Ohio Criminal Law Questions & Answers
Q: Adult autistic son is being targeted by police . He has prior incidents before and known. Had incident last week so they
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
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: If charged with weapon under disability multiple times will each charge be mandatory or can they be combined
Matthew Williams' answer
It depends if the charges stem from one incident or a series of incidents, and whether you’re charged with weapons under disability in state or federal court. Also, your example indictment doesn’t have a charge for weapons under disability. Gun specs (which are different from weapons under disability charges) for the same indicent would merge for sentencing.
In any case, it sounds like you need to get an attorney ASAP. An indictment like that could put you in prison for many years.
It depends if the charges stem from one incident or a series of incidents, and whether you’re charged with weapons under disability in state or federal court. Also, your example indictment doesn’t have a charge for weapons under disability. Gun specs (which are different from weapons under disability charges) for the same indicent would merge for sentencing.
In any case, it sounds like you need to get an attorney ASAP. An indictment like that could put you in prison for many years.
Q: can a person get charged if they had someone else shoot up an apartment and someone was killed
Matthew Williams' answer
Yes, she could be charged if there is sufficient evidence she directed the crime.
Yes, she could be charged if there is sufficient evidence she directed the crime.
Q: If I had substances taken and tested at bci. Comes back a misdeamenor , but cops say have more to send.Can they do this?
Patrick DiChiro's answer
If they already have the substances, they can re-send for more testing.
I'm not sure what substances you are referring to but I would not consent to giving them any buccal swab(of your mouth), blood or urine, absent them producing a search warrant for such.
I recommend you obtain counsel and not talk with anyone.
Pat DiChiro
If they already have the substances, they can re-send for more testing.
I'm not sure what substances you are referring to but I would not consent to giving them any buccal swab(of your mouth), blood or urine, absent them producing a search warrant for such.
I recommend you obtain counsel and not talk with anyone.
Pat DiChiro
Q: My boyfriend is being charged with aggravated assault, the incident happened around 3 months ago and the judge has
Patrick DiChiro's answer
First off, I am not sure why the court date has been changed. But, if the matter happened when he was a minor, then he will be charged as a minor.
Aggravated Assault is a Felony of the 4th degree. Generally not serious enough to try a youth as an adult. So, that would be my take on the matter without knowing all the facts. I believe they will just treat him as a juvenile. Which means that the court has jurisdiction over him until his 21st birthday.
I hope the foregoing...
First off, I am not sure why the court date has been changed. But, if the matter happened when he was a minor, then he will be charged as a minor.
Aggravated Assault is a Felony of the 4th degree. Generally not serious enough to try a youth as an adult. So, that would be my take on the matter without knowing all the facts. I believe they will just treat him as a juvenile. Which means that the court has jurisdiction over him until his 21st birthday.
I hope the foregoing...
Q: I'm trying to find help I have assult with intent to commit sexual abuse 33 year old female
Matthew Williams' answer
You need to hire an attorney. You should not be discussing this in an online forum.
You need to hire an attorney. You should not be discussing this in an online forum.
Q: Do I have any rights to my husband's criminal case? Am I able to obtain his confession?
Dimitrios Makridis' answer
Please see the attached link for answers to Marsy's law FAQ's... https://ocvjc.org/marsys-law/webinar?utm_source=Active+Contacts&utm_campaign=9b5ab87f05-EMAIL_CAMPAIGN_2018_03_07&utm_medium=email&utm_term=0_9216724637-9b5ab87f05-216967257
Please see the attached link for answers to Marsy's law FAQ's... https://ocvjc.org/marsys-law/webinar?utm_source=Active+Contacts&utm_campaign=9b5ab87f05-EMAIL_CAMPAIGN_2018_03_07&utm_medium=email&utm_term=0_9216724637-9b5ab87f05-216967257
Q: I don’t understand why looking at non forced photos of children for sexual desires is illegal, why?
Matthew Williams' answer
For one thing, the children involved would have no way of even understanding the purpose of the pictures and therefore no way to offer informed consent. For another, people act on their desires, particularly when those desires are confirmed as being appropriate, or tolerated. For another, there is no good way to determine which images involved force or coercion. It’s arguable that all such images are forced since the child cannot understand what they are for invloved in.
Legalizing...
For one thing, the children involved would have no way of even understanding the purpose of the pictures and therefore no way to offer informed consent. For another, people act on their desires, particularly when those desires are confirmed as being appropriate, or tolerated. For another, there is no good way to determine which images involved force or coercion. It’s arguable that all such images are forced since the child cannot understand what they are for invloved in.
Legalizing...
Q: When can I get a misdemeanor of Unathorized Use of Property expunged or sealed? I was not put on any probation.
Dimitrios Makridis' answer
1 year from the date the case is "closed" (meaning the date you got out of jail and/or paid all fines, costs, and restitution.
1 year from the date the case is "closed" (meaning the date you got out of jail and/or paid all fines, costs, and restitution.
Q: Confession to f1 & F4 charges while under influence of drugs, can it be thrown out?
Matthew Williams' answer
Your husband needs to get a lawyer as soon as possible. Without knowing a whole bunch of other information, it is impossible to say whether the confession will get tossed or what other defenses he may have but the charges are quite serious.
Your husband needs to get a lawyer as soon as possible. Without knowing a whole bunch of other information, it is impossible to say whether the confession will get tossed or what other defenses he may have but the charges are quite serious.
Q: Police questioning me after OBN investigator questioned me
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.
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: Ohio open carry at 18
Dimitrios Makridis' answer
https://www.morningjournal.com/news/ohio/law-you-can-use-what-you-should-know-about-firearms/article_f3e5c81c-6a5d-57f7-8f6f-e73a86939807.html
https://www.morningjournal.com/news/ohio/law-you-can-use-what-you-should-know-about-firearms/article_f3e5c81c-6a5d-57f7-8f6f-e73a86939807.html
Q: Hello, I got arrested for having marijuana in my mobile home and was found guilty but they would not show me the video.
Dimitrios Makridis' answer
Did you hire a lawyer? If so, ask your lawyer for a copy of the video. If not, typically you need to file a written demand for discovery with the court.
Did you hire a lawyer? If so, ask your lawyer for a copy of the video. If not, typically you need to file a written demand for discovery with the court.
Q: What is the statue of limitations on underage drinking in Ohio? For an adult.
Matthew Williams' answer
If there’s a warrant. There probably isn’t an issue with the SOL. That’s the time they have to charge you, not to catch you or try you. But plead not guilty and challenge the state to prove its case. I doubt they can turn up the witnesses or other evidence after so many years.
If there’s a warrant. There probably isn’t an issue with the SOL. That’s the time they have to charge you, not to catch you or try you. But plead not guilty and challenge the state to prove its case. I doubt they can turn up the witnesses or other evidence after so many years.
Q: Criminal defense question
Matthew Williams' answer
The defense can’t require any testimony from the state. But the law requires the state to prove its case beyond a reasonable doubt. Which means the state must prove the defendant knowingly caused serious physical injury to the victim. So they’re going to put on some testimony. None of those elements necessarily require an expert or forensic tech the way say DNA matching does. If seven people from a party testify the defendant, drunk, attacked the victim stabbing him in the face with a knife...
The defense can’t require any testimony from the state. But the law requires the state to prove its case beyond a reasonable doubt. Which means the state must prove the defendant knowingly caused serious physical injury to the victim. So they’re going to put on some testimony. None of those elements necessarily require an expert or forensic tech the way say DNA matching does. If seven people from a party testify the defendant, drunk, attacked the victim stabbing him in the face with a knife...
Q: What kind of motion would i file to get a no contact order dropped
Matthew Williams' answer
You can file a motion to modify the order, but under the circumstances, I would not expect the court to be very receptive to your request.
You can file a motion to modify the order, but under the circumstances, I would not expect the court to be very receptive to your request.
Q: What can one expect on a shoplifting misdemeanor theft charge, theft happened over a period of time so amount is high
Matthew Williams' answer
The punishments folks face on misdemeanor charges depend very heavily on the individual's history and the personality of the judge. A first time theft offender almost always gets probation, but there are some judges who do give jail time even on a first offense. If the charge is a misdemeanor in Ohio, the amount cannot be more than $1,000. Otherwise, you get into felony territory. Still, probation remains the most likely punishment for first time offenders or those with limited history. You...
The punishments folks face on misdemeanor charges depend very heavily on the individual's history and the personality of the judge. A first time theft offender almost always gets probation, but there are some judges who do give jail time even on a first offense. If the charge is a misdemeanor in Ohio, the amount cannot be more than $1,000. Otherwise, you get into felony territory. Still, probation remains the most likely punishment for first time offenders or those with limited history. You...
Q: What to do with a payroll overpayment ?
Brian Smith Esq's answer
It sounds like the employer deposited too much to your account. When they discover the error they can and will take the money back. you might build some good faith by letting them know of the over deposit.
It sounds like the employer deposited too much to your account. When they discover the error they can and will take the money back. you might build some good faith by letting them know of the over deposit.
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