Lawyers, Answer Questions  & Get Points Log In

Ohio Civil Rights Questions & Answers

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Ohio on

Q: If I was charged with D.U.I for a positive drug screen and plead guilty and was already sentenced wouldn't it be double

Jeopardy to later be charged with F-5 internal possession as a whole new case filed against me for that same urine screen which was used as evidence to charge me with D.U.I? I feel that is being tried for the same case twice.

Matthew Williams answered on Aug 6, 2019

This would be an interesting one to argue. The standard for double jeopardy is whether each offense requires proof of an element which the other does not. For the DUI that’s easy. DUI requires proof that you operated a motor vehicle. Drug possession certainly does not. Similarly, normal drug... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Ohio on

Q: Can I file discrimination on management for not addressing an issue with a co-worker who is Black and they are as well

I have had issues for a couple of years with my co-worker and we have new people in and she has personally attacked me and my character and I took it to my supervisor saying I’ve had enough and want to be moved, but I also told her that I really don’t want to leave. I have 29 years in and can... Read more »

Gary Kollin answered on Jul 28, 2019

Playing the racecard without any evidence and mere conjecture

1 Answer | Asked in DUI / DWI, Civil Rights and Federal Crimes for Ohio on

Q: Was arrested for ovi and poss but have med issues and conditions that will affect a test

For me due to meds an seizures what are my laws

Matthew Williams answered on Jul 10, 2019

You need to hire an attorney. A DUI is not a DIY situation. Work with your lawyer to present a case in court.

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Ohio on

Q: Do owners of a house have to tell you the pervious renters had bed bugs in Ohio

Joseph Jaap answered on Jun 5, 2019

If owners knew about it and failed to disclose it, that would be a basis to sue the owners. But it depends on all the facts. Contact the local board of health and use the Find a Lawyer tab to retain a local attorney to review the facts and advise you.

1 Answer | Asked in Civil Rights and Criminal Law for Ohio on

Q: Judge had me turn guns in to police department and now won’t return them 2 years later

About 2 years ago during my divorce my ex wife filed a protection order on me and a bs criminal case. I was told in court by the judge during the criminal case to turn in my guns to the police department by end of the day. I did as I was told and turned them in to the police. The charges were a... Read more »

Matthew Williams answered on Apr 26, 2019

Unless you are on probation (in which case you cannot possess a firearm), I suspect they’re jerking you around on procedure. Have a lawyer draft a replevin motion.

1 Answer | Asked in Civil Rights and Employment Law for Ohio on

Q: individual with disability. employer wants me to sign away my rights. How much is reasonable?

ER decided to "end our employment relationship". Currently negotiating separation package. My disability experience with the ER has not been positive & they want me to sign away my rights to talk about them. I don't think that's fair and I think it should have substantial value if I do but I don't... Read more »

James J. Hux answered on Mar 18, 2019

If you believe you have been discriminated against because of your disability, you would probably benefit from speaking with an employment law attorney before accepting any severance agreement. Some attorneys will offer a free initial consultation.

Attorney James J. Hux

Hux Law...
Read more »

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Health Care Law for Ohio on

Q: I was wondering what type of lawyer I would talk to about inappropriate behavior between a teacher and my daughter.

Not sexual in nature. Just inappropriate conversations about my daughters mental health during and outside of school. They are woman teachers.

Matthew Williams answered on Mar 10, 2019

You should talk to the teacher and the school. That doesn’t sounds legally actionable, at least not yet.

2 Answers | Asked in Criminal Law and Civil Rights for Ohio on

Q: Adult autistic son is being targeted by police . He has prior incidents before and known. Had incident last week so they

Someone filed abuse claim . So harassment has started. I have docs report saying no abuse by me its a self injury behavior

Patrick DiChiro answered on Jan 16, 2019

Without knowing facts of abuse claim, I would be careful in presenting any evidence to the police. Particularly, I would not offer a verbal or written statement. If you have documents that exonerate you, you may want to obtain counsel in order to negotiate with the police. I would not do it... Read more »

View More Answers

2 Answers | Asked in Civil Rights and Criminal Law for Ohio on

Q: Police questioning me after OBN investigator questioned me

A false allegation was made against me by my former employer. Board of nursing investigator interviewed me a few months after, now the local police are questioning me. What is this all about and what should I do?

Dimitrios Makridis answered on Dec 17, 2018

It is very difficult to answer your questions without knowing the specifics. You should retain a criminal defense and have a private discussion as soon as possible.

View More Answers

1 Answer | Asked in Civil Rights and Criminal Law for Ohio on

Q: the police took my phone with a warrent. should i get a lawyer?

they are investigating a matter that occured in my home. We spoke to them twice. Once being voluntary. Then they came back with a warrent and took our phones. Im not sure what they are looking for since the warrent doesnt state it. Im not sure what to do next

Matthew Williams answered on Nov 2, 2018

You should hire an attorney. It's never good when they start taking your stuff.

2 Answers | Asked in Civil Rights for Ohio on

Q: Are colleges allowed to view you through cameras while you are at home taking an exam? If not, how can this stop?

My wife is going to Kent state to find out she has no other choice but to take her exam online. Her personal computer screen is monitored and also she is being viewed through a camera as well. With this she has to take periodic brakes to show her surroundings through the camera. Is this a breach of... Read more »

Gary Kollin answered on Oct 16, 2018

She can elect to not be enrolled

View More Answers

1 Answer | Asked in Divorce, Civil Rights and Identity Theft for Ohio on

Q: Can I sue my wife for id theft?

She has been making credit card and student loans applications in my name and SSI number.

Are there any charges, I can charge her with?

Can I file a lawsuit against her?

We have been separated for 5 yrs.!

Is there anything that can be used in a divorce case?

Joseph Jaap answered on Oct 8, 2018

Talk to the police and file a report. The prosecutor would determine whether to bring criminal charges. If you file for divorce, the court can order her to stop using your identity and to be responsible to pay back all the debt she incurred in your name. Use the Find a Lawyer tab to retain a... Read more »

1 Answer | Asked in Civil Rights for Ohio on

Q: Can the police take a pic of my son off his personal phone to show a victim to identify him and ? My 15 without an adult

Then tell my son he fit the description of the suspect without consent from an adult and file charges of trespass

Matthew Williams answered on Sep 21, 2018

How did the police acquire his phone? How did they acquire the picture? Was the phone locked? They can talk to him and even arrest him without parental consent, but getting into locked cellphones now requires a warrant under most circumstances. With kids, there are a few circumstances it may not... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Ohio on

Q: Dective told me they need me to come to their office. Refused to tell me why. What do I do?

Detective from the Sheriff's Office showed up at my door confirmed my name and told me they need me to come to the station to talk. When I asked them why they said they could not tell me it was a sensitive matter. I told them I couldn't I was expecting my kids off the bus in 15 minutes and I had no... Read more »

Gary Kollin answered on Sep 10, 2018

You hire a lawyer before you do anything else. You do not speak to officer. You let lawyer do that

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Ohio on

Q: Can you file a post conviction relief on a dismissal

Matthew Williams answered on Aug 29, 2018

No...there was no conviction thus there can be no post-conviction relief.

1 Answer | Asked in Civil Rights and Constitutional Law for Ohio on

Q: A friend asked me and my brother to give him a ride to his mothers house. We did. He didn’t tell us until 5 minutes away

That the reason he needed a ride is because he was involved in a hit and run and the police were looking for him. Got a visit from his uncle who is also my neighbor. And he said my brother and I could get aiding and abetting charges. I’ve never been in trouble with the law all my life. Will I be... Read more »

Matthew Williams answered on Aug 29, 2018

If you did not know, and did not have reason to suspect he was fleeing, you shouldn't be. But, if approached by authorities, you should be very careful about what you say. Speak to a lawyer first.

1 Answer | Asked in Civil Rights and Contracts for Ohio on

Q: If someone borrows money from another and nothing was ever documented on paying it back or no proof that money was borr

Can they be sued for it?

Joseph Jaap answered on Aug 29, 2018

Anyone can sue anybody for anything. But they have to provide proof that person promised to pay it back, and that it was a loan --- not a gift. If nothing is in writing, and the borrower claims it was a gift, and there are no other witnesses, then the plaintiff probably won't win the case. A... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Ohio on

Q: Can the police question a child without his mother present

He is not a suspect nor a witness to the crime

Matthew Williams answered on Aug 23, 2018

The police can question a child without his or her parent(s) present, yes. But a child has the same rights as anyone not to talk to the police if he or she does not want to. Why do they want to talk to a child that is neither a suspect nor a witness?

1 Answer | Asked in Civil Rights for Ohio on

Q: I was brutally assaulted in jail and refused medical care after suffering a broken nose, two black eyes. what can i do

Peter N. Munsing answered on Jul 25, 2018

Suggest you contact the Ohio Civil Liberties Union Prison Rights Unit. They or their "cooperating attorneys " should be able to help you.

1 Answer | Asked in Gov & Administrative Law, Personal Injury and Civil Rights for Ohio on

Q: After a state court judgment on a federal 1983 claim can you move complaint to a federal court?

I stupidly filed a section 1983 federal claim in an Ohio state court against persons employed by the state of Ohio. After receiving what can only be described as prejudicial treatment throughout and having appealed to the Ohio Supreme Court who denied jurisdiction I wish to take the claim to the... Read more »

Gary Kollin answered on Jul 9, 2018

It is called res judicata or perhaps collateral estoppel.

No two bites.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.