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Ohio Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Ohio on
Q: My boyfriend/sons father and I had an argument about 5 months ago. I thought he had taken my phone but I misplaced it

And reported it stolen so he has an F2 for robbery and physical harm but I don’t want to go through with anything

Matthew Williams
Matthew Williams
answered on Sep 26, 2022

Well, you can talk to the prosecutor about it. Occasionally they decide not to move forward with a case based on new info or an uncooperative victim. In this case it would help A LOT if you could show them you found the phone. If you don’t have it, they probably aren’t going to believe you... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Ohio on
Q: Why does a domestic violence show up on my federal criminal background check when i was dismissed of the charge in Ohio

My record was also sealed my lawyer had done. Could it not been sent to federal government database? Theres nothing of me in the system my lawyer had clerk of courts run me an theres nothing in the system of me in ohio

Matthew Williams
Matthew Williams
answered on Sep 26, 2022

Some employers are exempt from the record sealing laws and can see a sealed record. Adult records are never truly destroyed. The basic rule of thumb is that any employer who will put the physical safety of living human beings in your hands is exempt: hospitals, schools, law enforcement, day and... Read more »

2 Answers | Asked in Criminal Law for Ohio on
Q: If a defendant was under the influence of drugs when they confessed. Can they be prosecuted for corruption w drugs/ohio.
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 19, 2022

Maybe but you would need to post your question in the Ohio section not the New Jersey section to get the correct answer for that state, thus I suggest you repost your question.

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2 Answers | Asked in Criminal Law for Ohio on
Q: If a defendant was under the influence of drugs when they confessed. Can they be prosecuted for corruption w drugs/ohio.
Matthew Williams
Matthew Williams
answered on Sep 20, 2022

Yes, the State can and probably will proceed to prosecute. The question of whether or not the confession comes into evidence will be decided by a motion to suppress it. If it does come in, and it probably will, then the defense is free to argue to the jury that it is unreliable but how much weight... Read more »

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1 Answer | Asked in Criminal Law and Real Estate Law for Ohio on
Q: Husband was on life support his sister filed quit claim deed on house putting it in her name. Is this fraud not his sign

The house was to go to me before he died she put deed in her name no way he agreed he had been unconscious in coma

Nicholas P. Weiss
Nicholas P. Weiss
answered on Sep 16, 2022

If she forged his signature you will need to 1) report the fraud to the police and 2) file a declaratory judgment action against her to unwind the transaction. Quit claim deeds in Ohio also must be notarized, so find the notary and bring a claim against them as well for fraudulently notarizing the... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: Can a jailed defendant in a pending criminal case in Ohio view the probable cause search warrant affidavit? If so, how.
Matthew Williams
Matthew Williams
answered on Aug 30, 2022

The search warrant affidavit is almost certainly marked counsel only. The defendant's lawyer can share the contents of it with the defendant but cannot actually give the defendant a copy. The defendant should ask to speak with his or her attorney regarding the contents of the affidavit.

2 Answers | Asked in Criminal Law, Civil Rights and Communications Law for Ohio on
Q: If a case is pending, how do I find out?

Case information, local or moved to federal level.

Matthew Williams
Matthew Williams
answered on Aug 30, 2022

Most court websites have docket search features which allow you to search for cases by party name. The federal courts have a service called PACER which allows you to do so for all federal courts as well.

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1 Answer | Asked in Domestic Violence and Criminal Law for Ohio on
Q: Is it a crime to defend yourself against someone with a broken leg or arm if they attack you?

If a person with a broken leg or arm is possibly still a threat and tries to harm me but I defend myself is that considered self-defense or assault?

Matthew Williams
Matthew Williams
answered on Aug 10, 2022

You are permitted to use proportionate force to defend yourself. It all comes down to reasonableness. Is it reasonable to shoot a person for slapping you in the face? No. That's not self-defense. Does it matter if your attacker has an injury like you say? Yes, to some extent that will inform... Read more »

1 Answer | Asked in Criminal Law and Landlord - Tenant for Ohio on
Q: Neighbor smoking crack meth in duplex . It's coming thru our walls making us sick. What's our rights??

He does it all day all night. Has MM card so police won't do anything. But in Ohio it's against law to smoke MM or burn it. We talked to him he said he will do whatever he wants. It makes my grandkids sick too. What do we do

Matthew Williams
Matthew Williams
answered on Aug 10, 2022

Have you spoken to the landlord? Drug use is a reason a tenant can be evicted and landlords generally do not like it because they can actually be criminally liable for permitting drug abuse once it is brought to their attention.

1 Answer | Asked in Criminal Law for Ohio on
Q: Can you still get a suppression hearing if you missed the deadline for Pretrial motions?

I asked my attorney to file a motion for a suppression hearing before the deadline for Pretrial motions. I realized after the deadline that the motion was never filed. When I asked my attorney why it was not filed I was told he was under the impression I wanted to take a plea deal which I never... Read more »

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jul 20, 2022

Yes. You have to tell your lawyer to file it ASAP and allow the layer to explain the circumstances to the judge. If you have plead already they will ask for a relief from judgment.

1 Answer | Asked in Criminal Law for Ohio on
Q: If my best friend has blackmailed and threatened me can I threaten them back
Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jul 18, 2022

You are better off filing a criminal charge against them.

1 Answer | Asked in Criminal Law and Probate for Ohio on
Q: whats thia mean it was the last entry in docket

PV WARRANT DISMISSAL - MOTION AND ENTRY TERMINATING COMMUNITY CONTROL SANCTIONS - AGE OF WARRANT This matter is before the Court on oral motion of Community Control to terminate the previously imposed sanction of community control. Court finds the Offender has not absconded or otherwise absents... Read more »

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jul 15, 2022

This means you are no longer under any court orders. You are finished with probation. Depending on the charge you can seal it in either 1 or 3 years if it is a sealable offense.

1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: Can police seize your cell phone without a warrant in Ohio?

Someone called police and said there was a body at a house and said it was my grandson that called. It wasn’t we heard recordings and he was with me all that night.

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jul 14, 2022

If the police have probable cause to believe that the cell phone was used for a crime, or contains evidence for a crime, they may seize it.

1 Answer | Asked in Criminal Law for Ohio on
Q: Where in the Ohio Revised Code is it stated that a non-certified peace officer cannot carry a firearm when on duty?
Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jul 13, 2022

Senate Bill 215 enacted 6/13/22 allows for "permitless" ccw. There are restrictions and I advise you to research under ORC 2923.12 to make sure you qualify. Your issue may fall under the civil liability section if someone questioned you. There are also restrictions on the types of... Read more »

2 Answers | Asked in Criminal Law, Traffic Tickets and Civil Rights for Ohio on
Q: Did law enforcement need to get a new warrant because the vehicle was transfered in my name a hr.before the search?

I bought and titled the vehicle before the search. Dont they have to get a new warrant since the target vehicle changed ownership

?

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jul 10, 2022

The warrant relates to the car as owned at the time when it was issued. Therefore the popo does not need to get a new warrant for a vehicle that transferred ownership while under the original warrant.

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1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Ohio on
Q: Good evening if I am on colors for drug testing in Kentucky and I legally live in my residence in Ohio can I smoke weed
Joseph Aaron Bondy
Joseph Aaron Bondy
answered on Jul 6, 2022

I don’t know what it means to “be on colors” in Kentucky, and I am not an attorney in Ohio, however cannabis possession in Ohio is unlawful whether in public or your home—possession of under 100 grams remains a misdemeanor. See, generally, https://norml.org/laws/ohio-penalties-2/

1 Answer | Asked in Personal Injury and Criminal Law for Ohio on
Q: I was cited for reckless operation of a golf cart on put in bay. But the court house doesn’t have me on file and

I also broke my leg, but they won’t let me do it virtually and say I need to get ahold of the put in bay police to send them the information. What should I do

Tim Akpinar
Tim Akpinar
answered on Jun 25, 2022

An Ohio attorney could advise best, but your question remains open for two weeks. By now, you may have already done so, but this is something to be discussed with a defense attorney. In terms of the personal injury element of breaking your leg, if it was related to the reckless driving charge and... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: I have had to leave my girlfriends condo due to her drug induced son. How can i get my possessions?

I have a very nice bicycle and watch along with computers and my clothes

Christopher Piazza
Christopher Piazza
answered on Jun 2, 2022

Generally, in these cases, I advise my clients to call the local police for the area where the condo is located (for example, Strongsville PD or Cleveland PD 2nd District). Tell them that you want to get some stuff out of the house. They'll dispatch officers who will knock on the door, ask... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: Can you appeal a case that has been continued multiple times and the defendant is not guilty
Matthew Williams
Matthew Williams
answered on May 25, 2022

It sounds like the case is still in the pre trial phase so an appeal would be untimely. The basic timeline is arraignment, pre-trials (discovery and negotiations), either plea or trial, sentencing, and then appeal.

1 Answer | Asked in Criminal Law for Ohio on
Q: delinquent at age 15 for domestic violence on my brother. At age 31 will this prevent me from getting a CCW in Ohio?

Found delinquent at 15 in Ohio for domestic violence due to an altercation with my brother. Will this prevent me from being able to apply for a Concealed Carry (CCW) license? Is this something that is ever expunged, being a juvenile record and occurring 16 years ago?

Matthew Williams
Matthew Williams
answered on May 14, 2022

You should make sure this case gets expunged. Once that’s done, you shouldn’t have any trouble.

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