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
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
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
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
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
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
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
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
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
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
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 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 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
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
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
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.
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