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Ohio Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law for Ohio on

Q: My son is being charged with Grand Theft and receiving stolen property for the same items, is that allowed in Ohio

He is being charged in Morgan county for the grand theft. He was picked up in Summit county with the items and is being charged by them for the receiving stolen property. Can he be charged for both?

Matthew Williams answered on Aug 20, 2019

Sure. He probably cannot be convicted of both though. A charge is a formal accusation. It doesn’t mean you committed the crime.

2 Answers | Asked in Criminal Law and Federal Crimes for Ohio on

Q: See something say something in ohio mean law can enter your home without search warrant?

Gary Kollin answered on Aug 16, 2019

have no understanding as to what you wrote

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1 Answer | Asked in Criminal Law for Ohio on

Q: I have been charged with domestic violence. Is canceling the internet disruption of public services?

I have moved out of my house and have a no contact order

Matthew Williams answered on Aug 15, 2019

Do not cancel the internet or stop paying for anything (phones, cars, utilities, rent) you were paying for before you got charged. It will be a violation of the no contact, your bond, and potentially a new charge.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on

Q: Charged with Felony 4 domestic August 2019. He had one in 1992 and 1996. Can they charge him for a felony 4?

Matthew Williams answered on Aug 11, 2019

Yes, they can. He ought to get an attorney.

1 Answer | Asked in Criminal Law, Child Custody and Child Support for Ohio on

Q: I have 2 cases I need help with urgently. One is criminal and the other is child support. I am in Clermont Count. Please

Both cases have warrants on me.

Gary Kollin answered on Aug 8, 2019

Contact a local attorney

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 Criminal Law for Ohio on

Q: If I drop the charges, would the prosecutor release my husband?

A few months ago, my husband and I had an altercation that got a little loud and some slaps were thrown. If this is his second charge, which the first one shouldn't even be on his record, it was a fight between himself and his mother which he didn't touch her in any way but she threw together some... Read more »

Matthew Williams answered on Jul 30, 2019

You can talk to the prosecutor, but they are probably not going to drop their prosecution just because you want them to.

1 Answer | Asked in Criminal Law for Ohio on

Q: Why do I have two different ticket amounts for the same incident?

2 of my dogs got loose at the same time and I’m being charged $25 for one and $150 for the other.

Matthew Williams answered on Jul 30, 2019

Is it the second time for one of them? The penalties on those go up when it happens again. So if the Dog A got loose before but Dog B did not, the amounts could be different.

1 Answer | Asked in Criminal Law for Ohio on

Q: How long can a person be held before a parole violation hearing?

My boyfriend was arrested on 7/11 for a parole violation and has yet to have a hearing scheduled. Is there a certain window in which the hearing must be scheduled or is it just whenever the parole board gets around to it? And is he required to remain in the correctional facility or is there a way... Read more »

Matthew Williams answered on Jul 28, 2019

The policy is 20 business days not counting the date of arrest. So, if they follow their policy, and that's a big if. The last day is August 8th. No there is no bond on a parole violation.

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 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 Contracts, Criminal Law and Small Claims for Ohio on

Q: signed car over to daughter, with agreement to pay for the car monthly. She never paid for it.

I signed over car to daughter with agreement for her to make monthly payments for the car. She took car never paid. She’s currently in jail and her husband refuses to give car back. How do I get the car back.

Bruce Alexander Minnick answered on Jul 22, 2019

If the title to the car is in your daughter's name only you cannot get it back--lawfully--absent a lawsuit.

1 Answer | Asked in Criminal Law for Ohio on

Q: hey, is it illegal to pick up a sealed controlled substance for my uncle? Will i go through a hard time if I got pulled

William Jaksa answered on Jul 21, 2019

Yes. Absolutely yes. You know its a controlled substance, ought to have known, or should have made efforts to know... then yes. If you had no idea and were simply doing a favour then be prepared to explain who you were picking the package for and where you were delivering it to. Don't lie about it.... Read more »

2 Answers | Asked in Child Custody, Criminal Law and Federal Crimes for Ohio on

Q: Can I file federal kidnapping charges if the person didn't bring your child back home to you

William Jaksa answered on Jul 21, 2019

Short answer is yes, BUT, depends on several factors. Was there a child access/custody agreement in place? Was the child removed from the state? Was there an intention to bring back the child? A parent taking a child out-of-state for a weekend vacation would not be considered kidnapping. The police... Read more »

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1 Answer | Asked in Criminal Law for Ohio on

Q: Is there a way to get court ordered rehab services?

I have a family member that has several traffic infractions and has overdosed on atleast 6 occasions where the paramedics showed up. Plus a recent drug charge. She does not go to her court hears, get warrants and when getting caught they allow her to release herself on ROR, knowing she has skipped... Read more »

Scott A. Kelly answered on Jul 19, 2019

Drug counseling may be ordered as a probation condition at the end of the case. Additionally, the court she is in may have a drug court program. I would call the probation department for the court to ask what services may be available. Sadly, with the cost of treatment services may not be as... Read more »

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Ohio on

Q: Is it illegal to miss pronounce Arkansas

Gary Kollin answered on Jul 14, 2019

Are you kidding?

1 Answer | Asked in Criminal Law for Ohio on

Q: How do i change my conditions of Federal supervision after a denial

Matthew Williams answered on Jul 12, 2019

You probably don’t. You need a really good reason to get them to change your supervision conditions if they don’t want to.

1 Answer | Asked in Criminal Law for Ohio on

Q: How can a defendant be served with notice of hearing in Ohio?

I was arrested for failure to appear in Ohio. The docket states that the clerkbscheduled the hearing on June 14 for June 19. I didn't receive any paperwork and the docketvdoesnt say if any was sent. Usually the docket says if notice was mailed because they track postage.

Matthew Williams answered on Jul 12, 2019

The docket doesn’t always reflect everything that happens and is not an official record. The court has a journal that is the official record. Defendants can be served with notice of hearings in person, or by regular or certified mail to their last known address.

1 Answer | Asked in Criminal Law for Ohio on

Q: Am i allowed to have a copy of police reports of what i am charged with.

My attorney told me he would send me copies of the police reports. Then told me he can not supply them as they are police reports. He also told me he would make an appointment for us with the prosecutors office to view video evidence of me doing the crime. It has never happened, and i dont believe... Read more »

Matthew Williams answered on Jul 12, 2019

Some materials in discovery are marked counsel only and cannot be shared directly with the defendant. Police reports that contain the names, and contact information for victims/witness/kids are often kept confidential. You really should hire a lawyer you trust. These charges have potentially life... Read more »

1 Answer | Asked in Criminal Law for Ohio on

Q: If a person obsconded from prc was notpicked up, and the term ended for the prc. Is the prc terminated?

My girlfriend was on prc she quit reporting then she recently was picked up for unrelated warrants. It doesn't show whether she is being held by the apa. Her prc would have ended a month prior to her arrest.

Matthew Williams answered on Jul 8, 2019

If she stopped report, the APA is almost certainly looking for her and the fact that her PRC would have ended a month ago doesn’t matter.

1 Answer | Asked in Criminal Law for Ohio on

Q: I have warrants and need help ASAP

Matthew Williams answered on Jul 8, 2019

Contact a local attorney.

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