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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »
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... Read 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... Read 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... Read 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,... Read 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.... Read more »
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
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
the state is willing to run their time concurrent to the feds. how do we make sure he does his time in the feds
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.
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?
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 »
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 »
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 »
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
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;... Read more »
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
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