Ohio Civil Rights Questions & Answers

Q: Adult autistic son is being targeted by police . He has prior incidents before and known. Had incident last week so they

2 Answers | Asked in Criminal Law and Civil Rights for Ohio on
Answered on Jan 16, 2019
Patrick DiChiro's answer
Without knowing facts of abuse claim, I would be careful in presenting any evidence to the police. Particularly, I would not offer a verbal or written statement. If you have documents that exonerate you, you may want to obtain counsel in order to negotiate with the police. I would not do it yourself.

Thank you for your communication.

Pat DiChiro

Q: Police questioning me after OBN investigator questioned me

2 Answers | Asked in Civil Rights and Criminal Law for Ohio on
Answered on Dec 17, 2018
Dimitrios Makridis' answer
It is very difficult to answer your questions without knowing the specifics. You should retain a criminal defense and have a private discussion as soon as possible.

Q: the police took my phone with a warrent. should i get a lawyer?

1 Answer | Asked in Civil Rights and Criminal Law for Ohio on
Answered on Nov 2, 2018
Matthew Williams' answer
You should hire an attorney. It's never good when they start taking your stuff.

Q: Can I sue my wife for id theft?

1 Answer | Asked in Divorce, Civil Rights and Identity Theft for Ohio on
Answered on Oct 8, 2018
Joseph Jaap's answer
Talk to the police and file a report. The prosecutor would determine whether to bring criminal charges. If you file for divorce, the court can order her to stop using your identity and to be responsible to pay back all the debt she incurred in your name. Use the Find a Lawyer tab to retain a local divorce attorney.

Q: Can the police take a pic of my son off his personal phone to show a victim to identify him and ? My 15 without an adult

1 Answer | Asked in Civil Rights for Ohio on
Answered on Sep 21, 2018
Matthew Williams' answer
How did the police acquire his phone? How did they acquire the picture? Was the phone locked? They can talk to him and even arrest him without parental consent, but getting into locked cellphones now requires a warrant under most circumstances. With kids, there are a few circumstances it may not such as if a teacher got the password from the child, opened the phone, and gave the picture to the police, or if the child consented to the search (though consent can get complicated with children and...

Q: Dective told me they need me to come to their office. Refused to tell me why. What do I do?

1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Answered on Sep 10, 2018
Gary Kollin's answer
You hire a lawyer before you do anything else. You do not speak to officer. You let lawyer do that

Q: Can you file a post conviction relief on a dismissal

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Ohio on
Answered on Aug 29, 2018
Matthew Williams' answer
No...there was no conviction thus there can be no post-conviction relief.

Q: A friend asked me and my brother to give him a ride to his mothers house. We did. He didn’t tell us until 5 minutes away

1 Answer | Asked in Civil Rights and Constitutional Law for Ohio on
Answered on Aug 29, 2018
Matthew Williams' answer
If you did not know, and did not have reason to suspect he was fleeing, you shouldn't be. But, if approached by authorities, you should be very careful about what you say. Speak to a lawyer first.

Q: If someone borrows money from another and nothing was ever documented on paying it back or no proof that money was borr

1 Answer | Asked in Civil Rights and Contracts for Ohio on
Answered on Aug 29, 2018
Joseph Jaap's answer
Anyone can sue anybody for anything. But they have to provide proof that person promised to pay it back, and that it was a loan --- not a gift. If nothing is in writing, and the borrower claims it was a gift, and there are no other witnesses, then the plaintiff probably won't win the case. A case can be filed in small claims court up to $6000, or in municipal court up to $15,000.

Q: Can the police question a child without his mother present

1 Answer | Asked in Civil Rights and Constitutional Law for Ohio on
Answered on Aug 23, 2018
Matthew Williams' answer
The police can question a child without his or her parent(s) present, yes. But a child has the same rights as anyone not to talk to the police if he or she does not want to. Why do they want to talk to a child that is neither a suspect nor a witness?

Q: I was brutally assaulted in jail and refused medical care after suffering a broken nose, two black eyes. what can i do

1 Answer | Asked in Civil Rights for Ohio on
Answered on Jul 25, 2018
Peter Munsing's answer
Suggest you contact the Ohio Civil Liberties Union Prison Rights Unit. They or their "cooperating attorneys " should be able to help you.

Q: After a state court judgment on a federal 1983 claim can you move complaint to a federal court?

1 Answer | Asked in Gov & Administrative Law, Personal Injury and Civil Rights for Ohio on
Answered on Jul 9, 2018
Gary Kollin's answer
It is called res judicata or perhaps collateral estoppel.

No two bites.

Q: I believe my son was wrongly jailed and his rights violated. As a result, they caused him to violate a condition

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Ohio on
Answered on Jun 1, 2018
Gary Kollin's answer
By this time he should have had an attorney appointed.

You want the judge disqualifed, does he?

He should consult with his lawyer.

Q: My son was assualted by his best friend's girl friend with a beer bottle. She was charged with Felonious Assault,

1 Answer | Asked in Personal Injury and Civil Rights for Ohio on
Answered on May 29, 2018
Matthew Williams' answer
As the victim of a crime, he is entitled to restitution for the damage done by the offender. You should get in touch with the prosecutor and provide him or her with proof of the costs. He could also file a civil lawsuit against her. But, a word of warning. Money doesn't magically appear because the court says someone has to pay. If she doesn't have any money to take, he may have a hard time collecting.

Q: ex boyfriend of 3 years has been having 3 of my credit card payments coming out of his account by default

1 Answer | Asked in Small Claims and Civil Rights for Ohio on
Answered on May 29, 2018
Gary Kollin's answer
I do not understand if there is a question and if there is, you must articulate the facts better

Q: I was "randomly" selected for proof of insurance on a van i own but havnt driven in five years sent letter with proof of

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Gov & Administrative Law for Ohio on
Answered on May 27, 2018
Gary Kollin's answer
You notice there is a limitation of amount of characters. That is so you can write your question without all the extraneous material like "poor boy" and "not to mention many hours of legal work".

I am not trying to be an English teacher, but you have run on sentences, no punctuation, no capitalization and abbreviations which are not universal. I cannot understand what you are asking.

I suggest you rewrite the question succinctly and grammatically correct

Q: Can you be punished by law for purposesly beating on a disabled individual.?

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Federal Crimes for Ohio on
Answered on May 24, 2018
Matthew Williams' answer
You can be punished by law for beating on anyone. Assault is illegal. How old are these boys? Perhaps the police believe this situation is better handled by parents and teachers than police officers and judges.

Q: My son was questioned by the principal. Also by detectives. He asked three times to call his mom. He wasnt allowed.

1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Answered on May 5, 2018
Matthew Williams' answer
It’s legal. How much of their questioning can be used, and for what purpose, may become an issue later particularly if they charge him with a criminal offense, and depending upon his age, maturity, intelligence, and whether they Mirandized him prior to any police questioning.

Q: I am a home owner who has roommates. 1 of the roommates has become violent and threated me and my daughter what can I do

1 Answer | Asked in Real Estate Law, Civil Rights, Domestic Violence and Landlord - Tenant for Ohio on
Answered on May 4, 2018
Joseph Jaap's answer
Report the threats to the police and seek a protection order to order the person to leave the house and stay away. If that does not succeed, then you could proceed with an eviction action, but that process could take several weeks. If you just change the locks, install a security system, and keep the person out, the person might sue you for improper eviction, and perhaps the court might order you to pay for the person's inconvenience, but if that is what it takes to stay safe, then you might...

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