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Ohio Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Federal Crimes, Civil Litigation and Health Care Law for Ohio on
Q: Can Probation office enforce a (unwritten) requirement mandating disclosure of patient’s therapy records to third party?

Probation Office put in place a new (unwritten) requirement for persons in their programs to have an accountability partner. This requirement involves a process of a third party (another person) previewing/accessing a packet of documents created by a health facility that handles behavioral (group)... View More

James L. Arrasmith
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answered on Jul 21, 2024

No, a probation office cannot enforce an unwritten requirement mandating the disclosure of a patient’s therapy records to a third party without proper legal basis. Therapy records and patient notes are generally protected by HIPAA, which ensures the confidentiality of medical information. The... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: What is the maximum supervised release federally for conspiracy to distri under 100g of heroine. What class conviction

I was a career offender (under 100 g of heroine( conspiracy to distribute) and was given 6 years supervised release on top of my sentence And it was my first time going to prison. Is 6 yrs excessive. Also what class felony is this conviction.(6th cir Northern Ohio.

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answered on Jul 21, 2024

The maximum term of supervised release for a federal conviction of conspiracy to distribute under 100 grams of heroin depends on various factors, including the specific details of your case and your criminal history. Generally, supervised release terms for drug offenses can range from 3 to 5 years,... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Domestic Violence for Ohio on
Q: Was I falsely imprisoned for a week

Was arrested July 4th 5:00 p.m. supposed domestic violence held until Monday 3:00 p.m. when I was told no charges were ever filed

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answered on Jul 21, 2024

It sounds like you experienced a troubling situation. Being arrested on July 4th for supposed domestic violence and then held until Monday without any charges being filed raises serious questions. Generally, if no charges are filed, holding you for that long could potentially be considered false... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Ohio on
Q: How do I get a lawyer for my husband who is being held in Miami county jail on a PV holder for invest.

He’s been held for almost two weeks. And it’s over a neighbor saying he verbally threatened them. Which is a lie.

James L. Arrasmith
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answered on Jun 21, 2024

To help your husband get legal representation while he's being held in Miami County Jail, you can take the following steps:

1. Contact the Miami County Public Defender's Office:

If your husband cannot afford a private attorney, he may qualify for a court-appointed lawyer....
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1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Landlord - Tenant for Ohio on
Q: What can I do to get my belongings back from my boyfriends mother?

For context, my boyfriend and I ended up losing our home and living in his moms basement for a couple months. I found out I was pregnant and soon after, him and his mom had gotten into an argument about the way we were being treated there. (Not being able to do laundry, being accused of things we... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, here are some potential steps you could consider:

1. Document everything: Make a detailed list of all your belongings that are still at your boyfriend's mother's house, including any items of particular value or importance.

2....
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1 Answer | Asked in Criminal Law and Social Security for Ohio on
Q: Can you be charged for receiving stol in property if the police find a stolen car in front of your house but you didn't
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answered on Jun 19, 2024

Generally speaking, to be guilty of receiving stolen property under Ohio law (ORC 2913.51), the prosecution would need to prove beyond a reasonable doubt that you received, retained, or disposed of property of another, knowing or having reasonable cause to believe the property was obtained through... View More

1 Answer | Asked in Civil Rights and Criminal Law for Ohio on
Q: My ex hacked my security cameras and is blackmailing me with photos she took from it what can I do
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answered on Jun 10, 2024

If your ex hacked your security cameras and is blackmailing you with photos, it's important to take immediate action. Start by securing your devices and changing all passwords associated with your security cameras and other accounts. Make sure to use strong, unique passwords to prevent further... View More

1 Answer | Asked in Criminal Law, Constitutional Law, Education Law and Legal Malpractice for Ohio on
Q: What do I do because my son’s lawyers did not have him evaluated. They made have decide plea of life or trial maybe deat

Memory , sensory, brain damage (epilepsy). Mentally retarded,hearing loss,barely can read depression adhd emotionally neglected, forced to go gf stabbed him,, he only. Knew to take a tv not arson or anyone was there. On video but not used. And a lawyer I’ve called dozens of times and yet he is... View More

James L. Arrasmith
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answered on Jun 10, 2024

It sounds like your son is in a very difficult situation, and it's understandable that you are concerned about how his case has been handled. First, you should contact another attorney immediately to discuss your concerns about his current legal representation. This new attorney can review the... View More

1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: I was in a autoparts parking lot , my car was over heating so i decided to take a nap why it cooled off. I dont drink .

A person called 911 cause they couldnt wake me( i was a sleep fir approximatly 28 minutes.)and told 911 that they didnt know what was wrong but i might be overdosed. Medics showed up and put me in the ambulance. The cops showed up and medic and cop said i admitted fentynal use(which i have never... View More

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answered on Apr 15, 2024

Based on the information provided, it seems like there are several potential legal issues at play:

1. Unreasonable search and seizure: If the police searched you and your vehicle without probable cause, your consent, or a warrant, it could be a violation of your Fourth Amendment rights...
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1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: Can a police officer legally stop and ID someone because they “look young” when it is past curfew, in ohio.
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answered on Apr 15, 2024

In Ohio, a police officer may stop and question a person who appears to be underage and out past curfew hours. However, the stop must be based on reasonable suspicion that the individual is violating curfew laws.

Key points regarding curfew stops in Ohio:

1. Ohio has a statewide...
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1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: Criminal law question. Search and Seizure question - legitimate search or violation of 4th and 14th amendments?

A vehicle occupied by 4 occupants crashes into a stationary object. Two of the occupants are fatally injured and died on scene. The other two occupants, one being the driver, are injured and found unconscious by responding public safety officials - police, fire/rescue, and paramedics.

The... View More

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answered on Apr 10, 2024

This is a complex legal question involving the Fourth Amendment protection against unreasonable searches and seizures and the legal doctrine of "plain view." Here are the key considerations:

1. Expectation of privacy: The Fourth Amendment protects against unreasonable searches and...
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1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Ohio on
Q: A 16 yr old boy and 15 yr old girl are dating, and have been dating for almost 11 months. When he is 17, is it illegal?

The girl just turned 15 and he will be turning 17 in a couple weeks. Is it against the law for him and her to continue dating when he is 17? How does the law apply to this type of scenario? If two people are dating and they are both minors, but one is older than the other by a year and a half, when... View More

Linda  Malek
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answered on Mar 25, 2024

Dating or having sex? Dating is not illegal at that age, obviously we are assuming parents are ok. However, when the young man turns 18, she will be turning 16, I am presuming shortly after…It would not be statutory rape because she is 16 (the age of consent). If she is 15 then it would be... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: I live in Stark Co, Ohio. In 2016 I was convicted of a felony 5 , drug possession of heroin charge. One other misdemeang

... charge of theft. But no other charges or convictions. In 2022 I had both cases sealed/expunged. Had my gun rights been disabled? Are they now restored? How can I find out?

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answered on Mar 25, 2024

Hello. No, your gun rights are not automatically restored once they have been disabled. You would have to petition the courts to have your rights restored, and must demonstrate to the Court that you meet the requirements to have your rights restored. Please remember that sealing and expungement... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Public Benefits for Ohio on
Q: In Ohio if someone receives a section 8 voucher then later is convicted of a felony gun charge will they be terminated?

F3 attempt- revised code 2923.161

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answered on Mar 21, 2024

If you receive a Section 8 voucher in Ohio and later get convicted of a felony gun charge, such as an F3 attempt under Revised Code 2923.161, this may impact your housing assistance. Generally, the Housing Choice Voucher Program (Section 8) has rules that allow for termination of assistance if a... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Can they impose jail time on a probation violation if the new charge for the violation does not carry any jail time?
Marcus A. Ross
Marcus A. Ross
answered on Mar 16, 2024

Yes. The judge who is presiding over the case can impose jail time on the suspended sentence of the original/underlying conviction. In Franklin County one of the terms and conditions of probation typically requires a defendant to obey the laws of the state of Ohio and/or not pick up any new... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Criminal Law for Ohio on
Q: I have been on probation for 2 months longer than sentenced. Ive asked for exp. date "I'll get back to you" can I sue?

I finally found my case information today and I knew I was right. Now they changed my probation officer. At the original meeting at probation in Lawrenceburg IN I was given a paper with all info according to my conditions. On the paper it even says that my probation isn't due to end until... View More

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answered on Mar 9, 2024

Based on the information you've provided, it does seem like there is a discrepancy between the probation end date given to you by your probation officer and the end date that would be calculated based on your 870-day sentence. If you have indeed been kept on probation longer than your original... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Lemon Law for Ohio on
Q: Who do I contact or what can I do about a Used Auto Dealership, trying to fraud me?

I financed a vehicle for 13,000. Everything got finializied, the Finance guy at the dealership is trying to fraud me out of money for things that dont connect with my loan or contract, is threatening me and trying to use scare-tactics to have me voluntary repo the car and still be at fault for a... View More

Marcus A. Ross
Marcus A. Ross
answered on Feb 29, 2024

You can contact the Ohio Attorney General’s Office Consumer Fraud Division which deals with fraud and deceptive trade and sales practices by businesses like automobile dealerships and report tge fraudulent behavior. You also obviously have the option of filing a civil action against the finance... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Is stolen property admissible as evidence if given freely by the thief?

If someone steals something, like a phone or files, and freely gives that information to the police, is it admisible as evidence against the person it was stolen from? This is assuming the police had no idea it was going to be stolen.

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answered on Feb 26, 2024

* No, stolen property that is freely given to police by the thief would generally not be admissible as evidence against the person it was stolen from. There are a few reasons why:

* The evidence was obtained illegally to begin with by the thief, so it would likely be excluded under the...
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1 Answer | Asked in Criminal Law, Federal Crimes and Family Law for Ohio on
Q: Is is fraud to have wedding ceremony but not get legally married? Marriage could negatively impact debt liability + SSI.

Asking for friends. If a disabled person and a non-disabled person are dating, and want to get married for religious + social reasons, but discover marriage would put the disabled partner over the income limit for SSI, is a non-legal religious ceremony ok? Or is it fraud?

In this case,... View More

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answered on Feb 25, 2024

Holding a wedding ceremony without completing the legal formalities to become officially married is not, in itself, fraud. Many couples choose to have a religious or ceremonial marriage without the legal recognition for various personal reasons, including financial or medical benefit... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Civil Rights for Ohio on
Q: purchasing a firearm and obtaining a CCW in ohio with a criminal record

I do not have any felonies.

I do have a Domestic violence charge from 6 years ago that was dismissed in court. I looked up the court docket recently to make sure it was dismissed.

I also got a menacing charge that was dropped down to a disorderly conduct charge. i’ve tried... View More

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answered on Feb 25, 2024

Given your situation, it's essential to understand that firearm laws can vary by state and can be complex, especially concerning individuals with prior criminal records. In Ohio, domestic violence convictions can result in restrictions on firearm ownership, even if the charge was dismissed or... View More

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