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Questions Answered by Marcus A. Ross
1 Answer | Asked in Criminal Law for Ohio on
Q: Can they impose jail time on a probation violation if the new charge for the violation does not carry any jail time?
Marcus A. Ross
Marcus A. Ross
answered on Mar 16, 2024

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

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Lemon Law for Ohio on
Q: Who do I contact or what can I do about a Used Auto Dealership, trying to fraud me?

I financed a vehicle for 13,000. Everything got finializied, the Finance guy at the dealership is trying to fraud me out of money for things that dont connect with my loan or contract, is threatening me and trying to use scare-tactics to have me voluntary repo the car and still be at fault for a... View More

Marcus A. Ross
Marcus A. Ross
answered on Feb 29, 2024

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

1 Answer | Asked in Criminal Law for Ohio on
Q: What is the meaning of: SUPPLEMENTAL RESPONSE TO DEFENDANT'S REQUEST/DEMAND FOR DISCOVERY
Marcus A. Ross
Marcus A. Ross
answered on Feb 5, 2024

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

1 Answer | Asked in Criminal Law for Ohio on
Q: I live in ohio and the graffiti charge online says it’s a felony. some say it’s a misdemeanor, Let’s say someone was

under a bridge and was doing graffiti on a wall that has 100s of layers of graffiti and every wall has graffiti under it what would the charge be for getting caught?

Marcus A. Ross
Marcus A. Ross
answered on Mar 17, 2024

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.

2 Answers | Asked in Criminal Law for Ohio on
Q: can I get arrested for using something I was told I can use?

I am 18 and live with my dad. I have started mowing yards in my neighborhood and I’ve been using my dads mower. He didn’t care that I’ve been using it or wanted to. My siblings went somewhere without asking while he was working and I didn’t know and when my dad found out he told me I... View More

Marcus A. Ross
Marcus A. Ross
answered on May 13, 2023

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

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1 Answer | Asked in Criminal Law for Ohio on
Q: If a cop was standing on freeway shoulder, can he accurately use his lidar gun if two vehicles pass him by as it’s used?

I was pulled over on the freeway by a motorcycle patrolman. He was standing on the side of the freeway using his laser gun. I have on dash cam recording two vehicles passing him by as he supposedly caught me doing 75 in a 65 is there a reasonable doubt that he Could have been affected by the wind... View More

Marcus A. Ross
Marcus A. Ross
answered on Apr 18, 2023

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

1 Answer | Asked in Criminal Law for Ohio on
Q: I was charged with child endangerment felony of the 2nd and domestic violence f5. The grand jury no billed me

Since the prosecutor couldn't get a felony indictment he went for misdemeanors instead and I was indicted. Why bother with it if you couldn't get the felony indictment.

Marcus A. Ross
Marcus A. Ross
answered on Apr 9, 2023

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

1 Answer | Asked in Criminal Law for Ohio on
Q: Is it possible to request a retrial for a case I was sentenced on during covid?

I was sentenced to a disorderly conduct in 2018 which I was issued a citation, appeared before the court, entered a guilty plea for reduced sentencing which included not being incarerated for the imposed sentence. The incident was a direct result of eradict behavior not diagnosed until several... View More

Marcus A. Ross
Marcus A. Ross
answered on Apr 6, 2023

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.

1 Answer | Asked in Criminal Law for Ohio on
Q: I’m in Ohio. My Lawyer was sent Bodycam video evidence. Can my lawyer give me the video’s?
Marcus A. Ross
Marcus A. Ross
answered on Apr 3, 2023

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

2 Answers | Asked in Criminal Law for Ohio on
Q: If 2 or more people assault a single person is that consider felonius assault?
Marcus A. Ross
Marcus A. Ross
answered on Mar 24, 2023

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

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2 Answers | Asked in Criminal Law and Federal Crimes for Ohio on
Q: I'm on pretrial diversion in KY. I don't have any drug charges can I smoke marijuana?
Marcus A. Ross
Marcus A. Ross
answered on Mar 19, 2023

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

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1 Answer | Asked in Criminal Law for Ohio on
Q: In Ohio can a detective get a juvenile court Judge to sign a search warrant with hear say evidence?
Marcus A. Ross
Marcus A. Ross
answered on Mar 19, 2023

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...
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2 Answers | Asked in Criminal Law, Civil Rights and Communications Law for Ohio on
Q: If a case is pending, how do I find out?

Case information, local or moved to federal level.

Marcus A. Ross
Marcus A. Ross
answered on Aug 31, 2022

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

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1 Answer | Asked in Criminal Law for Ohio on
Q: Let friend borrow car they let someone else use it and they had no license now it's towed what can I do

I let my friend borrow my car for a couple days, and they ended up letting someone else use it and that person didn't have a liscence so my car got towed and my friend well ex friend didn't bother telling me till 3 days after it got towed

Marcus A. Ross
Marcus A. Ross
answered on May 10, 2022

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

1 Answer | Asked in Criminal Law for Ohio on
Q: How can you get a warrant cleared
Marcus A. Ross
Marcus A. Ross
answered on Dec 1, 2021

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...
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1 Answer | Asked in Car Accidents and Criminal Law for Ohio on
Q: I made a dumb decision tonight. I was waiting in a long line at drive thru late, and a kid blatently cut me off in line.

The kid ended up being 17 years old. I pulled out of line and threw a thin plastic, mcdonalds cup at his passenger window and left. He followed me even though I tried to lose him to my parents where my daughter was sleeping. He got out of his car making threats, so I grabbed a golf club and yelled... View More

Marcus A. Ross
Marcus A. Ross
answered on Nov 24, 2021

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...
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