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Ohio Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Ohio on
Q: How can you get a warrant cleared
Marcus A. Ross
Marcus A. Ross answered on Dec 1, 2021

Sir/Maam,

If this is an arrest warrant it can be set aside/cleared by making an appearance with Counsel who can make a request (with the prosecutor present) for the Judge to set the warrant aside. (You can show up by yourself but typically retaining counsel will allow your Attorney to reach...
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1 Answer | Asked in Car Accidents and Criminal Law for Ohio on
Q: I made a dumb decision tonight. I was waiting in a long line at drive thru late, and a kid blatently cut me off in line.

The kid ended up being 17 years old. I pulled out of line and threw a thin plastic, mcdonalds cup at his passenger window and left. He followed me even though I tried to lose him to my parents where my daughter was sleeping. He got out of his car making threats, so I grabbed a golf club and yelled... Read more »

Marcus A. Ross
Marcus A. Ross answered on Nov 24, 2021

Sir,

If you are unsure whether the surveilance video cameras will show you causing damage to the window at the McDonald's then you can arrange with the young man to pay for the damage and make full restitution based on a written estimate he gives for the costs of the repairs and/or...
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1 Answer | Asked in Contracts, Criminal Law, Banking and Business Formation for Ohio on
Q: My mom’s boyfriend has 50,000 from selling a house. He owes money and wants me to hold it for him.

He wants to transfer the money straight into my bank account. Is this money then legally mine? Is there any legal action he can take if I don’t give it back? He has no access to my bank other then him having it transferred

Joseph Jaap
Joseph Jaap answered on Nov 18, 2021

If it is not a gift to you, then you are holding it in trust for him, and it would not be legally yours. But he would not have access to it, and if you refused to give it back, then he would have to sue you. If there is no signed agreement stating the terms by which you are holding the money for... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: How long after expungement/record sealing hearing before I am able to hunt or have my guns back?

I had the judge grant the sealing of my record recently. I had 2 F4 in Ohio. Its been 10 years. Im wondering how long after the hearing I have to wait to be able to hunt or have my guns back.

Matthew Williams
Matthew Williams answered on Nov 17, 2021

This is a bit up in the air at the moment. It used to be that having your record sealed in Ohio did not restore firearms rights and you had to follow a separate, civil application process. A few years ago they changed the language in the weapon's under disability statute and at least one... Read more »

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Ohio on
Q: My drunk mom was yelling at me to get out of our house where we live together.

She then was blocking me from getting a hoodie out of my room so I tried to move her out of the way. She was so inebriated that she tripped and fell and hit her forehead on the door jamb and got a black eye. My wife called the police on her because it was not safe to have our one year old son... Read more »

Matthew Williams
Matthew Williams answered on Nov 11, 2021

Prosecutors are loath to drop domestic violence cases simply because the victim’s story changes. That happens all the time. It sound like there may be at least one somewhat independent witness in your wife. You should work with a lawyer to present your defense.

1 Answer | Asked in Criminal Law for Ohio on
Q: What does it mean. . community control sanction violation. / probation violation
Matthew Williams
Matthew Williams answered on Nov 10, 2021

With the incomplete entry you have provided, it is difficult to say if the defendant has already been found in violation or is accused of being in violation. But it means there is, at the very least, an allegation that the defendant has violated the terms of his or her probation.

1 Answer | Asked in Criminal Law for Ohio on
Q: They found 3 bags meth and his kids name was in the bag I told them it wasn't mine nut initially and I got charged
Matthew Williams
Matthew Williams answered on Nov 10, 2021

You have not asked a question. But you should either hire an attorney or, if you cannot afford an attorney, appear at your arraignment, enter a plea of "not guilty" and ask the court to appoint an attorney to represent you.

1 Answer | Asked in Criminal Law, Banking, Identity Theft and White Collar Crime for Ohio on
Q: Can i be convicted on charges if i never had a check cashed and they also don't have the check just a photocopy of it?

A friend of mine said he had done work for someone but didn't have an ID to cash a check they were paying him for the job so he had it put in my name. I went to cash this check and the bank acted a little fishy over this check and wanted me to stick around to ask the owner if it was legit. I... Read more »

Matthew Williams
Matthew Williams answered on Nov 4, 2021

Yes you could be convicted. Your defense goes to your state of mind and not knowing the check was a forgery. That can be difficult to back up. The prosecutor will almost certainly be convinced you were in on it. You should get a lawyer.

1 Answer | Asked in Criminal Law and Identity Theft for Ohio on
Q: I had a or bond revoked and a new bond set ! Does the conditions of the old bond carry over to the new bond

I had to report to pretrial services on my OR bond I didn't I went back to jail! I had a new bond set used bail bondsman to get out ! Would the conditions be the same or would new conditions be set & me be informed because its a new bond

Matthew Williams
Matthew Williams answered on Nov 3, 2021

When a judge resets a bond they may or may not add/substract conditions. You should check with your lawyer or the court to make sure you understand the conditions of your current bond.

2 Answers | Asked in Criminal Law for Ohio on
Q: The officer would not take my wife's statement of what she witnessed because she is my spouse. Is the officer correct?

I received a citation for simple assault in Ohio

Andrew Popp
Andrew Popp answered on Oct 14, 2021

How an investigation proceeds is to a certain extent up to the discretion of the investigating officer. While there can certainly be arguments about partiality, if your wife witnessed the incident then she may be called upon to testify later. (Either as a defense or prosecution's witness).... Read more »

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1 Answer | Asked in Criminal Law for Ohio on
Q: Can person that confesses to a theft change their story and implement someone else was at fault 5 months later?

My daughter was with a person that confessed to theft but now the person is threatening to say she knew about the theft when she did not if my daughter does not pay for her class. This person told my daughter that if the $200 isn't paid this person will go to jail. Therefore my daughter needs... Read more »

Matthew Williams
Matthew Williams answered on Oct 13, 2021

She can change her story. It's kind of unlikely anyone will believe it. It sounds like she's already been charged and convicted and is now on probation. I do not think the prosecutor is going to want this case back.

1 Answer | Asked in Criminal Law for Ohio on
Q: swat raided a house on the warrant was said address no name i wasnt at the address i was trying to move in but landlord

was acting funny .wouldnt never let me sign a lease and officially move my stuff in .they found stuff at the address and charged me with it ..

Matthew Williams
Matthew Williams answered on Oct 12, 2021

Perhaps you have a solid defense. You have not actually asked a question. But you need to hire a lawyer and discuss this matter with him or her privately.

1 Answer | Asked in Criminal Law for Ohio on
Q: I have a friend whos in prison for aggravated robbery with 20+ counts. He was 18, now he's 30 years.

My question is basically is there a chance for an early release because he has done roughly 11 years. I think he has paid his dues but yeah.

Matthew Williams
Matthew Williams answered on Oct 6, 2021

A lawyer needs to review the case. This sort of question is highly fact and judge dependent. I've had judicial release motions granted for convicted rapists and denied for non-violent crimes. So much depends on the judge, what the individual has done with themselves in prison, and whether the... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: Can you receive a charge for drug paraphernalia charge if you were not cited at the scene more than a week later?

I was a passenger in the car when a friend was pulled over. He allowed them to search his car and in the car was my purse which they found a rolled up $100 bill and a card with residue on it. I was not cited at the scene but told I have a charge "over my head" if I did not give them a... Read more »

Matthew Williams
Matthew Williams answered on Oct 5, 2021

Sort of. They can certainly charge you later, and they have a lot of time. But not whenever they want. If the charge is a misdemeanor, the statute of limitations in two years. If the charge is a felony, the statute of limitations is six years. From your description it sounds likely the substance... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: What gives a judge the ability to sentence someone over the max on a charge? No priors!!

County not federal court.

Matthew Williams
Matthew Williams answered on Oct 5, 2021

Nothing gives the judge the ability to sentence someone over the maximum allowable prison term. But it is far more likely you misunderstand the maximum than that the judge did so. Review the matter privately with a lawyer.

1 Answer | Asked in Criminal Law and Civil Litigation for Ohio on
Q: Is it my right to have a substances retested?

Long story short I know what I had an weight when I got arrested but saying i had something else an different weight.

Matthew Williams
Matthew Williams answered on Oct 5, 2021

Through your lawyer, yes, you can have independent experts examine the suspect substance. The state labs will often retest upon request as well.

1 Answer | Asked in Criminal Law for Ohio on
Q: Are people getting sent to prison during COVID for violating their felony probation?

I have a friend who is currently in jail facing new felonies. He left state while he is on probation. He has two felony 4s and two felony 5s that he is on probation for. He is facing 2 felony 4 on the new charge.

Andrew Popp
Andrew Popp answered on Oct 4, 2021

Yes, that is still happening.

2 Answers | Asked in Criminal Law for Ohio on
Q: Is there a trusted website that I can use to review State of Arkansas criminal cases?
Matthew Williams
Matthew Williams answered on Sep 28, 2021

If you want to get some help finding cases that may be pertinent to your own, the best thing to do--unless you want to pay for Westlaw or Lexis Nexus--is to visit the library at the nearest public law school.

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1 Answer | Asked in Criminal Law for Ohio on
Q: My husband will be eligible for judicial release May 8, 2022. When should I contact a lawyer to prepare to apply?
Matthew Williams
Matthew Williams answered on Sep 26, 2021

If you want the motion filed right away, you should hire an attorney at the beginning of April so they have time to write the motion and gather supporting documentation.

1 Answer | Asked in Criminal Law for Ohio on
Q: If I was charged with trafficking, conveyance, agg trafficking and an inmate is charged with complicity how can the

How can the inmate argue standing in his motion to suppress

Matthew Williams
Matthew Williams answered on Sep 24, 2021

Facts are everything on a motion to suppress, but in a conveyance situation it's reasonably likely the inmate does not have standing. You and the other party involved need to be discussing this rather serious case privately with attorneys so you can go over all the facts and the law to find out.

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