Lawyers, Answer Questions  & Get Points Log In
Ohio Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and DUI / DWI for Ohio on
Q: Is there a way to expunge or seal the Felony DUI in Ohio? If not Is there a way to reduce the felony to Misdemeanor.

I've come to the conclusion I cannot expunge a DUI in the state of Ohio. Therefore, I was asking if I could reduce the Felony that came along with it. Maybe try to get it reduced to misdemeanor? Keep the DUI but get rid of having to put I was convicted with a felony. This is felony is from... Read more »

Patrick DiChiro
Patrick DiChiro answered on Jan 15, 2021

If you are referring to reducing a felony OVI, yes there is a possibility of doing that WHILE the case is pending. The same is true for other felonies. However, after you have already been convicted, you cannot obtain a reduction because you have alread plead and been sentenced. Your case is... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: What would be the procedural posture of this case?
Matthew Williams
Matthew Williams answered on Jan 15, 2021

You haven't listed or described a case. But generally, procedural posture is about describing where in the process of a case we are so it might say something like Defendant was indicted for such and such offense on such and such a date. The case was tried on such and such a date. Defendant... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: My brother inlaw was charged with child endangerment in ohio i am 50 and was told that i could not have any direct

Contact with him is that legal

Dimitrios Makridis
Dimitrios Makridis answered on Jan 9, 2021

Typically a no contact order in a situation like this would be imposed against the person charged. Meaning your brother-in-law cannot have contact with certain individuals. If you are one of those individuals (for whatever reason), he is prohibited from contacting you. He is also prohibited from... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: Hi, I'm the victim in a domestic violence case. My question is if i'm asked to testify or if i'm subpoenaed too do I hav

do I legally have too ? my mental state is not the best and i do not think i would be able to face all of that ? also how often do these cases go to trial ? the person is charged 2919.25A DOMESTIC VIOLENCE- KNOWINGLY CAUSE PHYSICAL HARM (M1)

Amended Charge And 2903.13A ASSAULT (M1)

Dimitrios Makridis
Dimitrios Makridis answered on Dec 18, 2020

Realistically, if you do not want to testify, you (or your lawyer) needs to tell the prosecutor. If you are forced to take the stand to testify, you can always plead the 5th.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Ohio on
Q: What does it mean if a appeals has taken seven months and counting to rule on
Matthew Williams
Matthew Williams answered on Dec 17, 2020

Nothing. That’s within the normal time frame.

1 Answer | Asked in Criminal Law for Ohio on
Q: Say a house is raided for drugs, and some evidence was found, but nobody was charged, how long does Ohio have to indict
Matthew Williams
Matthew Williams answered on Dec 17, 2020

It depends upon the amount and type of drugs. If it’s a felony (any hard drugs), the statute of limitations is 6 years. If it’s a misdemeanor 2 years. Minor misdemeanor 6 months. It’s not uncommon for the government to wait for lab results which can take weeks or months to come back.

1 Answer | Asked in Criminal Law for Ohio on
Q: will my fiance be put on probation at sentencing after doing 82 days in jail?

my fiance has been in jail for 82 days for a f3 and he is about to get sentenced will he get out on probation?

Matthew Williams
Matthew Williams answered on Dec 14, 2020

There's not enough information here to answer your question.

1 Answer | Asked in Criminal Law for Ohio on
Q: My mom recently passed away. Her boyfriend kicked me out and I’m still a minor. He won’t let me get my stuff

From the house. Can he legally stop me from grabbing all my clothes and legal documents?

Joseph Jaap
Joseph Jaap answered on Dec 1, 2020

Talk to a family member, teacher, or other trusted adult to help you.

1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: How can i get my case off public records
Matthew Williams
Matthew Williams answered on Nov 28, 2020

If it’s an eligible conviction, you can apply to seal the record. Speak privately with an attorney.

1 Answer | Asked in Criminal Law for Ohio on
Q: Couple both charged with misdemeanor one child endangerment. Is there anyway i can make a plea to get hers dropped.
Brian Smith Esq
Brian Smith Esq answered on Nov 18, 2020

If you have been charged with child endangerment, you should get an attorney. If you cannot afford one, you can ask the court to appoint one. I do not know enough about your case to answer whether the State would drop charges against one parent if the other parent pleads. It does not typically... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: Can a judge order payment before my final pre-trial?

I have a pending final pre-trial for a DUI on Thursday. My public defender said I have to pay $400 by that day to stay out of jail. But he doesn't have an order from the judge.

Brian Smith Esq
Brian Smith Esq answered on Nov 17, 2020

You should clarify this with the attorney you already have.

In my experience, I am familiar with a court that will permit a reduction of an OVI when the prosecutor agrees, but only if the person is able to pay a portion of their fines at the time they enter the plea to the reduced charge....
Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: I had words with my daughter's boyfriend call him a few names. He than decides to put his hands around my neck n chokes

Up against the wall. I had a light cig in my hand that feel on his chest. I finally got away from there. I did not call the cops I thought it was a family matter. This was Sunday the 25th. On Friday he calls n makes a report n on Monday I got a certified letter from court saying I have a asult... Read more »

Matthew Williams
Matthew Williams answered on Nov 10, 2020

You should hire an attorney. The story the police have is almost certainly that you put out a cigarette on his chest with no provocation whatsoever, which would be assault.

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Products Liability for Ohio on
Q: Can a person who sold me a car with a title that was not in his name get in trouble after taking my money

Paid $600 for car I have title and keys. Also paid $300 for a trailer no title. Now the trailer is impounded and the person on the title doesn't want to sell it to me but her boyfriend already took my money

Matthew Williams
Matthew Williams answered on Nov 10, 2020

Yes, you can get into trouble for selling things that do not belong to you. That's both fraud and theft.

1 Answer | Asked in Criminal Law and Education Law for Ohio on
Q: Can a person get probation for they first time being charged with anything

My mom file charges on my boyfriend and his brother saying they shot at the car this the first time my boyfriend been in trouble . My mom want to give him probation now she want to basically drop it but it’s to late they both in jail for something that never happened

Matthew Williams
Matthew Williams answered on Nov 5, 2020

They should be working with an attorney. They certainly could get probation, but they could easily go jail or prison especially if there was someone in the car.

1 Answer | Asked in Criminal Law for Ohio on
Q: If I was sent to prison for a felony am I still required to pay fines?
Matthew Williams
Matthew Williams answered on Nov 5, 2020

If fines were imposed, yes.

1 Answer | Asked in Criminal Law for Ohio on
Q: Can a county court deny you time to pay on court fines?

They have sent me what they claim is a second notice (I never received the first) threatening wage garnishment, warrant, license suspension, etc. and only gave me 15 days to pay an over 1000 dollar bill. I called to ask for a payment plan and she said I have to ask my judge for time to pay.

Matthew Williams
Matthew Williams answered on Nov 5, 2020

Yes, the court can deny you time to pay. Most have payment plans, but there's not law requiring it.

1 Answer | Asked in Criminal Law for Ohio on
Q: I just wanted to know what I can do to get an OVI refused. I don’t drink or do drugs

I had know idea the medication I was prescribed would affect me the way it did. I cooperated and did a drug test and I think it got lost or something else because it’s been going on five months and the court still doesn’t have it back. The court appointed me a lawyer but I can’t get a hold of... Read more »

David A. Ingram
David A. Ingram answered on Oct 31, 2020

An OVI refusal occurs when the police ask you to submit to a test (blood, breath, or urine) and you say "no" or refuse to provide a blood, breath, or urine sample. If sounds like you consented to a test and provided a sample. If you have not received the results and have not been charged... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: I want charges dropped but i have been issued a subpoena. Do i still have to show up to court?
David A. Ingram
David A. Ingram answered on Oct 31, 2020

Yes, I recommend that you still go to court. If you fail to appear on the scheduled court date, the court can find you in contempt and issue a warrant for your arrest. If you want the charges dropped, I recommend contacting the prosecutor on the case, the victim's advocate (assuming one is... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: In a criminal trespass and vandalism case can I use a written statement from my neighbor?

Defendant pleaded not guilty after being arrested for drunk in public and open container, also trespassed and vandalized my wifes license plate but I did not see him do it, my neighbor did and i dont want to have to drag my neighbor to court

Elena Fast
Elena Fast answered on Oct 17, 2020

Very few misdemeanor cases result in the witness having to come in to meet with the prosecutor or testify in a court proceeding. I would say less than 2% of misdemeanor cases in New York State result in the witness having to appear in person. Usually, the prosecutor is able to interview witnesses... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: Trying to find out if section 2323.51 of the columbus Ohio code of ordinances known as definition of imitation firearms

falls under having weapons under disability section 2323.13 of the columbus ohio code of ordinance

Matthew Williams
Matthew Williams answered on Sep 9, 2020

One section you quote is a definition and the other is an offense. A definition cannot really fall under an offense. 2323.51 defines "imitation firearms." It basically says that fake guns or bb guns are imitation firearms. 2323.13 is an offense that says people convicted of or charged... Read more »

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.