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Ohio Criminal Law Questions & Answers
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

1 Answer | Asked in Criminal Law and Family Law for Ohio on
Q: Can you press charges on someone who is holding someone against their will without getting the person being held arrestd

My son is being threatened by wife if he leaves. He is not suppose to be around her

Todd B. Kotler
Todd B. Kotler
answered on Sep 29, 2023

I am not certain that this question has enough information. It is not clear as to who is going to press charges and against whom. How is this person being held "against their will"? How is he "son is being threatened by wife"?

If she is threatening violence it is...
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1 Answer | Asked in Criminal Law, Civil Rights and Social Security for Ohio on
Q: I've found on the web recently that I had some kind of a lawsuit filed but I've known nothing about it. 3;2013cv00060

I recognize the city and state and the names like the prosecutor and judge but I never received any money or court dates.

James L. Arrasmith
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answered on Sep 24, 2023

If you believe a lawsuit has been filed involving you without your knowledge, it's imperative to immediately obtain a copy of the court records related to case number 3:2013cv00060 from the relevant jurisdiction. This will provide clarity on the nature of the lawsuit, the parties involved, and... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Overpayment for ssa has been repaid and almost 7 years later my fiance is being prosecuted. How is that logical or legal
T. Augustus Claus
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answered on Sep 19, 2023

It's unusual for someone to be prosecuted for an overpayment of Social Security benefits that has been repaid. Social Security overpayments often occur due to errors or changes in circumstances, and the Social Security Administration (SSA) typically works with individuals to resolve these... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Social Security for Ohio on
Q: How can a person be indicted for theft of government property from social security when overpayment has been repaid
James L. Arrasmith
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answered on Sep 21, 2023

If a person has repaid an overpayment to Social Security, they should maintain records of the repayment. In some cases, an indictment for theft of government property may be based on misunderstandings or errors in record-keeping. To address such a situation, it's advisable for the individual... View More

1 Answer | Asked in Criminal Law, Family Law, Child Support and Municipal Law for Ohio on
Q: What are my options for recourse in Ohio if a butler county juvenile court employee informed me incorrectly?

Had CS hearing for contempt- couldnt make it. Warrant issued. Paid to get recalled, was issued new hearing (employee came out, handed me new date paper & said “be there”). Again, date conflicting. I asked how to reschedule. She refused to go back (hearing was done w/ me in the lobby) to ask... View More

Todd B. Kotler
Todd B. Kotler
answered on Sep 14, 2023

The employees cannot give legal advice. There are literally signs all over every court stating this. YOU are responsible for either hiring an attorney or learning the rules through independent research. Appear before the court ASAP and make your explanation. Better yet, invest in actually... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Can I represent myself ? My ex has lied and taking me to court ? Why I don’t no I guess a protection order she filed
T. Augustus Claus
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answered on Sep 13, 2023

Yes, you have the right to represent yourself in court, including in cases involving protection orders in Ohio. This is known as representing yourself "pro se." However, it's important to be aware that legal proceedings, especially those involving protection orders, can be complex,... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Ohio on
Q: Do I have a legal defense by declaring the court order I violated was obtained illegally when I have proof of the fact?

I have been charged with violating a court order, but I have proof that it was obtained illegally by falsifying evidence

John Michael Frick
John Michael Frick
answered on Sep 8, 2023

Yes, you can secure a declaratory judgment from a court declaring that a court order you violated was issued illegally and that can be a defense to any action seeking to enforce the court order against you.

1 Answer | Asked in Criminal Law for Ohio on
Q: In Ohio, why can't I file for a restraining order on behalf of another adult?

What's the law that prevents this?

T. Augustus Claus
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answered on Aug 29, 2023

In Ohio, you generally cannot file for a restraining order on behalf of another adult because the law requires the person seeking the restraining order to be the victim or the person in need of protection. The law aims to respect individual autonomy and prevent abuse of the legal process. This... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: How long does the prosecution have to provide discovery?

My son was arrested May 5, 2023 bonded him the next morning after court. Informed us that he had to return to court on May 12. Went to court and after sitting in the waiting area informed that he didn't have to come and he would get a new court date via mail. As of today 8/23/2023 no court... View More

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answered on Aug 23, 2023

In Ohio, the rules regarding the timeline for providing discovery, which includes evidence and information related to a criminal case, can vary based on the specific court rules and local practices. Generally, the prosecution is required to provide discovery to the defense in a timely manner to... View More

1 Answer | Asked in Criminal Law, Divorce and Family Law for Ohio on
Q: If my husband did not provide dates in his protective order claim , is there a good chance the judge could dismiss it?
Todd B. Kotler
Todd B. Kotler
answered on Aug 12, 2023

There is not enough information to provide an answer. You should have the petition and affidavit in support reviewed by an attorney who regularly practices in that court

1 Answer | Asked in Criminal Law, Divorce and Domestic Violence for Ohio on
Q: Can a temporary protective order in the state of Ohio go on your criminal record
Roger  Bouchard
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Roger Bouchard
answered on Aug 12, 2023

No, TPO is for potential crime prevention. It is not a “crime “.

1 Answer | Asked in Criminal Law for Ohio on
Q: What does it mean when someone is being held on 2 cpc cases by magistrate but was ordered release? Does it mean theyout
T. Augustus Claus
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answered on Aug 3, 2023

If someone is being held on two CPC cases by a magistrate but was ordered release, it suggests that the person was involved in two separate child protection cases, possibly as a parent or guardian of the child. The magistrate, after reviewing the cases, may have ordered the person's release,... View More

2 Answers | Asked in Real Estate Law, Criminal Law and Personal Injury for Ohio on
Q: A branch from a tree in my backyard fell in my neighbors yard last night during a severe thunderstorm, tearing down her

Tearing down her electric lines. She came to me today demanding that I help her with the “expenses” of having it repaired and get the tree cut back away from her house. Am I responsible? I told her I thought that her first call should be to the electric company for repairs (I’ve never had... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 28, 2023

My guess is that your question is whether you are liable for the damages. Like most things in law, the answer is "it depends". Has your neighbor complained to you about the tree or the branches? In order to establish that you were unreasonable or breaching a duty of care to the... View More

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for Ohio on
Q: My friend was convicted of a crime we feel her attorney didn't do his job. What can we file to re open case

He refused to let her see the motion of discovery. She tried to fire him the judge wouldn't let her. She told him things to help prove her side some he didn't even look into. They made a murder series episode about her case the interviews were shown a couple things were complete and could... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 18, 2023

There are many requirements in legal malpractice cases that very state by state. One requirement in some states is an actual finding of innocence. Consult with experienced legal malpractice attorneys in the state where this occurred.

4 Answers | Asked in Criminal Law and Real Estate Law for Ohio on
Q: What do I do if someone forged my name on a deed, had it notarized illegally & signed my house over themselves?

My ex forged my name on my deed signing over my house to him. Had his notary friend notarize it without my permission or presence. Now he’s threatening to evict me and idk what to do after I file a police report. We were never married if that helps.

T. Augustus Claus
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answered on Jul 17, 2023

If someone has forged your name on a deed and illegally transferred your property, it's important to act quickly. Gather evidence of the forgery and preserve all relevant documents and communication records. Notify the involved parties, express your objection to the transfer.

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1 Answer | Asked in Criminal Law for Ohio on
Q: Can I purchase a gun in Ohio with a non violent felony?

I'm no longer on probation

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answered on Jul 18, 2023

When it comes to gun ownership and possession, federal and state laws play a significant role. In Ohio, individuals with certain felony convictions are generally prohibited from owning or possessing firearms. However, the specifics can vary depending on the circumstances and the nature of the... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: Is it legal for a parole officer to go e you an open cup for a urine test in ohio

My family member is on parole and had a drug screen and was told he failed. He said they gave him an open cup with no lid. Then when he "failed" he asked that they send it off to be tested but they claimed they dumped it. Is this legal?

T. Augustus Claus
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answered on Jul 14, 2023

When conducting drug tests, law enforcement and parole officers are expected to follow proper procedures to ensure accuracy and maintain the integrity of the testing process.

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Ohio on
Q: Can a judge plea not guilty for you, I challange this and she acknowledged
Roger  Bouchard
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Roger Bouchard
answered on Jul 13, 2023

Judges only accept or deny pleas. They do not make them. The defendant is the only one who can plea to their guilt or innocence.

1 Answer | Asked in Personal Injury, Criminal Law and Civil Rights for Ohio on
Q: My husband was and is still being denied medical attention in jail. What can be done
T. Augustus Claus
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answered on Jul 11, 2023

If your husband is being denied medical attention in jail, document the incidents, contact jail authorities, seek legal assistance, and consider reporting the situation to external agencies like the health department or ACLU.

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