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Ohio Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law for Ohio on

Q: they said they found stuff on him when they walked in and did a search but i think they r picking on him because

of a learnng disablity and need to get him a free attorney for his court appearance and he has never been in trouble with the law never. He has court may 28th need help please

Matthew Williams answered on May 13, 2019

Contact your local public defender’s office to find out if he needs to apply in advance or if counsel will be assigned to him at his first court appearance.

2 Answers | Asked in Criminal Law for Ohio on

Q: My friend is being charged with the death of her 2 yr old son while she was at work. How is this even right?

My friend has been arrested and charged with three counts of m1 child endangerment, f3 child endangerment and f1 involuntary manslaughter. Like every other day she had to go to work and her fiancé was getting off work in a few hours so she had her 17 year old brother watch her twin 2 year old boys... Read more »

Patrick DiChiro answered on May 5, 2019

IT IS HARD FOR ME TO ANSWER YOUR QUESTION. I WOULD NEED MORE FACTS. HOWEVER, YOUR FRIEND, THE MOTHER OF THE CHILDREN, IS THE CUSTODIAN AND GUARDIAN OF THE MINOR CHILDREN. SHE IS RESPONSIBLE FOR THE WELL BEING OF THOSE CHILDREN. SHOULD SHE PUT THOSE CHILDREN IN HARM'S WAY, SHE IS CRIMINALLY... Read more »

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1 Answer | Asked in Criminal Law for Ohio on

Q: What is the difference between void judgement and voidable judgement with case law in the state of ohio

Please provide case law with answer

Matthew Williams answered on Apr 30, 2019

A void judgment is void automatically and is deemed to have no legal effect now or before. A voidable judgment has legal effect until it is successfully challenged, but because it’s voidable, it’s going to be dead as soon as it’s properly challenged.

1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on

Q: I overturned 3 of my friends credit card rejection applications while working for a credit card company.

The total line of credit approved was 30,000. What will I be charged with and how much time am I looking at?

Matthew Williams answered on Apr 26, 2019

Your location is listed as Tampa, FL but the questions in the Ohio forum. If the problem is in Ohio, the most likely charge is Falsification under ORC 2921.13(A)(8) which basically says you can’t lie to help someone get credit. At 30k it’s a fourth degree felony carrying 6-18 months in prison.... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Ohio on

Q: Judge had me turn guns in to police department and now won’t return them 2 years later

About 2 years ago during my divorce my ex wife filed a protection order on me and a bs criminal case. I was told in court by the judge during the criminal case to turn in my guns to the police department by end of the day. I did as I was told and turned them in to the police. The charges were a... Read more »

Matthew Williams answered on Apr 26, 2019

Unless you are on probation (in which case you cannot possess a firearm), I suspect they’re jerking you around on procedure. Have a lawyer draft a replevin motion.

1 Answer | Asked in Criminal Law for Ohio on

Q: My 12 year old son was accused of gross sexual imposition. He was questioned by a detective and admitted to it.

Almost a year has passed and we were just contacted by the detective again. He referred the case to the juvenile prosecutor and we were just contacted by a court appointed youth counseling service. We have yet to be contacted by the prosecutor but were basically warned that if he did not completed... Read more »

Matthew Williams answered on Apr 25, 2019

You really ought to have a lawyer discuss this with the prosecutor. It sounds like the prosecutor has decided not to charge him if he does the counseling, but then there would be no record to expunge later so you need to find out if he has been charged.

1 Answer | Asked in Criminal Law for Ohio on

Q: I just found out my ex is having his grandma ruled incompetent a month before the trial happened.

He was found not guilty because he used her for a character witness. This was back in December. He is having her ruled incompetent starting November because she changed her will. He is challenging the will. Can this get his found not guilty thrown out since she was his only witness.

Matthew Williams answered on Apr 24, 2019

No. Aside from the double jeopardy issue. If her competence as a witness at trial was never challenged, the issue was waived.

1 Answer | Asked in Criminal Law, Estate Planning and Probate for Ohio on

Q: If only two heirs exist, and there is a owned home, do both heirs have the right to live in the house before probate?

my father passed away in August 2018, owning a home. My brother lives there currently, and I lived there 4/2018- 6/201, and in January my brother asked that i move in. He is more than likely going to be incarcerated for a year, and that is one reason he asked me to move in. Ive already started... Read more »

Joseph Jaap answered on Apr 23, 2019

If the estate has not been filed with the probate court, then that is what has to happen now, so an executor or administrator can be appointed by the court to resolve these issues, including ownership of the house if the deed did not have a survivorship provision or transfer on death designation or... Read more »

1 Answer | Asked in Criminal Law for Ohio on

Q: In Ohio if a fast and speedy trial is violated and charges dismissed can a defendant be re-indicted on same charges

Robert G. Stiefvater answered on Apr 23, 2019

If the statutory time to bring the case against you has expired then the State cannot re-indict you on the same charge.

1 Answer | Asked in Animal / Dog Law and Criminal Law for Ohio on

Q: theres was a stray/ unregistered dog running around a campground we visited. the dog warden is trying to charge us.

me and my girlfriend visited a campsite to see if we wanted to camp there. there was a stray running loose around the lake and the owners stopped us and said we were the ones to abandoned the dog and gave our plate # to the dog warden and the dog warden is trying to charge us. would that hold up in... Read more »

Robert G. Stiefvater answered on Apr 23, 2019

The State would have to prove that the dog belonged to you or that you were otherwise responsible for the dog.

1 Answer | Asked in Criminal Law for Ohio on

Q: Failed drug test po says come in tues going to jail. Im scared what can i do

Sentenced. 5 years probation for drug possession.

Robert G. Stiefvater answered on Apr 23, 2019

You can challenge your probation violation.

1 Answer | Asked in Criminal Law for Ohio on

Q: How do I file a bond reduction, ?

My son is being held in jail since March 21. Charged with 2counts of possession, his bond was set for $10000. They have teased him about getting out on. OR. but it hasn't happened yet. I don't have the money to pay his bond, a friend of mine suggests the bond reduction an I don't know how to go... Read more »

Dimitrios Makridis answered on Apr 22, 2019

Hire a lawyer to approach the judge and ask for a bond reduction.

1 Answer | Asked in Criminal Law for Ohio on

Q: after getting a bail bond a week later my son was arrested on same charge and bail was increased am I still responsible

My son was picked up and charged with aggravated assault after a week they said they had more information for charge so the judge ordered him back to jail all same charges just more bail

Matthew Williams answered on Apr 16, 2019

Yes. Your contract with the bondsman is you pay them and they get him out. They did that. It’s not their fault he went right back in. Folks are often in hurry to get out, but you’re money is better spent on a lawyer than a bondsman.

1 Answer | Asked in Criminal Law for Ohio on

Q: Is $350,000 an excessive Bond amount for a contempt of court charge

Matthew Williams answered on Apr 16, 2019

It really depends upon the circumstances.

2 Answers | Asked in Criminal Law and Traffic Tickets for Ohio on

Q: If my liciense are suspended and i have a warrant how can i get the block off completly

I have a warrant block from one of my tickets i didnt pay now tgey asking me to turn myself in

Brian Smith Esq answered on Apr 15, 2019

That attorney could file a motion to lift the warrant. These are frequently granted when a court sees an effort to resolve the ticket. A court may then schedule a pretrial where that attorney can work to resolve the ticket too. If the court will not withdraw the warrant, an attorney could help... Read more »

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1 Answer | Asked in Criminal Law and Traffic Tickets for Ohio on

Q: What would happen if I didn't stop completely I have tempts first offense

I was pulled over I have court want to know would this bother my license before I get them?

Patrick DiChiro answered on Apr 15, 2019

It might! Some courts have programs allowing you to get your license valid. Then the repercussions are usually lighter.

Pat

1 Answer | Asked in Criminal Law for Ohio on

Q: Can you be arrested for window tint? Which includes prior multiple minor misdemeanors for window tint due to no removal

Matthew Williams answered on Apr 14, 2019

If the charge itself is a minor misdemeanor, you can be arrested on it. But many offense become a higher level that would permit arrest after multiple offense. Also, you could be arrested for contempt of court if a judge ordered the tint removed.

1 Answer | Asked in Criminal Law for Ohio on

Q: Can a judge order a search warrant for a differnt state? And can a search warrant be issued for a person?

I live in Ohio a crime i apparently commited was in West Virigina. I live right across the river from the county the crime was commited can wv police or judge do anything? Other than issue an warrant for my arrest. The crime was a felony and i did not sign any extradition papers. I also plead no... Read more »

Matthew Williams answered on Apr 14, 2019

They’ll just issue a warrant if you don’t show up.

1 Answer | Asked in Criminal Law for Ohio on

Q: Can a judge sentence a person to a rehab facility that the judge owns part of?

Matthew Williams answered on Apr 13, 2019

That sounds like a terribly difficult ethics question. You can check with Board of Professional Conduct in Columbus to see if there is an opinion on the matter. Their number is 614- 387-9370. It’s not a question for a short Internet forum.

1 Answer | Asked in Criminal Law for Ohio on

Q: My sister is being charged with smuggling drugs into a prison and is in Richland County Jail. Her arraignment is on Tue

Is it possible for her bond to be lower and how much it will cost for a lawyer to represent her?

Matthew Williams answered on Apr 13, 2019

Illegal conveyance is a serious crime. Her bond could be lowered. Anything’s possible. But I wouldn’t count on it. You need to speak privately with some attorneys regarding fees since they vary considerably from lawyer to lawyer and market to market. But it will be several thousand dollars at a... Read more »

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