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Ohio Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Ohio on
Q: Can using a pocket knife in self-defense be considered carrying a concealed deadly weapon in Ohio?

In Ohio, it is legal to both open carry and conceal a pocket knife, as it doesn't become a deadly weapon until used as such, according to Section 2923.11 of the Ohio Revised Code. I carry my pocket knife primarily as a tool and have never used it in self-defense. However, to my understanding,... View More

0 Answers | Asked in Criminal Law for Ohio on
Q: Can pushing someone trying to break up a fight lead to legal trouble?

I was at a public place watching a fight between friends when someone tried to break it up. I pushed this person without causing any injuries. There were multiple witnesses, mainly friends. The person backed off and went away, but police complaints were filed related to the incident. I have been... View More

0 Answers | Asked in Civil Rights, Criminal Law and Gov & Administrative Law for Ohio on
Q: How to anonymously complaint against Ohio law enforcement for minor mistreatment?

I was involved in a mutual confrontation with an adult, but I was the only one arrested on November 23rd, 2024. During my arrest, I was questioned without an adult present, even though I was a minor at the time. Several unprofessional remarks were made by law enforcement officers involved both... View More

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Ohio on
Q: Can I take legal action for undisclosed HIV status in Ohio despite medication making it undetectable?

I recently found out that the man I was dating has HIV, and he didn't inform me about his condition initially. I discovered his medication while doing laundry, and only then did he admit to having HIV. He claims that he can't transfer it to me because he takes medication that makes him... View More

James L. Arrasmith
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answered on Apr 16, 2025

Ohio law still requires anyone who knows they are HIV‑positive to tell a prospective sex partner before any sexual activity, even if medication has driven the viral load to “undetectable.” Nondisclosure can be charged as felonious assault, a second‑degree felony that the courts have... View More

1 Answer | Asked in Civil Rights, Personal Injury and Criminal Law for Ohio on
Q: Was severely beaten while detained; need advice on legal action.

I was detained after missing a visit with my probation officer and placed in medical segregation due to the flu. During a medical evaluation, I was handcuffed and strapped to a chair, where I was severely beaten by two sheriffs and two corrections officers. This resulted in a knocked-out tooth,... View More

James L. Arrasmith
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answered on Apr 12, 2025

I'm really sorry you went through something so violent and traumatic. What you described could amount to excessive force, and you may have grounds to take legal action for the injuries you suffered while in custody. The fact that you were restrained, ill, and then beaten by officers makes this... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Ohio on
Q: Is it indecent exposure if I believed I was in a secluded area and later discovered a trail camera recorded me?

I was in what I believed to be a secluded area off the side of a public roadway, confident that no one could see me, although a trail camera captured the scene. A game warden attempted to cite me for indecent exposure and asked to meet me at the park at night, which I thought was a bad idea. Since... View More

James L. Arrasmith
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answered on Apr 12, 2025

In many cases, indecent exposure involves exposing your private parts in a public place or where others could potentially see you. Even though you believed the area was secluded, the presence of a trail camera might complicate matters. Trail cameras are often used to monitor areas, and the footage... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: how to beat a domestic violence case with charges M1 dv and F2 felonious assault when you were just defending yourself a
James L. Arrasmith
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answered on Apr 12, 2025

In a case like yours, where you're facing charges for domestic violence and felonious assault, your defense strategy may rely on proving that you were acting in self-defense. Ohio law allows for self-defense if you reasonably believe you are in imminent danger of harm and that the force you... View More

1 Answer | Asked in Constitutional Law, Federal Crimes and Criminal Law for Ohio on
Q: Can police use evidence from an alternate address for federal charges?

I tipped off the police about a suspected drug house but provided the wrong address. The police searched another address and found video recordings from that location showing controlled buys. Although no arrests were initially made, the individuals involved were charged federally two years later... View More

James L. Arrasmith
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answered on Apr 12, 2025

In a situation like this, the police can potentially use evidence from the alternate address if the search was legally conducted. Even though the tip you provided had the wrong address, the search at the other location may have been carried out with proper authorization, such as a search warrant or... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Ohio on
Q: How can I enter witness protection due to threats and a pending trial in Ohio?

I am seeking information on entering witness protection due to a serious threat to my safety. I was almost murdered approximately three to four years ago and reported the incident to the police. Additionally, I am involved in a criminal case where I am innocent of the charges, but the case is going... View More

James L. Arrasmith
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answered on Apr 12, 2025

If you’re facing serious threats to your safety and are concerned about your well-being due to a pending trial, the first step is to speak with law enforcement or your attorney about your concerns. Law enforcement can help assess the nature of the threats and may be able to offer protection... View More

2 Answers | Asked in Civil Rights, Gov & Administrative Law and Criminal Law for Ohio on
Q: Can police take non-controlled medication during a traffic stop in Ohio?

During a traffic stop in Mansfield, Ohio, a police officer took my prescribed medications from a bag because I lost the bottle lid. The medications are neither controlled nor scheduled substances. The officer did not provide any receipt or explanation for taking them, and no citations or charges... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Apr 3, 2025

You should contact an attorney in your area who is familiar with local police custom, but you can first try the police department where the officers were dispatched from. It is not a violation typically for them to seize unbottled pills to verify them.

Depending on local practice, they may...
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1 Answer | Asked in Real Estate Law, White Collar Crime, Landlord - Tenant and Criminal Law for Ohio on
Q: Is it blackmail or extortion if a property owner threatens to sell after payment refusal?

I have been living on a property owned by my relative for 20 years, during which I paid all property taxes, including back taxes. Recently, after receiving a damage claim unrelated to the property owner, I was threatened to give half of the claim money to the property owner or face eviction. When I... View More

James L. Arrasmith
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answered on Apr 12, 2025

In this situation, the threat to force you to give half of the damage claim money in exchange for avoiding eviction could potentially be classified as extortion. Extortion generally involves coercing someone to provide money or property under threat of harm, such as eviction in your case. If the... View More

1 Answer | Asked in Cannabis & Marijuana Law, Education Law and Criminal Law for Ohio on
Q: Facing court for edibles on school grounds; awaiting updates

I am facing a court case because I was found holding edibles on school grounds, and a friend took some after I told him not to. The school has not communicated with me about the incident, and I've been waiting for any updates since February. I have legal representation. What should I expect in... View More

James L. Arrasmith
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answered on Apr 12, 2025

In your situation, you should expect the legal process to unfold over time. Since you have legal representation, they will be your primary point of contact for updates on the case. It’s common for court cases to take some time, so it might feel like you're waiting, but your lawyer can help... View More

1 Answer | Asked in Civil Rights, Civil Litigation, Constitutional Law and Criminal Law for Ohio on
Q: How can I legally challenge systemic targeting and ensure evidence preservation in Ohio?

I have extensive documentation proving systematic targeting and misconduct by the Marion Police Department, CPS, the sheriff's department, and Marmet, including records manipulation, evidence withholding, and obstruction of justice. On the day of my unlawful arrest, I was ambushed by... View More

James L. Arrasmith
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answered on Apr 1, 2025

To address the alleged misconduct by Marion law enforcement agencies, you should immediately file a motion for preservation of evidence in the relevant courts, explicitly listing all documents, digital records, body camera footage, and communications that must be preserved. This legal mechanism... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Gov & Administrative Law for Ohio on
Q: Time to report being recorded by secret camera and legal actions possible.

I was spied on by my sister's boyfriend, who used a secret camera to record me changing in May 2024. He admitted to the recording, but I have no physical evidence. I have not taken any steps yet regarding this incident and do not know if the recording was shared with others. How long can I... View More

James L. Arrasmith
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answered on Apr 12, 2025

You should report the incident as soon as possible, as there are laws against voyeurism and unauthorized recording. In many jurisdictions, you have a limited time to file charges, but the sooner you act, the better the chances of law enforcement gathering evidence before it disappears. The police... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Can a 14-year-old in Ohio visit her 18-year-old boyfriend's family without legal trouble?

I'm a 14-year-old dating an 18-year-old in Ohio. We've been in a relationship for over a year, and we have a 3 1/2-year age gap. My mom doesn't want me visiting his family's house and insists we only meet in public, fearing legal issues. We're not engaging in any sexual... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Ohio, a 14-year-old can legally visit her 18-year-old boyfriend's family, provided there is no sexual activity involved. Ohio law prohibits sexual conduct with individuals under 16, but dating and non-sexual interactions are not illegal.

However, parental consent plays a...
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1 Answer | Asked in Criminal Law and DUI / DWI for Ohio on
Q: Length of intervention for firearm felony and DUI.

My boyfriend was charged with a count 5 felony for improperly handling firearms in a motor vehicle and had a DUI in 2019. The court decided on a lieu of conviction intervention lasting no less than 1 year and no more than 2 years. He must check in regularly with a parole officer and adhere to... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s good that your boyfriend was offered intervention in lieu of conviction—it means the court is giving him a second chance if he follows through with all conditions. The program typically lasts **at least one year**, but whether it ends at that point depends heavily on how well he complies... View More

1 Answer | Asked in Car Accidents, DUI / DWI and Criminal Law for Ohio on
Q: Will I be charged with a DUI in Ohio after crashing into a pole while intoxicated but not cited initially?

I was involved in a car accident where I struck a pedestrian caution pole. I was drinking and driving but wasn’t cited for it. At the hospital, they confirmed I was intoxicated. The only charges I received at the crash site were for no seat belt, lack of full attention, and driving on the curb.... View More

James L. Arrasmith
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answered on Apr 12, 2025

You're asking a really important question, especially with your court date coming up soon. Just because you weren’t cited for a DUI at the scene doesn’t mean charges can’t still be filed. In Ohio, DUI charges (also called OVI—Operating a Vehicle Impaired) can be filed later if law... View More

3 Answers | Asked in Criminal Law, Child Custody, Family Law and Legal Malpractice for Ohio on
Q: Conflict of interest with law firm representing family in Ohio custody cases?

I was assisted by a lawyer at a firm in a criminal case, while a different lawyer from the same firm represented my parents in a custody case for my son. This firm also represents my brother and now represents my daughter, who is trying to take custody of my son. This has all occurred since 2013. I... View More

Nicholas P. Weiss
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answered on Mar 19, 2025

Possibly, but if the family law attorney has been partitioned off from anything in your criminal side, it likely would not constitute a conflict. If you are concerned, you can seek removal of the opposing counsel on the basis of conflict of interest.

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1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: Ex-girlfriend threatens false accusations of theft after a breakup.

I recently ended a relationship with my ex-girlfriend, whom I met about 3 weeks ago. She is now threatening to falsely accuse me of stealing money she willingly sent to my bank account for clothes she bought me. I have written evidence of her threats through text messages. I was released from... View More

James L. Arrasmith
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answered on Mar 24, 2025

This situation sounds incredibly stressful, especially given your recent release. The text messages with her threats are valuable evidence—immediately back them up by taking screenshots, emailing them to yourself, and storing them in a secure cloud location. Also gather any bank statements or... View More

2 Answers | Asked in Criminal Law and Civil Rights for Ohio on
Q: Can I be charged for sending a threatening text as a first-time offender?

I'm a first-time offender who sent a text message saying I'd beat up someone and her friends. She filed a police report against me. This person has been talking negatively about me for over a year, causing issues where I lived, which led me to move. A police officer has contacted me... View More

Paul J. Siegferth Jr.
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answered on Mar 15, 2025

Hello, charges are possible depending on the language in the text and/or whether or not you’ve been told to not contact the receiver of the text message.

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