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Ohio Federal Crimes Questions & Answers
1 Answer | Asked in Criminal Law, Federal Crimes, Civil Litigation and Health Care Law for Ohio on
Q: Can Probation office enforce a (unwritten) requirement mandating disclosure of patient’s therapy records to third party?

Probation Office put in place a new (unwritten) requirement for persons in their programs to have an accountability partner. This requirement involves a process of a third party (another person) previewing/accessing a packet of documents created by a health facility that handles behavioral (group)... View More

James L. Arrasmith
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answered on Jul 21, 2024

No, a probation office cannot enforce an unwritten requirement mandating the disclosure of a patient’s therapy records to a third party without proper legal basis. Therapy records and patient notes are generally protected by HIPAA, which ensures the confidentiality of medical information. The... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: What is the maximum supervised release federally for conspiracy to distri under 100g of heroine. What class conviction

I was a career offender (under 100 g of heroine( conspiracy to distribute) and was given 6 years supervised release on top of my sentence And it was my first time going to prison. Is 6 yrs excessive. Also what class felony is this conviction.(6th cir Northern Ohio.

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answered on Jul 21, 2024

The maximum term of supervised release for a federal conviction of conspiracy to distribute under 100 grams of heroin depends on various factors, including the specific details of your case and your criminal history. Generally, supervised release terms for drug offenses can range from 3 to 5 years,... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Public Benefits for Ohio on
Q: In Ohio if someone receives a section 8 voucher then later is convicted of a felony gun charge will they be terminated?

F3 attempt- revised code 2923.161

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answered on Mar 21, 2024

If you receive a Section 8 voucher in Ohio and later get convicted of a felony gun charge, such as an F3 attempt under Revised Code 2923.161, this may impact your housing assistance. Generally, the Housing Choice Voucher Program (Section 8) has rules that allow for termination of assistance if a... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Family Law for Ohio on
Q: Is is fraud to have wedding ceremony but not get legally married? Marriage could negatively impact debt liability + SSI.

Asking for friends. If a disabled person and a non-disabled person are dating, and want to get married for religious + social reasons, but discover marriage would put the disabled partner over the income limit for SSI, is a non-legal religious ceremony ok? Or is it fraud?

In this case,... View More

James L. Arrasmith
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answered on Feb 25, 2024

Holding a wedding ceremony without completing the legal formalities to become officially married is not, in itself, fraud. Many couples choose to have a religious or ceremonial marriage without the legal recognition for various personal reasons, including financial or medical benefit... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Civil Rights for Ohio on
Q: purchasing a firearm and obtaining a CCW in ohio with a criminal record

I do not have any felonies.

I do have a Domestic violence charge from 6 years ago that was dismissed in court. I looked up the court docket recently to make sure it was dismissed.

I also got a menacing charge that was dropped down to a disorderly conduct charge. i’ve tried... View More

James L. Arrasmith
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answered on Feb 25, 2024

Given your situation, it's essential to understand that firearm laws can vary by state and can be complex, especially concerning individuals with prior criminal records. In Ohio, domestic violence convictions can result in restrictions on firearm ownership, even if the charge was dismissed or... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: How does a forfeiture work after a federal case is dismissed
James L. Arrasmith
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answered on Feb 4, 2024

After a federal case is dismissed, the process for handling forfeiture depends on the specifics of the case and the nature of the forfeiture. If property was seized as part of the investigation or proceedings, its return typically hinges on whether the dismissal of the case removes the legal basis... View More

1 Answer | Asked in Federal Crimes, Health Care Law and Identity Theft for Ohio on
Q: Is filing a terrorist report for illegal use of frequencies normal to not be investigated? Jamming, harassment, etc

FCC website explained jamming, hacking, but didn't include mental and physical harm yet we've experienced that. As well as being denied to file a safety of life interference. Is that normal that our federal agencies do not investigate any of those forms of harassment and never investigate it?

James L. Arrasmith
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answered on Jan 26, 2024

No, it is not normal for federal agencies to ignore or refuse to investigate credible complaints of illegal signal jamming, unauthorized frequency interference, and related harassment issues. There are a few recourses you can still pursue:

1. File an updated, professional complaint directly...
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1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: My friend is in jail for a pv. His attorney is asking for a revocation for community control supervision. What does this
James L. Arrasmith
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answered on Jan 13, 2024

In the context of your friend's situation, a "revocation for community control supervision" typically means that his attorney is requesting a review or hearing regarding the status of his community control or probation. This review is usually initiated when there are concerns about... View More

1 Answer | Asked in Constitutional Law, Federal Crimes and Gov & Administrative Law for Ohio on
Q: Is it legal to purchase, and not use, a fake naturalization certificate? It's only for a short film.

I have a short film in which an immigrant would display her naturalization certificate. I didn't think anything about it until I tried to find a means of attaining one and encountered a number of warnings about it.

I have no intention of using it beyond film and social media character... View More

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answered on Dec 23, 2023

Purchasing a fake naturalization certificate, even for use in a film or for social media purposes, is legally risky and not advisable. Federal law prohibits the production, sale, and possession of fraudulent government documents, including naturalization certificates. This applies regardless of... View More

2 Answers | Asked in Criminal Law and Federal Crimes for Ohio on
Q: Does senate bill 288 make judicial sanctions sentences concurrent to felony sentence?
T. Augustus Claus
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answered on Dec 20, 2023

In Ohio, Senate Bill 288 does not automatically make judicial sanctions sentences concurrent to felony sentences. Senate Bill 288 allows judges to impose "judicial release" sanctions, allowing individuals serving felony sentences to be released early for certain offenses. However, the... View More

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1 Answer | Asked in Criminal Law, Federal Crimes and Social Security for Ohio on
Q: How can a person be indicted for theft of government property from social security when overpayment has been repaid
James L. Arrasmith
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answered on Sep 21, 2023

If a person has repaid an overpayment to Social Security, they should maintain records of the repayment. In some cases, an indictment for theft of government property may be based on misunderstandings or errors in record-keeping. To address such a situation, it's advisable for the individual... View More

1 Answer | Asked in Tax Law, Employment Law and Federal Crimes for Ohio on
Q: My husband’s employer is taxing the refund check for our medical insurance. Is this legal

My husband’s employer told us if we paid for our own insurance health insurance they would give us a refund check for the amount each month so we paid for two months in advance because the insurance company told us to the employer gave us a refund check, but they taxed it. We already paid taxes... View More

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answered on Sep 14, 2023

Taxation on insurance refunds can vary depending on the specific circumstances and applicable tax laws. It's advisable to consult with a tax professional or accountant to review the details of your situation and determine whether the taxation of the refund check is in compliance with relevant... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: My brother is in jail for assault & I was involved but I didn't hit the guy will I be charged too if I come forward?

He's going through trial & the state took over will I get charged if I come forward to tell my side of the story

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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...
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2 Answers | Asked in Criminal Law and Federal Crimes for Ohio on
Q: I'm on pretrial diversion in KY. I don't have any drug charges can I smoke marijuana?
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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...
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2 Answers | Asked in Criminal Law and Federal Crimes for Ohio on
Q: I'm on pretrial diversion in KY. I don't have any drug charges can I smoke marijuana?
Marcus A. Ross
Marcus A. Ross
answered on Mar 19, 2023

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

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1 Answer | Asked in Constitutional Law, Federal Crimes, Land Use & Zoning and Municipal Law for Ohio on
Q: While driving on a public road, THROUGH a school zone, is is illegal to have a loaded firearm on your person in Ohio?

With the passing of Ohio's Constitutional Carry law, as of July 13, 2022 Ohio citizens without a CCW permit can legally carry a loaded firearm on their person while in their vehicle, but not in a school zone. If you live near or drive through a school zone on a public road (where you must slow... View More

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answered on Mar 2, 2023

Ohio law prohibits carrying a firearm in a school safety zone, which includes the area within 1,000 feet of the school grounds. This applies to both open and concealed carry, regardless of whether you have a CCW permit or not.

Therefore, if you are driving through a school safety zone, you...
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2 Answers | Asked in Criminal Law and Federal Crimes for Ohio on
Q: Can one co-defendant be released but not the others?
Roger  Bouchard
Roger Bouchard
answered on Jan 1, 2023

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

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2 Answers | Asked in Criminal Law and Federal Crimes for Ohio on
Q: Can one co-defendant be released but not the others?
Matthew Williams
Matthew Williams
answered on Jan 1, 2023

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.

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1 Answer | Asked in Federal Crimes and Criminal Law for Ohio on
Q: If gps is placed in a package where police do a controlled delivery, do they need to get a warrant to use that tracker
Matthew Williams
Matthew Williams
answered on Nov 17, 2022

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

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

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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

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