Ohio Constitutional Law Questions & Answers

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: 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: Daughter inlaw refuses to let me have contact or visitation with my granddaughter would like to file motion for visitati

1 Answer | Asked in Family Law and Constitutional Law for Ohio on
Answered on Jun 10, 2018
Justin B. Benedict's answer
I'm sorry that you are going through this. Generally, grandparents do have visitation rights but it is limited to certain situations by Ohio law. While you can file a motion pro se (without an attorney), it is likely in your best interests to find an attorney to review your case and help you complete this task. You can use the find a lawyer section of this website or contact the bar association closest to the court which would have jurisdiction over the child (usually the county court in...

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: What is highest case law saying that citizens cannot be arrested for obstruction for null-action in assisting police?

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Ohio on
Answered on Apr 16, 2018
Matthew Williams' answer
Legal research is too time consuming for us to do for you for free. But, I will say this: every obstruction statute I am familiar with plainly requires an action.

Q: regarding questions

1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Ohio on
Answered on Mar 30, 2018
Matthew Williams' answer
It sounds like you need to hire an attorney (stop trying to be your own attorney) and file an appeal.

Q: If the Ohio Supreme Court declined Jurisdiction of an App.R. 26(B), how long do I have to file to Sixth Circuit or USSC?

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Ohio on
Answered on Mar 23, 2018
Matthew Williams' answer
Whoa! Slow down. You are just running with a bunch of stuff you clearly do not understand well.

Let's start with this preliminary question on which half of your argument rests: what offense(s) were you originally indicted with, and what offense were you convicted of? If the offense you were convicted of is a lesser included offense, then the state did not need a new amendment. Since you have given no information about what you were charged with and what you were convicted of, that half...

Q: If me and my ex are buying a house together is she aloud changing the locks to the house without my consent

1 Answer | Asked in Civil Rights, Constitutional Law, Contracts and Real Estate Law for Ohio on
Answered on Dec 21, 2017
Joseph Jaap's answer
If the police aren't helping you get inside to get your things, then you'll have to get a lawyer and the court involved. Use the Find a Lawyer tab to retain a local attorney to assist you.

Q: Can I transport a shotgun in my truck if I have it on a back glass gun rack with the chamber open and ammo in the stock.

1 Answer | Asked in Constitutional Law and Criminal Law for Ohio on
Answered on Oct 27, 2017
Matthew Williams' answer
It really depends where the rack is, whether it is accessible from inside the vehicle, and whether the firearms is of specific length, can have the action open, etc. What describe is likely legally. Read this...http://codes.ohio.gov/orc/2923.16

Q: What is Ohio law on school and police questioning children without parents present

1 Answer | Asked in Civil Rights, Constitutional Law and Juvenile Law for Ohio on
Answered on Sep 29, 2017
Matthew Williams' answer
School and police officials can question a child without the child's parents present. As far as the law enforcement side of it, the child does have the right to refuse to answer questions from a law enforcement official and/or to insist on the presence of an attorney. The police are not required to "take reports."

Q: If I have a locked center console that has a four combination lock on it can a cop search it with probable cause?

1 Answer | Asked in Traffic Tickets, Constitutional Law and Criminal Law for Ohio on
Answered on Sep 20, 2017
Matthew Williams' answer
Police had had pretty good luck with the courts when it comes to opening containers found in the passenger compartment of a vehicle. The rationale that there could be a weapon in there is appealing to the courts, which have shown great concern for officers' safety during traffic stops. Ultimately, it comes down to a question of whether or not the search is reasonable. The court will weigh all the various factors. But, understand that most courts will lean heavily towards permitting any search...

Q: If you were part of a prosecution team and you convicted someone of a crime and 10 years later new evidence is found

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for Ohio on
Answered on Jul 17, 2017
Matthew Williams' answer
If the prosecutor can be convinced the new evidence raises serious questions about the guilt of the accused, he or she can be helpful in defense efforts to reopen the case for a new trial.

Q: I'm 23 my girlfriend/fiancé is 17 and turning 18 in 5 months. She is going through things at home with her dad

1 Answer | Asked in Civil Rights, Constitutional Law, Juvenile Law and Criminal Law for Ohio on
Answered on May 8, 2017
Joseph Jaap's answer
The father could take legal action against you and involve the police if she leaves home and you assist before she turns 18.

Q: Can I be sued from someone outside the US?

1 Answer | Asked in Criminal Law, Constitutional Law, International Law and Libel & Slander for Ohio on
Answered on Mar 6, 2017
Matthew Williams' answer
Free speech protections do not apply to defamation, and opinions are not defamation. Defamation is a false statement of fact (not opinion) that damages a person's reputation. If I say John the surgeon is the worst, I am not uttering defamation because that's my opinion of John. If say John the surgeon left a scalpel in my body, and it is not true, that is defamation.

In all likelihood, a person living in Spain would sue you in Spanish courts because the damage done to their reputation...

Q: What is the difference between tampering with evidence and obstruction

1 Answer | Asked in Criminal Law and Constitutional Law for Ohio on
Answered on Feb 28, 2017
Matthew Williams' answer
2921.12 Tampering with evidence.

(A) No person, knowing that an official proceeding or investigation is in progress, or is about to be or likely to be instituted, shall do any of the following:

(1) Alter, destroy, conceal, or remove any record, document, or thing, with purpose to impair its value or availability as evidence in such proceeding or investigation;

(2) Make, present, or use any record, document, or thing, knowing it to be false and with purpose to mislead a...

Q: If my birth name is not in the courts and I applied at a job with my full name and the police gets called.What happens

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Ohio on
Answered on Feb 19, 2017
Matthew Williams' answer
Your inquiry is very confusing. You should try to order your thoughts and tell us more about what allegedly occurred, if you want meaningful answers to your questions.

If you were fingerprinted, it will not matter why name you gave vs. the name on your birth certificate. They'll figure out it's you. If you were not fingerprinted, perhaps they will not figure it out.

If you gave an incorrect name to the police or the court, you may be charged with several offenses for that act...

Q: can a local officer of a village or township be held accountable for perjury to said village/township's governing body

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Municipal Law for Ohio on
Answered on Feb 6, 2017
Matthew Williams' answer
Perjury occurs when a person lies under oath during a court proceeding. Not just when someone lies. Most of the accountability for this sort of stuff is in potential removal from the position by the rest of the council, difficulty getting re-elected, and trouble working with others in the community in the future, not the law.

Q: Lawyers n police say u can be in trouble for no license but im not a driver im a traveler and there is a difference so.

1 Answer | Asked in Constitutional Law for Ohio on
Answered on Jan 19, 2017
Matthew Williams' answer
The constitutionally protected right to travel is the right the move from one state to another without border controls. Cars and highways didn't even exist when that right was created. You have no right to use publicly funded roads in a manner which endangers others.

Q: Babydaddy putting his hands on me infront of my daughter call police went to jail for weekend and he had a gun can jail

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Ohio on
Answered on Dec 2, 2016
Matthew Williams' answer
It sounds like he has already been charged. Have you talked to the prosecutor or victim advocate yet? You will want to make sure these folks know he has a gun. How much time he can get depends on exactly what he is charged with and his history. A first time domestic charge is a first degree misdemeanor. 6 months is the maximum sentence for that charge so there is no way to make him get more if that's the charge. Also, its the judge who decides how much time he gets, not you.

Q: Is there any attorney out there that fights for civil rights of an exfelon that happens to date a bankruptcy attorney

1 Answer | Asked in Civil Rights, Constitutional Law and Contracts for Ohio on
Answered on Sep 26, 2016
Matthew Williams' answer
You're in a tough spot. Here's the run down on the expungement laws. First, you cannot seal the OVI. That isn't a huge concern because it probably isn't the OVI which is alarming your landlord. Unfortunately, It is also likely you cannot seal anything. But, I would need to review your entire record to be sure.

You can seal a record if the offense is eligible, and you are an eligible offender. Violent felonies and offenses which are first degree misdemeanors with a victim under the age...

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