Yes. The judge who is presiding over the case can impose jail time on the suspended sentence of the original/underlying conviction. In Franklin County one of the terms and conditions of probation typically requires a defendant to obey the laws of the state of Ohio and/or not pick up any new... View More

You can contact the Ohio Attorney General’s Office Consumer Fraud Division which deals with fraud and deceptive trade and sales practices by businesses like automobile dealerships and report tge fraudulent behavior. You also obviously have the option of filing a civil action against the finance... View More

Supplemental Response to discovery request means there is additional discovery the Prosecutor is providing to the Defense/Defendant as required under Criminal Rule 16 of the Rules of Criminal Procedure. This could be any tangible evidence( police report/narrative,dash cam/cruiser video,forensic... View More

In Ohio statutorily vandalism is a felony of the 5th degree and criminal damaging is a 2nd degree misdemeanor. Based on the facts and circumstances of the alleged conduct the charge may be classified as a felony or misdemeanor in terms of the degree of the offense.

Your father can file an Unauthorized Use of Property Charge or Theft charge against you if he gave you specific instructions not to use or possess the lawnmower. Unauthorized Use of Property or Theft are criminal offense(s) which can be misdemeanor or felony classification offenses based on the... View More

The Ohio Supreme Court ruled in a 2020 decision (Rodojev decision)that an expert is not required to be in court to testify about how laser speed detection units/guns work. The results of the speed laser detection unit on the speed of the motorist are admissible without the testimony of an expert... View More

Prosecutor’s have wide discretion and latitude whether there is sufficient evidence to present to a grand jury to meet the probable cause threshold for a criminal charge to be filed. In Franklin County felony criminal charges are filed through the grand jury process. Misdemeanor charges in... View More

You may want to explore if there are any grounds to file a a motion to vacate the guilty plea with the court on the basis that you did not knowingly,intelligently and voluntarily waive your right to a jury trial by entering the guilty plea.

Yes. Your Attorney is required to provide you any discovery he/she receives from the Prosecutor under Criminal Rule 16 of the Ohio Rules of Criminal Procedure which govern the discovery process. Under the rule you and your Attorney are entitled to any evidence the prosecution has which is the basis... View More

Felonious Assault is a different degree of offense than a simple assault which is typically a misdemeanor in most jurisdictions. Felonious assault is defined statutorily as an act which causes or attempts to cause serious physical harm by means of a deadly weapon or dangerous ordinance. (... View More

Although I practice in Ohio typically the terms and conditions of pretrial supervision and probation any jurisdiction expressly prohibit the use of drugs and alcohol. You are also many times required to submit to random urine screens while you are under pretrial supervision. A violation of these... View More

Typically a Judge has to feel there is sufficient probable cause to obtain a search warrant. That can be a credible statement or tip from a reliable trustworthy informant that there is criminal activity.

The investigative detective typically executes a sworn affidavit based on independent... View More

You can go to the website for the Clerk’s office (I.e. Mayor’s Court,Municipal Court,Common Pleas,Federal Court, courts of specialized jurisdiction/Probate/Bankruptcy,etc.) and obtain docket information on a pending case. You typically can go online and do a search based on your last and first... View More

In Franklin County typically the City Prosecutor’s Office will object to a warrant being set aside for a Domestic Violence and companion Assault Case. The Judges typically won’t set the warrant aside. The defendant typically has to turn him/herself into the jail, be slated, fingerprinted and... View More

Sir/Maam,

If this is an arrest warrant it can be set aside/cleared by making an appearance with Counsel who can make a request (with the prosecutor present) for the Judge to set the warrant aside. (You can show up by yourself but typically retaining counsel will allow your Attorney to reach... View More

Sir,

If you are unsure whether the surveilance video cameras will show you causing damage to the window at the McDonald's then you can arrange with the young man to pay for the damage and make full restitution based on a written estimate he gives for the costs of the repairs and/or... View More