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Ohio Gov & Administrative Law Questions & Answers

1 Answer | Asked in Gov & Administrative Law for Ohio on

Q: Hello. If someone is arrested on two different warrants from the same county but one n juvinile and one n common pleas,

If they're taking n front of the common pleas judge and he sets bond and the clerk and bondsman say that paying the bond will get her released is this possible? Doesn't felony trump the rest

Matthew Williams answered on Jun 11, 2019

As long as bond is posted on both cases, yes.

1 Answer | Asked in Gov & Administrative Law for Ohio on

Q: Can a common pleas judge set bond on a felony case and a juvenile court case in the same county

Matthew Williams answered on Jun 11, 2019

The juvenile court is a division of the court of common pleas. Generally, there are judges dedicated to juvenile and the circumstances in which an adult court judge might set a bond in a juvenile matter are limited but they have the authority to do so.

1 Answer | Asked in Gov & Administrative Law, Contracts and Appeals / Appellate Law for Ohio on

Q: Is there a way to get State of Ohio to review their finding of a teacher’s performance rating?

Bruce Martin Broyles answered on May 31, 2019

The teacher has the administrative right to challenge the performance rating by the terms of the teacher's contract. There are very specific objections or challenges to the performance rating that have to be brought within strict time limits.

Students and parents do not have such a right.

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Health Care Law for Ohio on

Q: I was wondering what type of lawyer I would talk to about inappropriate behavior between a teacher and my daughter.

Not sexual in nature. Just inappropriate conversations about my daughters mental health during and outside of school. They are woman teachers.

Matthew Williams answered on Mar 10, 2019

You should talk to the teacher and the school. That doesn’t sounds legally actionable, at least not yet.

1 Answer | Asked in Gov & Administrative Law for Ohio on

Q: CFR › Title 13 › Chapter I › Part 124 › Subpart A › Section 124.103 thalis is my situation

Matthew Williams answered on Jan 4, 2019

That's a definition section defining "socially disadvantaged persons" as used elsewhere in the CFR. It's just a definition. The section itself doesn't actually do anything, and you have not asked a question.

1 Answer | Asked in Gov & Administrative Law, Personal Injury and Civil Rights for Ohio on

Q: After a state court judgment on a federal 1983 claim can you move complaint to a federal court?

I stupidly filed a section 1983 federal claim in an Ohio state court against persons employed by the state of Ohio. After receiving what can only be described as prejudicial treatment throughout and having appealed to the Ohio Supreme Court who denied jurisdiction I wish to take the claim to the... Read more »

Gary Kollin answered on Jul 9, 2018

It is called res judicata or perhaps collateral estoppel.

No two bites.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Gov & Administrative Law for Ohio on

Q: I was "randomly" selected for proof of insurance on a van i own but havnt driven in five years sent letter with proof of

Insurance on vehicles currently driven after 2 affidavits estimate from certified mech several calls and hearing request they still suspened lisc claiming they didnt get hear request i appealed litigated with attorney gen and then provided a copy of request and cancelled check at which time they... Read more »

Gary Kollin answered on May 27, 2018

You notice there is a limitation of amount of characters. That is so you can write your question without all the extraneous material like "poor boy" and "not to mention many hours of legal work".

I am not trying to be an English teacher, but you have run on sentences, no punctuation, no...
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1 Answer | Asked in Immigration Law and Gov & Administrative Law for Ohio on

Q: Do taxpayers have the right to sue the US Govt. For taxpayer monies spent on illegal immigrants?

Yanky Perelmuter answered on Mar 26, 2018

Technically yes. However, filing a lawsuit requires showing particular injury. This is a hard standard to meet when suing the government in that it is difficult to show that you specifically have suffered a particular and personal injury. Additionally, suing the government requires consent by the... Read more »

2 Answers | Asked in Immigration Law and Gov & Administrative Law for Ohio on

Q: Is it okay to finish filing for the petition without a lawyer? He won't be taken will he?

I'm petitioning for my spouse to stay, I'm in the process of filling out an I-130 form on citizenpath.com. I'm to the part where I have put in that he is an overstay and has never left the country since, we have two children together. His overstay started in 2005, I had gotten pregnant and was... Read more »

Matthew Williams answered on Mar 5, 2018

You really need to work with an attorney on this. That amount of time out of status could become a real problem for you.

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1 Answer | Asked in Family Law and Gov & Administrative Law for Ohio on

Q: If I have a open CPS case but my boyfriend doesn't can he take my children out of state to visit my family without me

I don't mind him doing it because I know I will see my kids again but what about my CPS working. Is it against the law for him to do it. The only reason my case is still open is because I have completed my counceling yet due to no vehicle. However I have complied with everything else. Stayed sober... Read more »

Joseph Jaap answered on Feb 13, 2018

He has no legal basis to have the kids if he has not established paternity and a court has not granted him parental rights. What if they need medical treatment while he travels with them? He does not have custody, so that would be a problem. Check with CPS before allowing him to do that.

1 Answer | Asked in Traffic Tickets, Gov & Administrative Law and Juvenile Law for Ohio on

Q: What are my options?

I got a speeding ticket two days before my 18th birthday for going 50 in a 35. I got a letter stating I have to appear in juvenile court so I will probably get my license suspended, is there anything I can do to keep my license? It wasn't processed until almost a month and a half later

Joseph Jaap answered on May 24, 2017

You can get an attorney to advise you and accompany you to court. Use the Find a Lawyer tab.

1 Answer | Asked in Gov & Administrative Law for Ohio on

Q: How do I find case law regarding county governments exceeding their authority under state statute?

Ohio Revised Code Section 5323.99

Matthew Williams answered on Mar 9, 2017

The best way for a citizen to locate applicable case law is to go to there nearest public law school's library and ask the librarians for help.

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Municipal Law for Ohio on

Q: can a local officer of a village or township be held accountable for perjury to said village/township's governing body

Council member has repeatedly stated she has met and discussed proposals ,plans with local resident ,when in fact no meeting has ever taken place

Matthew Williams answered on Feb 6, 2017

Perjury occurs when a person lies under oath during a court proceeding. Not just when someone lies. Most of the accountability for this sort of stuff is in potential removal from the position by the rest of the council, difficulty getting re-elected, and trouble working with others in the community... Read more »

1 Answer | Asked in Divorce, Family Law, Gov & Administrative Law and Legal Malpractice for Ohio on

Q: I am starting a dissolution or divorce with my with wife. Can her brother who is a lawyer in Florida represent her?

He has not passes the Ohio Bar exam.

Joseph Jaap answered on Jan 13, 2017

He cannot appear in court in Ohio as her attorney or file any documents on her behalf as her attorney. But anyone can give her advice, even him.

1 Answer | Asked in Gov & Administrative Law for Ohio on

Q: Election Law.

If a sheriff does not have the qualifications to run for sheriff and he is not checked out by the Board of Elections and his name is put on the ballot is he a legal sheriff if he wins the election?

Thank You

Matthew Williams answered on Jan 5, 2015

Until the sheriff is actually removed from office, you had better consider him the legal sheriff.

1 Answer | Asked in Gov & Administrative Law for Ohio on

Q: What geographical area within the borders of Ohio would best define the territorial jurisdiction and

authority that permits THE STATE OF OHIO to implement their policies You are right The U.S constitution and THE STATE OF OHIO constitution

is a social contract if you are a lawyer or attorney, any government employees have a contract. You took a oath to U.S and to OHIO constitution. So... Read more »

Matthew Williams answered on Jan 1, 2015

Territorial jurisdiction of what? A court? A law enforcement agency? Which one?

The territorial jurisdiction is the land on which a court or agency has power. For example, the Cuyahoga County Common Pleas court has jurisdiction over Cuyahoga county. Or, the Cleveland Municipal Court has...
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