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Ohio Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: I was in a autoparts parking lot , my car was over heating so i decided to take a nap why it cooled off. I dont drink .

A person called 911 cause they couldnt wake me( i was a sleep fir approximatly 28 minutes.)and told 911 that they didnt know what was wrong but i might be overdosed. Medics showed up and put me in the ambulance. The cops showed up and medic and cop said i admitted fentynal use(which i have never... View More

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information provided, it seems like there are several potential legal issues at play:

1. Unreasonable search and seizure: If the police searched you and your vehicle without probable cause, your consent, or a warrant, it could be a violation of your Fourth Amendment rights...
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1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: Can a police officer legally stop and ID someone because they “look young” when it is past curfew, in ohio.
James L. Arrasmith
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answered on Apr 15, 2024

In Ohio, a police officer may stop and question a person who appears to be underage and out past curfew hours. However, the stop must be based on reasonable suspicion that the individual is violating curfew laws.

Key points regarding curfew stops in Ohio:

1. Ohio has a statewide...
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1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: Criminal law question. Search and Seizure question - legitimate search or violation of 4th and 14th amendments?

A vehicle occupied by 4 occupants crashes into a stationary object. Two of the occupants are fatally injured and died on scene. The other two occupants, one being the driver, are injured and found unconscious by responding public safety officials - police, fire/rescue, and paramedics.

The... View More

James L. Arrasmith
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answered on Apr 10, 2024

This is a complex legal question involving the Fourth Amendment protection against unreasonable searches and seizures and the legal doctrine of "plain view." Here are the key considerations:

1. Expectation of privacy: The Fourth Amendment protects against unreasonable searches and...
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1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Ohio on
Q: A 16 yr old boy and 15 yr old girl are dating, and have been dating for almost 11 months. When he is 17, is it illegal?

The girl just turned 15 and he will be turning 17 in a couple weeks. Is it against the law for him and her to continue dating when he is 17? How does the law apply to this type of scenario? If two people are dating and they are both minors, but one is older than the other by a year and a half, when... View More

Linda  Malek
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answered on Mar 25, 2024

Dating or having sex? Dating is not illegal at that age, obviously we are assuming parents are ok. However, when the young man turns 18, she will be turning 16, I am presuming shortly after…It would not be statutory rape because she is 16 (the age of consent). If she is 15 then it would be... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: I live in Stark Co, Ohio. In 2016 I was convicted of a felony 5 , drug possession of heroin charge. One other misdemeang

... charge of theft. But no other charges or convictions. In 2022 I had both cases sealed/expunged. Had my gun rights been disabled? Are they now restored? How can I find out?

Linda  Malek
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answered on Mar 25, 2024

Hello. No, your gun rights are not automatically restored once they have been disabled. You would have to petition the courts to have your rights restored, and must demonstrate to the Court that you meet the requirements to have your rights restored. Please remember that sealing and expungement... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Public Benefits for Ohio on
Q: In Ohio if someone receives a section 8 voucher then later is convicted of a felony gun charge will they be terminated?

F3 attempt- revised code 2923.161

James L. Arrasmith
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answered on Mar 21, 2024

If you receive a Section 8 voucher in Ohio and later get convicted of a felony gun charge, such as an F3 attempt under Revised Code 2923.161, this may impact your housing assistance. Generally, the Housing Choice Voucher Program (Section 8) has rules that allow for termination of assistance if a... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Can they impose jail time on a probation violation if the new charge for the violation does not carry any jail time?
Marcus A. Ross
Marcus A. Ross
answered on Mar 16, 2024

Yes. The judge who is presiding over the case can impose jail time on the suspended sentence of the original/underlying conviction. In Franklin County one of the terms and conditions of probation typically requires a defendant to obey the laws of the state of Ohio and/or not pick up any new... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Criminal Law for Ohio on
Q: I have been on probation for 2 months longer than sentenced. Ive asked for exp. date "I'll get back to you" can I sue?

I finally found my case information today and I knew I was right. Now they changed my probation officer. At the original meeting at probation in Lawrenceburg IN I was given a paper with all info according to my conditions. On the paper it even says that my probation isn't due to end until... View More

James L. Arrasmith
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answered on Mar 9, 2024

Based on the information you've provided, it does seem like there is a discrepancy between the probation end date given to you by your probation officer and the end date that would be calculated based on your 870-day sentence. If you have indeed been kept on probation longer than your original... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Lemon Law for Ohio on
Q: Who do I contact or what can I do about a Used Auto Dealership, trying to fraud me?

I financed a vehicle for 13,000. Everything got finializied, the Finance guy at the dealership is trying to fraud me out of money for things that dont connect with my loan or contract, is threatening me and trying to use scare-tactics to have me voluntary repo the car and still be at fault for a... View More

Marcus A. Ross
Marcus A. Ross
answered on Feb 29, 2024

You can contact the Ohio Attorney General’s Office Consumer Fraud Division which deals with fraud and deceptive trade and sales practices by businesses like automobile dealerships and report tge fraudulent behavior. You also obviously have the option of filing a civil action against the finance... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Is stolen property admissible as evidence if given freely by the thief?

If someone steals something, like a phone or files, and freely gives that information to the police, is it admisible as evidence against the person it was stolen from? This is assuming the police had no idea it was going to be stolen.

James L. Arrasmith
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answered on Feb 26, 2024

* No, stolen property that is freely given to police by the thief would generally not be admissible as evidence against the person it was stolen from. There are a few reasons why:

* The evidence was obtained illegally to begin with by the thief, so it would likely be excluded under the...
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1 Answer | Asked in Criminal Law, Federal Crimes and Family Law for Ohio on
Q: Is is fraud to have wedding ceremony but not get legally married? Marriage could negatively impact debt liability + SSI.

Asking for friends. If a disabled person and a non-disabled person are dating, and want to get married for religious + social reasons, but discover marriage would put the disabled partner over the income limit for SSI, is a non-legal religious ceremony ok? Or is it fraud?

In this case,... View More

James L. Arrasmith
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answered on Feb 25, 2024

Holding a wedding ceremony without completing the legal formalities to become officially married is not, in itself, fraud. Many couples choose to have a religious or ceremonial marriage without the legal recognition for various personal reasons, including financial or medical benefit... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Civil Rights for Ohio on
Q: purchasing a firearm and obtaining a CCW in ohio with a criminal record

I do not have any felonies.

I do have a Domestic violence charge from 6 years ago that was dismissed in court. I looked up the court docket recently to make sure it was dismissed.

I also got a menacing charge that was dropped down to a disorderly conduct charge. i’ve tried... View More

James L. Arrasmith
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answered on Feb 25, 2024

Given your situation, it's essential to understand that firearm laws can vary by state and can be complex, especially concerning individuals with prior criminal records. In Ohio, domestic violence convictions can result in restrictions on firearm ownership, even if the charge was dismissed or... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: I just finished OVI court program 6 months ago and now on non reporting probation until dec of 2024.

However, I recently had a fail on my intoxalock of .029 and passed on the third try after about 30 min. The court contacted me and told me the judge has revoked my driving privileges until dec. If I hire an attorney to help me file a motion how long does it usually take for a decision? I have since... View More

Emely Elizabeth Cruz
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answered on Feb 24, 2024

Hi! This is a bit of a difficult question to answer because it all depends on the judge. First, depending on the court's docket, the decision on your motion can take weeks to months. Good job for continuing to go back to counseling and continuing your efforts to improve. However, it is... View More

2 Answers | Asked in Criminal Law for Ohio on
Q: If I am a witness for the defense can the prosecutor add me as a witness to their side?

I was a witness in a criminal trial for the defense. I went and spoke to law enforcement to advise them of what happened just prior to the alleged crime At the trial the defense attorney asked for a separation of witnesses. I was subpoenaed in the courtroom, forced to leave, and then never called... View More

Patrick DiChiro
Patrick DiChiro
answered on Feb 15, 2024

The Answer to your question is yes. If you are a defense witness and the prosecutor knows about you and thinks there is something that you can add to his or her case, then they can add you to their witness list. The opposite is also true. Many times as a defense attorney, I put a witness that is... View More

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1 Answer | Asked in Criminal Law for Ohio on
Q: In the state of Ohio can I restore gun rights If charges have been expunged
T. Augustus Claus
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answered on Feb 9, 2024

In Ohio, if your charges have been expunged, you may have the opportunity to restore your gun rights. Expungement, or sealing of a criminal record, can effectively remove the conviction from your public record, which might otherwise disqualify you from possessing firearms. However, the process for... View More

2 Answers | Asked in Contracts, Criminal Law and Landlord - Tenant for Ohio on
Q: Wife & I were scammed out of a place and $1,275. What do we do?

Wife & I were going to rent an apartment from someone claiming place was ready. It was far from it. Recently found out this situation has been happening to multiple people by the same landlord. Can we get anything back? They only gave us a small portion back. We are still out $975 and now... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 5, 2024

Given the description, you may file a complaint in small claims court against the landlord. Whether you can succeed will depend, in large part, on the language in the agreement you signed. Try and identify portions of the landlord's responsibilities that the landlord failed to perform.... View More

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1 Answer | Asked in Criminal Law for Ohio on
Q: What is the meaning of: SUPPLEMENTAL RESPONSE TO DEFENDANT'S REQUEST/DEMAND FOR DISCOVERY
Marcus A. Ross
Marcus A. Ross
answered on Feb 5, 2024

Supplemental Response to discovery request means there is additional discovery the Prosecutor is providing to the Defense/Defendant as required under Criminal Rule 16 of the Rules of Criminal Procedure. This could be any tangible evidence( police report/narrative,dash cam/cruiser video,forensic... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Ohio on
Q: While delivering,pulled said no signal,left a drug house, passenger questioned,had past,pulled out cuffed,in car,letgo

While my fiancee & I were doing deliveries a week ago on last delivery when left at stop sign a cop car down the road at a stop sign with lights out, so as usual I used all my signals and waited 5 sec before turning I wasn't followed think I went through 3-4 stop signs and 4 roads before... View More

James L. Arrasmith
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answered on Feb 4, 2024

In the situation you described, it appears that you were stopped by the police for alleged traffic violations and questioned about your activities. It's essential to remember your rights during such encounters. You have the right to remain silent and not answer questions beyond providing your... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: How does a forfeiture work after a federal case is dismissed
James L. Arrasmith
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answered on Feb 4, 2024

After a federal case is dismissed, the process for handling forfeiture depends on the specifics of the case and the nature of the forfeiture. If property was seized as part of the investigation or proceedings, its return typically hinges on whether the dismissal of the case removes the legal basis... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: My friend is in jail for a pv. His attorney is asking for a revocation for community control supervision. What does this
James L. Arrasmith
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answered on Jan 13, 2024

In the context of your friend's situation, a "revocation for community control supervision" typically means that his attorney is requesting a review or hearing regarding the status of his community control or probation. This review is usually initiated when there are concerns about... View More

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