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Ohio Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Ohio on
Q: I have felonies that have been dismissed. How do I go about getting them expunged?
T. Augustus Claus
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answered on Dec 14, 2023

To expunge dismissed felonies in Ohio, start by checking eligibility criteria and ensuring you've completed the waiting period, typically one year from dismissal. Obtain court records of the case, fill out an expungement application, and file it with the court, paying any applicable fees.... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Ohio on
Q: What are the gun law requirements in Ohio when carrying in a vehicle for non CHL holders?
T. Augustus Claus
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answered on Dec 4, 2023

In Ohio, non-CHL holders can carry a loaded handgun in their vehicle but it must be unloaded and placed in a locked container or a compartment that is out of the immediate reach of the driver or any occupant of the vehicle.

Here are some additional details about Ohio's gun laws for...
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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Municipal Law for Ohio on
Q: Can two people legally fist fight if they both consent
James L. Arrasmith
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answered on Dec 2, 2023

In Ohio, as in many states, consenting to a physical fight does not necessarily make it legal. Even if both parties agree to a fist fight, it can still be considered a breach of the peace or a violation of public order laws.

The legal system generally discourages acts of violence,...
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2 Answers | Asked in Criminal Law and Internet Law for Ohio on
Q: Is it okay to contact the police officer for an update on my case I'm a suspect in?

My apartment was raided and electronics seized on 7/6/2022 under a search warrant under Ohio revised code 2913.04

James L. Arrasmith
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answered on Nov 27, 2023

If your apartment was raided and your electronics were seized under a search warrant, it's understandable that you would want updates on your case. However, contacting the police officer directly may not be the best approach, especially if you are a suspect in the case. Police officers are... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Ohio on
Q: Menacing by Stalking a minor child and her family for months

My family and I have been stalked by a 47yr old man who is after our 16yr old daughter, this has been going on now since October of 2024, our first Civil Stalking Protection Order was dismissed due to me not showing enough evidence of emotional distress. This man has gone extreme lengths to get to... View More

James L. Arrasmith
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answered on Feb 9, 2025

This situation is deeply concerning, and your family’s safety must be the top priority. If this man is continuing to stalk and harass your daughter, you should immediately report every incident to law enforcement. Keep a detailed record of his actions, including dates, times, locations, and any... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Ohio on
Q: Menacing by Stalking a minor child and her family for months

My family and I have been stalked by a 47yr old man who is after our 16yr old daughter, this has been going on now since October of 2024, our first Civil Stalking Protection Order was dismissed due to me not showing enough evidence of emotional distress. This man has gone extreme lengths to get to... View More

James L. Arrasmith
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answered on Feb 9, 2025

This situation is deeply concerning, and your family’s safety must be the top priority. If this man is continuing to stalk and harass your daughter, you should immediately report every incident to law enforcement. Keep a detailed record of his actions, including dates, times, locations, and any... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Ohio on
Q: Can I press theft charges on police duties if they're a clear overreach?

I've asked this once or twice, got no answer. But here we go, the short version. Pulled over for a traffic stop. Was wrongfully arrested on old warrant. Officers seized the car, my laptop, phone, bunch of electronics, wallet -- everything, under the guise of "Criminal Tools". There... View More

James L. Arrasmith
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answered on Feb 2, 2025

That sounds like a serious case of overreach and potential misconduct. If the police seized your belongings without a valid reason and then sold your car without proper legal justification, you may have grounds for legal action. Wrongful seizure and the lack of due process could violate your... View More

1 Answer | Asked in Criminal Law, Civil Rights, Libel & Slander and Sexual Harassment for Ohio on
Q: I am seeking legal assistance for a serious issue involving the non-consensual sharing and threats to distribute photos

I recently sent a private photo to someone I trusted, and they shared it with another individual who is now threatening to post it publicly. This situation has caused me significant emotional distress, and I would like to take legal action against those involved under Ohio’s laws regarding... View More

James L. Arrasmith
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answered on Jan 18, 2025

I understand how distressing and violating this situation must be for you, and I want you to know that you have legal options available in Ohio. You're taking the right steps by preserving evidence of the threats and communications.

Ohio law specifically criminalizes the non-consensual...
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1 Answer | Asked in Criminal Law for Ohio on
Q: Is it legal to have a AIRSOFT glock switch?
Linda  Malek
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answered on Dec 15, 2024

Hello. The piece of plastic is completely legal until you attach to a firearm, in which case you would be committing a crime and a potential mandatory 6 year specification.

1 Answer | Asked in Criminal Law for Ohio on
Q: After serving time in Middletown Ohio for contempt of court I was given no time aserved

Additionally I was also paying off my Butler County fines and my reinstatement fines to get my license back in Middletown comes out of nowhere with 177 because they put a warrant block on my license 6 years later just this year how is that fair I don't think it's right and please help

Robert F. Healey Jr.
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Robert F. Healey Jr.
answered on Nov 18, 2024

More information is needed. I would be happy to consult with you about this matter in more detail if you would like to contact my office.

1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: If you fail to return a rental on time, but they don't press charges, can the state "pick it up"?

I had failed to return a rental on time. Had a traffic incident, car was removed from my possession and given back to the company. (The police kept everything in the car too, refused to give to me, and shipped it off. The shop owner it was first taken to stole everything out of my car as well.... View More

James L. Arrasmith
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answered on Oct 17, 2024

Yes, the state can still pursue charges even if the rental company doesn't press them. When a crime involves potential violations of state laws, the government can decide to prosecute on behalf of the public, regardless of the victim’s wishes. In your case, unauthorized use of a motor... View More

1 Answer | Asked in Criminal Law, Civil Rights and Health Care Law for Ohio on
Q: If someone is being charged with a crime while in the hospital are they allowed a phone call and/or visits?

A family member was injured in a shooting and taken to the hospital. We weren’t allowed to see him the first 3 days he was there. 2 days after we were permitted to see him an officer came in, announced he was being charged, cuffed him to the bed, asked everyone to leave and take everything that... View More

James L. Arrasmith
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answered on Oct 16, 2024

I'm sorry you're going through this difficult time. Typically, individuals who are charged with a crime while in the hospital retain the right to make phone calls, especially to legal counsel and family members. Hospital policies may allow visits, but security measures can sometimes... View More

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Ohio on
Q: What to do when a grandparent that has no court order or rights is stalking my child and making them feel unsafe?

She has already shown up at my house at random times demanding to see my kids. Has made false accusations and called the police on me. I have full custody and need some advice. I tried to get a protection order but was told I didn’t have enough evidence at that time.

Nicholas P. Weiss
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answered on Sep 17, 2024

When she shows up call the police as she is trespassing.

1 Answer | Asked in Criminal Law, Real Estate Law, Constitutional Law and Landlord - Tenant for Ohio on
Q: Can a halfway house keep me from going to a home that I own.

I am trying to go home on an ankle monitor, my brother lives in my home and he has pending charges so they said I can not go there on an ankle monitor and I can not go there at all while he resides in my home. So I made plans to go stay at a friend's house. I then asked the halfway house if... View More

James L. Arrasmith
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answered on Sep 8, 2024

You have the right to ask for clarification and challenge the decision if you believe it's unreasonable or not based on actual regulations. If the halfway house is saying you can't go to your own home due to your brother's pending charges, they may be following a policy aimed at... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for Ohio on
Q: Police pulled me over stating they didn't see my temp tag which was legally in the back window but they ran dog after

They admitted as soon as got to car tag was there and legal but then ran the dog shouldn't that have been end of stop right there case they started fishing and also admitted to targeting me for allegations that were given in past that were not ever found to be true

James L. Arrasmith
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answered on Sep 7, 2024

When the police pull you over and immediately acknowledge that your temporary tag is legal and properly displayed, the reason for the stop should be resolved. At that point, the continued detention and use of a drug-sniffing dog could be seen as extending the stop without reasonable suspicion of a... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: What are the waiting periods for expungement in Ohio for minor misdemeanor?

It was charges as a misdemeanor, but convicted as minor misdemeanor. I was told 6 months since conviction was minor misdemeanor, then was told 1 year, so I am unsure which is correct?

Tad K. Brittingham
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answered on Sep 5, 2024

The waiting period for expungement of a minor misdemeanor conviction is 6 months per ORC 2953.32(B)(1)(a)(v) .

1 Answer | Asked in Criminal Law, Federal Crimes and Civil Rights for Ohio on
Q: How can a probationer have the same probation officer?

If a person was on probation for a municipal case and their probation revocation is being appealed currently and one of the issues raised in the appeal are of the probation officers actions. The probationer also had a common pleas case with the same jurisdiction and was currently sentenced to... View More

James L. Arrasmith
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answered on Aug 31, 2024

It is understandable to be concerned about having the same probation officer when there are pending issues related to their conduct in a previous case. The assignment of the same officer can create a situation where you feel there might be bias or unfair treatment, especially if their actions are a... View More

1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: I was charged with possession of cocaine even though it was not in my possession or near me

The owner of the car said it was mine how can I be charged . It says in the report I was in possession of it

James L. Arrasmith
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answered on Aug 31, 2024

Being charged with possession of cocaine even when it wasn't physically on you can be frustrating and confusing. In these situations, the law often considers "constructive possession," which means you could be charged if the drugs were in a location you had control over, like a car... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Ohio on
Q: Son went to prison in 2016. Judge said he wouldn’t have to register. But was forced to register. Advice on transcripts?

How can I get transcripts from the court to fix my son’s situation? Part of the deal was for my son not to have to register so we didn’t worry about it. 6 years later he comes home and was forced to register. I need the transcripts from the hearing in the court room where my son was sentenced... View More

James L. Arrasmith
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answered on Aug 5, 2024

To obtain the transcripts from your son’s court hearing, start by identifying the court where the sentencing took place. You can usually find this information on any paperwork related to his case. Once you know the court, visit their website or contact the clerk's office directly for... View More

1 Answer | Asked in Criminal Law, Tax Law, Federal Crimes and Gov & Administrative Law for Ohio on
Q: Non profit organization's purpose according to their website is to house homeless families and their children.

As well as to help reduce family homelessness. Their website is where organizations and public can donate, but they also receive state funding through grants. The issue is the shelter is mainly housed of single individuals not families, there is no where stating they house and provide funding for... View More

James L. Arrasmith
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answered on Jul 30, 2024

It sounds like the organization is not fulfilling its stated mission to house homeless families and their children, which could be a misuse of the state funding and donations they receive. This situation might be illegal, particularly if they are misrepresenting their services to obtain funds. You... View More

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