Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Linda Malek
1 Answer | Asked in Criminal Law and Municipal Law for Ohio on
Q: What does “bind over pw sent to cpc*LO” mean?
Linda  Malek
PREMIUM
Linda Malek pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2023

A bind over is where a defendant has been charged with a felony. The case begins in the municipal court or lower court and is ‘bound over’ to the CPC or Common Pleas Court. Remember that municipal courts can only hear misdemeanors not felonies. Felonies are in the jurisdiction of the Common... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Why would we continued arraignment court date?

Son is 18yrs old went to court for underage consumption in Ohio, (was only carrying 12pk of beer not drinking) met with the public defender before court who went into court for him and came out said you were given a diversion program. So you will need to pay court costs and take an online class... View More

Linda  Malek
PREMIUM
Linda Malek pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2023

Arraignment dates may be continued because all the evidence has not been brought into the prosecutor’s, by the officers who give them then tickets , so they may need more time. Often, we receive an initial charge, but sometimes all the facts aren’t there to charge further, there can others... View More

1 Answer | Asked in Small Claims for Ohio on
Q: My ex Has been moved out. Over 3 years It's been in text and person for her to come get her belongings can she sue me
Linda  Malek
PREMIUM
Linda Malek pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2023

Hello. Always take a look at your written lease as that governs a lien Aunt agreement, and what each party can do. Usually there would be a clause in that agreement discussing abandonment of property. It seems as if three years is a long time to wait to get items and therefore I would consider them... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Chgd w/fel assault & picked out of a lineup but no evidence other than a persons word but innocent. Can be found guilty?

Did not commit a crime but someone is mad at me and is retaliating by saying I was the one who beat him up but I didn’t. He picked me out of a photo lineup. Wondering if I stand a chance even though I didn’t do anything.

Linda  Malek
PREMIUM
Linda Malek pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2023

When it comes to a phone lineup there is a procedure that has to be followed before the line up can be considered reliable. The line-up procedure is governed by O. R.C. 2933.83. The procedures purpose is preventing suggestive methods when picking out a suspect.

Any law enforcement agency...
View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Ok I'm charged what it says online is f5 agg poss of drugs and fentanyl compound is a f5 now on the police report it say

Says f2 on the agg poss of drugs 19.4 grams now they claim the box of drugs was in tge fliir board but if it was then i couldn't have flipped the numbers on the lock box bc of all my bags and coat and shoes were in floor and the weed Amit to but that was in cup holder tge law never asked me... View More

Linda  Malek
PREMIUM
Linda Malek pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 6, 2023

I am sorry about your situation. The best way to handle a drug case such as this is to find a defense lawyer that is able to access whether a Motion to Suppress needs filed. See if BCI is able to fingerprint any of the evidence to see whether your prints are on them, because if not, that might be... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: My daughter died 6 years ago , she was being taken from jail from court in a suv driven by probation officer ,

She also had 2 other probation officers in car

She was handcuffed , seat belted in and managed to jump from car on way to jail . She was lifeflighted from scene and pronounced brain dead after waiting to hear from lawyers I hired I had I contacted they said they could not take case ,... View More

Linda  Malek
PREMIUM
Linda Malek pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 20, 2023

I am so sorry that you lost your daughter. What a terrible story. Unfortunately, there is a 2 year statute of limitations according to my colleague regarding these types of cases. You are unable to file the lawsuit because of this. Again, I am so sorry to hear this.

1 Answer | Asked in Criminal Law and Municipal Law for Ohio on
Q: I had an arragiment hearing and I had to reschedule due to covid i was still positive today and the courts issued a warr

Issued a warrant for my arrest even though I am still testing positive today and I've been calling all morning to try and contact someone to alert. But they returned my call and said they can't reschedule it again due to covid even though I'm still testing positive

Linda  Malek
PREMIUM
Linda Malek pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2023

Were you able to show/send proof from the test that you are positive? I can’t believe that with proof sent to the court that they would put themselves and others in jeopardy. I would hire a lawyer and give them the proof that you actually did have covid and have the lawyer draft a legal motion... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.