Felonious Assault is a different degree of offense than a simple assault which is typically a misdemeanor in most jurisdictions. Felonious assault is defined statutorily as an act which causes or attempts to cause serious physical harm by means of a deadly weapon or dangerous ordinance. (... View More

You are not convicted of this offense until you are sentenced. So, what happens in an Intervention In lieu case, in most courts, is that you plead to the offense. You are set for sentencing at a later date. Your case is then stayed until you complete whatever treatment or programs are required of... View More

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answered on Mar 19, 2023

If you were involved in the incident that led to your brother's arrest, there is a possibility that you could be charged as well, depending on the circumstances of the case and the evidence available to the prosecution.

However, if you did not actually commit the assault and did not... View More

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answered on Mar 19, 2023

If you are on pretrial diversion in Kentucky, it is important to abide by the terms of your agreement with the court or probation officer.

Depending on the terms of your pretrial diversion agreement, using marijuana, even for medicinal purposes or in a state where it is legal, may be a... View More

Although I practice in Ohio typically the terms and conditions of pretrial supervision and probation any jurisdiction expressly prohibit the use of drugs and alcohol. You are also many times required to submit to random urine screens while you are under pretrial supervision. A violation of these... View More

Typically a Judge has to feel there is sufficient probable cause to obtain a search warrant. That can be a credible statement or tip from a reliable trustworthy informant that there is criminal activity.

The investigative detective typically executes a sworn affidavit based on independent... View More

It’s been indicted, they aren’t just going to drop it in favor of a civil suit. You’re facing criminal charges with criminal penalties. Probation is certainly possible. It will help a lot if you can pay back the money and it may be your path to avoiding conviction on the criminal charge. You... View More

Felonies do not override lesser charges. There are usually two judges, common pleas and municipal, with two separate sentences for what you were found guilty. Sentences can be run concurrent or consecutive depending on the judge and facts. If the cases are related you have a shot of getting the... View More

A cyber criminal who steals billions and gets caught is facing decades in prison on both a state and federal level. He or she needs to hire an attorney ASAP. As for the money, they will do everything they can to get it back. It will be ordered as restitution, if he is convicted. The government will... View More

Trespassed from? Do you mean Stay Away order? If it’s the latter, yes it is trespassing, as the judges sheet will have a determined amount of distance you must keep from said store. Even if not, once you touch the door you are trespassing

You need to talk to a lawyer in Texas. The rules vary from state to state but the prosecutor may well seek to introduce such evidence as evidence of prior bad acts even if you do not testify and even though the offense is neither recent or serious as convicted. It's evidence rule 404b in Ohio... View More

It seems threatening. But that it to be determined by police or prosecutor. Due to the serious nature of this communication, I would report it to the police. Even if they decide not to pursue it, you will have something on file. Plus, I would print/document/copy the threats. You may be able to... View More

If this is a criminal case, and the crime occurred within the State of Ohio, then venue is appropriate. The fact that there is no injured party does not make a lack of standing. For example, traffic tickets, speeding and the like, there is no injured party. But, there is a violation of the... View More

Yes. This happens all the time. Sometimes one person can afford bail and the other cannot. Sometimes the bail amounts are different because on person has a bad record and the other doesnt, etc.

Yes. Anyone charged with a crime that posts bail will be released regardless of co-defendants ability to post bail.

As long as you weren’t found guilty of domestic violence, you’re good. It has to be a misdemeanor of violation to prevent purchase. If you’re steaming about her charges, I’d hold off on buying a gun.

Treatment is an option, if you qualify, as opposed to jail. It depends on your facts. First, you must plead guilty for the court to sentence you. The court can’t force you into treatment. Discuss your options with your attorney.

This is most likely a scam aimed at trying to scare you into giving them money. That said, while the age of consent in Ohio is 16, an adult who engages in a sexual relationship with a minor is taking big legal risks. First, any pornographic images of the minor are highly illegal child pornography.... View More

Warrants are usually obtained in these situations, yes. But whether they are legally required is a fact specific inquiry because only certain people can assert a legitimate privacy interest in a parcel. If you have been charged with an offense, you should hire an attorney to investigate all the... View More

You could file a civil lawsuit against him instead of pursuing a criminal case. But if you choose to do so, expect the defense to note that you did not pursue criminal charges and argue that shows it wasn't a big deal.