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Questions Answered by Roger Bouchard
1 Answer | Asked in Child Custody, Divorce, Family Law and Juvenile Law for Ohio on
Q: If I need to get emergency full custody of my daughter to get her out of an abusive situation, how do I go about it?

I was divorced in one county in Ohio, I live in another county in Ohio and my daughter lives in another county in Ohio different than the divorce and myself. She is in an abusive situation with her mom and her mom's family, including sexual abuse by her stepdad. I really need help and... Read more »

Roger  Bouchard
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Roger Bouchard
answered on Feb 3, 2023

You can file for an emergency custody order. Generally, your motion has to state the child is in imminent danger.

1 Answer | Asked in Criminal Law and Municipal Law for Ohio on
Q: Felonies over ride Misdemeanors is that true in Ohio I had a charge out of mayor's court but went to prison on a felony

Is that mayor's court charge still active

Roger  Bouchard
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Roger Bouchard
answered on Feb 1, 2023

Felonies do not override lesser charges. There are usually two judges, common pleas and municipal, with two separate sentences for what you were found guilty. Sentences can be run concurrent or consecutive depending on the judge and facts. If the cases are related you have a shot of getting the... Read more »

1 Answer | Asked in Criminal Law, Child Custody, Child Support and Probate for Ohio on
Q: If I'm 17 and on probation can I move out of my house if I have a stable place to move to and I stay in school as well?
Roger  Bouchard
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Roger Bouchard
answered on Jan 24, 2023

That is a question for your probation officer.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: I'm victim in DV case. Got subpoena in mail. Do I have to appear at pre-trial? Ohio

I want charges dropped. Subpoena was mailed not served. Do I have to appear at the pre-trial?

Roger  Bouchard
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Roger Bouchard
answered on Jan 22, 2023

Yes if you were subpoenaed. Some judges work on DV’s at pre trial.

1 Answer | Asked in Criminal Law for Ohio on
Q: Are gun parts in a backpack legal in ohio

No chl charges date back over ten years

Roger  Bouchard
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Roger Bouchard
answered on Jan 22, 2023

Yes. If the parts are for an illegal firearm such as an uzi that fires multiple rounds with one trigger squeeze, there may be an issue.

Otherwise, no gun permit is needed in Ohio.

1 Answer | Asked in Criminal Law for Ohio on
Q: Is it trespassing to open the door to a store you are trespassed from if you never entered. Ohio here

I open the door and ask my wife to step outside so we can speak and she did

Roger  Bouchard
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Roger Bouchard
answered on Jan 21, 2023

Trespassed from? Do you mean Stay Away order? If it’s the latter, yes it is trespassing, as the judges sheet will have a determined amount of distance you must keep from said store. Even if not, once you touch the door you are trespassing

2 Answers | Asked in Criminal Law for Ohio on
Q: Hello, I had a case in Ohio back in 2014 for child endangerment. I took a plea deal and the charge was reduced to disord

Disorderly conduct. I now have a new case in Texas for Injury to child that I'm taking to trial. The prosecutor wants to bring up my old original charge, can he do that?

Roger  Bouchard
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Roger Bouchard
answered on Jan 20, 2023

A prosecutor may bring prior convictions of dishonesty, such as fraud, or any felonies. Disorderly consumer does not fall within these, and is what you were convicted of.

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2 Answers | Asked in Domestic Violence for Ohio on
Q: domestic case where i lied about being a whitness.why are they still trying to charge me if defendant dropped case

I was a part of a domestic case where I stated to police that I witnessed said act happen. I did not and later told cops I lied. Defendant dropped domestic case but they still trying to charge me with criminal charges for filing a false report. Can they still charge me even tho case has been... Read more »

Roger  Bouchard
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Roger Bouchard
answered on Jan 18, 2023

Yes. Obstruction of Official Business is what I assume you’re charged with. At the time you committed the crime, the case was not resolved. Your statement was part of what the police relied on as evidence of DV. By lying to the police, you obstructed their investigation. Therefore your charge... Read more »

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2 Answers | Asked in Criminal Law for Ohio on
Q: Can Ohio charge me with possession felony 5 for a baggie that was more on my side of the car than the drive in a car not
Roger  Bouchard
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Roger Bouchard
answered on Jan 17, 2023

Yes. Anything in the vehicle is chargeable to everyone in the vehicle.

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2 Answers | Asked in DUI / DWI for Ohio on
Q: Granddaughter charged with underage consumption, OVI and blew .231 Would you recommend getting an attorney

This was her first offense. Commutes to college. Could she represent herself or would a court appointed attorney be wise.

Roger  Bouchard
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Roger Bouchard
answered on Jan 9, 2023

Always be represented when your freedom is at risk. There are possible favorable resolutions to your case if there are constitutional issues.

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1 Answer | Asked in Criminal Law for Ohio on
Q: If i get jail time do i have to serve it in the county the crime happened in? Can i ask to serve it in my county?
Roger  Bouchard
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Roger Bouchard
answered on Jan 3, 2023

Where you serve your sentence is determined by the correctional facility.

2 Answers | Asked in Criminal Law and Federal Crimes for Ohio on
Q: Can one co-defendant be released but not the others?
Roger  Bouchard
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Roger Bouchard
answered on Jan 1, 2023

Yes. Anyone charged with a crime that posts bail will be released regardless of co-defendants ability to post bail.

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1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: I was arrested for domestic violence and was charged with disorderly conduct. Will this keep me from purchasing a gun?
Roger  Bouchard
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Roger Bouchard
answered on Dec 17, 2022

As long as you weren’t found guilty of domestic violence, you’re good. It has to be a misdemeanor of violation to prevent purchase. If you’re steaming about her charges, I’d hold off on buying a gun.

1 Answer | Asked in Criminal Law for Ohio on
Q: Is it legal for the courts to place you into rehab before being found guilty . I live in ironton ohio

I was sentence to court november 30 2022 and November 30 2022 to rehab at hometown recovery then December 12 2022 i was sent to ovp in south point ohio then Wednesday i was told hometown would pick me up Thursday December 15 2022 at 10 am which they didn't show up and the previous day i was... Read more »

Roger  Bouchard
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Roger Bouchard
answered on Dec 16, 2022

Treatment is an option, if you qualify, as opposed to jail. It depends on your facts. First, you must plead guilty for the court to sentence you. The court can’t force you into treatment. Discuss your options with your attorney.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: What if your patinoner does not show up for court on a DV cpo?

No I'm the respondent miamisburg ohio

Roger  Bouchard
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Roger Bouchard
answered on Dec 14, 2022

Who signed the CPO?

1 Answer | Asked in Criminal Law for Ohio on
Q: How many days does the court have to bring you to trial on a misdemeanor of the fourth degree
Roger  Bouchard
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Roger Bouchard
answered on Dec 7, 2022

In Ohio, after entering a plea of not guilty, a trial date must be set no later than 30 days. You have the option to waive time and extend this provision.

1 Answer | Asked in Criminal Law for Ohio on
Q: I am worried that someone is trying to set me up by planting evidence on me to get me in trouble due to my past record.

I'm worried they may use past conversations off of a cell phone they stole from me and they have hacked into my other phones as well they have put cameras in my home and been watching me through my TV. My husband has been talking to this woman and she is the one doing this to me and he is... Read more »

Roger  Bouchard
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Roger Bouchard
answered on Nov 30, 2022

You haven’t been charged with anything. My advice to you, if this lady is invading your privacy, is file menacing charges.

1 Answer | Asked in Domestic Violence for Ohio on
Q: I made false domestic violence allegations against my husband. What will happen if I tell them I lied. I live in Ohio.

This will be my first offense. I have nothing else at all on my record. Not even speeding tickets.

Roger  Bouchard
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Roger Bouchard
answered on Oct 23, 2022

It depends on the judge and prosecutor in your court. Some prosecutors will throw the case out, judge permitting, while others will make you go to trial if need be. You are not in trouble.

1 Answer | Asked in Criminal Law for Ohio on
Q: I had run out of gas about 1/2 mile from my work. I was able to get the car in an abandoned drive but was barely out on

The road. I walked to work to get gas can and when I returned the police were there. They ran my license and came back suspended(I was unaware). They gave me about 60 seconds and said they were towing it. But I'm order to tow it they had to search it and paraphernalia and drugs were found... Read more »

Roger  Bouchard
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Roger Bouchard
answered on Oct 16, 2022

Not going to be thrown out. You need to an attorney to review for your case. Inventory search is valid when towing, which was legal due to your suspension. Knowledge of drugs and paraphernalia is not required to charge you. I recommend hiring an attorney for any possible motion to suppress issues,... Read more »

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