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Ohio Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Child Support for Ohio on
Q: I turn 18 in 30 days. I cant stand being at my house anymore. Is it illegal if i was to leave right now and move out?

My friend has an apartment. Me and him both have jobs. I would still be going to school and getting my education.

Joseph Jaap
Joseph Jaap answered on Sep 30, 2019

It could cause problems for you and for him if you leave before 18. Hang on for 30 more days. But consider that if you leave now or when 18, you might no longer have any health insurance, car insurance, or other support from your family. If your friend later kicks you out, then that could be... Read more »

2 Answers | Asked in Criminal Law and Constitutional Law for Ohio on
Q: Is it legal for cops to slam me out of my car while i was sleep at the gas pump & search my vehicle without any probable
Gary Kollin
Gary Kollin answered on Sep 13, 2019

Without knowing all of the facts including their assertions, a proper answer cannot be given

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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
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 Criminal Law and Constitutional Law for Ohio on
Q: What is the concept of overwhelming circumstantial evidence? Can it be enough for a conviction?
Matthew Williams
Matthew Williams answered on Jul 23, 2019

Circumstantial evidence's value is every bit the same as the value of direct evidence. "It's only circumstantial" is a nonsense TV thing. Circumstantial evidence is often extremely powerful. Here is the example that is often given in court. You go to sleep at night and there is no snow on the... Read more »

1 Answer | Asked in Constitutional Law for Ohio on
Q: My search watrant was photo copies no seal or stamp no warrant number nothing.
Matthew Williams
Matthew Williams answered on Apr 24, 2019

There are a wide range of acceptable search warrants. The most critical factor is whether or not it’s been approved (signed) by a judge. If you’re being charged with a crime, you should hire an attorney.

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
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 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
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 Family Law and Constitutional Law for Ohio on
Q: Daughter inlaw refuses to let me have contact or visitation with my granddaughter would like to file motion for visitati

Daughter-in-law refuses to let me see visit or have contact with granddaughter would like to file motion for visitation

Justin B. Benedict
Justin B. Benedict answered on Jun 10, 2018

I'm sorry that you are going through this. Generally, grandparents do have visitation rights but it is limited to certain situations by Ohio law. While you can file a motion pro se (without an attorney), it is likely in your best interests to find an attorney to review your case and help you... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Gov & Administrative Law for Ohio on
Q: I was "randomly" selected for proof of insurance on a van i own but havnt driven in five years sent letter with proof of

Insurance on vehicles currently driven after 2 affidavits estimate from certified mech several calls and hearing request they still suspened lisc claiming they didnt get hear request i appealed litigated with attorney gen and then provided a copy of request and cancelled check at which time they... Read more »

Gary Kollin
Gary Kollin answered on May 27, 2018

You notice there is a limitation of amount of characters. That is so you can write your question without all the extraneous material like "poor boy" and "not to mention many hours of legal work".

I am not trying to be an English teacher, but you have run on sentences, no punctuation, no...
Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Ohio on
Q: What is highest case law saying that citizens cannot be arrested for obstruction for null-action in assisting police?

What case law applies here? I am looking for case law, preferably from the Supreme Court of the United States (SCOTUS) or highest available court where such case law exists.

The case law would state that any citizens/persons are not required to assist or cooperate with official... Read more »

Matthew Williams
Matthew Williams answered on Apr 16, 2018

Legal research is too time consuming for us to do for you for free. But, I will say this: every obstruction statute I am familiar with plainly requires an action.

1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Ohio on
Q: regarding questions

I was originally arraigned for F-3 Domestic Violence, F-4 Attempted Domestic Violence, and F-3 Abduction from Municipal Court, bound over to Common Pleas. The Grand Jury indicted me on Attempted Felonious Assault and Abduction. The Judge, in arbitrium judicis, as a one man grand jury, added a... Read more »

Matthew Williams
Matthew Williams answered on Mar 30, 2018

It sounds like you need to hire an attorney (stop trying to be your own attorney) and file an appeal.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Ohio on
Q: If the Ohio Supreme Court declined Jurisdiction of an App.R. 26(B), how long do I have to file to Sixth Circuit or USSC?

I was denied exculpatory (ESI) evidence that would prove otherwise of an abduction of my wife, after offer of proof was made within a jury trial. My counsel was well informed of my claimed defense and shared the fact with the prosecution within the preliminary stages. There was a very... Read more »

Matthew Williams
Matthew Williams answered on Mar 23, 2018

Whoa! Slow down. You are just running with a bunch of stuff you clearly do not understand well.

Let's start with this preliminary question on which half of your argument rests: what offense(s) were you originally indicted with, and what offense were you convicted of? If the offense you...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Contracts and Real Estate Law for Ohio on
Q: If me and my ex are buying a house together is she aloud changing the locks to the house without my consent

We both on contract I moved out I got tired of her calling the cops win I was doing nothing wrong she called them every time I go to get my stuff out

Joseph Jaap
Joseph Jaap answered on Dec 21, 2017

If the police aren't helping you get inside to get your things, then you'll have to get a lawyer and the court involved. Use the Find a Lawyer tab to retain a local attorney to assist you.

1 Answer | Asked in Constitutional Law and Criminal Law for Ohio on
Q: Can I transport a shotgun in my truck if I have it on a back glass gun rack with the chamber open and ammo in the stock.

The guns stock has compartments to hold extra ammo without it being in the gun magazine tube kinda like a side saddle.

Matthew Williams
Matthew Williams answered on Oct 27, 2017

It really depends where the rack is, whether it is accessible from inside the vehicle, and whether the firearms is of specific length, can have the action open, etc. What describe is likely legally. Read this...http://codes.ohio.gov/orc/2923.16

1 Answer | Asked in Civil Rights, Constitutional Law and Juvenile Law for Ohio on
Q: What is Ohio law on school and police questioning children without parents present

My child got beat up after school while walking to the bus just outside the school when they called me they wouldn't go into details I requested to be present for any questioning and they said that's not a law and they can question child if they want to. Also so far the police is refusing to take a... Read more »

Matthew Williams
Matthew Williams answered on Sep 29, 2017

School and police officials can question a child without the child's parents present. As far as the law enforcement side of it, the child does have the right to refuse to answer questions from a law enforcement official and/or to insist on the presence of an attorney. The police are not required to... Read more »

1 Answer | Asked in Traffic Tickets, Constitutional Law and Criminal Law for Ohio on
Q: If I have a locked center console that has a four combination lock on it can a cop search it with probable cause?

Does the cop need a warrant to search it if he already has probably cause?

Matthew Williams
Matthew Williams answered on Sep 20, 2017

Police had had pretty good luck with the courts when it comes to opening containers found in the passenger compartment of a vehicle. The rationale that there could be a weapon in there is appealing to the courts, which have shown great concern for officers' safety during traffic stops. Ultimately,... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for Ohio on
Q: If you were part of a prosecution team and you convicted someone of a crime and 10 years later new evidence is found

And the new evidence suggests that someone else committed the crime, what do you do.

Matthew Williams
Matthew Williams answered on Jul 17, 2017

If the prosecutor can be convinced the new evidence raises serious questions about the guilt of the accused, he or she can be helpful in defense efforts to reopen the case for a new trial.

1 Answer | Asked in Civil Rights, Constitutional Law, Juvenile Law and Criminal Law for Ohio on
Q: I'm 23 my girlfriend/fiancé is 17 and turning 18 in 5 months. She is going through things at home with her dad

He doesn't let her go anywhere or do anything. He has a history of being abusive hints to why his wife divorced him several years ago. My question is, if I were to go and get her with her being 5 months shy of being 18 and her going through verbal and mental and emotional abuse, could I be charged... Read more »

Joseph Jaap
Joseph Jaap answered on May 8, 2017

The father could take legal action against you and involve the police if she leaves home and you assist before she turns 18.

1 Answer | Asked in Criminal Law, Constitutional Law, International Law and Libel & Slander for Ohio on
Q: Can I be sued from someone outside the US?

I am located in the USA. Someone living in Spain, is threatening to sue me for "defamation" in regards to something I wrote about them on my personal Twitter account. Can they sue me from their country, and aren't my opinions written on my personal Twitter account protected by the Free Speech laws... Read more »

Matthew Williams
Matthew Williams answered on Mar 6, 2017

Free speech protections do not apply to defamation, and opinions are not defamation. Defamation is a false statement of fact (not opinion) that damages a person's reputation. If I say John the surgeon is the worst, I am not uttering defamation because that's my opinion of John. If say John the... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Ohio on
Q: What is the difference between tampering with evidence and obstruction
Matthew Williams
Matthew Williams answered on Feb 28, 2017

2921.12 Tampering with evidence.

(A) No person, knowing that an official proceeding or investigation is in progress, or is about to be or likely to be instituted, shall do any of the following:

(1) Alter, destroy, conceal, or remove any record, document, or thing, with purpose to...
Read more »

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