Ohio Questions & Answers

Q: My husband was just charged with a petty theft at Walmart. He wasn't stopped when we left but was just issued a summons

1 Answer | Asked in Criminal Law for Ohio on
Answered on Feb 7, 2019
Patrick DiChiro's answer
BEING CHARGED WITH A CRIME IS DIFFERENT THAN BEING FOUND GUILTY. IF THE POLICE BELIEVE THEY HAVE PROBABLE CAUSE, THEY CAN CHARGE YOU WITH A CRIME. PROBABLE CAUSE TO ARREST IS A LOWER STANDARD THAN BEYOND A REASONABLE DOUBT, WHICH IS THE BURDEN OF PROOF THAT A PROSECUTOR WOULD NEED TO MEET IN ORDER TO FIND YOU GUILTY OF THE CRIME.

SO, THE FACT THAT YOU DID NOT KNOW HE IS STEALING WOULD BE YOUR DEFENSE, AND YOU WOULD BUILD YOUR DEFENSE AROUND THAT.

BEST OF LUCK,

PAT...

Q: My wife and I are going through a divorce. If she is not seeking child support will the court force it?

1 Answer | Asked in Divorce and Child Support for Ohio on
Answered on Feb 7, 2019
Joseph Jaap's answer
If you and she agree on everything in an uncontested divorce, and you both have relatively equal time with the child, equal sharing of expenses, relatively equal incomes, and each can provide an adequate place to live, then the court might allow an adjustment to the standard child support calculation, so that nobody pays child support. But the court require child support, even if you both agree that none is needed. If no child support is ordered now, if any circumstances change, either parent...

Q: Can a landlord claim "Lost rent for January" when we officially left the premises on Dec 31st?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Feb 7, 2019
Joseph Jaap's answer
Landlord can make that claim in court. The court will review the lease and facts, and determine if you are liable for the extra month rent and any damages for repair. It depends on the exact wording of the lease, if tenant was required to give notice and did it properly, etc. The court will review the lease and testimony, and decide. If landlord files a lawsuit, it becomes a permanent court record, and can make it difficult to rent from a landlord who checks. Even if landlord doesn't sue,...

Q: My wife is a co-trustee for her late father's estate.

1 Answer | Asked in Estate Planning for Ohio on
Answered on Feb 7, 2019
Joseph Jaap's answer
That could be a problem if any beneficiary objects. If the other trustee approves, that might help reduce any potential beneficiary concerns. Note that an estate does not have trustees, it has executors or administrators. A trust has trustees. Your wife should use the Find a Lawyer tab to retain a local probate and estate attorney to advise her about her responsibilities and liabilities as a trustee.

Q: is a 24 hour notice of entry valid while I am out of town and landlord has prior notification?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Feb 6, 2019
Joseph Jaap's answer
In Ohio, 24 hours advance notice is considered reasonable.

Q: My partner,and I have my son 24-7 before signing I asked the landlord if a two bedroom became available could we get it.

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Feb 6, 2019
Joseph Jaap's answer
That does not give you a legal basis to break your lease, unless it was written into your lease that the landlord would definitely give you the next available 2 bedroom. You can talk to landlord about it, and ask for something in writing to get the next one that does become available.

Q: I have a shared parenting plan with my ex and I am residential for school purposes. Can I homeschool if he disagrees?

1 Answer | Asked in Family Law for Ohio on
Answered on Feb 5, 2019
Joseph Jaap's answer
The plan probably requires the parents to discuss things, and if they don't agree, then go to mediation. So talk to him about it. If that or mediation don't succeed, then either can file a motion to have the court decide.

Q: If a person commits suicide, Can that person claiming they caused it go to jail

1 Answer | Asked in Wrongful Death for Ohio on
Answered on Feb 5, 2019
Matthew Williams' answer
Some prosecutors have begun experimenting with bringing charges against people accused of bullying a person into committing suicide.

Q: My ex and I conceived our daughter when she was 17 and I was 20. If she wanted to, could she claim statutory rape?

1 Answer | Asked in Criminal Law for Ohio on
Answered on Feb 5, 2019
Matthew Williams' answer
The age of consent in Ohio is 16, so no you’re not guilty of unlawful sexual conduct with a minor. But there are plenty of ways she could make you’re life miserable.

Q: can trafficking in drugs .ie. cocaine be a felony of the fourth degree in the state of Ohio

1 Answer | Asked in Criminal Law for Ohio on
Answered on Feb 5, 2019
Matthew Williams' answer
Yes, it can be. Any person charged with trafficking should hire an attorney ASAP.

Q: lawyer to sue my ex for the mental distress mental disturbance emotional harm mental anguish mental suffering ect

1 Answer | Asked in Personal Injury, Civil Litigation, Landlord - Tenant and Libel & Slander for Ohio on
Answered on Feb 4, 2019
Peter Munsing's answer
I'm sorry to hear that you had to go through this. You have a case but.....the problem is that homeowners won't cover intentional acts, and if there is no insurance unless he's worth a lot of money you will get a piece of paper saying you are entitled to money--but he won't be able to pay it. The only plus is that as intentional acts they aren't dischargeable in bankruptcy.

I know that's not at all "justice" but it's like being mugged by a wino--you have a case but after spending...

Q: Do church Members have the right to see their Minister's contract?

1 Answer | Asked in Contracts and Business Law for Ohio on
Answered on Feb 4, 2019
Joseph Jaap's answer
If the contract is between the minister and the board, then it is the board's decision if the members can see the contract. But if the church is organized as an Ohio non-profit corporation, the members could take legal action to obtain access to the contract. Use the Find a Lawyer tab to retain a local Ohio attorney to review the church By-Laws and advise you.

Q: I have a commercial building rented to a pizza business, that attached equipment to my structure . does that become

1 Answer | Asked in Civil Litigation for Ohio on
Answered on Feb 4, 2019
Joseph Jaap's answer
Whether it is their "equipment" which they get to remove and take with them, or has become a "fixture" which becomes part of the real estate that must stay, depends on the nature of the installation. Use the Find a Lawyer tab to review the terms of the lease and all the facts, and advise you.

Q: I am pregnant, I’m 15 and my baby daddy is 18. Can we get married with court consent? Everything I read said you can.

2 Answers | Asked in Family Law for Ohio on
Answered on Feb 4, 2019
Joseph Jaap's answer
The court is unlikely to grant consent. But you can try.

Q: I bought a car with my fiancé he filed chapter 7 and the loan was discharged he did not sign a reaffirmation form but I

2 Answers | Asked in Bankruptcy for Ohio on
Answered on Feb 3, 2019
Timothy Denison's answer
If you signed on the car loan, you are still liable to pay for it. The debt is discharged as to your bf, but not as to you. Depends on how much equity is in the car as to whether you should surrender it if you are NOT on the loan.

Q: Is an F5 felony drug possession 1st time punishable for more than 1 year in ohio?

1 Answer | Asked in Criminal Law for Ohio on
Answered on Feb 1, 2019
Matthew Williams' answer
No, it’s punishable by up to a year.

Q: Whats the laws on Forgery and what could happen

2 Answers | Asked in Criminal Law for Ohio on
Answered on Feb 1, 2019
Patrick DiChiro's answer
WELL, DEPENDING ON THE CHARGE, FORGERY IS USUALLY A FELONY OF THE FIFTH DEGREE, FOURTH DEGREE OR THIRD DEGRESS. A FIFTH DEGREE FELONY IS PUNISHABLE BY UP TO 12 MONTHS JAIL AND $2500.00 FINE. A FOURTH DEGREE FELONEY IS PUNISHABLE BY UP TO 18 MONTHS JAIL AND $5,000.00 FINE. THERE IS NO MANDATORY TIME WITH EITHER, SO YOU CAN GET PROBATION. THE HIGHER OFFENSES GET A LITTLE MORE TRICKY.

I THINK YOUR BEST BET IS TO CONTACT AN ATTORNEY.

BEST OF LUCK,

PAT DICHIRO

Q: Forge signature on property title

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Feb 1, 2019
Joseph Jaap's answer
You'll need an attorney to review the deed and all the circumstances, and then figure out what to do about it. It might require a court to determine. Use the Find a Lawyer tab to retain a local real estate attorney.

Q: how would a 17 year old with a 3 month old baby become emancipated without parental consent?

1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Answered on Jan 31, 2019
Joseph Jaap's answer
She can't. Ohio does not allow that. See this link:

https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/

Q: I spoke to a lawyer about qualifying for bankruptcy and she said we made too much to try back in a couple of months when

3 Answers | Asked in Bankruptcy for Ohio on
Answered on Jan 31, 2019
John Martin Hilla's answer
You need to re-discuss your bankruptcy eligibility questions and options with the same lawyer or a different bankruptcy lawyer in your geographic area.

It is important to remember that virtually everyone "qualifies" for one type of bankruptcy or another (Ch 7 vs 13 vs individual 11, etc.). It sounds like you and the lawyer discussed Chapter 7 only. Chapter 13 in particular is always available if you have income flowing in.

The impact of a new vehicle purchase upon a subsequent...

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