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Ohio Criminal Law Questions & Answers
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.

1 Answer | Asked in Criminal Law for Ohio on
Q: Was there an order to halt in person appearances in ohio courts during the stay at home order?
Matthew Williams
Matthew Williams answered on Aug 8, 2020

Not state wide but some courts shut themselves down completely for a while.

1 Answer | Asked in Criminal Law for Ohio on
Q: What’s the punishment for 3 counts of aggravated menacing?
Matthew Williams
Matthew Williams answered on Aug 3, 2020

Every crime carries a range of potential punishments. The sentence imposed will be up to a judge based on the crime(s) of conviction, the facts and circumstances, and the history of the defendant. Agg. Menacing is a first degree misdemeanor carrying up to 180 days in jail. You should work with an... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: i have a question about ILC

what are the steps that are taken to start and complete the ILC?

Matthew Williams
Matthew Williams answered on Aug 1, 2020

Each court's ILC program is a bit different. But generally, it involves filing a motion requesting ILC, going to a meeting with the probation department to determine eligibility, entering a guilty plea (though the court will hold that in abeyance, meaning you will not convicted at the time you... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Ohio on
Q: How should I handle fighting this charge from a fake domestic violence claim?

My ex girlfriend was supposed to drop my son off. She called when she parked on my street and I told her I'd be out to get him. She came inside while I got pants and shoes. My son was asleep. I tried to put him in bed, but he woke up. I got him food and let him eat in my room. While I did... Read more »

Matthew Williams
Matthew Williams answered on Jul 24, 2020

If you've been charged with a crime out of this, you need to hire an attorney. Unfortunately, unfounded allegations like this can cause you a ton of trouble.

1 Answer | Asked in Criminal Law, Divorce and Family Law for Ohio on
Q: Where should I file for TPO?

My abuser lives in Georgia. The abuse happened in Georgia. We are actually going through separation process in Georgia. I currently live in Ohio, and the abuser often comes in Ohio.

Where should I file for a TPO?

Cathy Cook Esq
Cathy Cook Esq answered on Jul 18, 2020

You can file in Ohio & use the order when he comes here. It should also be valid in Georgia, but you should check with the court or an attorney there.

1 Answer | Asked in Criminal Law, Real Estate Law and Gov & Administrative Law for Ohio on
Q: Our deed was fraudulently transferred. The criminals have since been convicted. We have yet to have the deed returned.

This happened over 2yrs ago and the title office and everyone else has given us the runaround. The property has since taken on extensive damage due to vandalism ect.. What should be our next steps. Would the county be at least partially responsible for damages? The criminals were ordered almost... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 13, 2020

If the original court proceeding found the transfer to be fraudulent, you can use that to seek a voiding of the transfer. You may need to file a complaint for declaratory judgment and quiet title.

1 Answer | Asked in Criminal Law for Ohio on
Q: I missed a court date and now I have a capias and a $10,000 bond and EMU hanging over my head. How can I avoid the EMU?

In April I was charged with violating a CPO after having to vacate my house.( wife and I are divorcing). I went to court date in May and the case was continued due to Covid19. The new court date was sent to my house which I dont have access to and I failed to appear at the arraignment. I looked for... Read more »

Matthew Williams
Matthew Williams answered on Jul 11, 2020

There’s no guarantee. You’ll just have to ask your lawyer and request the court drop the monitoring requirement and tell the judge why that would be a good idea. Some judges are flexible, others are not.

1 Answer | Asked in Criminal Law for Ohio on
Q: My girlfriends probation was to be up on april 15 but the virus pushed it andwas popped with a violation on June 22nd?

My girlfriend was on probation and was supposed to be done on April 15th but with the corona situation it kept getting pushed then on June 22nd she was arrested for a violation for having a felon help us with putting up a pool. The judge then sentenced her to 2 years. Her court appointed attorney... Read more »

Matthew Williams
Matthew Williams answered on Jul 11, 2020

You can appeal...though it’s unclear from your question if you actually have grounds

1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: Can Carrying concealed weapon charge be lessened to something else or dismissed
Hunter G. Cavell
Hunter G. Cavell answered on Jul 9, 2020

Talk to a criminal defense attorney. This will depend on the circumstances, the prosecutor, and the judge. There is no one-size-fits-all answer here.

2 Answers | Asked in Criminal Law and Civil Rights for Ohio on
Q: Can I own a gun with a sealed record

I was convicted of a felony 5 complicity to breaking and entering 20 years ago I have had my record sealed do you know if I can own a gun

Hunter G. Cavell
Hunter G. Cavell answered on Jul 9, 2020

I may have answered your question before, suggesting that you seal your record. I would simply call a criminal attorney near you and ask. They will know the requirements.

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1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: Can I own a gun

I was convicted of a felony 5 breaking and entering 20 years ago I recently had it sealed do you know if I can own a gun I live in Ohio

Hunter G. Cavell
Hunter G. Cavell answered on Jul 8, 2020

You should look to get your record sealed. Technically expunging a record does not exist in Ohio, but you could likely seal it. The problem you have is the crime is inherently violent, and you likely will not qualify for a firearms purchase until the record is sealed. You can speak with an... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: My boyfriend was arrested on a felony 5 dv charge

(I’m pregnant, no harm done to child) they set his bond at 50k, we Went To preliminary hearing and they did no reduction of bond... His lawyer also had him sign a paper saying i couldn’t be brought to stand..? they haven’t set another court date yet and it’s been a other week? He’s been... Read more »

Matthew Williams
Matthew Williams answered on Jul 5, 2020

The paper he signed except that it’s likely a protection order barring him from contact with you.

It isn’t abnormal for court dates to take several weeks in between.

The charges carries up to 12 months, and a mandatory 6 months due to the pregnancy aspect.

1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: Can Carrying concealed weapon F4 charge be reduced or dismissed
Matthew Williams
Matthew Williams answered on Jul 5, 2020

Any charge can be reduced or dismissed. The question is will it be, and that depends upon the facts and the work of an attorney.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: My child father has been charged with felony 3 domestic violence charge and I was the victim

I don’t want to press charges anymore. What should I do to help?

Matthew Williams
Matthew Williams answered on Jun 30, 2020

You can tell the prosecutor, but they’re likely to push forward with the case anyway. The best thing you can do is to help him find an attorney.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: If you get a warrant can another state see your warrant?
Hunter G. Cavell
Hunter G. Cavell answered on Jun 29, 2020

Many states will share information like this. So, I hate to say it, but it depends. The real question is will the state where the warrant was issued want to pay to extradite? That will depend on the alleged crime committed.

1 Answer | Asked in Employment Law and Criminal Law for Ohio on
Q: I believe an employee recorded me on her cell phone without my knowledge. Is this legal and can the employee delete ?

she was told to do something several times that the work situation was hot and she didn't do it. I lost my temper and cursed.

Nicholas P. Weiss
Nicholas P. Weiss answered on Jun 29, 2020

As a matter of Ohio law, this is not illegal. Ohio is a one-party state for recordings, which means only one person has to be aware that the interaction is being recorded and consent to it to have the recording be legal. Her recording you at work may violate a corporate policy resulting in... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: Does an arrest warrant have an expiration date if it was a case for domestic violence and assault?
Matthew Williams
Matthew Williams answered on Jun 29, 2020

Arrest warrants do not expire.

1 Answer | Asked in Criminal Law for Ohio on
Q: Is attempted forgery a felony in Ohio? I was initially charged with forgery but they dropped it to attempted forgery.
Matthew Williams
Matthew Williams answered on Jun 29, 2020

It depends upon the amount of money involved. Forgery under $7500 is a fifth degree felony. The effect of adding the attempt statute is to lower the offense by one level, which would make it a first degree misdemeanor. But if there value was over $7500, it would be a fourth degree felony and so, an... Read more »

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