Questions Answered by Patrick DiChiro

Q: What would happen if I didn't stop completely I have tempts first offense

1 Answer | Asked in Criminal Law and Traffic Tickets for Ohio on
Answered on Apr 15, 2019
Patrick DiChiro's answer
It might! Some courts have programs allowing you to get your license valid. Then the repercussions are usually lighter.

Pat

Q: I have one prior of DVm1 and now facing another DVm1. Can that send me to prison?

2 Answers | Asked in Criminal Law for Ohio on
Answered on Mar 4, 2019
Patrick DiChiro's answer
Usually, a second Domestic Violence is a Felony of the 4th degree. So yes, there is a potential for prison.

Pat DiChiro

Q: What can be done if a victim disclosed to you that they knew where the weapon of thier assault had been disposed...

2 Answers | Asked in Criminal Law for Ohio on
Answered on Mar 3, 2019
Patrick DiChiro's answer
I WOULD TURN THE INFORMATION OVER TO YOUR ATTORNEY OR THE POLICE.

BEST WISHES,

PAT DICHIRO

Q: What kind of charges and or jail time and fees is he looking at?

2 Answers | Asked in Criminal Law, Traffic Tickets, Domestic Violence and Municipal Law for Ohio on
Answered on Mar 3, 2019
Patrick DiChiro's answer
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 FINE, NO JAIL, BUT A POTENTIAL OF 0-500 HOURS OF COMMUNITY SERVICE.

AS FOR THE SEATBELTY, THEY ARE USUALLY MINOR MISDEMEANORS AND CARRY ONLY A FINE.

I DO NOT DISCUSS FEES OVER THE...

Q: Is it against the law to spit in another person's face in ohio

2 Answers | Asked in Criminal Law for Ohio on
Answered on Mar 4, 2019
Patrick DiChiro's answer
yes. it is an unlawful touching of another person which can be considered an Assault.

Pat DiChiro

Q: If your wife signs her company over to one of her affiliates for free then files divorce do you have legal recourse?

2 Answers | Asked in Divorce, Criminal Law and Business Law for Ohio on
Answered on Mar 4, 2019
Patrick DiChiro's answer
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

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

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