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Questions Answered by Matthew Williams
1 Answer | Asked in Criminal Law for Ohio on
Q: Can Ohio common pleas courts change sentencing hearings dates without notification?

My friend was in jail waiting for her sentencing hearing that was scheduled for June 26th. She called me yesterday saying they woke her up in the morning and brought her to court for sentencing on June 1st. 25 days early with no notification. It wasn’t changed on the court docket until May 31st.... View More

Matthew Williams
Matthew Williams
answered on Jun 2, 2023

The court is empowered to sentence a defendant immediately following a conviction. If you plead guilty, the judge tells you that as part of the conversation you have before the plea to ensure you know what you are doing. But they usually don't sentence immediately in Cuyahoga County Common... View More

2 Answers | Asked in Landlord - Tenant for Ohio on
Q: Can a student be evicted in the state of Ohio for non payment of rent?

I am a student in college as The defendant in an evictions case that has lasted 3 years. The plaintiff was granted a writ of possession 90 days ago. can they recharge me for non payment of rent When an amount was never Discussed, agreed upon, or even acknowledged, with lack of a lease..?

Matthew Williams
Matthew Williams
answered on Apr 28, 2023

Evictions proceed in two phases. The first phase is about possession of the property. The second phase is about money owing. The reason to split it up like that is simple: when you start an eviction proceeding you do not know how much money the tenant owes. Perhaps the house is fine, and it is just... View More

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1 Answer | Asked in Child Support and Family Law for Ohio on
Q: How can I get my father to pay the past due child support he owes that he never paid .
Matthew Williams
Matthew Williams
answered on Apr 25, 2023

You can talk to the child support enforcement folks at your local prosecutor's office, but he probably owes that money to your mother, not you. So, they would be more likely to listen to her complaint than your complaint. Of course, before encouraging the State to go after your dad you should... View More

1 Answer | Asked in Appeals / Appellate Law, Family Law, Child Custody and Constitutional Law for Ohio on
Q: Can you think of a case that has won when the appellate files an appeal with the Supreme Court from the court of appeals

Juvenile court judgement to terminate parental rights and grant custody to agency. Appellate files appeal with the district court of appeals. Appeals court agreed with juvenile court. Appellate then files appeal with Supreme court. Has any case ever won at that point, if so I need a case number to... View More

Matthew Williams
Matthew Williams
answered on Apr 25, 2023

Something as broad as any case the appellant has won at the Supreme Court is unlikely to help you too much but here are two from a quick search of the Supreme Court's website: In re R.K., 152 Ohio St.3d 316, 2018-Ohio-23 and In re C.F., 113 Ohio St.3d 73, 2007-Ohio-1104. Yes, the Supreme Court... View More

1 Answer | Asked in Estate Planning and Business Law for Ohio on
Q: In Ohio, if a spouse (who became an LLC member before marriage) dies, does the surviving spouse automatically...

Become the assignee of the deceased member's portion of interest in the company? Or can the LLC's operating agreement keep them from receiving any of the profits generated yearly by the LLC until dissolution of the company?

Matthew Williams
Matthew Williams
answered on Mar 11, 2023

One spouse may certainly inherit the other’s interest in the LLC or part of it. It’s not exactly automatic. Exactly what depends on the total estate, other heirs, and terms of any will, prenuptial agreement, or other contracts. Inheriting is not exactly the same as being an assignee but the... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Can or should my case be plead down to a civil suit? And should I be on probation even though I was never arrested?

am a contractor that received payment for a job after contract signing. I have done several jobs for these homeowners in the past. I delivered some of my tools and equipment to complete the job. I was unable to complete their job due to spending the startup money on other projects and planned on... View More

Matthew Williams
Matthew Williams
answered on Mar 11, 2023

It’s been indicted, they aren’t just going to drop it in favor of a civil suit. You’re facing criminal charges with criminal penalties. Probation is certainly possible. It will help a lot if you can pay back the money and it may be your path to avoiding conviction on the criminal charge. You... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: A 20 year old steals billions by hacking into a companies website. What’s the punishment? Can he keep the money?

Assume theft charges have been filed (I don’t know how guy would’ve been caught otherwise). And when I say can he keep the money I mean to use after he serves his time. Can he refuse to return the money?

Matthew Williams
Matthew Williams
answered on Jan 24, 2023

A cyber criminal who steals billions and gets caught is facing decades in prison on both a state and federal level. He or she needs to hire an attorney ASAP. As for the money, they will do everything they can to get it back. It will be ordered as restitution, if he is convicted. The government will... View More

1 Answer | Asked in Civil Rights for Ohio on
Q: If someone falls a false police report on you can they turn around and do it again in the same county

I was charged with a domestic that I did not do can that be overturned in the state of Tennessee and can she file another report of the same kind of incident in the same county

Matthew Williams
Matthew Williams
answered on Jan 24, 2023

Yes, of course she can. While it is frustrating to be the subject of false reports, the police are not going to assume one report is false just because a previous one was. After all, doing so would be tantamount to concluding that a person who lied in one report couldn't possibly be the victim... View More

2 Answers | Asked in Criminal Law for Ohio on
Q: Hello, I had a case in Ohio back in 2014 for child endangerment. I took a plea deal and the charge was reduced to disord

Disorderly conduct. I now have a new case in Texas for Injury to child that I'm taking to trial. The prosecutor wants to bring up my old original charge, can he do that?

Matthew Williams
Matthew Williams
answered on Jan 24, 2023

You need to talk to a lawyer in Texas. The rules vary from state to state but the prosecutor may well seek to introduce such evidence as evidence of prior bad acts even if you do not testify and even though the offense is neither recent or serious as convicted. It's evidence rule 404b in Ohio... View More

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1 Answer | Asked in Civil Litigation, Education Law and Elder Law for Ohio on
Q: ORC 4117.103 -volunteer at public schools When can a qualified volunteer be turned back by principal?

be turned away directly from the principle?

Arriving at my granddaughter’s elementary school for an approved PTO volunteering event at the requested time, Right away I was met with resistance. She began using her phone. She inquired to several ladies standing close by a loc of someone.... View More

Matthew Williams
Matthew Williams
answered on Jan 20, 2023

The law does not require the schools to allow any particular person to volunteer and there are literally hundreds of reasons from the mundane (we have enough help) to the quite serious (this individual set fire to the building last time they were here) that someone might be turned away.

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Ohio on
Q: I am trying to sue the county prosecutor office. I was told to amend my complaint? How do I amend my complaint?

Who do I list as the defendant? If the county Departm is who I going after

Matthew Williams
Matthew Williams
answered on Jan 20, 2023

You amend a complaint by filing a new document titled Amended Complaint with the changes you are making. If suing the prosecutor, one would generally sue the elected individual in their representative capacity, and if alleging malicious wrongdoing, in their personal capacity as well, along with any... View More

2 Answers | Asked in Domestic Violence for Ohio on
Q: domestic case where i lied about being a whitness.why are they still trying to charge me if defendant dropped case

I was a part of a domestic case where I stated to police that I witnessed said act happen. I did not and later told cops I lied. Defendant dropped domestic case but they still trying to charge me with criminal charges for filing a false report. Can they still charge me even tho case has been... View More

Matthew Williams
Matthew Williams
answered on Jan 18, 2023

Yes they can. Falsification is a separate crime completely apart from whatever else may or may not have happened. If anything the DV being dropped hurts you because it tends to suggest you did in fact lie. You should get an attorney.

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1 Answer | Asked in Civil Rights and Libel & Slander for Ohio on
Q: Can you Sue an app for violation of your first amendment for banning you from commenting on their app

If I made a truthful statement with no profanity and/or offensive language towards anyone

Matthew Williams
Matthew Williams
answered on Jan 16, 2023

No. The First Amendment protects you from government interference, not private parties. Apps, employers, and other private organizations and companies are free to allow access to only those who adhere to polices regulating speech.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: In the State of Ohio are you able to sue a tenant that is self-employed for unpaid rent?
Matthew Williams
Matthew Williams
answered on Jan 13, 2023

Yes, you can sue any tenant for unpaid rent. What they do for a living is not relevant from a legal standpoint though it may be highly relevant to whether or not you can expect to get a judgment paid.

1 Answer | Asked in Civil Rights for Ohio on
Q: Can same charge of firearms under disability.be on your record twice from two different cities.one in September other in

March.same charge. Two different cities Lorain Bowen me over to Elyria

Matthew Williams
Matthew Williams
answered on Jan 11, 2023

If it happened in two different places at two different times, how is it the same charge? If you mean can you be charged with the same crime more than once the answer is yes, if you commit the same offense more than once, you can be charged more than once.

1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Q: If a judge says no contact with ur children can the parents still get supervised visitation with their children?

The prosecutor and judge said no contact with our children, can we still get supervised visitation through children services?

Matthew Williams
Matthew Williams
answered on Jan 5, 2023

If there is a no contact order arising out of a criminal case, or out a juvenile court case, children's services cannot override such an order and permit visitation because they would literally be facilitating a crime. It is against the law to violate a no contact order.

2 Answers | Asked in Criminal Law and Federal Crimes for Ohio on
Q: Can one co-defendant be released but not the others?
Matthew Williams
Matthew Williams
answered on Jan 1, 2023

Yes. This happens all the time. Sometimes one person can afford bail and the other cannot. Sometimes the bail amounts are different because on person has a bad record and the other doesnt, etc.

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1 Answer | Asked in Employment Discrimination for Ohio on
Q: Need an attorney for employment discrimination I got like 50 days to file lawsuit and the federal court EEOC gave me my
Matthew Williams
Matthew Williams
answered on Dec 23, 2022

If the folks at the EEOC gave you your walking papers, which are called "notice of right to sue," you will trouble finding a lawyer to take the case unless you pay upfront. If they thought you had a good case, the EEOC would have kept it.

2 Answers | Asked in Family Law for Ohio on
Q: Please help my son is a minor can grandma take him temporarily without minor appt of guardianship ordeal ?

First and more most I am the biological mother residing in Calif. My mother moved to ohio.My minor son age 10 likes playing "only child" SOMETIMES .. anyway I'm in a bind .I was sent paperwork for hearing for minor appt of guardian. I don't like the terms it's. Bit too much... View More

Matthew Williams
Matthew Williams
answered on Nov 29, 2022

It sounds like you are already pretty far down the rabbit hole here. While kids stay with relatives all the time, there is some relevant information missing here needed to answer your questions. First, where is the child? How long has he been living there? Second, is CPS involved? Third, if not,... View More

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1 Answer | Asked in Business Law, Employment Law and Contracts for Ohio on
Q: I work for a company in Ohio that is requiring employees to pay for damages to company equipment. Is this legal?

I believe section 4113.19 prohibits deductions from employee wages; but are there any other sections that I can reference to help get a better idea of what’s legal?

Additionally, what constitutes an “express contract”? I’m sure the “contract” was somewhere in the mountain of... View More

Matthew Williams
Matthew Williams
answered on Nov 29, 2022

The code section you've cited permits employers to deduct from wages for damages to company property, provided there is an express contract between the employer and the employee putting the employee on notice that he or she will be held accountable for damaged property and equipment. An... View More

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