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Ohio Municipal Law Questions & Answers
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... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
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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1 Answer | Asked in Criminal Law and Municipal Law for Ohio on
Q: Felonies over ride Misdemeanors is that true in Ohio I had a charge out of mayor's court but went to prison on a felony

Is that mayor's court charge still active

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Feb 1, 2023

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... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets, Federal Crimes and Municipal Law for Ohio on
Q: My son had a case which ended up getting dismissed. Now, 2yrs later they have indicted him for it. (F4 handling firearm)

They issued a warrant but told him over the phone he just needs to come to the court to receive the indictment and set a court date and he won't be arrested at that time, is this true or a trick? Also, what should he do concerning going forward with the charge/indictment? The case was closed,... Read more »

Matthew Williams
Matthew Williams
answered on Nov 10, 2022

Your son should hire a local defense attorney and follow his or her advice. The statute of limitations on a felony charge is 6 years so while 2 seems like a long time, it is far from being precluded.

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
Nicholas P. Weiss
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 Collections, Municipal Law and Small Claims for Ohio on
Q: Flying a drone, gets stuck on top of commercial building, property manager has to pay get it down, do I have to repay?

I got the drone back, said he may have to charge me because his crew may charge him, I may not be properly licensed but was not near any controlled air space.

Tim Akpinar
Tim Akpinar
answered on Sep 10, 2022

An Ohio attorney could advise best, but your question remains open for two weeks. Until you're able to discuss with a local attorney, nationwide such a situation would usually be on the drone operator. If the crew is regularly up there to check equipment or perform maintenance, they could... Read more »

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Municipal Law for Ohio on
Q: i am on probation in Cleveland muni court and Cuyahoga common pleas. common pleas has the longest possible sentence.

i am on probation in Cleveland muni court and Cuyahoga common pleas. common pleas has the longest possible sentence.

Under ORC Section 2951.022 | Supervision of concurrent supervision offender. It says that the court that has imposed the longest possible sentence has jurisdiction.... Read more »

Matthew Williams
Matthew Williams
answered on Apr 26, 2022

It’s not automatic, especially since the statute authorizes the judges to change the concurrent supervision rules more or less as they see fit. I would start with a conversation with the two probation officers before going to the court.

1 Answer | Asked in Family Law, Child Custody and Municipal Law for Ohio on
Q: My mother filed for custody of my daughter in Ohio. What will happen if I don't go to any of the hearings?
Joseph Jaap
Joseph Jaap
answered on Sep 1, 2020

If you don't attend the hearing, the judge will conclude you don't care, and so your mother will likely get custody.

1 Answer | Asked in Criminal Law, Domestic Violence and Municipal Law for Ohio on
Q: What if the family of the defendant is intimidating the victim and the defendant doesn’t even know they are doing it?
Matthew Williams
Matthew Williams
answered on Mar 5, 2020

They could be charged with intimidating a witness. It’s likely the defendant would get charged as well. Police and prosecutors will assume he is orchestrating this. Visits and calls should be documented to show that isn’t the case if it isn’t.

1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for Ohio on
Q: Being arrested and held for 19 days without arraignment.... Is this a violation of due process?
Patrick DiChiro
Patrick DiChiro
answered on Dec 20, 2019

YES. UNLESS THERE IS SOME OTHER TYPE OF DETAINER ON YOU LIKE A PROBATION VIOLATION HOLD OR PAROLE VIOLATION HOLD.

BEST WISHES,

PAT DICHIRO

1 Answer | Asked in Family Law, Collections and Municipal Law for Ohio on
Q: Everything I get when I’m a minor can I take when I move out at 18.

I’m still in high school and I live with my mother

Joseph Jaap
Joseph Jaap
answered on Dec 10, 2019

Sure. Take what is "yours." And if you take something that is not "yours," or she claims is not "yours," she could file a police report for theft. Not a good way to start out being an adult when you turn 18. Can you prove those items are "yours." Do you... Read more »

1 Answer | Asked in Criminal Law, Admiralty / Maritime and Municipal Law for Ohio on
Q: What if the defendant enters written bond into the case before the plaintiff can is that a dishonor?
Tim Akpinar
Tim Akpinar
answered on Sep 30, 2019

Based on the limited facts, any admiralty/maritime issues involved were not clear.

Tim Akpinar

1 Answer | Asked in Criminal Law and Municipal Law for Ohio on
Q: i had my boyfriend arrested for DV and this is his 6th one what would happen

and how long would he have

Matthew Williams
Matthew Williams
answered on Aug 28, 2019

He would probably go to prison. How long depends on how it’s charged, what evidence there is, and who the judge is.

1 Answer | Asked in Traffic Tickets, Land Use & Zoning and Municipal Law for Ohio on
Q: Can an officer pull into a private parking lot and then begin to tail you

I'm was sitting at a wendys in the town I live in in ohio which has a private parking lot chatting with an friend while chatting with her I notice a police cruiser a block down road on the opposite side of 5 laned road at stop sign he then pulled onto the road and into the wendys as she went I... Read more »

Matthew Williams
Matthew Williams
answered on Jun 28, 2019

He can follow you sure. Did you signal the turn into the gas station? If not, then he’s got you.

2 Answers | Asked in Criminal Law, Traffic Tickets, Domestic Violence and Municipal Law for Ohio on
Q: What kind of charges and or jail time and fees is he looking at?

My boyfriend/father of my child was pulled over earlier by a state trooper here in Ohio. He is on probation until August of this year for Domestic violence and unlawful restraint. He got a ticket for no seatbelt and driving under suspension. He also does not have car insurance which they will find... Read more »

Matthew Williams
Matthew Williams
answered on Mar 2, 2019

Well, eventually they will put him in prison. After all what’s there really to expect?

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1 Answer | Asked in Criminal Law and Municipal Law for Ohio on
Q: I'm trying to find help I have assult with intent to commit sexual abuse 33 year old female
Matthew Williams
Matthew Williams
answered on Jan 4, 2019

You need to hire an attorney. You should not be discussing this in an online forum.

1 Answer | Asked in Criminal Law and Municipal Law for Ohio on
Q: Can you be charged 2 times for the same citation once in Mayors Court and second in County Municipal Court in Ohio
Matthew Williams
Matthew Williams
answered on Oct 11, 2018

Not exactly. If you plead not guilty in Mayor's Court, your case gets transferred to Municipal Court, which may seem like getting charged twice. You may owe court costs in both courts which is getting charged (money charged not traffic or criminally charged) twice.

1 Answer | Asked in Land Use & Zoning and Municipal Law for Ohio on
Q: Is a public school considered public property or private property?

My Father said that he doesn't have to stop at a stop sign in a school parking lot because it is private property, and so I wanted to see if he was correct.

Joseph Jaap
Joseph Jaap
answered on Feb 14, 2018

School is quasi-public in Ohio. School board is a quasi-governmental body, a bit public, a bit private. A cop could give a ticket, and then your dad could try fighting it in court. Maybe he wins. Or maybe the cop sees him roll on the school lot, and waits to stop him at the next stop sign on a... Read more »

1 Answer | Asked in Criminal Law, Communications Law, Juvenile Law and Municipal Law for Ohio on
Q: I was friends with a 21 year old girl and I'm 16, parents filed a no contact order for the girl, is there a way around?

l

Joseph Jaap
Joseph Jaap
answered on Jan 30, 2018

No, you can't contact her. That would violate the order. If you do that, you could put her in trouble. Do you want to do that to her? Move on, and have no contact with her.

1 Answer | Asked in Criminal Law and Municipal Law for Ohio on
Q: Hello my husband was involved and manslaughter degree 1 in his temper with evidence degree 3 in a gun

For 3 years his out date was December 7th and now since they are passing all these new laws in Ohio it change from September 26th 2020 when he was sent as he could get no good days so we're trying to figure out how did it change it would have continuous changing but he can't file until... Read more »

Matthew Williams
Matthew Williams
answered on Jan 3, 2018

New laws do not change already imposed prison terms, though they may change eligibility for release. A lawyer needs to look at all of it with specifics.

1 Answer | Asked in Landlord - Tenant and Municipal Law for Ohio on
Q: Im in Lima Ohio, I had eviction court today but didn't make it, will they be able to kick me out tonight? I have a baby
Joseph Jaap
Joseph Jaap
answered on Nov 2, 2017

The court typically gives tenant 7 to 10 days to vacate, but it can be quicker. So find a new place as soon as you can. Talk to your landlord to find out. If you need help, talk to local housing agencies or shelters.

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