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Ohio Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: Do I have to appear at a pre-trial for a subpoena I got in the mail?

I'm a victim in a domestic violence case but want the case dropped. I was not served the subpoena but got it in the mail. I've heard from other people that I do not have to appear but I do not want to be in contempt.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 27, 2023

Getting it in the mail is service of the Subpoena. You should appear.

1 Answer | Asked in Criminal Law, Child Custody, Child Support and Probate for Ohio on
Q: If I'm 17 and on probation can I move out of my house if I have a stable place to move to and I stay in school as well?
Roger  Bouchard
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Roger Bouchard
answered on Jan 24, 2023

That is a question for your probation officer.

1 Answer | Asked in Criminal Law for Ohio on
Q: A 20 year old steals billions by hacking into a companies website. What’s the punishment? Can he keep the money?

Assume theft charges have been filed (I don’t know how guy would’ve been caught otherwise). And when I say can he keep the money I mean to use after he serves his time. Can he refuse to return the money?

Matthew Williams
Matthew Williams
answered on Jan 24, 2023

A cyber criminal who steals billions and gets caught is facing decades in prison on both a state and federal level. He or she needs to hire an attorney ASAP. As for the money, they will do everything they can to get it back. It will be ordered as restitution, if he is convicted. The government will... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: I'm victim in DV case. Got subpoena in mail. Do I have to appear at pre-trial? Ohio

I want charges dropped. Subpoena was mailed not served. Do I have to appear at the pre-trial?

Roger  Bouchard
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Roger Bouchard
answered on Jan 22, 2023

Yes if you were subpoenaed. Some judges work on DV’s at pre trial.

1 Answer | Asked in Criminal Law for Ohio on
Q: Are gun parts in a backpack legal in ohio

No chl charges date back over ten years

Roger  Bouchard
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Roger Bouchard
answered on Jan 22, 2023

Yes. If the parts are for an illegal firearm such as an uzi that fires multiple rounds with one trigger squeeze, there may be an issue.

Otherwise, no gun permit is needed in Ohio.

1 Answer | Asked in Criminal Law for Ohio on
Q: Is it trespassing to open the door to a store you are trespassed from if you never entered. Ohio here

I open the door and ask my wife to step outside so we can speak and she did

Roger  Bouchard
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Roger Bouchard
answered on Jan 21, 2023

Trespassed from? Do you mean Stay Away order? If it’s the latter, yes it is trespassing, as the judges sheet will have a determined amount of distance you must keep from said store. Even if not, once you touch the door you are trespassing

2 Answers | Asked in Criminal Law for Ohio on
Q: Hello, I had a case in Ohio back in 2014 for child endangerment. I took a plea deal and the charge was reduced to disord

Disorderly conduct. I now have a new case in Texas for Injury to child that I'm taking to trial. The prosecutor wants to bring up my old original charge, can he do that?

Roger  Bouchard
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Roger Bouchard
answered on Jan 20, 2023

A prosecutor may bring prior convictions of dishonesty, such as fraud, or any felonies. Disorderly consumer does not fall within these, and is what you were convicted of.

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2 Answers | Asked in Criminal Law for Ohio on
Q: Hello, I had a case in Ohio back in 2014 for child endangerment. I took a plea deal and the charge was reduced to disord

Disorderly conduct. I now have a new case in Texas for Injury to child that I'm taking to trial. The prosecutor wants to bring up my old original charge, can he do that?

Matthew Williams
Matthew Williams
answered on Jan 24, 2023

You need to talk to a lawyer in Texas. The rules vary from state to state but the prosecutor may well seek to introduce such evidence as evidence of prior bad acts even if you do not testify and even though the offense is neither recent or serious as convicted. It's evidence rule 404b in Ohio... Read more »

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2 Answers | Asked in Criminal Law for Ohio on
Q: Can Ohio charge me with possession felony 5 for a baggie that was more on my side of the car than the drive in a car not
Roger  Bouchard
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Roger Bouchard
answered on Jan 17, 2023

Yes. Anything in the vehicle is chargeable to everyone in the vehicle.

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1 Answer | Asked in Criminal Law for Ohio on
Q: If one does not go voluntarily to court does it deprive the court of personal jurisdiction ??

Since jurisdiction is separated in two categories being subject matter and personal a court must have both to adjudicate the case and personal jurisdiction is given when you go voluntarily to court if you do not go voluntarily the court does that deprive the court of personal jurisdiction therefore... Read more »

Matthew Williams
Matthew Williams
answered on Jan 13, 2023

No.

2 Answers | Asked in Criminal Law for Ohio on
Q: I was charged with an F5drug possession, before indictment came back I did a year rehab, completed it, got a job, car

Got my license, got married been clean 2 years, do I need to hire a lawyer to get this taken care of or is it something I can do myself

Patrick DiChiro
Patrick DiChiro
answered on Jan 13, 2023

You Could. The Judge may not like you representing yourself pro se. I think it is risky considering all your WONDERFUL accomplishments. What happens if you make a mistake because you don't know the law, and that causes you to suffer a setback? Plus, I want you to consider the following,... Read more »

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1 Answer | Asked in Criminal Law and Child Custody for Ohio on
Q: Custody battle turned nasty. Can I get help for this situation?

In a custody battle. I’m close to getting my kids due to their mother being abusive. Yesterday my ex’s mother posted a video to Facebook playing a song about murdering the man who hurts her daughter. I was then sent a video of her mother saying if I got custody that basically she knows a guy... Read more »

Patrick DiChiro
Patrick DiChiro
answered on Jan 12, 2023

It seems threatening. But that it to be determined by police or prosecutor. Due to the serious nature of this communication, I would report it to the police. Even if they decide not to pursue it, you will have something on file. Plus, I would print/document/copy the threats. You may be able to... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: Must all plaintiffs , who file a case in commom pleas courts in ohio , have standing ..??

Standing requires an injured party as complaintant so if the state of ohio filed criminal charges in common pleas if there is no injured party would the state lack standing ???

Patrick DiChiro
Patrick DiChiro
answered on Jan 12, 2023

If this is a criminal case, and the crime occurred within the State of Ohio, then venue is appropriate. The fact that there is no injured party does not make a lack of standing. For example, traffic tickets, speeding and the like, there is no injured party. But, there is a violation of the... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: If i get jail time do i have to serve it in the county the crime happened in? Can i ask to serve it in my county?
Roger  Bouchard
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Roger Bouchard
answered on Jan 3, 2023

Where you serve your sentence is determined by the correctional facility.

2 Answers | Asked in Criminal Law and Federal Crimes for Ohio on
Q: Can one co-defendant be released but not the others?
Roger  Bouchard
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Roger Bouchard
answered on Jan 1, 2023

Yes. Anyone charged with a crime that posts bail will be released regardless of co-defendants ability to post bail.

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1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: I was arrested for domestic violence and was charged with disorderly conduct. Will this keep me from purchasing a gun?
Roger  Bouchard
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Roger Bouchard
answered on Dec 17, 2022

As long as you weren’t found guilty of domestic violence, you’re good. It has to be a misdemeanor of violation to prevent purchase. If you’re steaming about her charges, I’d hold off on buying a gun.

1 Answer | Asked in Criminal Law for Ohio on
Q: Is it legal for the courts to place you into rehab before being found guilty . I live in ironton ohio

I was sentence to court november 30 2022 and November 30 2022 to rehab at hometown recovery then December 12 2022 i was sent to ovp in south point ohio then Wednesday i was told hometown would pick me up Thursday December 15 2022 at 10 am which they didn't show up and the previous day i was... Read more »

Roger  Bouchard
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Roger Bouchard
answered on Dec 16, 2022

Treatment is an option, if you qualify, as opposed to jail. It depends on your facts. First, you must plead guilty for the court to sentence you. The court can’t force you into treatment. Discuss your options with your attorney.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: What if your patinoner does not show up for court on a DV cpo?

No I'm the respondent miamisburg ohio

Roger  Bouchard
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Roger Bouchard
answered on Dec 14, 2022

Who signed the CPO?

1 Answer | Asked in Criminal Law for Ohio on
Q: How many days does the court have to bring you to trial on a misdemeanor of the fourth degree
Roger  Bouchard
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Roger Bouchard
answered on Dec 7, 2022

In Ohio, after entering a plea of not guilty, a trial date must be set no later than 30 days. You have the option to waive time and extend this provision.

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