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Ohio Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Federal Crimes and Civil Rights for Ohio on
Q: How can a probationer have the same probation officer?

If a person was on probation for a municipal case and their probation revocation is being appealed currently and one of the issues raised in the appeal are of the probation officers actions. The probationer also had a common pleas case with the same jurisdiction and was currently sentenced to... View More

James L. Arrasmith
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answered on Aug 31, 2024

It is understandable to be concerned about having the same probation officer when there are pending issues related to their conduct in a previous case. The assignment of the same officer can create a situation where you feel there might be bias or unfair treatment, especially if their actions are a... View More

1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: I was charged with possession of cocaine even though it was not in my possession or near me

The owner of the car said it was mine how can I be charged . It says in the report I was in possession of it

James L. Arrasmith
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answered on Aug 31, 2024

Being charged with possession of cocaine even when it wasn't physically on you can be frustrating and confusing. In these situations, the law often considers "constructive possession," which means you could be charged if the drugs were in a location you had control over, like a car... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: What are the waiting periods for expungement in Ohio for minor misdemeanor?

It was charges as a misdemeanor, but convicted as minor misdemeanor. I was told 6 months since conviction was minor misdemeanor, then was told 1 year, so I am unsure which is correct?

Tad K. Brittingham
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answered on Sep 5, 2024

The waiting period for expungement of a minor misdemeanor conviction is 6 months per ORC 2953.32(B)(1)(a)(v) .

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 Criminal Law, Tax Law, Federal Crimes and Gov & Administrative Law for Ohio on
Q: Non profit organization's purpose according to their website is to house homeless families and their children.

As well as to help reduce family homelessness. Their website is where organizations and public can donate, but they also receive state funding through grants. The issue is the shelter is mainly housed of single individuals not families, there is no where stating they house and provide funding for... View More

James L. Arrasmith
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answered on Jul 30, 2024

It sounds like the organization is not fulfilling its stated mission to house homeless families and their children, which could be a misuse of the state funding and donations they receive. This situation might be illegal, particularly if they are misrepresenting their services to obtain funds. You... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: What is the maximum supervised release federally for conspiracy to distri under 100g of heroine. What class conviction

I was a career offender (under 100 g of heroine( conspiracy to distribute) and was given 6 years supervised release on top of my sentence And it was my first time going to prison. Is 6 yrs excessive. Also what class felony is this conviction.(6th cir Northern Ohio.

James L. Arrasmith
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answered on Jul 21, 2024

The maximum term of supervised release for a federal conviction of conspiracy to distribute under 100 grams of heroin depends on various factors, including the specific details of your case and your criminal history. Generally, supervised release terms for drug offenses can range from 3 to 5 years,... 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 Criminal Law, Federal Crimes, Civil Litigation and Health Care Law for Ohio on
Q: Can Probation office enforce a (unwritten) requirement mandating disclosure of patient’s therapy records to third party?

Probation Office put in place a new (unwritten) requirement for persons in their programs to have an accountability partner. This requirement involves a process of a third party (another person) previewing/accessing a packet of documents created by a health facility that handles behavioral (group)... View More

James L. Arrasmith
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answered on Jul 21, 2024

No, a probation office cannot enforce an unwritten requirement mandating the disclosure of a patient’s therapy records to a third party without proper legal basis. Therapy records and patient notes are generally protected by HIPAA, which ensures the confidentiality of medical information. The... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Ohio on
Q: How do I get a lawyer for my husband who is being held in Miami county jail on a PV holder for invest.

He’s been held for almost two weeks. And it’s over a neighbor saying he verbally threatened them. Which is a lie.

James L. Arrasmith
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answered on Jun 21, 2024

To help your husband get legal representation while he's being held in Miami County Jail, you can take the following steps:

1. Contact the Miami County Public Defender's Office:

If your husband cannot afford a private attorney, he may qualify for a court-appointed lawyer....
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1 Answer | Asked in Criminal Law and Social Security for Ohio on
Q: Can you be charged for receiving stol in property if the police find a stolen car in front of your house but you didn't
James L. Arrasmith
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answered on Jun 19, 2024

Generally speaking, to be guilty of receiving stolen property under Ohio law (ORC 2913.51), the prosecution would need to prove beyond a reasonable doubt that you received, retained, or disposed of property of another, knowing or having reasonable cause to believe the property was obtained through... View More

1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Landlord - Tenant for Ohio on
Q: What can I do to get my belongings back from my boyfriends mother?

For context, my boyfriend and I ended up losing our home and living in his moms basement for a couple months. I found out I was pregnant and soon after, him and his mom had gotten into an argument about the way we were being treated there. (Not being able to do laundry, being accused of things we... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, here are some potential steps you could consider:

1. Document everything: Make a detailed list of all your belongings that are still at your boyfriend's mother's house, including any items of particular value or importance.

2....
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1 Answer | Asked in Criminal Law, Tax Law and Business Law for Ohio on
Q: Can I pay for a cryonics membership from donations that I will get

It’s from a website and I got it from my self paying for a radio and other listening things to advertise for my donations

James L. Arrasmith
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answered on Jun 4, 2024

I apologize, but I don't have enough context to fully understand your question or situation. It seems like you may be asking about using donations you receive from advertising on radio and other platforms to pay for a cryonics membership. However, without more details, it's hard for me to... View More

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 Criminal Law for Ohio on
Q: My ex hacked my security cameras and is blackmailing me with photos she took from it what can I do
James L. Arrasmith
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answered on Jun 10, 2024

If your ex hacked your security cameras and is blackmailing you with photos, it's important to take immediate action. Start by securing your devices and changing all passwords associated with your security cameras and other accounts. Make sure to use strong, unique passwords to prevent further... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Are there any criminal defense attorneys who will do a free in person consultation?

My lines of communication are compromised and the only guy I spoke with who would do an in person consultation wanted $500 up front which seems like a sweet deal for him. Pay him before I even know if he can help with my case...

Linda  Malek
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answered on May 1, 2024

Hello- As long as the case is a criminal case in our jurisdiction and on a subject matter that we handle, we are happy to do an in person consultation, but we just need to know that basic information to make sure we can handle the case, if need be. We do not charge for the consultation.

1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: I was in a autoparts parking lot , my car was over heating so i decided to take a nap why it cooled off. I dont drink .

A person called 911 cause they couldnt wake me( i was a sleep fir approximatly 28 minutes.)and told 911 that they didnt know what was wrong but i might be overdosed. Medics showed up and put me in the ambulance. The cops showed up and medic and cop said i admitted fentynal use(which i have never... View More

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information provided, it seems like there are several potential legal issues at play:

1. Unreasonable search and seizure: If the police searched you and your vehicle without probable cause, your consent, or a warrant, it could be a violation of your Fourth Amendment rights...
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1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: Can a police officer legally stop and ID someone because they “look young” when it is past curfew, in ohio.
James L. Arrasmith
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answered on Apr 15, 2024

In Ohio, a police officer may stop and question a person who appears to be underage and out past curfew hours. However, the stop must be based on reasonable suspicion that the individual is violating curfew laws.

Key points regarding curfew stops in Ohio:

1. Ohio has a statewide...
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1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: Criminal law question. Search and Seizure question - legitimate search or violation of 4th and 14th amendments?

A vehicle occupied by 4 occupants crashes into a stationary object. Two of the occupants are fatally injured and died on scene. The other two occupants, one being the driver, are injured and found unconscious by responding public safety officials - police, fire/rescue, and paramedics.

The... View More

James L. Arrasmith
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answered on Apr 10, 2024

This is a complex legal question involving the Fourth Amendment protection against unreasonable searches and seizures and the legal doctrine of "plain view." Here are the key considerations:

1. Expectation of privacy: The Fourth Amendment protects against unreasonable searches and...
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1 Answer | Asked in Criminal Law and Family Law for Ohio on
Q: Hi. So my son was given a tablet but his grandmother. Thus tablet was set up with his grandmother's email. I went throug

Thus tablet to ensure it was safe for him and her email had come up. I looked through it. I later deleted her account from the tablet. Is it a crime to do so?

Todd B. Kotler
Todd B. Kotler
answered on Apr 1, 2024

It is not a crime assuming your son is a minor and the e-mail account itself was not deleted in its entirety.

1 Answer | Asked in Criminal Law for Ohio on
Q: I live in ohio and the graffiti charge online says it’s a felony. some say it’s a misdemeanor, Let’s say someone was

under a bridge and was doing graffiti on a wall that has 100s of layers of graffiti and every wall has graffiti under it what would the charge be for getting caught?

Marcus A. Ross
Marcus A. Ross
answered on Mar 17, 2024

In Ohio statutorily vandalism is a felony of the 5th degree and criminal damaging is a 2nd degree misdemeanor. Based on the facts and circumstances of the alleged conduct the charge may be classified as a felony or misdemeanor in terms of the degree of the offense.

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