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Ohio Criminal Law Questions & Answers
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 »

1 Answer | Asked in Criminal Law for Ohio on
Q: Is "domestic violence-knowingly cause physical harm" a misdemeanor or felony? What is the max sentence in Ohio?
Matthew Williams
Matthew Williams answered on Sep 9, 2020

Whether a domestic violence charge is a misdemeanor or a felony depends on a few things not included in your inquiry. If the victim was pregnant, it is a felony. If the offender has previous conviction(s) for domestic violence or assault against a family or household member, it is a felony. If... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: Must I testify against my son in a drug possession case
Matthew Williams
Matthew Williams answered on Sep 9, 2020

If you are properly subpoenaed, yes. There is no parent child privilege.

1 Answer | Asked in Criminal Law for Ohio on
Q: Can a 10yr old who took lewd pictures of other children be charged?
Matthew Williams
Matthew Williams answered on Sep 9, 2020

Technically, yes. It would be kind of surprising for them to actually do it. Far more difficult is the situation of adults with knowledge who may or may not have done the right thing.

1 Answer | Asked in Criminal Law and White Collar Crime for Ohio on
Q: Will I have to do jail time for writing a bad check if I was unaware that I didn’t have the funds at the time?
Brian Joslyn
Brian Joslyn answered on Sep 9, 2020

To be convicted of passing a bad check you must have intent. Under the Ohio Revised Code Section 2913.11, it states a person must have a “purpose to defraud” and must “know that it [the check] will be dishonored or knowing that a person has ordered or will stop order payment on the check.”... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Ohio on
Q: I was recently arrested for OWI in Ohio, does that mean my license is suspended?
Brian Joslyn
Brian Joslyn answered on Sep 9, 2020

In the state of Ohio, your license is automatically suspended if you refused OVI testing or had a BAC reading of .08 or above. So, if you were arrested for OVI you should expect to receive notification relatively soon of your upcoming suspension. You do have 30 days after the initial appearance for... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: If I am subpoenaed to court, but the other party is currently incarcerated, do I still have to go?

It’s a domestic violence case, and I am the victim. I am scheduled to appear in court tomorrow.

Joseph Jaap
Joseph Jaap answered on Sep 1, 2020

If you don't go, the judge will dismiss it.

1 Answer | Asked in Criminal Law for Ohio on
Q: Can a sexual misconduct case from 2009 stand a chance to have the charges removed?
Matthew Williams
Matthew Williams answered on Aug 31, 2020

Almost certainly not. Absent something extreme such as new DNA evidence which exonerates the defendant, the odds are overturning an 11 year old conviction are close to zero.

1 Answer | Asked in Criminal Law for Ohio on
Q: If the police have a lawful search warrant that was signed by a judge, can they still execute it if the owner isnt home?
Matthew Williams
Matthew Williams answered on Aug 31, 2020

Yes, the police can execute a search warrant regardless of who is or is not present at the time.

1 Answer | Asked in Criminal Law for Ohio on
Q: I have a question about having my burglary felony charge sealed in ohio.

When viewing the charge I see two different degrees of felony listed. 1. CRIME CLASSIFICATION: Felony of the 4th degree. 2. DEGREE OF OFFENSE: Felony 3. I am a little confused on the level of felony that I was charged with.

Matthew Williams
Matthew Williams answered on Aug 27, 2020

It is exceedingly likely, though not possible to be sure without looking at the docket, that you were charged with an F3 and plead to a reduction to an F4 either attempted burglary or trespass in a habitation. If that's what happened, which one you plead to is going to matter because burglary... Read more »

1 Answer | Asked in Criminal Law and Business Law for Ohio on
Q: Can the electric company ask for person information regarding my husband's incarceration?

I am trying to switch the electric bill to my name since my husband has been incarcerated. Can they legally ask for his incarceration dates, where he's being incarcerated, and his inmate number?

Tim Akpinar
Tim Akpinar answered on Aug 27, 2020

An Ohio attorney could advise best, but your question remains open for a week. If they have a policy along the lines of of "reserving the right to obtain any and all information in furtherance of maintaining the integrity of accounts... ," or something to that effect, it could be... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: I had a record sealed in ohio . I was wondering if I am able to obtain a firearm
Matthew Williams
Matthew Williams answered on Aug 25, 2020

It depends upon what the record was for. If you were convicted of an offense which makes it unlawful for you to possess a firearm, sealing the record in Ohio does not restore that right. There is a separate process to go through for that. You are not legally permitted to possess a firearm if you... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: My friend is incarcerated at Richland Correctional in Ohio. He recently filed a motion for judicial release with Greene

County Court of Common Pleas, Ohio. Am I able to view the judge's decision on that motion via Courtview's website?

Thank you for your time,

Matthew Williams
Matthew Williams answered on Aug 25, 2020

You can search the Greene County Common Pleas Court docket here: https://courts.co.greene.oh.us/eservices/home.page.2

1 Answer | Asked in Civil Litigation and Criminal Law for Ohio on
Q: My neighbor filed a restraining order on my brother in law stating he spit on him. This never happened. Need atty?
Taylor P Waters
Taylor P Waters answered on Aug 25, 2020

Your brother should have an attorney review the situation and represent him if necessary.

1 Answer | Asked in Criminal Law for Ohio on
Q: What would a 20 year old be looking at if charged with possession of a handgun and shrooms?

Had stuff in the car

Matthew Williams
Matthew Williams answered on Aug 19, 2020

It really depends on the quantity of mushrooms because the level of drug offenses is determined by quantity. The situation is potentially quite serious as the amount of such drugs needed to get to mid to high level felonies isn’t that high, add to that the gun, and you could easily be facing prison.

1 Answer | Asked in Contracts, Criminal Law and Estate Planning for Ohio on
Q: What does being power of attorney for an inmate entail?

My close friend is currently in jail and would like to give me power of attorney. Currently, his family has his money, bank account information, social security card, as well as other important legal documents. He does not trust his family to have his best interest due to them being the ones that... Read more »

Jeffrey J Ferguson
Jeffrey J Ferguson answered on Aug 17, 2020

As power of attorney you would be able to look out for the inmates financial interest and do the same as he would. There are laws against using his assets for self interest and that should be avoided.

1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Civil Litigation for Ohio on
Q: I want to add a document to an answer, do I add them to the plaintiffs documents or start my own set of documents?

The plaintiffs documents are false and I do not really want to use them but I don’t want add those to my answer. I haven’t referred to them at all in my answer but I want to add an original will, do I add it to my own as exhibit a or do I add it onto the plaintiffs as exhibit E?

Taylor P Waters
Taylor P Waters answered on Aug 13, 2020

Hi there, your question is a bit too complex to ask over this medium. A good probate attorney should be able to point you in the right direction.

1 Answer | Asked in Criminal Law for Ohio on
Q: Is there a way to beat a felony failure to appear during ohios stay at home order?

I had sentencing on april 21st of 2020 in fulton county ohio common pleas court however I missed it but turned myself in as soon as the order was lifted and was sentenced may 8th but then was indicted on may 22nd for failure to appear

Matthew Williams
Matthew Williams answered on Aug 8, 2020

Your probably best served by negotiating with the prosecutor explaining you were only trying to help prevent the spread of covid-19 and/or protect yourself and others who are at high risk.

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