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Questions Answered by Patrick DiChiro
1 Answer | Asked in Contracts, Criminal Law and Traffic Tickets for Ohio on
Q: I was recently given a ticket for reckless driving. I have no prior incidents on my driving and no criminal record

I live in ohio, am a navy vet, and have a lawyer who will represent me in court. He has said that I do not have to show up, and that we will plead not guilty. Is this a good move and should I show up? I also have not signed a contract with him. Should I get a contract?

Patrick DiChiro
Patrick DiChiro answered on Nov 14, 2019

MOST COURTS IN OHIO ACCEPT FAXED OR E-MAIL NOT GUILTY PLEAS FROM ATTORNEYS. IT AVOIDS WASTING THE ATTORNEYS TIME SHOWING UP AT AN ARRAIGNMENT WHERE NOTHING REALLY GETS DONE OTHER THAN A PLEA ENTERED AND A JUDGE ASSIGNED.

SO IT DOES NOT HURT YOU TO NOT SHOW UP AT COURT.

AS FOR THE...
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2 Answers | Asked in Criminal Law for Ohio on
Q: My friend is being charged with the death of her 2 yr old son while she was at work. How is this even right?

My friend has been arrested and charged with three counts of m1 child endangerment, f3 child endangerment and f1 involuntary manslaughter. Like every other day she had to go to work and her fiancé was getting off work in a few hours so she had her 17 year old brother watch her twin 2 year old boys... Read more »

Patrick DiChiro
Patrick DiChiro answered on May 5, 2019

IT IS HARD FOR ME TO ANSWER YOUR QUESTION. I WOULD NEED MORE FACTS. HOWEVER, YOUR FRIEND, THE MOTHER OF THE CHILDREN, IS THE CUSTODIAN AND GUARDIAN OF THE MINOR CHILDREN. SHE IS RESPONSIBLE FOR THE WELL BEING OF THOSE CHILDREN. SHOULD SHE PUT THOSE CHILDREN IN HARM'S WAY, SHE IS CRIMINALLY... Read more »

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1 Answer | Asked in Criminal Law and Traffic Tickets for Ohio on
Q: What would happen if I didn't stop completely I have tempts first offense

I was pulled over I have court want to know would this bother my license before I get them?

Patrick DiChiro
Patrick DiChiro answered on Apr 15, 2019

It might! Some courts have programs allowing you to get your license valid. Then the repercussions are usually lighter.

Pat

2 Answers | Asked in Criminal Law for Ohio on
Q: I have one prior of DVm1 and now facing another DVm1. Can that send me to prison?
Patrick DiChiro
Patrick DiChiro answered on Mar 4, 2019

Usually, a second Domestic Violence is a Felony of the 4th degree. So yes, there is a potential for prison.

Pat DiChiro

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2 Answers | Asked in Criminal Law for Ohio on
Q: What can be done if a victim disclosed to you that they knew where the weapon of thier assault had been disposed...

The weapon could show that the person charged with the crime's fingerprints were in fact not on the weapon but another persons was that was present at the time of the incident

Patrick DiChiro
Patrick DiChiro answered on Mar 3, 2019

I WOULD TURN THE INFORMATION OVER TO YOUR ATTORNEY OR THE POLICE.

BEST WISHES,

PAT DICHIRO

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2 Answers | Asked in Criminal Law, Traffic Tickets, Domestic Violence and Municipal Law for Ohio on
Q: What kind of charges and or jail time and fees is he looking at?

My boyfriend/father of my child was pulled over earlier by a state trooper here in Ohio. He is on probation until August of this year for Domestic violence and unlawful restraint. He got a ticket for no seatbelt and driving under suspension. He also does not have car insurance which they will find... Read more »

Patrick DiChiro
Patrick DiChiro answered on Mar 3, 2019

HE IS LOOKING AT BEING CHARGED WITH DUS. DEPENDING ON THE TYPE OF DUS HE IS CHARGED WITH, SOME ARE MISDEMEANORS OF THE FIRST DEGREE AND CARRY A POTENTIAL PENALTY OF UP TO A $1,000.00 FINE AND UP TO 180 DAYS JAIL. HOWEVER, SOME ARE UNCLASSIFIED MISDEMEANORS, AND THEY CARRY UP TO A $1,000.00... Read more »

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2 Answers | Asked in Criminal Law for Ohio on
Q: Is it against the law to spit in another person's face in ohio
Patrick DiChiro
Patrick DiChiro answered on Mar 4, 2019

yes. it is an unlawful touching of another person which can be considered an Assault.

Pat DiChiro

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2 Answers | Asked in Divorce, Criminal Law and Business Law for Ohio on
Q: If your wife signs her company over to one of her affiliates for free then files divorce do you have legal recourse?

I helped my wife start a company and completely carried it financially from my wages. The company was in her name solely as an llc. We live in a communicative property state (Ohio). The company has recently got to where it has the connections and is begging to gain contracts and become profitable.... Read more »

Patrick DiChiro
Patrick DiChiro answered on Mar 4, 2019

Of course. She has dissipated a marital asset. I would look into the transfer because it appears to be fraudulent and in anticipation of the divorce filing. I would also find a good lawyer to represent you and a good business appraiser in order to appraise the business.

Pat DiChiro

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2 Answers | Asked in Criminal Law for Ohio on
Q: My son is being held in jail on bond with no indictment and no charges for 3 months now.

He was stopped for going left of center and was caught with drug paraphernalia and a warrant in Arizona and a bond was placed on him. Arizona does not want to extradite. There are no charges or indictment. The judge needs to be made aware that he needs to drop the bond so he can be released.... Read more »

Patrick DiChiro
Patrick DiChiro answered on Feb 13, 2019

THERE ARE HOLDING PERIODS AND SPECIAL RULES FOR EXTRADITION. YOU MAY WANT TO CONSULT AN ATTORNEY FOR YOUR SON.

BEST WISHES,

PAT DICHIRO

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1 Answer | Asked in Criminal Law for Ohio on
Q: My husband was just charged with a petty theft at Walmart. He wasn't stopped when we left but was just issued a summons

I'm now being charged with complicity. I didn't know he stole anything, can I still be charged with complicity even though I had no idea he took anything.

Patrick DiChiro
Patrick DiChiro answered on Feb 7, 2019

BEING CHARGED WITH A CRIME IS DIFFERENT THAN BEING FOUND GUILTY. IF THE POLICE BELIEVE THEY HAVE PROBABLE CAUSE, THEY CAN CHARGE YOU WITH A CRIME. PROBABLE CAUSE TO ARREST IS A LOWER STANDARD THAN BEYOND A REASONABLE DOUBT, WHICH IS THE BURDEN OF PROOF THAT A PROSECUTOR WOULD NEED TO MEET IN... Read more »

2 Answers | Asked in Criminal Law for Ohio on
Q: Whats the laws on Forgery and what could happen

Two names on property title and one signed off both names

Patrick DiChiro
Patrick DiChiro answered on Feb 1, 2019

WELL, DEPENDING ON THE CHARGE, FORGERY IS USUALLY A FELONY OF THE FIFTH DEGREE, FOURTH DEGREE OR THIRD DEGRESS. A FIFTH DEGREE FELONY IS PUNISHABLE BY UP TO 12 MONTHS JAIL AND $2500.00 FINE. A FOURTH DEGREE FELONEY IS PUNISHABLE BY UP TO 18 MONTHS JAIL AND $5,000.00 FINE. THERE IS NO MANDATORY... Read more »

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2 Answers | Asked in Criminal Law for Ohio on
Q: Can I get relief from weapons disability after I had my felony expunged

Will all my firearms rights be restored after my felony is expunged

Patrick DiChiro
Patrick DiChiro answered on Jan 31, 2019

IF YOUR ELIGIBLE FOR EXPUNGEMENT OF THE WEAPONS CHARGE, THEN YOUR ABILITY TO GET A FIREARM WILL DEPEND UPON WHAT ELSE YOU HAVE ON YOUR RECORD AND WHETHER YOU WILL CLEAR A "BRADY" CHECK. I BELIEVE YOU STAND A GOOD CHANCE. I AM NOT SURE IF AN APPLICATION TO OBTAIN A FIREARM HAS ANY QUESTION THAT... Read more »

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2 Answers | Asked in Criminal Law for Ohio on
Q: First OVI, high-tier misdemeanor, no history drugs or alcohol, no criminal record, any way to reach a plea agreement?

Just wondered what you thought my chances of reaching a plea agreement or reduction agreement or some other sort of deal with prosecutors would be even if its a 'high-tier' offense (since I've never ever been in any sort of trouble) I'm just very unfamiliar with this whole situation. I don't know... Read more »

Patrick DiChiro
Patrick DiChiro answered on Jan 31, 2019

A HIGH END IS ALWAYS MORE DIFFICULT TO REDUCE. THE BEST WAY TO FIGHT IT IS IF YOU HAVE AN ISSUE SUCH AS REASONABLE SUSPICION FOR THE STOP OR PROBABLE CAUSE FOR THE ARREST. ALSO, WERE THERE FIELD SOBRIETY TESTS AND DID THE OFFICER EXECUTE THE INSTRUCTIONS ACCORDING TO THE NHTSA MANUAL.... Read more »

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3 Answers | Asked in Criminal Law for Ohio on
Q: Why would someone that has served there full sentence be placed on parole

The inmate servered 5 years and 4 months of the five year sentence and is being placed on parole

Patrick DiChiro
Patrick DiChiro answered on Jan 28, 2019

THEY ADVISE YOU WHEN YOU PLEA THAT YOU MAY BE SUBJECT TO POST RELEASE CONTROL. IN FACT, IN CERTAIN CIRCUMSTANCES IT IS UP TO 5 YEARS.

ANYWAY, I WOULD PURSUE COUNSEL TO LOOK AT WHY AN ADDITIONAL 4 MONTHS WAS SERVED.

PAT DICHIRO

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2 Answers | Asked in Criminal Law and Divorce for Ohio on
Q: Is it legal to track someone if you’re are married but living apart? Does being married make a restraining order hard?

My dad and stepmom are married but living separately. She is everywhere we go. She messes with my dads car by sticking nails in his tires and messing with where our mail is being sent.

Patrick DiChiro
Patrick DiChiro answered on Jan 27, 2019

I WOULD BE VERY CAREFUL. IF YOU DECIDE TO FOLLOW SOMEONE OR PLACE A GPS ON THEIR CAR, YOU COULD BE CHARGED WITH MENACING BY STALKING.

I WOULD PURSUE OTHER MEASURES SUCH AS BUYING A CAMERA/SECURITY SYSTEM. IF YOU WANT TO GO ONE STEP FURTHER, HIRE A LICENSED PRIVATE DETECTIVE.

BEST...
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1 Answer | Asked in Criminal Law for Ohio on
Q: What does “absent with leave” mean in asking the county judicial/probate department about an inmate’s status?

Following an inmates judicial trial, in which she said she said she was going to be released into a re-entry program. I received a message stating she is absent with leave

Patrick DiChiro
Patrick DiChiro answered on Jan 27, 2019

WITHOUT KNOWING MORE, I BELIEVE THAT THE PERSON WAS NOT PRESENT IN COURT BUT HAD PERMISSION TO NOT BE PRESENT. THAT IS WHAT "LEAVE" MEANS. WITH PERMISSION OF THE COURT.

PAT

2 Answers | Asked in Criminal Law for Ohio on
Q: I was arraigned on a felony 2 bond set 10,000 indicted felony 3 bond 15,000 on same structure why did bond increase?
Patrick DiChiro
Patrick DiChiro answered on Jan 27, 2019

THERE ARE A LOT OF FACTORS. MOST COUNTIES HAVE A BOND COMMISSIONER WHO EVALUATES THE DEFENDANT AND DETERMINES WHAT THE BOND SHOULD BE. HE OR SHE LOOKS AT MANY THINGS SUCH A PRIOR CRIMINAL HISTORY AND THE SEVERITY OF THE CURRENT CHARGE, AMONG OTHER FACTORS.

IT IS POSSIBLE THAT IF YOU...
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2 Answers | Asked in Criminal Law for Ohio on
Q: First OVI, no criminal record, no history with alcohol or drugs, any way to plead to lesser charge?

I willingly submitted to blow, I know it was high, just not exact and they pulled me over for a civilian call to police (not 911) for me going slightly over a center line but then the police just followed me for a bit without their lights on (so I didnt realize they were following me specifically)... Read more »

Patrick DiChiro
Patrick DiChiro answered on Jan 27, 2019

THERE ARE A LOT OF FACTORS TO CONSIDER WHETHER YOU ARE ELIGIBLE FOR A REDUCTION. DID YOU BLOW? IF SO, HOW HIGH? DID YOU REFUSE? HOW DID YOU DO ON THE FIELD SOBRIETY TESTS? WHAT WAS THE REASON FOR THE STOP?

IN ADDITION, THE COURT YOU ARE IN IS ALSO A FACTOR.

IT DOES HELP THAT IT...
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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Ohio on
Q: Hello I'm trying to look my name up for previous court cases that I had. But I never attended. Anyway I can get help?

So I can start by taking the necessary steps to get back on track. Thank you.

Patrick DiChiro
Patrick DiChiro answered on Jan 27, 2019

YES. WE CAN DO THAT. CALL THE OFFICE AT 216-642-0424 ASK FOR ME OR MY LEGAL ASSISTANT JOHN. IF WE ARE NOT THERE WE WILL CALL BACK.

WE WILL LOOK THEM UP FOR YOU AND THEN YOU CAN DETERMINE WHAT YOU WANT TO DO AND IF YOU WANT TO RETAIN US.

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3 Answers | Asked in Criminal Law for Ohio on
Q: what should I do if charged with felony possession of drugs and Theft when I never possessed them?

A UPS delivery driver said I signed for prescription meds when I didn't and now I'm facing charges felony possession of drugs and Theft how do I beat the case

Patrick DiChiro
Patrick DiChiro answered on Jan 24, 2019

FIRST OFF, GIVE NO VERBAL OR ORAL STATEMENTS. IF YOU ARE INDICTED, FIND OUT WHAT THEY HAVE FIRST BEFORE YOU SET UP YOUR DEFENSE. OBTAIN COUNSEL TO DO THIS. BEFORE YOU START ARGUING YOUR CASE, FIND OUT WHAT THEY HAVE. THINK OF THIS AS A POKER MATCH, WOULDN'T YOU LIKE TO KNOW WHAT YOUR OPPONENT... Read more »

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