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Questions Answered by Roger Bouchard
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 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.

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... View 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... View 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,... View More

1 Answer | Asked in Domestic Violence for Ohio on
Q: My ex filed a domestic protection order against me but admitted at the hearing there has never been abuse or threats?

We had our court hearing yesterday and the judge asked explicitly if I have ever threatened her with violence or hit her an she said no multiples times. Will the case be dismissed. We are supposed to get a letter in the mail.

Roger  Bouchard
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Roger Bouchard
answered on Aug 18, 2022

Most likely as no harm no foul.

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Domestic Violence for Ohio on
Q: I am looking for a lawyer who will prosecute up to 3 union county deputies.

I apologize if this goes to Akron its fighting me to send this to Marysville.

Roger  Bouchard
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Roger Bouchard
answered on Jul 24, 2022

Call the UnionCounty prosecutors office.

1 Answer | Asked in Criminal Law for Ohio on
Q: Can you still get a suppression hearing if you missed the deadline for Pretrial motions?

I asked my attorney to file a motion for a suppression hearing before the deadline for Pretrial motions. I realized after the deadline that the motion was never filed. When I asked my attorney why it was not filed I was told he was under the impression I wanted to take a plea deal which I never... View More

Roger  Bouchard
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Roger Bouchard
answered on Jul 20, 2022

Yes. You have to tell your lawyer to file it ASAP and allow the layer to explain the circumstances to the judge. If you have plead already they will ask for a relief from judgment.

1 Answer | Asked in Criminal Law for Ohio on
Q: If my best friend has blackmailed and threatened me can I threaten them back
Roger  Bouchard
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Roger Bouchard
answered on Jul 18, 2022

You are better off filing a criminal charge against them.

1 Answer | Asked in DUI / DWI for Ohio on
Q: I was charged with a OVI in Portsmouth Ohio after rear ending a car in front of me.

I am diabetic and has been out of my medicine for about 2 weeks. I had stopped in Western Virginia and had drank a pint of fireball whiskey and a can of Mikes hard lemonade while I was resting and then got back on the road to Mount Gilead Ohio at about 5am. I blew a .115 on the breathalyzer but... View More

Roger  Bouchard
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Roger Bouchard
answered on Jul 15, 2022

Unfortunately not. And the amount you drank put you over the limit. Your being diabetic and drinking two high sugar cocktails does not make sense especially when you were not medicated.

1 Answer | Asked in Criminal Law and Probate for Ohio on
Q: whats thia mean it was the last entry in docket

PV WARRANT DISMISSAL - MOTION AND ENTRY TERMINATING COMMUNITY CONTROL SANCTIONS - AGE OF WARRANT This matter is before the Court on oral motion of Community Control to terminate the previously imposed sanction of community control. Court finds the Offender has not absconded or otherwise absents... View More

Roger  Bouchard
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Roger Bouchard
answered on Jul 15, 2022

This means you are no longer under any court orders. You are finished with probation. Depending on the charge you can seal it in either 1 or 3 years if it is a sealable offense.

1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: Can police seize your cell phone without a warrant in Ohio?

Someone called police and said there was a body at a house and said it was my grandson that called. It wasn’t we heard recordings and he was with me all that night.

Roger  Bouchard
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Roger Bouchard
answered on Jul 14, 2022

If the police have probable cause to believe that the cell phone was used for a crime, or contains evidence for a crime, they may seize it.

1 Answer | Asked in Criminal Law for Ohio on
Q: Where in the Ohio Revised Code is it stated that a non-certified peace officer cannot carry a firearm when on duty?
Roger  Bouchard
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Roger Bouchard
answered on Jul 13, 2022

Senate Bill 215 enacted 6/13/22 allows for "permitless" ccw. There are restrictions and I advise you to research under ORC 2923.12 to make sure you qualify. Your issue may fall under the civil liability section if someone questioned you. There are also restrictions on the types of... View More

1 Answer | Asked in DUI / DWI and Traffic Tickets for Ohio on
Q: Hello. My husband got arrested tonight about a bench warrant. Back in July 2021 he got stopped for driving under suspen

He failed to appear in court for that.

I got stopped tonight while he was a passenger. They ran his s.s number and arrested him. He has had DUI's in the past 5+ yrs ago which is why his license is suspended. He owes child support too. They said in july 2021 the truck he was driving... View More

Roger  Bouchard
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Roger Bouchard
answered on Jul 10, 2022

First of all, he is facing multiple DUI's, which, if occurred within 10 years of each other raises the penalties significantly. Then, the DUS, which is a blatant disregard of the law under DUI suspension is an M1 which carries a possible 180 days. Make sure he has insurance. The plates are... View More

2 Answers | Asked in Criminal Law, Traffic Tickets and Civil Rights for Ohio on
Q: Did law enforcement need to get a new warrant because the vehicle was transfered in my name a hr.before the search?

I bought and titled the vehicle before the search. Dont they have to get a new warrant since the target vehicle changed ownership

?

Roger  Bouchard
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Roger Bouchard
answered on Jul 10, 2022

The warrant is for the car, nit the owner. Therefore the popo does not need to get a new warrant since it was issued before the ownership was transferred.

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