I was a witness in a criminal trial for the defense. I went and spoke to law enforcement to advise them of what happened just prior to the alleged crime At the trial the defense attorney asked for a separation of witnesses. I was subpoenaed in the courtroom, forced to leave, and then never called... View More 
answered on Feb 15, 2024
The Answer to your question is yes. If you are a defense witness and the prosecutor knows about you and thinks there is something that you can add to his or her case, then they can add you to their witness list. The opposite is also true. Many times as a defense attorney, I put a witness that is... View More
I’m currently not working , but should I plea not guiltily or guilty .
answered on Nov 24, 2023
I always recommend pleading not Guilty. The OVI is a high level misdemeanor. A first OVI carries 6 points on your license, which will definitely affect your insurance rates. You will also get a 1-3 year license suspension. So, this is something not to take lightly. It will have an impact on... View More
answered on Jun 15, 2023
Yes, as long as the procedures are followed for an out of state subpoena. 43 states are part of a program that follow the procedures for out of state service of subpoenas. I believe that Ohio and West Virginia are part of that program.
I would check with an attorney to determine if the... View More
answered on May 12, 2023
This is a Designation allowed under Ohio Criminal Rule 16(C), which states as follows:
"(C) Prosecuting attorney’s designation of “counsel only” materials. The prosecuting attorney may designate any material subject to disclosure under this rule as “counsel only” by stamping... View More
Hi my name is Tiffany I am currently on probation for a covaence felony 3 charge I am going to court for my 2nd violation I have been to lots of programs on this charge already I have a job and been paying my fines I was supposed to get off probation this month but I messed up my job wrote me a... View More
answered on Apr 10, 2023
I believe you have done well by being clean, paying your fines and obtaining a job. But, it is concerning that this is a second violation. I am not sure you how you messed up, but the judge can: continue/extend your probation; terminate probation; or send you to jail. Since this is a second... View More
I was driving a friends car and got pulled over, they found narcotics in a jacket not belonging to me. In my hoodie I had $6800 still in the key bank envelope from where I had sold my home, I have paperwork from the house selling and bank statements from where they had just cashed a payment. I have... View More
answered on Apr 10, 2023
If you are not charged, they should not keep your money. You may have to file a replevin (return of property) action to get the money back. However, it is possible that they are still contemplating charges. So,I would gather whatever information you have, bank statements and the like, to show... View More
I had a felony drug possession charge and I asked the courts to grant my motion for intervention in lieu of conviction. They granted it and I was placed under supervision by my counties probation department and my case has been stayed. I've been complying with all court orders and this case... View More
answered on Mar 22, 2023
You are not convicted of this offense until you are sentenced. So, what happens in an Intervention In lieu case, in most courts, is that you plead to the offense. You are set for sentencing at a later date. Your case is then stayed until you complete whatever treatment or programs are required of... View More
In a custody battle. I’m close to getting my kids due to their mother being abusive. Yesterday my ex’s mother posted a video to Facebook playing a song about murdering the man who hurts her daughter. I was then sent a video of her mother saying if I got custody that basically she knows a guy... View More
answered on Jan 12, 2023
It seems threatening. But that it to be determined by police or prosecutor. Due to the serious nature of this communication, I would report it to the police. Even if they decide not to pursue it, you will have something on file. Plus, I would print/document/copy the threats. You may be able to... View More
Standing requires an injured party as complaintant so if the state of ohio filed criminal charges in common pleas if there is no injured party would the state lack standing ???
answered on Jan 12, 2023
If this is a criminal case, and the crime occurred within the State of Ohio, then venue is appropriate. The fact that there is no injured party does not make a lack of standing. For example, traffic tickets, speeding and the like, there is no injured party. But, there is a violation of the... View More
The person was arrested and released in march. Was told the court had 6 months to prove their case and the individual hasnt heard anything until almost 10 months later.
answered on Dec 27, 2023
On your summons date, you will appear and a bond will be set. So, as long as you are able to post a bond, you will not be arrested.
Best wishes,
Pat DiChiro
I have felony charge I was accused of....the cops put open warrant on me after talking to alleged victim...since I havent been arraigned or been to court at all, are marshals legally able to investigate and look for me?...or would i have to violate judge order to not leave the state before marshals... View More
answered on Nov 24, 2023
If there is an active warrant, the Marshall's could be looking for you. They will not stop until you show up to court.
Best wishes,
Patrick DiChiro
I have served 179 out of 180 days on a first degree misdemeanor I violated my probation can I be sentenced to more than one day for the violation
Butler county Ohio
answered on Jun 15, 2023
You should only have 1 more day hanging over your head if you served 179 days. However, they could extend your probation.
Best wishes,
Pat DiChiro
answered on Jun 15, 2023
If you are not free to leave, then you are considered in custody. Thus, prior to any custodial interrogation, they should give you a miranda warning (your rights).
Best wishes,
Pat DiChiro
My 13 yr old son was physically attacked by a Walmart employee, when the cop got there he said he sees what happened but it was not enough to prove the attackers maliciousness and advised me just to file a claim with Walmart. I wanted the employee charged because my son is a minor, he's... View More
answered on May 17, 2023
Maliciousness is not an element of an Assault case. All that is necessary is that you prove that a person knowingly caused or attempted to cause physical harm to another without the other person's consent. So, malice is not an element.
I hope that answers your questions. Without... View More
I understand there's false positives sometimes. Unless it's a warning or fail is this something I need to worry about ?
answered on Apr 7, 2023
I am not sure of the mechanics of a inter-lock system. However, I would not take anything for granted. I would contact the inter-lock company and have your unit checked, and document it some way. Last thing you need is to be violated for a false positive.
I wish you the best.
Patrick DiChiro
answered on Mar 24, 2023
The charge of Felonious Assault is not based upon the amount of individuals assaulting the person. It is based upon the severity of the injury.
I hope that answers your question.
Pat DiChiro
I had many issues with my neighbor in the past and have multiple emails with my apartment complex stating that. I called the police multiple times for noise complaints and they never did anything, recently she kicked my door multiple times and had a guy friend with her, i felt threatened so when I... View More
answered on Mar 22, 2023
NO. IT WOULD NOT GO ON YOUR RECORD. THIS GOES FOR A RESTRAINING ORDER OR CIVIL PROTECTION ORDER. IT MUST BE GRANTED IN ORDER TO GO ON YOUR RECORD.
GOOD LUCK.
PATRICK DICHIRO
Got my license, got married been clean 2 years, do I need to hire a lawyer to get this taken care of or is it something I can do myself
answered on Jan 13, 2023
You Could. The Judge may not like you representing yourself pro se. I think it is risky considering all your WONDERFUL accomplishments. What happens if you make a mistake because you don't know the law, and that causes you to suffer a setback? Plus, I want you to consider the following,... View More
answered on Dec 7, 2022
AS LONG AS YOU DO NOT WAIVE SPEEDY TRIAL.
BEST WISHES,
PAT DICHIRO
Telephone harassment
answered on Mar 27, 2022
This is not an easy question to answer. Presenting evidence to court is something that you learn in law school and through the practice of law. There are different types of evidence and different ways to present it. May I suggest, for a starting point, that you review the Ohio Rules of Evidence.... View More
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