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Ohio Criminal Law Questions & Answers
0 Answers | 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

0 Answers | 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

2 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

1 Answer | 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.

0 Answers | Asked in Civil Litigation, Criminal Law and Libel & Slander for Ohio on
Q: Can I take legal action if someone falsely accused me of burglary and got her son to lie?

I was accused of burglary, and the case was dismissed because I didn't commit the crime. The person who accused me lied, and she made her underage son witness against me. Can I take legal action to get this person in trouble for lying?

0 Answers | Asked in Criminal Law for Ohio on
Q: Does Ohio alcohol diversion program test for nicotine?

I am 20 years old and currently enrolled in an alcohol diversion program in Ohio. I have to take one drug test during my community service. The paperwork mentions that marijuana is tested, but there's no information on nicotine testing. There were no verbal instructions regarding nicotine.... View More

0 Answers | Asked in Criminal Law and DUI / DWI for Ohio on
Q: Chances of a felony 4 assault on a police officer sticking if accidental in Ohio?

I am being charged with a felony 4 assault on a police officer and misdemeanor criminal damaging. The assault was accidental, as I threw my phone across an ambulance, unintentionally striking the officer's hand. The officer is unharmed. I was intoxicated at the time, having broken a door and... View More

0 Answers | Asked in Criminal Law for Ohio on
Q: Facing drug trafficking charges with a co-defendant, question about trial strategy.

I'm facing two counts of drug trafficking and have a co-defendant in the case. My lawyer said that the prosecution wants to try my co-defendant first to secure a conviction and prevent me from providing information that might help his case. Is it common for the prosecution to proceed this way,... View More

0 Answers | Asked in Criminal Law for Ohio on
Q: Is it common for prosecution to try co-defendant first in drug case?

I'm facing two counts of drug trafficking and have a co-defendant in the case. My lawyer said that the prosecution wants to try my co-defendant first to secure a conviction, in order to prevent me from providing information that could possibly help his defense. Is this a common strategy for... View More

0 Answers | Asked in Criminal Law for Ohio on
Q: Do I need a firearms safe to store a musket if I live with a felon?

I am considering purchasing a functional musket and plan to store it in my home where I live with a convicted felon. I'm unsure if I need a firearms safe to legally own and store the musket. Additionally, there are children who occasionally have access to my home. Could you provide advice on... View More

0 Answers | Asked in Criminal Law for Ohio on
Q: Help with expungement of 2023 misdemeanor aggravated menacing in Ohio.

I'm seeking help with the expungement of a misdemeanor aggravated menacing conviction from 2023 in Brown County, Ohio. This conviction is impacting my ability to find housing and work, including being denied apartment rentals, a volunteer position, and potentially failing a background check... View More

0 Answers | Asked in Appeals / Appellate Law and Criminal Law for Ohio on
Q: Seeking lawyer for motion on excessive sentence in Ohio

I am seeking an affordable lawyer in Ohio to file a motion for someone who was given an excessive sentence. The individual was convicted of aggravated murder and aggravated robbery, although all evidence was circumstantial, and the charge should have been involuntary manslaughter. He has served 24... View More

1 Answer | Asked in Constitutional Law, Criminal Law and Gov & Administrative Law for Ohio on
Q: Can police order me out of my home in Ohio without a warrant?

My husband called the police stating that I was breaking our property. Under Ohio law, are the police allowed to order me to exit my residence to arrest me without a warrant in this situation? They accused me of causing damage but did not present a warrant when they ordered me out of the house.

James L. Arrasmith
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answered on Mar 24, 2025

In your difficult situation with police ordering you out of your home after your husband reported property damage, you should know that Ohio law gives police significant authority in domestic situations. Police do not need a warrant to make arrests in domestic violence disputes in Ohio. This... View More

0 Answers | Asked in Civil Rights, Criminal Law and Gov & Administrative Law for Ohio on
Q: How do Ohio law enforcement handle state-federal gun law conflicts in domestic violence misdemeanors?

I understand that Ohio does not restrict gun ownership for minor misdemeanor domestic violence charges, but federal laws do. How would local Ohio law enforcement handle a situation where there's a conflict between state and federal restrictions on gun ownership in such cases?

1 Answer | Asked in Criminal Law and Traffic Tickets for Ohio on
Q: What to do about a 6-year-old warrant for driving under suspension in Ohio?

I recently found out that I have a warrant from 6 years ago for driving under suspension. At the time, I was participating in a Christian-based program. Since then, I haven't had any legal issues or interactions with law enforcement, and this is the first time I've heard about the... View More

Paul J. Siegferth Jr.
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answered on Feb 22, 2025

For my clients in a similar position, I contact the court and make arrangements to bring them into court to recall the warrant. If the client is out of town, I will motion for my client to appear via Zoom. The court will then set the matter for a pretrial and I'll discuss a resolution with the... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Ohio on
Q: Can I press theft charges on police duties if they're a clear overreach?

I've asked this once or twice, got no answer. But here we go, the short version. Pulled over for a traffic stop. Was wrongfully arrested on old warrant. Officers seized the car, my laptop, phone, bunch of electronics, wallet -- everything, under the guise of "Criminal Tools". There... View More

James L. Arrasmith
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answered on Feb 2, 2025

That sounds like a serious case of overreach and potential misconduct. If the police seized your belongings without a valid reason and then sold your car without proper legal justification, you may have grounds for legal action. Wrongful seizure and the lack of due process could violate your... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Ohio on
Q: Menacing by Stalking a minor child and her family for months

My family and I have been stalked by a 47yr old man who is after our 16yr old daughter, this has been going on now since October of 2024, our first Civil Stalking Protection Order was dismissed due to me not showing enough evidence of emotional distress. This man has gone extreme lengths to get to... View More

James L. Arrasmith
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answered on Feb 9, 2025

This situation is deeply concerning, and your family’s safety must be the top priority. If this man is continuing to stalk and harass your daughter, you should immediately report every incident to law enforcement. Keep a detailed record of his actions, including dates, times, locations, and any... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Ohio on
Q: Menacing by Stalking a minor child and her family for months

My family and I have been stalked by a 47yr old man who is after our 16yr old daughter, this has been going on now since October of 2024, our first Civil Stalking Protection Order was dismissed due to me not showing enough evidence of emotional distress. This man has gone extreme lengths to get to... View More

James L. Arrasmith
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answered on Feb 9, 2025

This situation is deeply concerning, and your family’s safety must be the top priority. If this man is continuing to stalk and harass your daughter, you should immediately report every incident to law enforcement. Keep a detailed record of his actions, including dates, times, locations, and any... View More

1 Answer | Asked in Criminal Law, Civil Rights, Libel & Slander and Sexual Harassment for Ohio on
Q: I am seeking legal assistance for a serious issue involving the non-consensual sharing and threats to distribute photos

I recently sent a private photo to someone I trusted, and they shared it with another individual who is now threatening to post it publicly. This situation has caused me significant emotional distress, and I would like to take legal action against those involved under Ohio’s laws regarding... View More

James L. Arrasmith
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answered on Jan 18, 2025

I understand how distressing and violating this situation must be for you, and I want you to know that you have legal options available in Ohio. You're taking the right steps by preserving evidence of the threats and communications.

Ohio law specifically criminalizes the non-consensual...
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