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Questions Answered by Patrick DiChiro
1 Answer | Asked in Criminal Law and Communications Law for Ohio on
Q: How do I present evidence to the court that proves I'm innocent?

Telephone harassment

Patrick DiChiro
Patrick DiChiro
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.... Read more »

2 Answers | Asked in Criminal Law for Ohio on
Q: If someone totalled my car going 115 over a hill while impaired on drugs and alcohol, and runs from the scene…

Would the cops charge him or would I have to charge him? They have evidence I wasn’t the only person in the car and in the accident report I am the passenger. He also called his mom and said he x up

Patrick DiChiro
Patrick DiChiro
answered on Feb 9, 2022

The Police should charge him if they catch him. It would not hurt for you to file a police report too. But if the police were on scene and chasing him, they will charge him.

Hope you are well.

Pat DiChiro

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1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: my boyfriend is in primary state custody. he is getting sentenced by the feds on the 9th and then sentenced by the state

the state is willing to run their time concurrent to the feds. how do we make sure he does his time in the feds

Patrick DiChiro
Patrick DiChiro
answered on Jan 29, 2022

The prisons will work this matter out. But it’s most likely he will do his federal time first in any state time will run concurrent with that. If he has additional state time after his federal time then he will go to state prison if not he will be straight released from federal prison.

1 Answer | Asked in Car Accidents for Ohio on
Q: I was in a car accident which I was found not at fault for (rear ended at stop light)

The other parties insurance company is only paying 11,000 dollars. I still owe 14000 on the car and am left with a 3000$ bill and no vehicle. Do I have any options or am I stuck with this?

Patrick DiChiro
Patrick DiChiro
answered on Jan 28, 2022

You can always sue the other party as long as you do not sign a release. I would also contact your insurance company and notify them of the accident. Furthermore, I don't know if you bought GAP insurance when you bought your car. If you did, then it would cover the difference. If you are... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Ohio on
Q: Is there a way to expunge or seal the Felony DUI in Ohio? If not Is there a way to reduce the felony to Misdemeanor.

I've come to the conclusion I cannot expunge a DUI in the state of Ohio. Therefore, I was asking if I could reduce the Felony that came along with it. Maybe try to get it reduced to misdemeanor? Keep the DUI but get rid of having to put I was convicted with a felony. This is felony is from... Read more »

Patrick DiChiro
Patrick DiChiro
answered on Jan 15, 2021

If you are referring to reducing a felony OVI, yes there is a possibility of doing that WHILE the case is pending. The same is true for other felonies. However, after you have already been convicted, you cannot obtain a reduction because you have alread plead and been sentenced. Your case is... Read more »

2 Answers | Asked in DUI / DWI for Ohio on
Q: Can I expunge, seal, or non-disclosure a felony dui i was charged with years ago?
Patrick DiChiro
Patrick DiChiro
answered on Jan 12, 2021

NO. PURSUANT TO OHIO REVISED CODE SECTION 2953.36(A)(2), A DUI IS NOT CAPABLE OF BEING EXPUNGED.

SORRY TO PASS THIS ALONG.

PAT DICHIRO

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1 Answer | Asked in DUI / DWI for Ohio on
Q: Have a DUI on record. Recently got an OWI. Trying to obtain liscense to be able to drive to work?
Patrick DiChiro
Patrick DiChiro
answered on Jun 3, 2020

Okay. It appears that you recently got an OVI not OWI. So you are eligible for driving privileges as follows:

1) IF this is your first in 10 years, then you can obtain driving privileges after 15 days if you took the breath test and tested over, if you refused the test, then it is 30 days;...
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1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for Ohio on
Q: Being arrested and held for 19 days without arraignment.... Is this a violation of due process?
Patrick DiChiro
Patrick DiChiro
answered on Dec 20, 2019

YES. UNLESS THERE IS SOME OTHER TYPE OF DETAINER ON YOU LIKE A PROBATION VIOLATION HOLD OR PAROLE VIOLATION HOLD.

BEST WISHES,

PAT DICHIRO

1 Answer | Asked in Criminal Law for Ohio on
Q: Is it legal for a Arkansas to extradie some one for a battery charges from. Ohio
Patrick DiChiro
Patrick DiChiro
answered on Dec 20, 2019

If they go through the proper process, yes. I find that most states will extradite on Felonies. They most likely will not extradite on a misdemeanors. So if the battery charge is a felony, I feel there is a strong possibility of extradition.

Best Wishes,

Pat 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...
Read more »

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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