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Ohio Criminal Law Questions & Answers
1 Answer | Asked in Civil Litigation, Juvenile Law, Criminal Law and Family Law for Ohio on
Q: I was in Lake county Ohio jail and I had a juvenile court date set for months. I notified the jail and so did my public

Defender did too and I was never taken to court. My 6 month extension wasn't granted and they gave custody to grandparents.

Todd B. Kotler
Todd B. Kotler
answered on Dec 12, 2023

I am not sure what the exact question is, but based on these facts (which do not state when this occurred) I would have the public defender (if he represents in the Juvenile action), file a notice of appeal and get counsel appointed to file an appeal. You will want an attorney to navigate the... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Ohio on
Q: What are the gun law requirements in Ohio when carrying in a vehicle for non CHL holders?
T. Augustus Claus
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answered on Dec 4, 2023

In Ohio, non-CHL holders can carry a loaded handgun in their vehicle but it must be unloaded and placed in a locked container or a compartment that is out of the immediate reach of the driver or any occupant of the vehicle.

Here are some additional details about Ohio's gun laws for...
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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Municipal Law for Ohio on
Q: Can two people legally fist fight if they both consent
James L. Arrasmith
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answered on Dec 2, 2023

In Ohio, as in many states, consenting to a physical fight does not necessarily make it legal. Even if both parties agree to a fist fight, it can still be considered a breach of the peace or a violation of public order laws.

The legal system generally discourages acts of violence,...
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2 Answers | Asked in Criminal Law and Internet Law for Ohio on
Q: Is it okay to contact the police officer for an update on my case I'm a suspect in?

My apartment was raided and electronics seized on 7/6/2022 under a search warrant under Ohio revised code 2913.04

James L. Arrasmith
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answered on Nov 27, 2023

If your apartment was raided and your electronics were seized under a search warrant, it's understandable that you would want updates on your case. However, contacting the police officer directly may not be the best approach, especially if you are a suspect in the case. Police officers are... View More

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1 Answer | Asked in Criminal Law for Ohio on
Q: Can marshals get involved if I have not had my judicial proceedings?

I have felony charge I was accused of....the cops put open warrant on me after talking to alleged victim...since I havent been arraigned or been to court at all, are marshals legally able to investigate and look for me?...or would i have to violate judge order to not leave the state before marshals... View More

Patrick DiChiro
Patrick DiChiro
answered on Nov 24, 2023

If there is an active warrant, the Marshall's could be looking for you. They will not stop until you show up to court.

Best wishes,

Patrick DiChiro

1 Answer | Asked in Criminal Law for Ohio on
Q: My ex friends emotionally manipulated me into sending them money. chief said I can be liable if I keep posting online

I met two friends online a couple of years ago. I told them that I have special needs and don't understand social cues or skills. Last year, they started asking me for money via cashapp, and venmo and I sent them it. They would send me sad photos of themselves, or keep saying please when I... View More

Nicholas P. Weiss
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answered on Nov 22, 2023

There is a lot here. I'm going to answer your question about defamation only. Truth is an absolute defense to defamation. If what you are posting is substantially true, then you cannot be held liable for defamation.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Ohio on
Q: In Ohio, my stepson's parole officer has agreed to his medicinal card, but says he's only permitted to use gummies, why?

Gummies or smoking medicinal marijuana, sold at dispenseries, has the same THC amount.

Nicholas P. Weiss
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answered on Nov 21, 2023

Under Ohio's medical marijuana statute, medical marijuana may not be smoked. It may be consumed in many other ways, but not smoking.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Ohio on
Q: I am my son's POA. Can I file a sentence appeal with the Ohio Forth District Court of Appeals for him? If so, how?
Nicholas P. Weiss
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answered on Nov 16, 2023

No. A power of attorney does not empower you to represent him in a court of law, which would include the filing of an appeal.

1 Answer | Asked in Criminal Law for Ohio on
Q: My friend was stopped in a car there was two more people in the car they found counterfeit money two guns stolen checks

In Ohio how much time will he gets

James L. Arrasmith
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answered on Nov 11, 2023

In Ohio, the severity of the potential sentence for your friend will depend on various factors, including the specific charges related to the counterfeit money, guns, and stolen checks. Each of these offenses carries its own potential penalties, and if charged with multiple offenses, these can... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Ohio on
Q: What if you are sent to the wrong county, for which the offense occurred?

I was pulled over for minor traffic offenses and charged with a ovi. It happened in a town with multiple countys. The cop put the wrong county on my ticket and then the mayors court judge asked me what county it was in so I said what's on the ticket, knowing it was definitely the other county.

Roger  Bouchard
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Roger Bouchard
answered on Nov 11, 2023

Retain an attorney and have them try to have it dismissed. They have to prove you were in the County on the ticket when you received the DUI. They are not able to if you are correct.

Good luck!

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Ohio on
Q: For an ovi, can the police take your phone and refuse To let you contact your attorney?

I was pulled over because the cop lied and said I committed a few minor traffic offenses. After he searched and found some roaches he hit me with a field sobriety and had confiscated my phone. I told him I wanna call my attorney and he refused to and told me I'm not allowed. He also never read... View More

James L. Arrasmith
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answered on Nov 10, 2023

In your situation, it's important to understand your rights. The police can temporarily confiscate your phone during an arrest to prevent tampering or destruction of evidence. However, you have the right to contact an attorney, and this should be allowed once you are in custody and the... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Ohio on
Q: Hey so if I took a 48 dollar hat from sacks. And I was caught by the store and gave info to police. could I be charged?

Also let’s say a percent was there with me at the time and had no clue. But sacks stated that it would be up to beachwood if I was to get prosecuted. I made it out the store with nothing. They got the hat back but it was a petty theft dropping the hat in my bag. So the main 2 question for you is,... View More

James L. Arrasmith
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answered on Nov 9, 2023

If you were caught by the store for taking a hat and the police were involved, it is possible that you could be charged with theft. In Ohio, taking merchandise from a store without paying can be classified as petty theft, which is often a misdemeanor if the value is under $1,000. The fact that the... View More

1 Answer | Asked in Criminal Law and Municipal Law for Ohio on
Q: What does “bind over pw sent to cpc*LO” mean?
Linda  Malek
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answered on Nov 3, 2023

A bind over is where a defendant has been charged with a felony. The case begins in the municipal court or lower court and is ‘bound over’ to the CPC or Common Pleas Court. Remember that municipal courts can only hear misdemeanors not felonies. Felonies are in the jurisdiction of the Common... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Why would we continued arraignment court date?

Son is 18yrs old went to court for underage consumption in Ohio, (was only carrying 12pk of beer not drinking) met with the public defender before court who went into court for him and came out said you were given a diversion program. So you will need to pay court costs and take an online class... View More

Linda  Malek
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answered on Nov 3, 2023

Arraignment dates may be continued because all the evidence has not been brought into the prosecutor’s, by the officers who give them then tickets , so they may need more time. Often, we receive an initial charge, but sometimes all the facts aren’t there to charge further, there can others... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Ohio on
Q: Can I get a judge disqualified from a bulglary case if he was my judge in past and threatened me to take plea bargain

He was my judge in past and threatened me he would need a calculator to add up my sentence if I went to jury trial and lost

James L. Arrasmith
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answered on Nov 5, 2023

If you feel that a judge's prior conduct or statements demonstrate a possible bias or lack of impartiality in your current case, you have the option to file a motion for recusal. The motion should detail the specific incidents or comments that you believe indicate bias. It's important to... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: My daughter died 6 years ago , she was being taken from jail from court in a suv driven by probation officer ,

She also had 2 other probation officers in car

She was handcuffed , seat belted in and managed to jump from car on way to jail . She was lifeflighted from scene and pronounced brain dead after waiting to hear from lawyers I hired I had I contacted they said they could not take case ,... View More

Linda  Malek
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answered on Oct 20, 2023

I am so sorry that you lost your daughter. What a terrible story. Unfortunately, there is a 2 year statute of limitations according to my colleague regarding these types of cases. You are unable to file the lawsuit because of this. Again, I am so sorry to hear this.

1 Answer | Asked in Child Custody, Civil Rights, Domestic Violence and Criminal Law for Ohio on
Q: Do I have a case, when my rights was refused to be read to me?

I was rescent arrested do to my soon to be ex husband falsely told police I hit him. When he was the one who attacked me. He new the police on the screen. They didn't read me my rights and said it wasn't necessary. Refused my phone call. Then would let me reach out to my lgbtq advocated... View More

Todd B. Kotler
Todd B. Kotler
answered on Oct 19, 2023

In Ohio, as in the rest of the United States, the Miranda warning is a legal safeguard designed to protect an individual's Fifth Amendment rights against self-incrimination. If a law enforcement officer fails to provide a Miranda warning before a custodial interrogation, the primary legal... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Chgd w/fel assault & picked out of a lineup but no evidence other than a persons word but innocent. Can be found guilty?

Did not commit a crime but someone is mad at me and is retaliating by saying I was the one who beat him up but I didn’t. He picked me out of a photo lineup. Wondering if I stand a chance even though I didn’t do anything.

Linda  Malek
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answered on Oct 8, 2023

When it comes to a phone lineup there is a procedure that has to be followed before the line up can be considered reliable. The line-up procedure is governed by O. R.C. 2933.83. The procedures purpose is preventing suggestive methods when picking out a suspect.

Any law enforcement agency...
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1 Answer | Asked in Criminal Law and Municipal Law for Ohio on
Q: I had an arragiment hearing and I had to reschedule due to covid i was still positive today and the courts issued a warr

Issued a warrant for my arrest even though I am still testing positive today and I've been calling all morning to try and contact someone to alert. But they returned my call and said they can't reschedule it again due to covid even though I'm still testing positive

Linda  Malek
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answered on Oct 10, 2023

Were you able to show/send proof from the test that you are positive? I can’t believe that with proof sent to the court that they would put themselves and others in jeopardy. I would hire a lawyer and give them the proof that you actually did have covid and have the lawyer draft a legal motion... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Ok I'm charged what it says online is f5 agg poss of drugs and fentanyl compound is a f5 now on the police report it say

Says f2 on the agg poss of drugs 19.4 grams now they claim the box of drugs was in tge fliir board but if it was then i couldn't have flipped the numbers on the lock box bc of all my bags and coat and shoes were in floor and the weed Amit to but that was in cup holder tge law never asked me... View More

Linda  Malek
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answered on Oct 6, 2023

I am sorry about your situation. The best way to handle a drug case such as this is to find a defense lawyer that is able to access whether a Motion to Suppress needs filed. See if BCI is able to fingerprint any of the evidence to see whether your prints are on them, because if not, that might be... View More

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