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.... Read more »
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... Read more »
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... Read more »
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... Read more »
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... Read more »
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... Read more »
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... Read more »
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... Read more »
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... Read more »
Hi my name is Tiffany I am currently on probation for a covaence felony 3 charge I am going to court for my 2nd violation I have been to lots of programs on this charge already I have a job and been paying my fines I was supposed to get off probation this month but I messed up my job wrote me a... Read more »
answered on Apr 10, 2023
I believe you have done well by being clean, paying your fines and obtaining a job. But, it is concerning that this is a second violation. I am not sure you how you messed up, but the judge can: continue/extend your probation; terminate probation; or send you to jail. Since this is a second... Read more »
I was driving a friends car and got pulled over, they found narcotics in a jacket not belonging to me. In my hoodie I had $6800 still in the key bank envelope from where I had sold my home, I have paperwork from the house selling and bank statements from where they had just cashed a payment. I have... Read more »
answered on Apr 10, 2023
If you are not charged, they should not keep your money. You may have to file a replevin (return of property) action to get the money back. However, it is possible that they are still contemplating charges. So,I would gather whatever information you have, bank statements and the like, to show... Read more »
Since the prosecutor couldn't get a felony indictment he went for misdemeanors instead and I was indicted. Why bother with it if you couldn't get the felony indictment.
answered on Apr 9, 2023
Prosecutor’s have wide discretion and latitude whether there is sufficient evidence to present to a grand jury to meet the probable cause threshold for a criminal charge to be filed. In Franklin County felony criminal charges are filed through the grand jury process. Misdemeanor charges in... Read more »
answered on Apr 3, 2023
Yes. Your Attorney is required to provide you any discovery he/she receives from the Prosecutor under Criminal Rule 16 of the Ohio Rules of Criminal Procedure which govern the discovery process. Under the rule you and your Attorney are entitled to any evidence the prosecution has which is the basis... Read more »
answered on Mar 24, 2023
Felonious Assault is a different degree of offense than a simple assault which is typically a misdemeanor in most jurisdictions. Felonious assault is defined statutorily as an act which causes or attempts to cause serious physical harm by means of a deadly weapon or dangerous ordinance. (... Read more »
I had a felony drug possession charge and I asked the courts to grant my motion for intervention in lieu of conviction. They granted it and I was placed under supervision by my counties probation department and my case has been stayed. I've been complying with all court orders and this case... Read more »
answered on Mar 22, 2023
You are not convicted of this offense until you are sentenced. So, what happens in an Intervention In lieu case, in most courts, is that you plead to the offense. You are set for sentencing at a later date. Your case is then stayed until you complete whatever treatment or programs are required of... Read more »
He's going through trial & the state took over will I get charged if I come forward to tell my side of the story
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answered on Mar 19, 2023
If you were involved in the incident that led to your brother's arrest, there is a possibility that you could be charged as well, depending on the circumstances of the case and the evidence available to the prosecution.
However, if you did not actually commit the assault and did not... Read more »
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answered on Mar 19, 2023
If you are on pretrial diversion in Kentucky, it is important to abide by the terms of your agreement with the court or probation officer.
Depending on the terms of your pretrial diversion agreement, using marijuana, even for medicinal purposes or in a state where it is legal, may be a... Read more »
answered on Mar 19, 2023
Although I practice in Ohio typically the terms and conditions of pretrial supervision and probation any jurisdiction expressly prohibit the use of drugs and alcohol. You are also many times required to submit to random urine screens while you are under pretrial supervision. A violation of these... Read more »
answered on Mar 19, 2023
Typically a Judge has to feel there is sufficient probable cause to obtain a search warrant. That can be a credible statement or tip from a reliable trustworthy informant that there is criminal activity.
The investigative detective typically executes a sworn affidavit based on independent... Read more »
am a contractor that received payment for a job after contract signing. I have done several jobs for these homeowners in the past. I delivered some of my tools and equipment to complete the job. I was unable to complete their job due to spending the startup money on other projects and planned on... Read more »
answered on Mar 11, 2023
It’s been indicted, they aren’t just going to drop it in favor of a civil suit. You’re facing criminal charges with criminal penalties. Probation is certainly possible. It will help a lot if you can pay back the money and it may be your path to avoiding conviction on the criminal charge. You... Read more »
Is that mayor's court charge still active
answered on Feb 1, 2023
Felonies do not override lesser charges. There are usually two judges, common pleas and municipal, with two separate sentences for what you were found guilty. Sentences can be run concurrent or consecutive depending on the judge and facts. If the cases are related you have a shot of getting the... Read more »
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?
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 »
I open the door and ask my wife to step outside so we can speak and she did
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
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?
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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