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Ohio Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Ohio on
Q: I just finished OVI court program 6 months ago and now on non reporting probation until dec of 2024.

However, I recently had a fail on my intoxalock of .029 and passed on the third try after about 30 min. The court contacted me and told me the judge has revoked my driving privileges until dec. If I hire an attorney to help me file a motion how long does it usually take for a decision? I have since... View More

Emely Elizabeth Cruz
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answered on Feb 24, 2024

Hi! This is a bit of a difficult question to answer because it all depends on the judge. First, depending on the court's docket, the decision on your motion can take weeks to months. Good job for continuing to go back to counseling and continuing your efforts to improve. However, it is... View More

2 Answers | Asked in Criminal Law for Ohio on
Q: If I am a witness for the defense can the prosecutor add me as a witness to their side?

I was a witness in a criminal trial for the defense. I went and spoke to law enforcement to advise them of what happened just prior to the alleged crime At the trial the defense attorney asked for a separation of witnesses. I was subpoenaed in the courtroom, forced to leave, and then never called... View More

Patrick DiChiro
Patrick DiChiro
answered on Feb 15, 2024

The Answer to your question is yes. If you are a defense witness and the prosecutor knows about you and thinks there is something that you can add to his or her case, then they can add you to their witness list. The opposite is also true. Many times as a defense attorney, I put a witness that is... View More

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1 Answer | Asked in Criminal Law for Ohio on
Q: In the state of Ohio can I restore gun rights If charges have been expunged
T. Augustus Claus
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answered on Feb 9, 2024

In Ohio, if your charges have been expunged, you may have the opportunity to restore your gun rights. Expungement, or sealing of a criminal record, can effectively remove the conviction from your public record, which might otherwise disqualify you from possessing firearms. However, the process for... View More

2 Answers | Asked in Contracts, Criminal Law and Landlord - Tenant for Ohio on
Q: Wife & I were scammed out of a place and $1,275. What do we do?

Wife & I were going to rent an apartment from someone claiming place was ready. It was far from it. Recently found out this situation has been happening to multiple people by the same landlord. Can we get anything back? They only gave us a small portion back. We are still out $975 and now... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 5, 2024

Given the description, you may file a complaint in small claims court against the landlord. Whether you can succeed will depend, in large part, on the language in the agreement you signed. Try and identify portions of the landlord's responsibilities that the landlord failed to perform.... View More

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1 Answer | Asked in Criminal Law for Ohio on
Q: What is the meaning of: SUPPLEMENTAL RESPONSE TO DEFENDANT'S REQUEST/DEMAND FOR DISCOVERY
Marcus A. Ross
Marcus A. Ross
answered on Feb 5, 2024

Supplemental Response to discovery request means there is additional discovery the Prosecutor is providing to the Defense/Defendant as required under Criminal Rule 16 of the Rules of Criminal Procedure. This could be any tangible evidence( police report/narrative,dash cam/cruiser video,forensic... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Ohio on
Q: While delivering,pulled said no signal,left a drug house, passenger questioned,had past,pulled out cuffed,in car,letgo

While my fiancee & I were doing deliveries a week ago on last delivery when left at stop sign a cop car down the road at a stop sign with lights out, so as usual I used all my signals and waited 5 sec before turning I wasn't followed think I went through 3-4 stop signs and 4 roads before... View More

James L. Arrasmith
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answered on Feb 4, 2024

In the situation you described, it appears that you were stopped by the police for alleged traffic violations and questioned about your activities. It's essential to remember your rights during such encounters. You have the right to remain silent and not answer questions beyond providing your... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: How does a forfeiture work after a federal case is dismissed
James L. Arrasmith
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answered on Feb 4, 2024

After a federal case is dismissed, the process for handling forfeiture depends on the specifics of the case and the nature of the forfeiture. If property was seized as part of the investigation or proceedings, its return typically hinges on whether the dismissal of the case removes the legal basis... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: My friend is in jail for a pv. His attorney is asking for a revocation for community control supervision. What does this
James L. Arrasmith
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answered on Jan 13, 2024

In the context of your friend's situation, a "revocation for community control supervision" typically means that his attorney is requesting a review or hearing regarding the status of his community control or probation. This review is usually initiated when there are concerns about... View More

2 Answers | Asked in Criminal Law and Federal Crimes for Ohio on
Q: Does senate bill 288 make judicial sanctions sentences concurrent to felony sentence?
T. Augustus Claus
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answered on Dec 20, 2023

In Ohio, Senate Bill 288 does not automatically make judicial sanctions sentences concurrent to felony sentences. Senate Bill 288 allows judges to impose "judicial release" sanctions, allowing individuals serving felony sentences to be released early for certain offenses. However, the... View More

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2 Answers | Asked in Criminal Law for Ohio on
Q: If drugs are found in a prison cell can they charge everyone in the cell with possession?
James L. Arrasmith
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answered on Dec 20, 2023

When drugs are found in a prison cell, the question of who can be charged with possession is a complex one and depends on various factors.

Legally, it's possible for authorities to charge everyone in the cell with possession, especially under the concept of "constructive...
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2 Answers | Asked in Criminal Law for Ohio on
Q: If drugs are found in a prison cell can they charge everyone in the cell with possession?
T. Augustus Claus
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answered on Dec 19, 2023

In Ohio, if drugs are found in a prison cell, the legal consequences for individuals sharing the cell can vary. While every case is unique, the mere presence of drugs in a shared space may not automatically lead to charges for everyone in the cell. Prosecutors typically need evidence linking the... View More

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1 Answer | Asked in Criminal Law for Ohio on
Q: I have felonies that have been dismissed. How do I go about getting them expunged?
T. Augustus Claus
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answered on Dec 14, 2023

To expunge dismissed felonies in Ohio, start by checking eligibility criteria and ensuring you've completed the waiting period, typically one year from dismissal. Obtain court records of the case, fill out an expungement application, and file it with the court, paying any applicable fees.... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Ohio on
Q: What are the gun law requirements in Ohio when carrying in a vehicle for non CHL holders?
T. Augustus Claus
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answered on Dec 4, 2023

In Ohio, non-CHL holders can carry a loaded handgun in their vehicle but it must be unloaded and placed in a locked container or a compartment that is out of the immediate reach of the driver or any occupant of the vehicle.

Here are some additional details about Ohio's gun laws for...
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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Municipal Law for Ohio on
Q: Can two people legally fist fight if they both consent
James L. Arrasmith
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answered on Dec 2, 2023

In Ohio, as in many states, consenting to a physical fight does not necessarily make it legal. Even if both parties agree to a fist fight, it can still be considered a breach of the peace or a violation of public order laws.

The legal system generally discourages acts of violence,...
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2 Answers | Asked in Criminal Law and Internet Law for Ohio on
Q: Is it okay to contact the police officer for an update on my case I'm a suspect in?

My apartment was raided and electronics seized on 7/6/2022 under a search warrant under Ohio revised code 2913.04

James L. Arrasmith
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answered on Nov 27, 2023

If your apartment was raided and your electronics were seized under a search warrant, it's understandable that you would want updates on your case. However, contacting the police officer directly may not be the best approach, especially if you are a suspect in the case. Police officers are... View More

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1 Answer | Asked in Criminal Law for Ohio on
Q: My friend was stopped in a car there was two more people in the car they found counterfeit money two guns stolen checks

In Ohio how much time will he gets

James L. Arrasmith
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answered on Nov 11, 2023

In Ohio, the severity of the potential sentence for your friend will depend on various factors, including the specific charges related to the counterfeit money, guns, and stolen checks. Each of these offenses carries its own potential penalties, and if charged with multiple offenses, these can... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Ohio on
Q: For an ovi, can the police take your phone and refuse To let you contact your attorney?

I was pulled over because the cop lied and said I committed a few minor traffic offenses. After he searched and found some roaches he hit me with a field sobriety and had confiscated my phone. I told him I wanna call my attorney and he refused to and told me I'm not allowed. He also never read... View More

James L. Arrasmith
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answered on Nov 10, 2023

In your situation, it's important to understand your rights. The police can temporarily confiscate your phone during an arrest to prevent tampering or destruction of evidence. However, you have the right to contact an attorney, and this should be allowed once you are in custody and the... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Ohio on
Q: Hey so if I took a 48 dollar hat from sacks. And I was caught by the store and gave info to police. could I be charged?

Also let’s say a percent was there with me at the time and had no clue. But sacks stated that it would be up to beachwood if I was to get prosecuted. I made it out the store with nothing. They got the hat back but it was a petty theft dropping the hat in my bag. So the main 2 question for you is,... View More

James L. Arrasmith
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answered on Nov 9, 2023

If you were caught by the store for taking a hat and the police were involved, it is possible that you could be charged with theft. In Ohio, taking merchandise from a store without paying can be classified as petty theft, which is often a misdemeanor if the value is under $1,000. The fact that the... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Ohio on
Q: Can I get a judge disqualified from a bulglary case if he was my judge in past and threatened me to take plea bargain

He was my judge in past and threatened me he would need a calculator to add up my sentence if I went to jury trial and lost

James L. Arrasmith
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answered on Nov 5, 2023

If you feel that a judge's prior conduct or statements demonstrate a possible bias or lack of impartiality in your current case, you have the option to file a motion for recusal. The motion should detail the specific incidents or comments that you believe indicate bias. It's important to... View More

1 Answer | Asked in Criminal Law and Municipal Law for Ohio on
Q: What does “bind over pw sent to cpc*LO” mean?
Linda  Malek
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answered on Nov 3, 2023

A bind over is where a defendant has been charged with a felony. The case begins in the municipal court or lower court and is ‘bound over’ to the CPC or Common Pleas Court. Remember that municipal courts can only hear misdemeanors not felonies. Felonies are in the jurisdiction of the Common... View More

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