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Ohio Criminal Law Questions & Answers
1 Answer | Asked in Domestic Violence, Libel & Slander, Criminal Law and Family Law for Ohio on
Q: In ohio, As a victim of a Aggravated menacing. What do I need to bring and expect in court?
Andrew Popp
Andrew Popp answered on Apr 7, 2021

This depends on what is happening in Court. Is the hearing an arraignment, pretrial, evidentiary hearing, deposition, trial? You can always contact the victim's advocate at the courthouse and they can go through general information with you.

Best of luck.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Ohio on
Q: have a property rental. Lease was signed 9 years ago. Has been great at paying rent on time.Property is dump now!

renter owes 4 months rent now. Cannot get answer on phone or leave message. No answer at door.

Joseph Jaap
Joseph Jaap answered on Mar 30, 2021

The lease probably has expired and tenant is now month to month. To get tenant out legally, you'll need to follow a proper eviction process. Deliver a 30 day written termination notice today or tomorrow to the premises terminating the lease on April 30. Keep a copy of the written notice.... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Ohio on
Q: Is this an unlawful arrest? There was a search warrant for an address and description of the property no people named

The cops pulled over a vehicle that had no ties to us or the address on search warrant, detained us, then brought us to the address and had us cuffed in back of police cruisers while they ran into search the house of the address then charged us with possession and trafficking from substances found... Read more »

Matthew Williams
Matthew Williams answered on Mar 29, 2021

You leaving out some key information. Like, for example, who the house belongs to? Was there any reason to stop the vehicle in question? At the end of the day, you need to get an attorney to look at the situation. It sounds fishy, but there's information missing.

1 Answer | Asked in Criminal Law for Ohio on
Q: My brother is in prison set to get released this year and i am a little confused because he got 15 yrs + 5 rvo.
Matthew Williams
Matthew Williams answered on Mar 29, 2021

We really need some more information to even know what it is you are asking.

1 Answer | Asked in Criminal Law for Ohio on
Q: If indicted on a felony case is it possible to be offered a deal where they drop it to a misdemeanor on a f5
Matthew Williams
Matthew Williams answered on Mar 22, 2021

It's certainly possible. Will it happen in your case is the more important question and the answer there depends on the facts and the prosecutor and judge involved.

1 Answer | Asked in Criminal Law for Ohio on
Q: will a Mis assault amended to m4 dis ord conduct prevent gun ownership in Ohio

I was in a fight in 2012 and we both were ticketed with assault. In court we were both "amended" to m4 dis orderly conduct. Will this prevent me from passing a background check to buy a gun? Can I get it expunged if so?

Matthew Williams
Matthew Williams answered on Mar 22, 2021

It will not prevent you from getting a gun, but is likely to be an issue for a ccw. You can and should get it sealed.

1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: Is it illegal to remove the doors of a bathroom stall? Thank you.
Matthew Williams
Matthew Williams answered on Mar 18, 2021

In what context? With someone in there, yeah. To install a toilet, no.

1 Answer | Asked in Domestic Violence and Criminal Law for Ohio on
Q: Can I be forced to testify in domestic violence case?

I'm the victim (ohio) in the case. I asked to press charges but I no longer want to participate in the trial. The pre trial is next month. Can I refuse to testify in the state of ohio?

Cathy Cook Esq
Cathy Cook Esq answered on Mar 15, 2021

You need to obtain advice from a criminal defense attorney. If you gave a statement to the police alleging domestic violence and now refute that claim, you could be charged with a crime yourself.

1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: I did get a payday loan and was not able to pay it, is that fraud?
Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 12, 2021

No.

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Ohio on
Q: What is the max penalty for 2925.141c in ohio Marijuana paraphernalia possession
Matthew Williams
Matthew Williams answered on Mar 9, 2021

It's a minor misdemeanor, $150 fine and court costs, but the court also can suspend your driver's license.

1 Answer | Asked in Criminal Law for Ohio on
Q: Will having a defense attorney present at the investigation discourage prosecutors from building a case?

Iam the target suspect in a burglary investigation. I have not been contacted by authorities and no charges have been filed as of yet. Are there advantages If I hire a defense attorney before the investigation is over and they press charges? Can a defense attorney play a role in the pre fillings... Read more »

Matthew Williams
Matthew Williams answered on Mar 6, 2021

Hiring an attorney as early as possible is generally beneficial. It can help keep you from making mistakes like talking to the police, and the attorney can often influence detectives and prosecutors decisions.

1 Answer | Asked in Criminal Law for Ohio on
Q: If I go to Cali and skip court for an f4 assault on peace officer can I get extradited?
Matthew Williams
Matthew Williams answered on Mar 5, 2021

Yes, and worse, you can be arrested and held only to be released when the other jurisdiction decides not to pay for transport, and then arrested and held only to be released when the other jurisdiction decides not to pay for transport, again and again.

1 Answer | Asked in Criminal Law for Ohio on
Q: I have a plea deal for disorderly conduct 2917.11 4 yrs ago. Can I own a gun?

It was from a domestic violence but it was also all a lie. But was scared into taking this plea due to my “inexperience” of dealing with the court and could not afford an attorney at the time. I have got a gun since and vary soon after and passed the background check.

Matthew Williams
Matthew Williams answered on Mar 3, 2021

A disorderly conduct conviction does not bar you from owning or possessing firearms.

1 Answer | Asked in Criminal Law for Ohio on
Q: I am trying to get my gun rights reinstated. Is that something you guys could help with?

Got All 3 felonies same time. Haven't been in trouble sense. Would love to just be able to go hunting again. I've really missed out on a lot because of chosing to do something so stupid so long ago.

Matthew Williams
Matthew Williams answered on Mar 2, 2021

There is an application process you can follow. I suggest hiring an attorney. I've had success doing this for several people with old felony convictions, some quite violent.

1 Answer | Asked in Criminal Law, Divorce and Domestic Violence for Ohio on
Q: My question is about expungement

I was charged with M4 DV in 2019. I pled to MM Dis. Conduct and I recently applied to have my record expunged. Here is my concern: in 2008 I was charged with M1 DV and I pled to M4 DV. I got that record expunged. I'm now concerned that when looking this up, they could decide that I should... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Mar 1, 2021

No, once you plead & are convicted, the case can’t be reopened.

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Ohio on
Q: i am a highschool student who is trying to better understand the McClesky v. Kemp case that i was given by my tea

how did they come to the conclusion of the death penalty? And if a man can get the death penalty by killing a police officer while resisting lawful arrest bc they were involved in an armed robbery, then why don't serial killers get sentenced to death as well?

Matthew Williams
Matthew Williams answered on Feb 25, 2021

In order to impose death as a penalty, juries are typically called upon to consider aggravating factors--things that made the crime worse--and mitigating factors--things that made it better--as compared to similar offenses. These come in two basic varieties: (1) facts from the offense itself, and... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: my ex girlfriend lied to the police and made several falsifications she's being charged with from that police department

She plead not guilty will she get charged with anything?

Matthew Williams
Matthew Williams answered on Feb 25, 2021

She already has already been charged, it appears. She really ought to be working with a lawyer.

1 Answer | Asked in Criminal Law and Legal Malpractice for Ohio on
Q: If a person retains a lawyer for someone else, are THEY his client? Or is the Defendant his client? Who holds a-c priv?

My husband's mother retained a lawyer to represent him. We have asked the attorney repeatedly not to give details of the case to his mother. This lawyer has shared INTIMATE details of his case with his mother, even going so far as to show her the bodycam footage of the incident! He insists... Read more »

Matthew Williams
Matthew Williams answered on Feb 16, 2021

Your husband has a attorney client privilege. Revealing information to his mother without his consent is a violation of that privilege. See Ohio Rules of Professional Conduct 1.6 and 1.8(f). Your husband, not you, not his mother, has the rights of the client which include the right to fire his... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Ohio on
Q: want to get an ohio medical marijuana card but I'm on probation, I saw it's legal for me to get but my P.O won't let me.

Is it legal for me to get the medical card and is my p.o aloud to stop me from getting it if so?

Matthew Williams
Matthew Williams answered on Feb 4, 2021

You can get a medical card, but it's only Ohio law. Marijuana is still illegal under federal law, card or no. Your PO can require that you obey ALL laws, and they usually do. That means no marijuana use.

1 Answer | Asked in Criminal Law and Identity Theft for Ohio on
Q: I discovered I have warrant for my arrest. This was absolutely not me. My brother stole my identity and the report shows

He used my social security number and got away with letting me get a M1 theft charge. When I found out I immediately called the sheriff department. They read to me part of the Incident report which proved it wasn't brother. It was stated he was driving his girlfriend's car(which is how I... Read more »

Dimitrios Makridis
Dimitrios Makridis answered on Jan 25, 2021

You need to hire an experienced criminal defense attorney to represent you.

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