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Ohio Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: I have a warrant for DV misdemeanor 1 & misdemeanor 2 damaging/endangering. What should I do?
Matthew Williams
Matthew Williams answered on Feb 16, 2020

You should hire a lawyer and prepare yourself for a long schlog

1 Answer | Asked in Bankruptcy, Criminal Law and Civil Rights for Ohio on
Q: Purchase of Car without title

My friend got into trapped by purchase of car without title. He was informed by the seller that he will get the title released from the bank but still seller has not paid off the loan and title is not yet released.

Now my friend is chasing the seller but seller is not responding.... Read more »

Timothy Denison
Timothy Denison answered on Feb 12, 2020

Depending on the value of the car or how much was paid, he should file a complaint in either Superior Court or the Supreme Court. He probably should consult a local debtors rights attorney who can oversee the finer points.

1 Answer | Asked in Criminal Law for Ohio on
Q: Can I still be charged for drug possession if it was found on me but I wasnt charged at that time
Brent J Huff
Brent J Huff answered on Feb 12, 2020

Yes. usually, cops cite the person, or people, that they believe possess an illegal substance. But, a prosecutor can charge a crime against anyone they have probable cause to believe has committed that crime. Usually a prosecutor makes this decision after the cops "screen" the case with them.... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: I currently have a public defender and I have a change of plea hearing in a few days.

Can I ask the judge for a continuance to obtain private counsel?

Matthew Williams
Matthew Williams answered on Feb 11, 2020

You can certainly ask. You’d better hurry up and do it, if that’s you want to do.

1 Answer | Asked in Criminal Law for Ohio on
Q: Ohio inmate filed judicial release on 9/30 & submitted a supplement per request 12/31 will they hear 180 days from 9/30?

I have read that there is a mandatory ruling due 180 days after filing for judicial release is that always the case? Does the requested supplement add additional time for ruling? If they do not hear in 180 days does that mean the request was denied?

Matthew Williams
Matthew Williams answered on Feb 11, 2020

The law states that the court, if it holds a hearing on the motion, is to hold the hearing not less than 30 days after the motion is filed and not more 60 days after the motion is filed, provided, however, that the court can delay an additional 180 days. The court is required to enter a ruling... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: If I went to pre trial pled guilty but have to go back for sentencing can I withdraw my plea felony 4
Dimitrios Makridis
Dimitrios Makridis answered on Feb 3, 2020

Depends. Talk to your lawyer.

1 Answer | Asked in Criminal Law for Ohio on
Q: When trying to gain employment with a felony, when does the 5 yr begin, when indicted or convicted.
Dimitrios Makridis
Dimitrios Makridis answered on Jan 30, 2020

When can I apply for expungement?

1 felony = 3 years from the date the case is closed;

2 felonies = 4 years from the date the case is close;

3, 4, or 5 felonies = 5 years from the date the case is closed.

"The date the case is closed" is the date you finish:...
Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Education Law for Ohio on
Q: I was wondering if I can be expelled from school for something not mentioned in the handbook.

I was accused of something with no proof, given 30 seconds to gather all of my things, expelled for something not mentioned in the handbook and off of school property.

Matthew Williams
Matthew Williams answered on Jan 23, 2020

You can certainly be expelled for something that isn’t in the handbook. They can’t possibly be expected to cover every possible action and most contain some catchall kind of phrase like “other conduct unbecoming of a student.” What are you accused of doing?

1 Answer | Asked in Criminal Law for Ohio on
Q: Pled down misdemeanor 1 (RSP) to misdemeanor 4 ( UUP) and received Community Control Probation for 180 days. How?

Along with fines which include his PD fees of almost $600 and online class amd 40 hours community service. Check in every 4th tuesday by phone. Got an extension, but was not told that it was only for paying the fine. Now my husband is in Delaware County for PV. He is on suicide watch and still not... Read more »

Matthew Williams
Matthew Williams answered on Jan 23, 2020

It’s unclear what your question is. The probation and conditions sound pretty standard. He will have to wait to see the judge on the alleged violation at which time they’ll probably let him out.

1 Answer | Asked in Criminal Law for Ohio on
Q: How can u get a warrant for endanger child M1 off of u that is from 9 years ago.

My baby dad found out he has a warrant from 9 years ago M1 child endanger but he lives 2hrs away from the city that he has a warrant in. He has been stopped by our local police and they told him he had a warrant but didnt take him to jail bc it's on a misdemeanor. How can u go about getting it... Read more »

Matthew Williams
Matthew Williams answered on Jan 23, 2020

Each court treats these situations a little bit differently. Some will allow a motion to recall the warrant and simply set a court date. Most will want the individual to turn himself in to be processed and give a bond. Done correctly this can usually be taken care of in a morning. Some have already... Read more »

2 Answers | Asked in Criminal Law and DUI / DWI for Ohio on
Q: What can I do to fight a class 5 felony in Ohio? Police found less than a gram of meth amphetamine in my trunk.

I am from PA but was driving through Ohio. I stopped at a gas station and while pumping gas I found a strange package. I was unsure of what it was but my curiosity took over and i grabbed it, throwing it in the trunk of my car.

I was already driving with marijuana and marijuana... Read more »

Matthew Williams
Matthew Williams answered on Jan 17, 2020

You should hire an attorney. There are several problems with your defense. First, ownership is not the issue. Possession is. Second, just because you're clean also doesn't mean your not guilty of the possession charge. It is illegal to possess these drugs whether you use them or not. Fortunately,... Read more »

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1 Answer | Asked in Criminal Law for Ohio on
Q: If I have a warrant for a probation violation what’s the chances of me getting sent to prison
Dimitrios Makridis
Dimitrios Makridis answered on Jan 14, 2020

You haven't provided enough information to answer this question. You need to hire a criminal defense attorney near you who is familiar with your judges, courtrooms, etc. They will be able to give you an idea of what you are realistically looking at.

1 Answer | Asked in Criminal Law for Ohio on
Q: Am I eligible for expungement/sealed on my record for theft 1st degree misdemeanor?

I have 2 prior convictions in same state of OH which are DUIs and I know can't be sealed. I also have a resisting arrest misdemeanor in state of KY.

Dimitrios Makridis
Dimitrios Makridis answered on Jan 14, 2020

Based on having just those prior convictions on your record, you would be an eligible offender for purposes of expungement for the theft.

1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for Ohio on
Q: Being arrested and held for 19 days without arraignment.... Is this a violation of due process?
Patrick DiChiro
Patrick DiChiro answered on Dec 20, 2019

YES. UNLESS THERE IS SOME OTHER TYPE OF DETAINER ON YOU LIKE A PROBATION VIOLATION HOLD OR PAROLE VIOLATION HOLD.

BEST WISHES,

PAT DICHIRO

1 Answer | Asked in Criminal Law for Ohio on
Q: Is it legal for a Arkansas to extradie some one for a battery charges from. Ohio
Patrick DiChiro
Patrick DiChiro answered on Dec 20, 2019

If they go through the proper process, yes. I find that most states will extradite on Felonies. They most likely will not extradite on a misdemeanors. So if the battery charge is a felony, I feel there is a strong possibility of extradition.

Best Wishes,

Pat DiChiro

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.

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