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Questions Answered by David Michael Johnson

2 Answers | Asked in Criminal Law for Ohio on

Q: I have a agv. assault and child endangering from 24 years ago can I have it taken off my record?

I was 23 years old. in Medina, Ohio.

David Michael Johnson answered on Jan 24, 2015

You may want to look into sealing your record. A person can be eligible to seal their record provided they have not more than 1 felony, 1 felony and 1 misdemeanor, or 2 misdemeanors. If the aggravated assault carried a mandatory prison term, or if the child endangering was a felony, you will not... Read more »

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1 Answer | Asked in Criminal Law for Ohio on

Q: if you are charged with 2911.11 and on parole how many years can you get

David Michael Johnson answered on Jan 22, 2015

2911.11 is aggravated burglary. This charge is a 1st degree felony, which carries a prison term of 3-11 years. The court may seek to revoke the individual's parole, but the court will not increase the sentence for aggravated burglary based on revocation of post-release control.

1 Answer | Asked in Criminal Law for Ohio on

Q: I was charged with drug abuse for picking up a pot pipe that was not mine. 4 years ago. I cant get a job. How can I get

this expunged? It was a pay out ticket. I paid it but did not sign it because it read that if I signed it I would be admitting guilt.

David Michael Johnson answered on Jan 21, 2015

It appears that you were convicted of drug paraphernalia, a 4th degree misdemeanor. You must wait at least 1 year to expunge your record and not commit any further criminal acts. The process for having your criminal record expunged by obtaining a final order of conviction from the clerk of courts... Read more »

1 Answer | Asked in Criminal Law for Ohio on

Q: what are the due process procedure for the filing of a protection order

David Michael Johnson answered on Jan 21, 2015

This question is somewhat vague on what you are actually looking for. There are a number of different types of protection orders, including a civil protection order, restraining order, domestic violence protection order, temporary protection order, etc. You must ask a court (usually by a petition)... Read more »

1 Answer | Asked in Criminal Law for Ohio on

Q: is a overdose concidered a posession charge

David Michael Johnson answered on Jan 20, 2015

Under ORC 2925.11, any person who knowingly obtains, possesses or uses a controlled substance can be charged with this offense. Since using a controlled substance is required to overdose on a drug, and using a controlled substance can result in being charged with drug possession, a person who... Read more »

1 Answer | Asked in Criminal Law for Ohio on

Q: Does Ohio have a law against sending threatening text messages?

David Michael Johnson answered on Jan 14, 2015

Sending threatening text messages can be a violation of several laws in Ohio. It could be menacing, aggravated menacing, assault, harassment, and several other offenses. If you are sending threatening text messages to another, you should cease immediately or you could face criminal penalties.

1 Answer | Asked in Criminal Law for Ohio on

Q: what is the penalty for 2923-12a2 orcn in hamilton county ohio

David Michael Johnson answered on Jan 13, 2015

ORC 2923.12(A)(2) is carrying a concealed weapon. While this can get complicated very quickly, the typical carrying a concealed weapon charge is a 1st degree misdemeanor. This carries a maximum 6 months in jail and $1000 fine.

1 Answer | Asked in Criminal Law for Ohio on

Q: the judge said 150 fine and 6month spention for a minor misdamenior of drug posession is that true ?

i got caught driving and i had marijuana in the car, i gave up the bit i had then they searched it found almost nothing the cited me for less than 100 gram but i saw what they found and it weighed less than a gram. judge said 150 fine and 6month spention ?

is there any way out of this icant... Read more »

David Michael Johnson answered on Jan 12, 2015

Having less than 100 grams of marijuana is a minor misdemeanor, which is punishable by up to a $150 fine and a 6 month driver's license suspension. Unfortunately, the judge is completely within the law in instituting such a penalty.

1 Answer | Asked in Criminal Law for Ohio on

Q: what is the punishment for breaking ORC 2921.31A?

David Michael Johnson answered on Jan 12, 2015

ORC 2921.31A is obstructing official business. This is a 2nd degree misdemeanor, which carries a maximum jail term of 90 days and a maximum fine of $750. This offense can escalate to a 5th degree felony.

1 Answer | Asked in Criminal Law for Ohio on

Q: What is the maximum penalty for a minor who is selling marijuana in Ohio?

David Michael Johnson answered on Jan 12, 2015

Selling marijuana in Ohio is known as trafficking in marijuana. The maximum penalty is a 2nd degree felony, which can result in up to 8 years in prison for an adult. There is also the possibility of a significant fine, driver's license suspension and other penalties. While a juvenile is not likely... Read more »

1 Answer | Asked in Criminal Law for Ohio on

Q: Do i needa lawyer if charged with endangering a child for leaving him in a car unattended

David Michael Johnson answered on Jan 12, 2015

If charged with endangering a child you should consult an attorney. Endangering a child can result in serious jail times and fines.

2 Answers | Asked in Criminal Law for Ohio on

Q: my husband was accused of drinking and never given a breathilizer when arrested or after. can he get the charge dropped?

David Michael Johnson answered on Jan 12, 2015

The officer's failure to administer a breathalyzer test is certainly good for your husband's case. However, a breathalyzer is not the only way to prove someone was drinking and is not the only evidence a prosecutor can use to prove intoxication and impairment. For example, the prosecutor can also... Read more »

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