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Ohio Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Social Security for Ohio on
Q: I've found on the web recently that I had some kind of a lawsuit filed but I've known nothing about it. 3;2013cv00060

I recognize the city and state and the names like the prosecutor and judge but I never received any money or court dates.

James L. Arrasmith
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answered on Sep 24, 2023

If you believe a lawsuit has been filed involving you without your knowledge, it's imperative to immediately obtain a copy of the court records related to case number 3:2013cv00060 from the relevant jurisdiction. This will provide clarity on the nature of the lawsuit, the parties involved, and... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Social Security for Ohio on
Q: How can a person be indicted for theft of government property from social security when overpayment has been repaid
James L. Arrasmith
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answered on Sep 21, 2023

If a person has repaid an overpayment to Social Security, they should maintain records of the repayment. In some cases, an indictment for theft of government property may be based on misunderstandings or errors in record-keeping. To address such a situation, it's advisable for the individual... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Overpayment for ssa has been repaid and almost 7 years later my fiance is being prosecuted. How is that logical or legal
T. Augustus Claus
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answered on Sep 19, 2023

It's unusual for someone to be prosecuted for an overpayment of Social Security benefits that has been repaid. Social Security overpayments often occur due to errors or changes in circumstances, and the Social Security Administration (SSA) typically works with individuals to resolve these... View More

1 Answer | Asked in Criminal Law, Family Law, Child Support and Municipal Law for Ohio on
Q: What are my options for recourse in Ohio if a butler county juvenile court employee informed me incorrectly?

Had CS hearing for contempt- couldnt make it. Warrant issued. Paid to get recalled, was issued new hearing (employee came out, handed me new date paper & said “be there”). Again, date conflicting. I asked how to reschedule. She refused to go back (hearing was done w/ me in the lobby) to ask... View More

Todd B. Kotler
Todd B. Kotler
answered on Sep 14, 2023

The employees cannot give legal advice. There are literally signs all over every court stating this. YOU are responsible for either hiring an attorney or learning the rules through independent research. Appear before the court ASAP and make your explanation. Better yet, invest in actually... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Can I represent myself ? My ex has lied and taking me to court ? Why I don’t no I guess a protection order she filed
T. Augustus Claus
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answered on Sep 13, 2023

Yes, you have the right to represent yourself in court, including in cases involving protection orders in Ohio. This is known as representing yourself "pro se." However, it's important to be aware that legal proceedings, especially those involving protection orders, can be complex,... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: In Ohio, why can't I file for a restraining order on behalf of another adult?

What's the law that prevents this?

T. Augustus Claus
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answered on Aug 29, 2023

In Ohio, you generally cannot file for a restraining order on behalf of another adult because the law requires the person seeking the restraining order to be the victim or the person in need of protection. The law aims to respect individual autonomy and prevent abuse of the legal process. This... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: How long does the prosecution have to provide discovery?

My son was arrested May 5, 2023 bonded him the next morning after court. Informed us that he had to return to court on May 12. Went to court and after sitting in the waiting area informed that he didn't have to come and he would get a new court date via mail. As of today 8/23/2023 no court... View More

T. Augustus Claus
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answered on Aug 23, 2023

In Ohio, the rules regarding the timeline for providing discovery, which includes evidence and information related to a criminal case, can vary based on the specific court rules and local practices. Generally, the prosecution is required to provide discovery to the defense in a timely manner to... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: What does it mean when someone is being held on 2 cpc cases by magistrate but was ordered release? Does it mean theyout
T. Augustus Claus
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answered on Aug 3, 2023

If someone is being held on two CPC cases by a magistrate but was ordered release, it suggests that the person was involved in two separate child protection cases, possibly as a parent or guardian of the child. The magistrate, after reviewing the cases, may have ordered the person's release,... View More

2 Answers | Asked in Real Estate Law, Criminal Law and Personal Injury for Ohio on
Q: A branch from a tree in my backyard fell in my neighbors yard last night during a severe thunderstorm, tearing down her

Tearing down her electric lines. She came to me today demanding that I help her with the “expenses” of having it repaired and get the tree cut back away from her house. Am I responsible? I told her I thought that her first call should be to the electric company for repairs (I’ve never had... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 28, 2023

My guess is that your question is whether you are liable for the damages. Like most things in law, the answer is "it depends". Has your neighbor complained to you about the tree or the branches? In order to establish that you were unreasonable or breaching a duty of care to the... View More

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1 Answer | Asked in Criminal Law for Ohio on
Q: Can I purchase a gun in Ohio with a non violent felony?

I'm no longer on probation

T. Augustus Claus
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answered on Jul 18, 2023

When it comes to gun ownership and possession, federal and state laws play a significant role. In Ohio, individuals with certain felony convictions are generally prohibited from owning or possessing firearms. However, the specifics can vary depending on the circumstances and the nature of the... View More

4 Answers | Asked in Criminal Law and Real Estate Law for Ohio on
Q: What do I do if someone forged my name on a deed, had it notarized illegally & signed my house over themselves?

My ex forged my name on my deed signing over my house to him. Had his notary friend notarize it without my permission or presence. Now he’s threatening to evict me and idk what to do after I file a police report. We were never married if that helps.

T. Augustus Claus
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answered on Jul 17, 2023

If someone has forged your name on a deed and illegally transferred your property, it's important to act quickly. Gather evidence of the forgery and preserve all relevant documents and communication records. Notify the involved parties, express your objection to the transfer.

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4 Answers | Asked in Criminal Law and Real Estate Law for Ohio on
Q: What do I do if someone forged my name on a deed, had it notarized illegally & signed my house over themselves?

My ex forged my name on my deed signing over my house to him. Had his notary friend notarize it without my permission or presence. Now he’s threatening to evict me and idk what to do after I file a police report. We were never married if that helps.

Anthony M. Avery
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answered on Jul 17, 2023

Ejectment, Quiet Title, Reformation of Deed are all causes of actions that need to be filed soon. A title search needs to be done first, then your lawyer needs to draft suit. When filed a Notice Lis Pendens needs to be issued then recorded. Suit against the Notary is a quick, easy claim on... View More

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4 Answers | Asked in Criminal Law and Real Estate Law for Ohio on
Q: What do I do if someone forged my name on a deed, had it notarized illegally & signed my house over themselves?

My ex forged my name on my deed signing over my house to him. Had his notary friend notarize it without my permission or presence. Now he’s threatening to evict me and idk what to do after I file a police report. We were never married if that helps.

Todd B. Kotler
Todd B. Kotler
answered on Jul 18, 2023

I recommend that you record an affidavit of facts regarding the title of the home, then file a an action to quiet title, on the property and fraud against your ex and the notary, You can also report the forgery to the police, but you will still need to file the civil actions to remove the cloud... View More

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1 Answer | Asked in Criminal Law for Ohio on
Q: How is a criminal case settled pre indictment?
T. Augustus Claus
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answered on Jul 10, 2023

A criminal case can be settled pre-indictment through plea negotiations or participation in pretrial diversion programs, where the defendant may plead guilty to reduced charges or complete certain requirements to have the charges dismissed. The specific options and process will depend on the... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Can West Virginia subpoena a witness from Ohio in a criminal case
Patrick DiChiro
Patrick DiChiro
answered on Jun 15, 2023

Yes, as long as the procedures are followed for an out of state subpoena. 43 states are part of a program that follow the procedures for out of state service of subpoenas. I believe that Ohio and West Virginia are part of that program.

I would check with an attorney to determine if the...
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1 Answer | Asked in Criminal Law for Ohio on
Q: Can Ohio common pleas courts change sentencing hearings dates without notification?

My friend was in jail waiting for her sentencing hearing that was scheduled for June 26th. She called me yesterday saying they woke her up in the morning and brought her to court for sentencing on June 1st. 25 days early with no notification. It wasn’t changed on the court docket until May 31st.... View More

Matthew Williams
Matthew Williams
answered on Jun 2, 2023

The court is empowered to sentence a defendant immediately following a conviction. If you plead guilty, the judge tells you that as part of the conversation you have before the plea to ensure you know what you are doing. But they usually don't sentence immediately in Cuyahoga County Common... View More

2 Answers | Asked in Criminal Law for Ohio on
Q: can I get arrested for using something I was told I can use?

I am 18 and live with my dad. I have started mowing yards in my neighborhood and I’ve been using my dads mower. He didn’t care that I’ve been using it or wanted to. My siblings went somewhere without asking while he was working and I didn’t know and when my dad found out he told me I... View More

William Jeptha Williford
William Jeptha Williford
answered on May 13, 2023

As an 18 year old adult, or anyone of any age, for that matter, I would suggest that you not take the mower. As I understand it, he has told you that you are no longer welcome to it; taking it without his consent could be problematic for you. I would just speak to the owner of the yard and... View More

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2 Answers | Asked in Criminal Law for Ohio on
Q: can I get arrested for using something I was told I can use?

I am 18 and live with my dad. I have started mowing yards in my neighborhood and I’ve been using my dads mower. He didn’t care that I’ve been using it or wanted to. My siblings went somewhere without asking while he was working and I didn’t know and when my dad found out he told me I... View More

Marcus A. Ross
Marcus A. Ross
answered on May 13, 2023

Your father can file an Unauthorized Use of Property Charge or Theft charge against you if he gave you specific instructions not to use or possess the lawnmower. Unauthorized Use of Property or Theft are criminal offense(s) which can be misdemeanor or felony classification offenses based on the... View More

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1 Answer | Asked in Criminal Law for Ohio on
Q: What does prosecutors designation of nondisclosure of evidence or for counsel only mean??
Patrick DiChiro
Patrick DiChiro
answered on May 12, 2023

This is a Designation allowed under Ohio Criminal Rule 16(C), which states as follows:

"(C) Prosecuting attorney’s designation of “counsel only” materials. The prosecuting attorney may designate any material subject to disclosure under this rule as “counsel only” by stamping...
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1 Answer | Asked in Criminal Law for Ohio on
Q: If a cop was standing on freeway shoulder, can he accurately use his lidar gun if two vehicles pass him by as it’s used?

I was pulled over on the freeway by a motorcycle patrolman. He was standing on the side of the freeway using his laser gun. I have on dash cam recording two vehicles passing him by as he supposedly caught me doing 75 in a 65 is there a reasonable doubt that he Could have been affected by the wind... View More

Marcus A. Ross
Marcus A. Ross
answered on Apr 18, 2023

The Ohio Supreme Court ruled in a 2020 decision (Rodojev decision)that an expert is not required to be in court to testify about how laser speed detection units/guns work. The results of the speed laser detection unit on the speed of the motorist are admissible without the testimony of an expert... View More

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