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Ohio Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Ohio on
Q: Can you appeal a case that has been continued multiple times and the defendant is not guilty
Matthew Williams
Matthew Williams
answered on May 25, 2022

It sounds like the case is still in the pre trial phase so an appeal would be untimely. The basic timeline is arraignment, pre-trials (discovery and negotiations), either plea or trial, sentencing, and then appeal.

1 Answer | Asked in Criminal Law for Ohio on
Q: delinquent at age 15 for domestic violence on my brother. At age 31 will this prevent me from getting a CCW in Ohio?

Found delinquent at 15 in Ohio for domestic violence due to an altercation with my brother. Will this prevent me from being able to apply for a Concealed Carry (CCW) license? Is this something that is ever expunged, being a juvenile record and occurring 16 years ago?

Matthew Williams
Matthew Williams
answered on May 14, 2022

You should make sure this case gets expunged. Once that’s done, you shouldn’t have any trouble.

1 Answer | Asked in Criminal Law for Ohio on
Q: Let friend borrow car they let someone else use it and they had no license now it's towed what can I do

I let my friend borrow my car for a couple days, and they ended up letting someone else use it and that person didn't have a liscence so my car got towed and my friend well ex friend didn't bother telling me till 3 days after it got towed

Marcus A. Ross
Marcus A. Ross
answered on May 10, 2022

In Franklin County typically the City Prosecutor’s Office will object to a warrant being set aside for a Domestic Violence and companion Assault Case. The Judges typically won’t set the warrant aside. The defendant typically has to turn him/herself into the jail, be slated, fingerprinted and... Read more »

1 Answer | Asked in Criminal Law, Juvenile Law and Sexual Harassment for Ohio on
Q: Is it illegal for a 16-17 year old to talk a 10 year old into video chatting and showing private parts?

And talk about cuddling and loving the 10 year old? What if said teenager offers paid for video game currency such as “robux”

Said teenager - Iowa

Matthew Williams
Matthew Williams
answered on Apr 26, 2022

Yes, that is illegal.

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Municipal Law for Ohio on
Q: i am on probation in Cleveland muni court and Cuyahoga common pleas. common pleas has the longest possible sentence.

i am on probation in Cleveland muni court and Cuyahoga common pleas. common pleas has the longest possible sentence.

Under ORC Section 2951.022 | Supervision of concurrent supervision offender. It says that the court that has imposed the longest possible sentence has jurisdiction.... Read more »

Matthew Williams
Matthew Williams
answered on Apr 26, 2022

It’s not automatic, especially since the statute authorizes the judges to change the concurrent supervision rules more or less as they see fit. I would start with a conversation with the two probation officers before going to the court.

1 Answer | Asked in Criminal Law for Ohio on
Q: In order to be found guilty of retaliation, one must have a judicial decision in the underlying offense.

The criminal statute uses past-tense verbs (was involved) and (discharged duties) therefore, in order to gain a lawful conviction the State must prove the prior conviction in the underlying offense. House Bill 88 made this clear by setting forth the distinguishing characteristics of the criminal... Read more »

Matthew Williams
Matthew Williams
answered on Apr 26, 2022

It’s hard to predict which cases the Supreme Court will take up. If they previously declined to hear the same issue, then it does seem likely they will decline again.

1 Answer | Asked in Criminal Law for Ohio on
Q: If your pulled over during a controlled buy and the charge was dropped would the entire stop be inadmissable

My bf was stopped after selling to a informant. Turned out what he sold them was water so they dropped the charge however during the stop he was found to have a small amount of meth on him .can they still charge him with it even though without the controlled buy they had no pretense to have pulled... Read more »

Matthew Williams
Matthew Williams
answered on Apr 22, 2022

They could probably still charge him with the meth. When police are investigating one potential crime and come across evidence of another, they can run with it. Although it turned out no drug transaction had taken place, there was likely enough PC for the stop. If they have communications setting... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Ohio on
Q: can a prosecutor give you their opinion on how judge will rule while offering you plea bargain?

i heard pros say it’s highly unlikely i’ll be convicted but he still wanted to offer me a reduced charge. The words highly unlikely motivated me to refuse plea. Then, I was found guilty. Next day I called pros and he denied what he said. He said he may have said it’s highly unlikely i’ll... Read more »

Matthew Williams
Matthew Williams
answered on Apr 19, 2022

The prosecutor is free to offer his or opinions. You should not listen to them seeing how their job is to convict you.

1 Answer | Asked in Criminal Law for Ohio on
Q: If drugs are sent to a lab for testing and the drug test positive for other drugs also can you be charged with all .

The drug was heroin but lab tested for cocaine and something else as well. Now the police are trying to charge me as if I had 3 seperate drugs instead of the initial drug they found which was herion.

Matthew Williams
Matthew Williams
answered on Apr 13, 2022

When suspected drugs are sent to the lab for testing it is not at all uncommon for more than one illegal substance to be detected leading to more than one charge. It may be the same baggie but if it contains heroin and fentanyl, there can be two charges: one for each drug. You should be working... Read more »

1 Answer | Asked in Criminal Law and White Collar Crime for Ohio on
Q: What do I do when I’m accused of Felony 5 theft when i had approval to take

I was told by multiple people above me I had the ability to take a product with out paying. These leaders i have seen do the same. I made sure I was on camera doing this so it did not look as if I was stealing. I have now been termed and charged with a felony 5. I have never been in legal trouble... Read more »

Matthew Williams
Matthew Williams
answered on Apr 11, 2022

You need to get an attorney. Defending a criminal case is not something we can simply teach you to do in an internet forum.

1 Answer | Asked in Criminal Law and Communications Law for Ohio on
Q: How do I present evidence to the court that proves I'm innocent?

Telephone harassment

Patrick DiChiro
Patrick DiChiro
answered on Mar 27, 2022

This is not an easy question to answer. Presenting evidence to court is something that you learn in law school and through the practice of law. There are different types of evidence and different ways to present it. May I suggest, for a starting point, that you review the Ohio Rules of Evidence.... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: Where can I find what felonies can not file for 2923.14. I’ve read the requirements but I can’t find the levels
Matthew Williams
Matthew Williams
answered on Mar 25, 2022

There are no restriction based upon offense or offense level that bar an individual from applying for relief from a weapons disability. There are certainly offenses that make it much more unlikely a court will grant relief. But anyone can apply.

1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Libel & Slander for Ohio on
Q: What can I do if I am on the receiving end of a threatening text message from an ex-coworker in Ohio?

An ex-coworker sent me a text message stating people will be going after me after he talks to them and they will beat me, this is after he caused me issues at work by lying to HR and almost getting me fired.

Matthew Williams
Matthew Williams
answered on Mar 25, 2022

You can do one or both of the following: report the matter to the police, and/or seek a civil protection order.

1 Answer | Asked in Criminal Law for Ohio on
Q: I left the halfway house and was charged with escape is that a felony 5

left the halfway house is that a f 5

Matthew Williams
Matthew Williams
answered on Mar 25, 2022

The offense level of an escape charge depends on what you were under detention for and whether or not the escape involved harm to individuals or property.

2 Answers | Asked in Criminal Law, Education Law, Internet Law and Juvenile Law for Ohio on
Q: If I record someone making a bomb threat in a school. Do I (the recorder) get first degree telecommunications harrass?

I recorded someone making a bomb threat in a class room and posted it. I am now being charged with the first degree misdemeanor telecommunications harassment. Am I guilty of this charge? I did not say anything in the video at all. I was also suspended 5 days for Filming. I am a minor by the way.... Read more »

Matthew Williams
Matthew Williams
answered on Mar 25, 2022

Your guilt or innocence here turn on your intent. If you were a party to making the threat, that is, if you made the video with the intention of helping this other person communicate their threat, then yes, you are guilty of telecommunications harassment. If you made the recording with the... Read more »

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Child Custody for Ohio on
Q: What are things that an activist cant do-that an attorney can-besides filing paperwork for individuals?

Can they go into court and sit with them if they are pro se?

Raquel Ann Parish
Raquel Ann Parish
answered on Mar 23, 2022

As a general rule in family law matters, the courts do not allow third parties to help or assist pro se litigants during a court hearing and only the named parties can be present in the court room for hearings. An activist cannot engage in the unauthorized practice of law which can include actions... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: I want to see if it is possible to resolve the open case dispostion(s) on my FBI record in Cleveland Heights in 1970.
Matthew Williams
Matthew Williams
answered on Mar 18, 2022

Your question is not very clear. Do you still have pending cases from 1970 or are you hoping to get records sealed? In either event, an attorney can assist you.

2 Answers | Asked in Criminal Law and Federal Crimes for Ohio on
Q: What happens if ur not Mirandized and warrant and parole officer were called/issued hours after being booked?

They are serious drug charges and this is his 4th time around but that shouldn't matter, I'm thinking that's what Miranda rights are to be read is so people remember their rights.

Richard W. Noel
Richard W. Noel
answered on Mar 15, 2022

If a person isn't properly Mirandized, an attorney can argue to have any statements made during the questioning suppressed. That's not the same as a dismissal. If a person is on parole, they have a much less diminished expectation of privacy when it comes to searches. Finally, warrants... Read more »

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1 Answer | Asked in Employment Law and Criminal Law for Ohio on
Q: Can a Amended charge that got changed to a lesser charge still affect employment?

I’m starting a health care job pending back ground check. I was convicted of a misdemeanor of disorderly conduct 2019 that was changed from child endangerment. Could the amended charge affect employment?

Matthew Williams
Matthew Williams
answered on Mar 7, 2022

Yes, it could. You should get the records sealed but you should also know that healthcare providers, if they ask correctly, can get access to sealed records.

1 Answer | Asked in Criminal Law for Ohio on
Q: I'm facing a felony charge for helping find a retrieving like the owner had ask now I'm facing the charge what can I d

The owners had asked me if I can help find their stolen property an I did an got it back for them now I am facing a charge my record is clean never been in trouble I'm in a position I can lose my job over this an many other things what can I do

Matthew Williams
Matthew Williams
answered on Mar 7, 2022

You need to hire an attorney. Being charged with a crime is not a DIY project.

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