Questions Answered by Patrick DiChiro

Q: My son is being held in jail on bond with no indictment and no charges for 3 months now.

2 Answers | Asked in Criminal Law for Ohio on
Answered on Feb 13, 2019
Patrick DiChiro's answer
THERE ARE HOLDING PERIODS AND SPECIAL RULES FOR EXTRADITION. YOU MAY WANT TO CONSULT AN ATTORNEY FOR YOUR SON.

BEST WISHES,

PAT DICHIRO

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

1 Answer | Asked in Criminal Law for Ohio on
Answered on Feb 7, 2019
Patrick DiChiro's answer
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 ORDER TO FIND YOU GUILTY OF THE CRIME.

SO, THE FACT THAT YOU DID NOT KNOW HE IS STEALING WOULD BE YOUR DEFENSE, AND YOU WOULD BUILD YOUR DEFENSE AROUND THAT.

BEST OF LUCK,

PAT...

Q: Whats the laws on Forgery and what could happen

2 Answers | Asked in Criminal Law for Ohio on
Answered on Feb 1, 2019
Patrick DiChiro's answer
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 TIME WITH EITHER, SO YOU CAN GET PROBATION. THE HIGHER OFFENSES GET A LITTLE MORE TRICKY.

I THINK YOUR BEST BET IS TO CONTACT AN ATTORNEY.

BEST OF LUCK,

PAT DICHIRO

Q: Can I get relief from weapons disability after I had my felony expunged

2 Answers | Asked in Criminal Law for Ohio on
Answered on Jan 31, 2019
Patrick DiChiro's answer
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 REFERENCES WHETHER YOU HAVE HAD AN EXPUNGEMENT. IF IT DOES NOT, THEN I THING YOU HAVE A GOOD CHANCE.

BEST OF LUCK

PAT DICHIRO

Q: First OVI, high-tier misdemeanor, no history drugs or alcohol, no criminal record, any way to reach a plea agreement?

2 Answers | Asked in Criminal Law for Ohio on
Answered on Jan 31, 2019
Patrick DiChiro's answer
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.

THAT IS JUST A FEW WAYS YOU CAN CHALLENGE THE OVI. AND IF YOUR CHALLENGE HAS SOME MERIT, YOU MAY GET A REDUCTION.

BEST OF LUCK,

PAT DICHIRO

Q: Why would someone that has served there full sentence be placed on parole

3 Answers | Asked in Criminal Law for Ohio on
Answered on Jan 28, 2019
Patrick DiChiro's answer
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

Q: Is it legal to track someone if you’re are married but living apart? Does being married make a restraining order hard?

2 Answers | Asked in Criminal Law and Divorce for Ohio on
Answered on Jan 27, 2019
Patrick DiChiro's answer
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 OF LUCK

PAT DICHIRO.

Q: What does “absent with leave” mean in asking the county judicial/probate department about an inmate’s status?

1 Answer | Asked in Criminal Law for Ohio on
Answered on Jan 27, 2019
Patrick DiChiro's answer
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

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?

2 Answers | Asked in Criminal Law for Ohio on
Answered on Jan 27, 2019
Patrick DiChiro's answer
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 PICKED UP THE FELONY 3 AFTER THE FELONY 2, THAT YOUR BOND WENT UP BECAUSE OF A NEW CHARGE. IT IS A BIT FUNNY BECAUSE THE 2ND CHARGE IS LOWER THAN THE FIRST.

THAT'S THE BEST ANSWER I CAN GIVE YOU...

Q: First OVI, no criminal record, no history with alcohol or drugs, any way to plead to lesser charge?

2 Answers | Asked in Criminal Law for Ohio on
Answered on Jan 27, 2019
Patrick DiChiro's answer
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 IS YOUR FIRST AND YOU HAVE NO OTHER OFFENSES.

PLEASE CONTACT COUNSEL WHO CAN EVALUATE YOUR CASE.

PAT DICHIRO

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?

2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Ohio on
Answered on Jan 27, 2019
Patrick DiChiro's answer
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.

Q: what should I do if charged with felony possession of drugs and Theft when I never possessed them?

3 Answers | Asked in Criminal Law for Ohio on
Answered on Jan 24, 2019
Patrick DiChiro's answer
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 HAS BEFORE YOU BET YOUR HAND!! OF COURSE.

THAT'S HOW YOU START TO DEFEND YOUR CASE. THEN, YOU FIGURE OUT HOW TO BEAT IT.

BEST WISHES,

PAT DICHIRO

Q: My car got hit in school parking lot the police said its private property it doesn't matter who is at fault

2 Answers | Asked in Car Accidents for Ohio on
Answered on Jan 21, 2019
Patrick DiChiro's answer
THEY MAY NOT BE ABLE TO CITE BECAUSE IT IS PRIVATE PROPERTY. BUT THAT DOES NOT PROHIBIT YOU FROM FILING A CIVIL LAWSUIT FOR DAMAGES. ESPECIALLY IF YOU THINK YOU WERE NOT AT FAULT.

I SUGGEST YOU CONTACT AN ATTORNEY WHO CAN HELP YOU.

BEST WISHES,

PAT DICHIRO

Q: I'm looking for attorney for two felony 5 warrants out of Fairborn Ohio. I need to find one that let me make payments

1 Answer | Asked in Criminal Law for Ohio on
Answered on Jan 21, 2019
Patrick DiChiro's answer
CONTACT THE OHIO STATE BAR ASSOCIATION 1-800-232-7124. ASK FOR LAWYER REFERRAL SERVICE.

BEST WISHES,

PAT

Q: Need lawyer that deals in Greene county Ohio felony cases that accept payment arrangement

1 Answer | Asked in Criminal Law and White Collar Crime for Ohio on
Answered on Jan 21, 2019
Patrick DiChiro's answer
CONTACT THE OHIO STATE BAR ASSOCIATION AT 1-800-232-7124. ASK THEM FOR THE LAWYER REFERRAL SERVICE. TELL THEM THE AREA YOU NEED THE LAWYER.

BEST WISHES,

PAT

Q: Can my 17 year old friend come live with me if her step mom and dad is mistreating her & cutting people out her life

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Ohio on
Answered on Jan 21, 2019
Patrick DiChiro's answer
THIS IS A BIT OF A TRICKY QUESTION.

YOUR FRIEND COULD COME LIVE WITH YOU IF HE OR SHE HAS PARENTAL CONSENT. YOUR FRIEND IS STILL UNDER 18 AND THAT MAKES THEM A MINOR, UNLESS THEY HAVE ALREADY BEEN EMANCIPATED. IN ANY CASE, IF THE PARENTS DON'T COMPLAIN THEN FINE. HOWEVER, IF THEY WANT YOUR FRIEND BACK, THEY CAN CALL THE POLICE AND STATE YOUR FRIEND IS A RUNAWAY AND ASK FOR THE RETURN OF YOUR FRIEND.

LIKE I SAID, IT IS A BIT TRICKY AND THERE ARE LOTS OF LEGAL ISSUES. SEE IF...

Q: How much can or will legal aid help you?

3 Answers | Asked in Criminal Law for Ohio on
Answered on Jan 21, 2019
Patrick DiChiro's answer
LEGAL AID IS A VERY GOOD ORGANIZATION WITH EXPERIENCED ATTORNEYS.

THEIR FEES ARE BASED UPON YOUR GIRLFRIENDS INCOME.

BEST WISHES,

PAT DICHIRO

Q: Adult autistic son is being targeted by police . He has prior incidents before and known. Had incident last week so they

2 Answers | Asked in Criminal Law and Civil Rights for Ohio on
Answered on Jan 16, 2019
Patrick DiChiro's answer
Without knowing facts of abuse claim, I would be careful in presenting any evidence to the police. Particularly, I would not offer a verbal or written statement. If you have documents that exonerate you, you may want to obtain counsel in order to negotiate with the police. I would not do it yourself.

Thank you for your communication.

Pat DiChiro

Q: If I had substances taken and tested at bci. Comes back a misdeamenor , but cops say have more to send.Can they do this?

1 Answer | Asked in Criminal Law for Ohio on
Answered on Jan 10, 2019
Patrick DiChiro's answer
If they already have the substances, they can re-send for more testing.

I'm not sure what substances you are referring to but I would not consent to giving them any buccal swab(of your mouth), blood or urine, absent them producing a search warrant for such.

I recommend you obtain counsel and not talk with anyone.

Pat DiChiro

Q: My boyfriend is being charged with aggravated assault, the incident happened around 3 months ago and the judge has

2 Answers | Asked in Criminal Law for Ohio on
Answered on Jan 10, 2019
Patrick DiChiro's answer
First off, I am not sure why the court date has been changed. But, if the matter happened when he was a minor, then he will be charged as a minor.

Aggravated Assault is a Felony of the 4th degree. Generally not serious enough to try a youth as an adult. So, that would be my take on the matter without knowing all the facts. I believe they will just treat him as a juvenile. Which means that the court has jurisdiction over him until his 21st birthday.

I hope the foregoing...

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