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Questions Answered by Roger Bouchard
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... View More

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 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... View 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... View More

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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... View 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 DUI / DWI for Ohio on
Q: What if you are sent to the wrong county, for which the offense occurred?

I was pulled over for minor traffic offenses and charged with a ovi. It happened in a town with multiple countys. The cop put the wrong county on my ticket and then the mayors court judge asked me what county it was in so I said what's on the ticket, knowing it was definitely the other county.

Roger  Bouchard
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Roger Bouchard
answered on Nov 11, 2023

Retain an attorney and have them try to have it dismissed. They have to prove you were in the County on the ticket when you received the DUI. They are not able to if you are correct.

Good luck!

2 Answers | Asked in Domestic Violence for Ohio on
Q: My son (15) victim of DV was subpeoned. Does he have to show up to court?

My son was subpeoned for a dv case with my former boyfriend. He does not want to testify. He exaggerated the story and has since admitted it, and that he did swing at my ex. There was a children service case on this matter that was dropped, but the school cop decided to still press charges. Can he... View More

Roger  Bouchard
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Roger Bouchard
answered on Oct 19, 2023

Yes, if he was subpoenaed he has to show. He does not have to testify, but the court may go forward without his testimony based on alleged facts of case via law enforcement.

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1 Answer | Asked in Criminal Law, Divorce and Domestic Violence for Ohio on
Q: Can a temporary protective order in the state of Ohio go on your criminal record
Roger  Bouchard
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Roger Bouchard
answered on Aug 12, 2023

No, TPO is for potential crime prevention. It is not a “crime “.

1 Answer | Asked in DUI / DWI for Ohio on
Q: Can I still test to apply and get to obtain a CDL license in Ohio with multiple DUI offenses?

All misdemeanor offenses. Last offense was in 2008.

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jul 27, 2023

Unfortunately, just one drug violation prohibits you from obtaining a CDL in Ohio.

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Ohio on
Q: Can a judge plea not guilty for you, I challange this and she acknowledged
Roger  Bouchard
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Roger Bouchard
answered on Jul 13, 2023

Judges only accept or deny pleas. They do not make them. The defendant is the only one who can plea to their guilt or innocence.

1 Answer | Asked in Criminal Law for Ohio on
Q: Im witness in domestic battery, I want to send letter to prosecutor, my report was not all correct do I need to notarize

Does the letter need to be notarized. I didn’t actuall see what happened, was listening to boyfriend and wrote what he said

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jun 18, 2023

No.

1 Answer | Asked in Criminal Law for Ohio on
Q: Can someone be convicted of drug trafficking if they have no video/audio/text/or phone calls or eye witnesses..

The informant never saw the accused nor did he see any money or drug transaction.. they only have a detective saying he identified the accused when he pulled in the driveway..thats all he saw...can the accused be convicted??????

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jun 16, 2023

If the State has enough evidence, even if circumstantial, to prove your guilt beyond a reasonable doubt, yes.

1 Answer | Asked in Criminal Law for Ohio on
Q: I'm at my last pretrial before jury trial and my public defender is not helping me is it too late to fire him

He is not wanting to bring anything up that I found in Discovery pack where they changed from the original statement to detective statement their statements

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Mar 8, 2023

If you have a public defender, you have the right to ask the judge for a new attorney. If the judge feels that you are not being represented by your current attorney, they will usually appoint new counsel.

1 Answer | Asked in Domestic Violence, Federal Crimes and Internet Law for Ohio on
Q: What can I do legally if anything….

My ex posted an indirect threatening tiktok about shooting ur ex and recently posted a tiktok exposing my full name. Is there anything I can do seeing I don’t feel safe for me or my child now

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Feb 16, 2023

You can file for a temporary protective order stating that you are being threatened and fear for your well being from social media posts. Print them out, head to the courthouse.

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... View More

Roger  Bouchard
PREMIUM
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, 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
PREMIUM
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
PREMIUM
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
PREMIUM
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.

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