do when I’m accused of Felony 5 theft when i had approval to take

I was told by multiple people above me I had the ability to take a product with out paying. These leaders i have seen do the same. I made sure I was on camera doing this so it did not look as if I was stealing. I have now been termed and charged with a felony 5. I have never been in legal trouble... Read more »

Matthew Williams
Matthew Williams
answered on Apr 11, 2022

You need to get an attorney. Defending a criminal case is not something we can simply teach you to do in an internet forum.

2 Answers | Asked in Traffic Tickets and International Law for Ohio on
Q: I need to pay court fines in Sydney Australia. I’m in the states. I’ve been told pay through Bitcoin

I’ve been told the court only excepts payment through Bitcoin. I find that hard to believe. Is this a scam? My friend hit a parked car but didn’t stop. There was no injuries. He is under house arrest now. I’m not comfortable paying that way

Matthew Williams
Matthew Williams
answered on Apr 11, 2022

While you should ask a lawyer in Australia, technically, this seems like it is almost certainly a scam.

View More Answers

1 Answer | Asked in Constitutional Law for Ohio on
Q: Interpretation of Vernonia School District v. Acton and BOE vs Earls with school drug testing.

Is it legal for a Middle School student to be random drug tested?

The Ohio school in my case is requiring students at random to do urine drug tests with out parent approval. The school believes this is legal as the student participated in a sport but I do not believe so. The student... Read more »

Matthew Williams
Matthew Williams
answered on Apr 4, 2022

Both cases upheld testing requirements. So they don’t really help your position. But it sounds like the circumstance is different as your case doesn’t involve a student currently participating or about to participate in extracurricular activities, a specific issue which has not, to my... Read more »

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.