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Ohio Constitutional Law Questions & Answers
0 Answers | Asked in Civil Litigation, Civil Rights, Constitutional Law and Government Contracts for Ohio on
Q: Can I sue a halfway house for issuing a warrant when I can prove through phone records that the allegations were false?

I am a client at the Alvis House in Chillicothe. The Director (xx) has shown Me nothing but hateful contempt. Going as far as telling Me to email Her proof of Me calling the facility from My home phone while on pass, then blocking My email. I have digital proof and employee witnesses that would... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Ohio on
Q: I was sentenced for a crime yesterday. After sentencing I left court. The balif came out and said I had to do it again

Because of a recording error. The balif said "this will help you in the long run" So the judge repeated the sentance again. Double jepordy?

Bruce Boerst
Bruce Boerst
answered on Nov 14, 2024

The situation you described does not appear to raise a double jeopardy issue. Double jeopardy, protected under the Fifth Amendment, prevents an individual from being prosecuted or punished twice for the same offense after a final judgment. However, your scenario likely involves a procedural error... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Ohio on
Q: If I open my door, to answer police who are knocking at the door, can they push they're way in w/o search warrant?

Is the act of opening the front door considered an invitation to come inside? Once inside, would they have to show a search warrant apon request? Furthermore, would they have to give they're names and badge numbers apon request. Would they be required to wear vest cams while executing a bench... View More

Bruce Boerst
Bruce Boerst
answered on Nov 14, 2024

In Ohio, opening your door to police officers does not automatically grant them permission to enter your home without a warrant. The Fourth Amendment protects against unreasonable searches and seizures, and entry into a residence typically requires a warrant or the resident's explicit consent.... View More

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Constitutional Law for Ohio on
Q: The United States Court of Appeals recently remanded my case back to the Southern District Court of Ohio

The court vacated the dismissal of my 4th and 14th amendment claims against a social worker from children's Services. They also vacated the dismissal of my conspiracy claims against the social worker and a police officer who assisted the her in the warrantless entry to my home. Another... View More

James L. Arrasmith
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answered on Oct 27, 2024

I understand that you're seeking legal assistance in Cincinnati, Ohio, to help with your case involving civil rights and housing issues. Given the complexities of your situation, finding an attorney who can work on a contingency basis or offer pro bono services would be beneficial.

You...
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1 Answer | Asked in Civil Rights and Constitutional Law for Ohio on
Q: if i gave the police consent to search my phones can i revoke it and get my phones back

the police said they needed to search my phones for evidence of a crime they suspected i might have commited so i gave them consent can i revoke that consent and get my phone back. They searched me at school and found i had 9 phones on me which i owned them all and blank credit cards with nothing... View More

James L. Arrasmith
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answered on Oct 11, 2024

Yes, you can revoke your consent to the police to search your phones. If you no longer wish for them to continue searching, you have the right to withdraw your permission. However, revoking consent doesn’t mean they will immediately stop or return your phones, especially if they believe the... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Ohio on
Q: Does a 72 hour hold (OH) prevent someone from purchasing/owning firearms? Pink slip from a doctor, no judge involved.

A couple years ago I was pink slipped by a doctor to be placed on a 72 hour hold for severe anxiety. No judge was involved, I was not held passed the 72 hours, I never saw a judge or heard from an attorney. Everything was done in house by doctors and medical staff.

James L. Arrasmith
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answered on Sep 14, 2024

If you were placed on a 72-hour hold (often called a "pink slip") in Ohio due to a mental health crisis, it generally does not, by itself, prohibit you from purchasing or owning firearms. A 72-hour hold initiated by a doctor is considered a temporary detention for evaluation and does not... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for Ohio on
Q: Police pulled me over stating they didn't see my temp tag which was legally in the back window but they ran dog after

They admitted as soon as got to car tag was there and legal but then ran the dog shouldn't that have been end of stop right there case they started fishing and also admitted to targeting me for allegations that were given in past that were not ever found to be true

James L. Arrasmith
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answered on Sep 7, 2024

When the police pull you over and immediately acknowledge that your temporary tag is legal and properly displayed, the reason for the stop should be resolved. At that point, the continued detention and use of a drug-sniffing dog could be seen as extending the stop without reasonable suspicion of a... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Constitutional Law and Landlord - Tenant for Ohio on
Q: Can a halfway house keep me from going to a home that I own.

I am trying to go home on an ankle monitor, my brother lives in my home and he has pending charges so they said I can not go there on an ankle monitor and I can not go there at all while he resides in my home. So I made plans to go stay at a friend's house. I then asked the halfway house if... View More

James L. Arrasmith
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answered on Sep 8, 2024

You have the right to ask for clarification and challenge the decision if you believe it's unreasonable or not based on actual regulations. If the halfway house is saying you can't go to your own home due to your brother's pending charges, they may be following a policy aimed at... View More

1 Answer | Asked in Civil Rights, Communications Law, Constitutional Law and Gov & Administrative Law for Ohio on
Q: To what lengths can the APA and a halfway house control my ability to practice my religion?

I am a Christian. My spiritual counselor happens to be a Metaphysical pastor. My pastor was approved as a spiritual advisor by both APA and my halfway house. When he refused to divulge information about our private conversation to my PO, the APA forbade any further contact with him. Weeks later, I... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you’re facing a challenging situation where your religious rights are being restricted, which can be deeply troubling. The First Amendment of the U.S. Constitution protects your right to practice your religion, and it includes the ability to seek spiritual guidance from a pastor of... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Ohio on
Q: Son went to prison in 2016. Judge said he wouldn’t have to register. But was forced to register. Advice on transcripts?

How can I get transcripts from the court to fix my son’s situation? Part of the deal was for my son not to have to register so we didn’t worry about it. 6 years later he comes home and was forced to register. I need the transcripts from the hearing in the court room where my son was sentenced... View More

James L. Arrasmith
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answered on Aug 5, 2024

To obtain the transcripts from your son’s court hearing, start by identifying the court where the sentencing took place. You can usually find this information on any paperwork related to his case. Once you know the court, visit their website or contact the clerk's office directly for... View More

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Gov & Administrative Law for Ohio on
Q: What can I use against CPS that they can't loophole out of?

I lost custody of my son but still maintain my parental rights. Custody was granted to his grandma but she has lost custody of him twice. The first time she tried to kill herself, followed the case plan and got him back and then accidentally recorded a message on the Casas voicemail telling my son... View More

James L. Arrasmith
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answered on Jul 21, 2024

You can start by gathering all evidence that demonstrates your efforts to maintain contact and the barriers you've faced, including the recorded voicemail and any documentation of missed visitations due to the grandma's interference. Present this evidence clearly to the court and insist... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Domestic Violence for Ohio on
Q: Was I falsely imprisoned for a week

Was arrested July 4th 5:00 p.m. supposed domestic violence held until Monday 3:00 p.m. when I was told no charges were ever filed

James L. Arrasmith
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answered on Jul 21, 2024

It sounds like you experienced a troubling situation. Being arrested on July 4th for supposed domestic violence and then held until Monday without any charges being filed raises serious questions. Generally, if no charges are filed, holding you for that long could potentially be considered false... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Ohio on
Q: How do I file a civil suit against a police department and those that made a false report?

I was reported to the police department that I had pointed at gun at a citizen that was not true. I was approached by several officers with their guns drawn. It was discovered that I had never had a gun and that those that reported that I did reported it because of my race. The officers then... View More

James L. Arrasmith
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answered on Jun 29, 2024

I understand this is a serious and sensitive situation. To file a civil suit against a police department and those who made a false report, you should consider the following steps:

1. Document everything: Gather all evidence, including the body cam footage, arrest records, dismissal...
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1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Ohio on
Q: I’m 18 am I allowed to open carry a pistol givin to me and carry it in my car unloaded and put in trunk
James L. Arrasmith
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answered on Jun 15, 2024

In the United States, firearm laws vary significantly by state, so it's crucial to know the specific laws in your state regarding open carry and transportation of firearms. Generally, federal law allows individuals 18 years and older to possess a handgun, but states have their own regulations... View More

2 Answers | 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
Nicholas P. Weiss
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answered on Jun 26, 2024

Your claim is going to be for publication of private facts. Seek out a defamation attorney.

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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

James L. Arrasmith
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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?

James L. Arrasmith
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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

James L. Arrasmith
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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

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