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Ohio Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Personal Injury for Ohio on
Q: Is it illegal to get a power of attorney from a alzheimers patient
Nina Whitehurst
Nina Whitehurst answered on Dec 14, 2019

It depends on how advanced the condition is. In the early stages of Alzheimer’s, the individual often still has testamentary and contract capacity. In the later stages the person clearly does not.

1 Answer | Asked in Criminal Law for Ohio on
Q: could I be charged for disorderly conduct when my father came into my house unwelcome and assaulted me with my own weapo

At my fathers I over heard my 5 y.o did something he shouldn’t have My father told him “if you ever do that to me I’ll punch you in the f*****g head” I came out said nothing & packed up to leave My son kept bringing up what had been said to him so my fiancé texted him a few days later... Read more »

Dimitrios Makridis
Dimitrios Makridis answered on Dec 9, 2019

Did you call the police? I would call and report it, if you haven't already. If you are charged with something (doubtful if you haven't been charged yet), I would hire a criminal defense attorney at that time.

1 Answer | Asked in Criminal Law for Ohio on
Q: I'm 17 and live in Columbus ,Ohio.I got in a fight with a family friend and he physically abused me naked. What do I do?

I was in the shower playing music when I heard knocking and yelling on the door. So I got out of the shower and I opened the door I seen my cousin. I asked my cousin and she said (friend) knocked. I told him to wait and them slammed the room door, then returned to the bathroom(3 people were in the... Read more »

Dimitrios Makridis
Dimitrios Makridis answered on Dec 6, 2019

You can go to the intake office at 375 S. High St., 7th floor, Columbus, OH 43215 to file a complaint. An intake officer will interview you, collect all evidence necessary, and then a prosecutor will review the evidence and determine whether there is probable cause to file charges. Because you are... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: My son was picked up by a women who had her child with her. He purchased drugs from her. They got pulled over ,searched

She was told to tell whos drug it was she was free to go. She blamed my son . They arrested him . With a juvenile spec. What can he do

Dimitrios Makridis
Dimitrios Makridis answered on Dec 3, 2019

Hire a lawyer

1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: Can I be charged with obstruction if I refuse to exit my car at a dui checkpoint

They busted out my window and arrested me without reading me my rights and when I asked why I was being arrested I was told obstruction I asked obstruction of what and was told that they didn't have to explain anything to me I asked for a supervisor and never was allowed to speak with one even... Read more »

Dimitrios Makridis
Dimitrios Makridis answered on Dec 1, 2019

You need to hire an OVI defense attorney asap.

1 Answer | Asked in Criminal Law for Ohio on
Q: I read revised code 2921.31 but I still do not understand. Can you explain it in plainly to me please? my son can't work

My son is not able to get a job based on what he did on his 18th birthday in 2018. He has on his record revised code: 2921.31 and revised code: 2917.11 No one will hire him because of this. What can be done so that he can finally get a job?

Dimitrios Makridis
Dimitrios Makridis answered on Nov 26, 2019

He needs to speak with a lawyer about getting the convictions expunged.

1 Answer | Asked in Criminal Law for Ohio on
Q: Can police have a drug dog search your car during a traffic stop without your consent
Dimitrios Makridis
Dimitrios Makridis answered on Nov 26, 2019

The short answer is yes, but the particular facts of the case matter. You need to hire a criminal defense attorney asap.

1 Answer | Asked in Criminal Law for Ohio on
Q: I’m being charged with a d.v. M1. I never been in trouble can I get it reduced or lowered?

My son also witnessed and made a statement about the altercation between my daughter and I. I did have her in a chokehold to restrain her and calm her down and it left a bruise on her neck!!!! But she lied about it made them think I strangled her!! I didn’t and now they just think I’m an... Read more »

Dimitrios Makridis
Dimitrios Makridis answered on Nov 24, 2019

You need to hire a criminal defense attorney asap.

3 Answers | Asked in Criminal Law, Federal Crimes and Probate for Ohio on
Q: Can cops pick me up for a warrant I have as I walk out of mental heath facility after being released?
Dimitrios Makridis
Dimitrios Makridis answered on Nov 20, 2019

An active warrant can be resolved by (1) appearing in front of a judge and trying to get it set aside, (2) turning yourself in, or (3) getting picked up on it, so the answer to your question is yes.

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1 Answer | Asked in Criminal Law and Juvenile Law for Ohio on
Q: My 16 year old daughter made out with a 21 year old AND lied and stayed at the 21 year olds apartment twice.

Are there grounds for filing a case against the 21 year old. The 21 year old also exposed her to the Pagen religion and we believe alcohol. She met this individual at work, are their any consequences to the employer?

Matthew Williams
Matthew Williams answered on Nov 20, 2019

(1) It is not illegal for a 21 year old and a 16 year old to make out. (2) It is not illegal to introduce people to different religions. (3) It is illegal to provide alcohol to a person under the age of 21. (4) The employer has nothing to do with it. So, if there's evidence he is supply drugs or... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: Can i get a New charge on a case i already served time for?

I plead no contest to a f4 attempt to commit an offense. I served 6 months for it 3 years probation. Now theyre trying to charge me with an f2 felonious assault. Is this possible?

Matthew Williams
Matthew Williams answered on Nov 20, 2019

We would need a bit more information to analyze whether or not there is a double jeopardy issue here but generally you can be charged with more than one offense out of a situation if each offense has a separate element or part.

1 Answer | Asked in Contracts, Criminal Law and Traffic Tickets for Ohio on
Q: I was recently given a ticket for reckless driving. I have no prior incidents on my driving and no criminal record

I live in ohio, am a navy vet, and have a lawyer who will represent me in court. He has said that I do not have to show up, and that we will plead not guilty. Is this a good move and should I show up? I also have not signed a contract with him. Should I get a contract?

Patrick DiChiro
Patrick DiChiro answered on Nov 14, 2019

MOST COURTS IN OHIO ACCEPT FAXED OR E-MAIL NOT GUILTY PLEAS FROM ATTORNEYS. IT AVOIDS WASTING THE ATTORNEYS TIME SHOWING UP AT AN ARRAIGNMENT WHERE NOTHING REALLY GETS DONE OTHER THAN A PLEA ENTERED AND A JUDGE ASSIGNED.

SO IT DOES NOT HURT YOU TO NOT SHOW UP AT COURT.

AS FOR THE...
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1 Answer | Asked in Communications Law and Criminal Law for Ohio on
Q: What is the average penalty for a telecommunication charge in Ohio
Matthew Williams
Matthew Williams answered on Nov 11, 2019

Probation is the most likely outcome. But the facts of each case and the history of the defendant are certain to be taken into account.

1 Answer | Asked in Criminal Law for Ohio on
Q: So this is my kids dad first time having a DV charge and he didn't leave any marks or nothing on me can he get out
Matthew Williams
Matthew Williams answered on Nov 11, 2019

He will get out eventually sure. But he needs to get a lawyer.

2 Answers | Asked in Criminal Law for Ohio on
Q: How can I seal my record? How can a dismissed charge show up on a background check?

I received an underage in October of 2017 and a possession of marijuana charge. I had court in Jan 2018 and the drug charge was dropped and I plead guilty to a misdemeanor disorderly conduct. I just got a background check done from Checkr for a delivery application and I noticed that in the report... Read more »

Leslie Albeit
Leslie Albeit answered on Nov 11, 2019

All arrests/charges/convictions will show up on a background search. You should contact the court in which you were charged to ask about their application for record sealing. Most of the time for misdemeanor cases in Ohio, it costs $50 to seal a conviction and free to seal a dismissal. You must... Read more »

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1 Answer | Asked in Criminal Law for Ohio on
Q: What are the penalty options for petty theft of 30 dollars for a first offender?

Theft was for two sleeves of golf balls which contain 3 balls in each sleeve for a total of 6 golf balls. Retail cost of two sleeves is probably about a total of $30 dollars.

Brian Smith Esq
Brian Smith Esq answered on Nov 9, 2019

Theft for this low of an amount is called petty theft, but it is a first-degree misdemeanor for which the maximum penalties are $1,000.00 and six months in jail. Of course, with this being a first offense the maximum penalties are not a probable outcome, but it is possible that the court could... Read more »

1 Answer | Asked in Criminal Law and Employment Law for Ohio on
Q: Is it legal for a employer to not give me and my 2 friends our checks after they fired us and are pressing charges on us
Greg Mansell
Greg Mansell answered on Nov 6, 2019

It is not legal for your employer to withhold pay for more than 30 days. They are required to pay you minimum wages for ALL hours worked.

1 Answer | Asked in Family Law and Criminal Law for Ohio on
Q: My wife and I are separated not legally but living apart we have been since November 2012.

I have been trying to get her to sign dissolution paperwork for years. I pay child support but I haven't been able to for a couple of months due to being unemployed. She has now told me which I have text evidence of that she will not sign the paperwork till I pay the child support. This sounds like... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 6, 2019

Use the Find a Lawyer tab to retain a local family law attorney to prepare and file as a divorce. That does not need her to sign. The divorce process will proceed whether or not she participates.

1 Answer | Asked in Criminal Law for Ohio on
Q: Can a 20 year old boy get in trouble for getting a 16 yr old girl pregnant In the State of Ohio?
Matthew Williams
Matthew Williams answered on Nov 1, 2019

Yes, though it’s not really likely. In Ohio 16 is the age of consent, but the law concerning contributing to the delinquency of a minor is quite vague. He’s certainly on the hook for child support.

1 Answer | Asked in Criminal Law for Ohio on
Q: What are medical marijuana patient's rights to medicate, if placed on county probation?

In terms of complying with random drug testing.

Matthew Williams
Matthew Williams answered on Nov 1, 2019

None. Marijuana remains a schedule 1 substance under federal law. Probation can require that you abide by all laws.

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