Questions Answered by Brian Smith Esq

Q: If my liciense are suspended and i have a warrant how can i get the block off completly

2 Answers | Asked in Criminal Law and Traffic Tickets for Ohio on
Answered on Apr 15, 2019
Brian Smith Esq's answer
That attorney could file a motion to lift the warrant. These are frequently granted when a court sees an effort to resolve the ticket. A court may then schedule a pretrial where that attorney can work to resolve the ticket too. If the court will not withdraw the warrant, an attorney could help make arrangements to turn yourself in and resolve the ticket.

Q: How much can or will legal aid help you?

3 Answers | Asked in Criminal Law for Ohio on
Answered on Jan 19, 2019
Brian Smith Esq's answer
There are legal aid groups and there are appointed attorneys. If someone is charged with a crime, they may ask the court for an appointed attorney. Courts will typically have the person complete a financial affidavit to determine whether they financially qualify. If they do, the court will appoint an attorney to represent the person.

Legal aid groups each provide different services, often helping people who cannot afford an attorney but are not eligible for appointed counsel because...

Q: Do I owe a reinstatement fee after I complete my Intoxalock in Ohio?

2 Answers | Asked in DUI / DWI for Ohio on
Answered on Dec 20, 2018
Brian Smith Esq's answer
The Ohio Bureau of Motor Vehicles web page allows you to view your suspensions and reinstatement requirements. You may find this by searching for Ohio BMV Online Services.

Q: What to do with a payroll overpayment ?

1 Answer | Asked in Criminal Law and Civil Litigation for Ohio on
Answered on Nov 19, 2018
Brian Smith Esq's answer
It sounds like the employer deposited too much to your account. When they discover the error they can and will take the money back. you might build some good faith by letting them know of the over deposit.

Q: Backgrnd check says open warrant docket says closed w fine due what's correct?

1 Answer | Asked in Criminal Law and Traffic Tickets for Ohio on
Answered on Nov 12, 2018
Brian Smith Esq's answer
I cannot say without checking with the court. You may want to contact the court so you can talk to them about this. Or you may want to consult with an attorney for help resolving this. What I can say is that, when a warrant is issued, Ohio courts will mark the case as closed until the warrant is served/resolved. They will then re-open the case.

Q: I quit my job. Handbook says we get unused vacation benefits. Do they have to pay?

1 Answer | Asked in Employment Law for Ohio on
Answered on Oct 29, 2018
Brian Smith Esq's answer
It certainly sounds as though they would have to pay. Employers are generally held to comply with their vacation policies. A review of the entire policy should be conducted to ensure there are no exceptions.

Q: Can an employer drop your pay by 3 dollars, if you are late to work more than 3 times in 90 days of employment

1 Answer | Asked in Employment Law for Ohio on
Answered on Oct 29, 2018
Brian Smith Esq's answer
More information would be needed to fully evaluate this. The employer must pay you at least minimum wage of course. If you are protected by a contract with a wage rate, or perhaps a union contract, you might be able to challenge this. However, absent a minimum wage violation or contract violation, it is likely that an employer could adjust wage rates based on attendance.

Q: I was involved in an auto accident.

2 Answers | Asked in Car Accidents for Ohio on
Answered on Oct 1, 2015
Brian Smith Esq's answer
It sounds as though you could sue. Generally, an attorney would seek to include as many people who may potentially be liable in the suit (e.g., driver, parents, owner of car).

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