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Ohio Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Ohio on
Q: Can I be charged with driving with out consent even though I was arrested and let go because mom didn't want to press?

My parents file a sheriffs report in Perry County that I had their car to long. I was pulled over and arrested the next day in Franklin County and upon arrest I was released because my parents ultimately just wanted there car back and didn't want to press charges. Well 4 days later a Perry... View More

Matthew Williams
Matthew Williams
answered on Oct 26, 2022

Police are not required to charge you immediately following a situation. There are limitations periods by statute: 6 months to charge a minor misdemeanor, 2 years for a misdemeanor, 6 months for a general felony, etc. As with the situation you described, there are often questions as to whether or... View More

1 Answer | Asked in Criminal Law, Family Law, Education Law and Juvenile Law for Ohio on
Q: Daughter turned 18 sept 30th ran away has missed school every day except 3 days school is kicking her out police won't

Help me with her because she's "18" she's not taking any of her depression meds birth control or anything she's doing drugs and drinking every day with this boyfriend 16 yes old police won't help me school is pressuring me I've told them she ran away but they said... View More

Joseph Jaap
Joseph Jaap
answered on Oct 25, 2022

At 18, she is considered an independent adult, and she can make her own decisions free from parental control. You could file with the probate court to obtain guardianship of her -- if there is a doctor diagnosis that she might be a danger to herself or for other medical or psychological reasons.... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: What can be done for a person who has been incarcerated for 30 years in a case with ineffective counsel, over sentencing

Transcripts have been destroyed.

Matthew Williams
Matthew Williams
answered on Oct 24, 2022

Appellate Rule 26(B) allows for the reopening of an appeal based upon a claim of ineffective counsel. A clemency application is another option.

1 Answer | Asked in Criminal Law and Municipal Law for Ohio on
Q: How can I go about getting a local bar shut down due to criminal activity? Multiple shootings happen at this bar.

The bar is in my neighborhood and I am sick of the crime it brings.

Nicholas P. Weiss
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answered on Oct 19, 2022

In some limited cases, you can bring a claim for nuisance against the bar and seek to enjoin it from operating. This is typically done by the municipality, sometimes by a community development clinic or other non-profit, and very infrequently done by private individuals.

While you certainly...
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1 Answer | Asked in Criminal Law for Ohio on
Q: Are there any criminal defense attorneys who will do a free in person consultation?

My lines of communication are compromised and the only guy I spoke with who would do an in person consultation wanted $500 up front which seems like a sweet deal for him. Pay him before I even know if he can help with my case...

Linda  Malek
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answered on May 1, 2024

Hello- As long as the case is a criminal case in our jurisdiction and on a subject matter that we handle, we are happy to do an in person consultation, but we just need to know that basic information to make sure we can handle the case, if need be. We do not charge for the consultation.

1 Answer | Asked in Criminal Law and Family Law for Ohio on
Q: Hi. So my son was given a tablet but his grandmother. Thus tablet was set up with his grandmother's email. I went throug

Thus tablet to ensure it was safe for him and her email had come up. I looked through it. I later deleted her account from the tablet. Is it a crime to do so?

Todd B. Kotler
Todd B. Kotler
answered on Apr 1, 2024

It is not a crime assuming your son is a minor and the e-mail account itself was not deleted in its entirety.

1 Answer | Asked in Criminal Law for Ohio on
Q: Hi there... I got caught shoplifting at giant eagle and the theft loss and prevention guy stopped me.

He stated I needed to come back inside, I just left the cart and went to my vehicle and left. He took a picture of the license plate but it isn't my vehicle. I don't want them to get in trouble. Will the cops be showing up at their house? Please help

Linda  Malek
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answered on Mar 25, 2024

Hello. If the police got a good picture to capture the license plate, then I believe the person that owns that car will be getting a visit from local law enforcement. If you need an attorney please feel free to call Attorney Linda Malek (330)819-8018 or Attorney Chris Vogt (330) 703-6467.

1 Answer | Asked in Criminal Law for Ohio on
Q: I live in ohio and the graffiti charge online says it’s a felony. some say it’s a misdemeanor, Let’s say someone was

under a bridge and was doing graffiti on a wall that has 100s of layers of graffiti and every wall has graffiti under it what would the charge be for getting caught?

Marcus A. Ross
Marcus A. Ross
answered on Mar 17, 2024

In Ohio statutorily vandalism is a felony of the 5th degree and criminal damaging is a 2nd degree misdemeanor. Based on the facts and circumstances of the alleged conduct the charge may be classified as a felony or misdemeanor in terms of the degree of the offense.

1 Answer | Asked in Criminal Law for Ohio on
Q: My daughter is 14 and has been charged with first degree assault does she need an attorney?
Linda  Malek
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answered on Mar 11, 2024

Hello. Yes, she does need an attorney. An M1 Assault carries with it a potential penalty of up to 180 days in jail and a fine. Anytime there is a potential of jail time then it’s wise to obtain counsel.

1 Answer | Asked in Criminal Law for Ohio on
Q: Hello, I'm trying to represent myself as a pro per litigant in a case for CPO violation and sending bill for damages.

All of the evidence is nothing more then hearsay evidence theirs nothing they can stand on with this. I lost valuable time raising my kids because my ex wife has a lot more darker skeletons in her closet and she's not wanting them to get out.

Nicholas P. Weiss
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answered on Feb 14, 2024

Do not attempt to do this yourself. You will lose. Hire local counsel.

1 Answer | Asked in Criminal Law for Ohio on
Q: If someone being charged with a felony 5, will they be sent to jail on theur summons to appear date?

The person was arrested and released in march. Was told the court had 6 months to prove their case and the individual hasnt heard anything until almost 10 months later.

Patrick DiChiro
Patrick DiChiro
answered on Dec 27, 2023

On your summons date, you will appear and a bond will be set. So, as long as you are able to post a bond, you will not be arrested.

Best wishes,

Pat DiChiro

1 Answer | Asked in Civil Litigation, Juvenile Law, Criminal Law and Family Law for Ohio on
Q: I was in Lake county Ohio jail and I had a juvenile court date set for months. I notified the jail and so did my public

Defender did too and I was never taken to court. My 6 month extension wasn't granted and they gave custody to grandparents.

Todd B. Kotler
Todd B. Kotler
answered on Dec 12, 2023

I am not sure what the exact question is, but based on these facts (which do not state when this occurred) I would have the public defender (if he represents in the Juvenile action), file a notice of appeal and get counsel appointed to file an appeal. You will want an attorney to navigate the... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Can marshals get involved if I have not had my judicial proceedings?

I have felony charge I was accused of....the cops put open warrant on me after talking to alleged victim...since I havent been arraigned or been to court at all, are marshals legally able to investigate and look for me?...or would i have to violate judge order to not leave the state before marshals... View More

Patrick DiChiro
Patrick DiChiro
answered on Nov 24, 2023

If there is an active warrant, the Marshall's could be looking for you. They will not stop until you show up to court.

Best wishes,

Patrick DiChiro

1 Answer | Asked in Criminal Law for Ohio on
Q: My ex friends emotionally manipulated me into sending them money. chief said I can be liable if I keep posting online

I met two friends online a couple of years ago. I told them that I have special needs and don't understand social cues or skills. Last year, they started asking me for money via cashapp, and venmo and I sent them it. They would send me sad photos of themselves, or keep saying please when I... View More

Nicholas P. Weiss
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answered on Nov 22, 2023

There is a lot here. I'm going to answer your question about defamation only. Truth is an absolute defense to defamation. If what you are posting is substantially true, then you cannot be held liable for defamation.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Ohio on
Q: In Ohio, my stepson's parole officer has agreed to his medicinal card, but says he's only permitted to use gummies, why?

Gummies or smoking medicinal marijuana, sold at dispenseries, has the same THC amount.

Nicholas P. Weiss
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answered on Nov 21, 2023

Under Ohio's medical marijuana statute, medical marijuana may not be smoked. It may be consumed in many other ways, but not smoking.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Ohio on
Q: I am my son's POA. Can I file a sentence appeal with the Ohio Forth District Court of Appeals for him? If so, how?
Nicholas P. Weiss
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answered on Nov 16, 2023

No. A power of attorney does not empower you to represent him in a court of law, which would include the filing of an appeal.

1 Answer | Asked in Criminal Law and DUI / DWI for Ohio on
Q: What if you are sent to the wrong county, for which the offense occurred?

I was pulled over for minor traffic offenses and charged with a ovi. It happened in a town with multiple countys. The cop put the wrong county on my ticket and then the mayors court judge asked me what county it was in so I said what's on the ticket, knowing it was definitely the other county.

Roger  Bouchard
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Roger Bouchard
answered on Nov 11, 2023

Retain an attorney and have them try to have it dismissed. They have to prove you were in the County on the ticket when you received the DUI. They are not able to if you are correct.

Good luck!

1 Answer | Asked in Criminal Law for Ohio on
Q: My daughter died 6 years ago , she was being taken from jail from court in a suv driven by probation officer ,

She also had 2 other probation officers in car

She was handcuffed , seat belted in and managed to jump from car on way to jail . She was lifeflighted from scene and pronounced brain dead after waiting to hear from lawyers I hired I had I contacted they said they could not take case ,... View More

Linda  Malek
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answered on Oct 20, 2023

I am so sorry that you lost your daughter. What a terrible story. Unfortunately, there is a 2 year statute of limitations according to my colleague regarding these types of cases. You are unable to file the lawsuit because of this. Again, I am so sorry to hear this.

1 Answer | Asked in Criminal Law and Municipal Law for Ohio on
Q: I had an arragiment hearing and I had to reschedule due to covid i was still positive today and the courts issued a warr

Issued a warrant for my arrest even though I am still testing positive today and I've been calling all morning to try and contact someone to alert. But they returned my call and said they can't reschedule it again due to covid even though I'm still testing positive

Linda  Malek
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answered on Oct 10, 2023

Were you able to show/send proof from the test that you are positive? I can’t believe that with proof sent to the court that they would put themselves and others in jeopardy. I would hire a lawyer and give them the proof that you actually did have covid and have the lawyer draft a legal motion... View More

1 Answer | Asked in Criminal Law and Family Law for Ohio on
Q: Can you press charges on someone who is holding someone against their will without getting the person being held arrestd

My son is being threatened by wife if he leaves. He is not suppose to be around her

Todd B. Kotler
Todd B. Kotler
answered on Sep 29, 2023

I am not certain that this question has enough information. It is not clear as to who is going to press charges and against whom. How is this person being held "against their will"? How is he "son is being threatened by wife"?

If she is threatening violence it is...
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