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Ohio Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Ohio on
Q: Can someone help me with a civil suit/personal injury/slander/defamation? My medical record was put online, public,by ex
James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry to hear that your medical records were made public by your ex. This situation can be distressing and may have significant legal implications. You have several legal options to consider.

First, you should consult with a lawyer who deals with personal injury, defamation, and...
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1 Answer | Asked in Criminal Law, Constitutional Law, Education Law and Legal Malpractice for Ohio on
Q: What do I do because my son’s lawyers did not have him evaluated. They made have decide plea of life or trial maybe deat

Memory , sensory, brain damage (epilepsy). Mentally retarded,hearing loss,barely can read depression adhd emotionally neglected, forced to go gf stabbed him,, he only. Knew to take a tv not arson or anyone was there. On video but not used. And a lawyer I’ve called dozens of times and yet he is... View More

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answered on Jun 10, 2024

It sounds like your son is in a very difficult situation, and it's understandable that you are concerned about how his case has been handled. First, you should contact another attorney immediately to discuss your concerns about his current legal representation. This new attorney can review the... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Ohio on
Q: Can police or marshalls raid all known associates of someone they are looking for in early morning hours without showing

A warrant at anytime to the residents they raided?

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answered on May 19, 2024

Police or marshals cannot legally raid all known associates of a person they are looking for without showing a warrant. The Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures, requiring law enforcement to have a warrant issued by a judge based on probable... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Contracts for Ohio on
Q: This is a whole mess, please see more information. To add on to end of More Info: police report is full of provable lies

Long story short: In October, I was arrested for what was claimed as DUS and stolen vehicle. The car never even moved. Charges were dropped, and I was let out. Few weeks later, amended to "Possessing Vehicle for Over 48 Hours" and RSP for license plate, and four DUS charges. It was a... View More

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answered on May 1, 2024

It sounds like you're dealing with a highly stressful and complicated situation. Given the complexity of the charges and the sequence of events, including the inconsistencies in the police reports and the impact on your possessions, your first step should be to consult with a lawyer who has... View More

1 Answer | Asked in Employment Law and Constitutional Law for Ohio on
Q: My coworker from first shift took my phone from my hands and then slammed it down blocking me from getting it back.

Wondering if this is legal or not

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answered on Mar 20, 2024

If your coworker took your phone from your hands and then slammed it down, preventing you from retrieving it, this behavior could potentially be considered illegal. It may fall under various legal categories such as theft, property damage, or even assault, depending on the severity of the action... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Criminal Law for Ohio on
Q: I have been on probation for 2 months longer than sentenced. Ive asked for exp. date "I'll get back to you" can I sue?

I finally found my case information today and I knew I was right. Now they changed my probation officer. At the original meeting at probation in Lawrenceburg IN I was given a paper with all info according to my conditions. On the paper it even says that my probation isn't due to end until... View More

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answered on Mar 9, 2024

Based on the information you've provided, it does seem like there is a discrepancy between the probation end date given to you by your probation officer and the end date that would be calculated based on your 870-day sentence. If you have indeed been kept on probation longer than your original... View More

1 Answer | Asked in Real Estate Law, Civil Rights, Constitutional Law and Land Use & Zoning for Ohio on
Q: What trespass and 4th amendment rights do residents in an HOA with "common" and "limited common" elements possess?

Each resident has ownership only over the interior of their unit. Each unit has a rear patio deemed a "limited common element", the use of which is reserved to that owner. All other property is considered a "common element." Each unit also has two reserved parking spaces, though... View More

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answered on Mar 1, 2024

Residents within an HOA with "common" and "limited common" elements typically have certain trespass and Fourth Amendment rights. The rear patio designated as a "limited common element" would likely be considered part of the curtilage, affording residents Fourth... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Libel & Slander for Ohio on
Q: Can I sue an after school program for making a fake report to CPS and requesting a well check?

A staff interrogated my son when I decided to remove him from the program. They asked him if my husband and I were alcoholics and if we used illegal drugs. She made a false statement and later on proceeded to call the sheriff’s department for a well check because apparently my son was being... View More

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answered on Feb 24, 2024

Yes, you may have grounds to sue the after-school program for making a false report to CPS and causing undue stress and harm to your family. The staff's interrogation of your son and subsequent false report to authorities constitute potentially defamatory actions and may be considered as... View More

2 Answers | Asked in Real Estate Law and Constitutional Law for Ohio on
Q: Do I have any recourse against a developer that sold me a building lot with poor soil conditions?

I purchased a building lot in a new subdivision in the City of Akron (Ohio). After the contractor dug the basement, we discovered the soil was not suitable to support the foundation. The remedy is to dig an additional 7 feet below the footer and fill the area with a mix of grave and concrete which... View More

Joseph Jaap
Joseph Jaap
answered on Jan 22, 2024

You would have to sue the developer asking the court for damages or to rescind the contract to get your money back. If you file a lawsuit, the developer might negotiate a settlement to avoid the cost of litigation or possible bad publicity.

Use the Find a Lawyer tab to retain a local...
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1 Answer | Asked in Constitutional Law for Ohio on
Q: Is it legal for my lawyer to call a homeless shelter to see if I am staying there or do I have privacy rights

I was told by the shelter that they were not allowed to give out my information or tell anybody that I am resigning there they cannot give out information about me. Not even that I am staying there so can a probation officer call the shelter and ask if I am there or is he allowed to just show up he... View More

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answered on Jan 21, 2024

In Ohio, as in other states, individuals generally have a right to privacy, including when staying in a homeless shelter. Shelters often have policies to protect the confidentiality of their residents, which means they typically won't disclose whether someone is staying there without their... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Ohio on
Q: If I’m gifted a pistol at the age 18, am I allowed to use it and or carry it with me or keep it in my car for safety?
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answered on Jan 16, 2024

In Ohio, the legal age for purchasing a handgun from a federally licensed firearms dealer is 21. However, there is an exception for the private transfer of firearms. If you are gifted a pistol by someone, you can legally possess and use it, even if you are 18 years old. This means you can keep the... View More

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1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Municipal Law for Ohio on
Q: Which supersedes Civil Service Rules or ORC

ORC 124.45 States that a promotion exam is valid for two years. Local civil service states that the test is good for one year and the bargaining unit contract states that Civil Service supersedes ORC 124.45-124.48

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answered on Jan 10, 2024

In situations where there is a conflict between state law and local civil service rules, the supremacy of one over the other can depend on the specific context and legal framework of the state. Ohio Revised Code (ORC) 124.45 sets the validity of a promotion exam at two years, while your local civil... View More

1 Answer | Asked in Constitutional Law and Municipal Law for Ohio on
Q: In Ohio can a uncharted city write civil service rules on firefighter promotions and hiring that contradict ORC
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answered on Jan 10, 2024

In Ohio, unchartered cities generally have the authority to establish their own civil service rules, including those for firefighter promotions and hiring. However, these rules must align with the Ohio Revised Code (ORC). The ORC sets statewide standards and regulations, and local policies cannot... View More

1 Answer | Asked in Constitutional Law, Federal Crimes and Gov & Administrative Law for Ohio on
Q: Is it legal to purchase, and not use, a fake naturalization certificate? It's only for a short film.

I have a short film in which an immigrant would display her naturalization certificate. I didn't think anything about it until I tried to find a means of attaining one and encountered a number of warnings about it.

I have no intention of using it beyond film and social media character... View More

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answered on Dec 23, 2023

Purchasing a fake naturalization certificate, even for use in a film or for social media purposes, is legally risky and not advisable. Federal law prohibits the production, sale, and possession of fraudulent government documents, including naturalization certificates. This applies regardless of... View More

1 Answer | Asked in Traffic Tickets and Constitutional Law for Ohio on
Q: In Ohio. Its a stop&id state. Do I as a passenger in a traffic stop have to id without RAS?

Also does the id have to be handed to them or can it just be displayed through the window? I have a very corrupt PD in my area.

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answered on Dec 21, 2023

In Ohio, the law regarding identification during a traffic stop can be nuanced, especially for passengers. As a passenger, you are generally not required to provide identification during a traffic stop unless the officer has reasonable suspicion (RAS) to believe you are involved in criminal... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Ohio on
Q: Is this discrimination or what

A friend of mine and myself walking to a store I have frequented the store in the past never stolen anything from this place this time I was followed by the employees approach multiple times even after pulling the money out of my pocket letting them know I'm not there to steal I just want to... View More

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answered on Dec 14, 2023

It sounds like you've had a distressing experience, and it's understandable to feel upset about being treated unfairly. If you believe you were followed and treated differently due to discrimination based on race, gender, disability, or another protected characteristic, you might have... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Ohio on
Q: If a government entity has a facebook page and they shut down everyone’s ability to comment, is that a violation of 1st

Amendment- right to free speech? It is our sheriff’s official county page and he is running again in 2024.

Thank you.

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answered on Dec 17, 2023

The issue of a government entity restricting comments on a social media platform like Facebook can be complex in terms of First Amendment rights. Generally, the First Amendment prohibits the government from limiting free speech, but the application in digital spaces, especially on platforms owned... View More

2 Answers | Asked in Personal Injury, Civil Rights and Constitutional Law for Ohio on
Q: I have multiple things going on that are winning cases for sure I have proof I deserve personal compensation so domykids

Detroit Michigan is not my location that's the one individual that's illegally on my phones internets location I screen shot this for proof I'm in ohio toledo ohio watched all day long Michigan is not my location

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answered on Dec 5, 2023

If you believe you have strong cases for personal injury, civil rights, or constitutional law violations, it's crucial to gather and organize all your evidence, including screenshots and any other documentation you have. This evidence will be key in presenting your case effectively.... View More

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1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for Ohio on
Q: Can a no contact order be issued as a judgement entry, and how long is it in effect?

In 2020 I was served with a no contact order that was entered into a case that I was not apart of and there was no hearing on the matter. As part of a CPS case against my wife for neglect of my stepdaughters, that has since been closed the judge made a judgment entry in the case of no contact but... View More

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answered on Dec 2, 2023

In Ohio, a no contact order can indeed be issued as part of a judgment entry, especially in cases related to family law or child protection matters. Such orders are generally issued to safeguard the welfare of those involved, particularly minors.

Regarding the duration of the no contact...
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1 Answer | Asked in Civil Rights, Constitutional Law and Land Use & Zoning for Ohio on
Q: How would I know if my village water company is in violation of the fair housing act?

I feel like I'm being treated unfairly by my local water company

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answered on Dec 1, 2023

To determine if your village water company is violating the Fair Housing Act, you need to consider whether their actions involve discrimination based on race, color, national origin, religion, sex, familial status, or disability. The Fair Housing Act primarily addresses housing discrimination, but... View More

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