Ohio Criminal Defense Legal Questions

Ohio does have a statute which permits an "eligible" offender receive an expungement. An offender convicted of an offense requiring a mandatory sentence is not eligible for expungement. In order to determine if a mandatory sentence was imposed, you should contact the clerk of court in the county in which you were convicted, and request a copy of your sentencing entry. Your sentencing entry will indicate whether a mandatory sentence was imposed. At this time, a mandatory sentence for a theft offense is unlikely. You should contact an attorney licensed in Ohio immediately to determine your eligibility for expungement. ... Read Answer

In most states there does not have to be video to arrest. The arrest, and even the prosecution can be done totally on the officer's word. If he is beleived, your freind can be convicted. The lack of video would go to the evidence. Like if he had the ability to use video, that question can be asked to him before a jury and would tend to make him less credible in the eyes of a jury. I wouldnt discuss this case on line any more. Talk to an OH criminal lawyer, don't call me. ... Read Answer

Miranda rights relate to custodial interrogation by a police agency what your really asking is if you have a right to counsel; a civil protection order is a civil proceeding and does not qualify for 6th amendment rights of counsel; If you are facing possible jail time for violating the CPO, then the 6th amendment rights kick in and your entitled to representation of counsel.... Read Answer

YES! You absolutely need an attorney and you should not speak with law enforcement regarding this investigation without an attorney present - if at all. The Fifth Amendment provides you with the right to remain silent, and until you have spoken with an attorney, I suggest you assert that right. In my experience, law enforcement generally calls you in for a statement when they do not have enough independent evidence to charge you. So they use the interrogation process to try and get a confession, in part or in full. My office has handled several such cases and can provide you with sound advice or even a referral to strong, local counsel that you can trust to zealously represent youand protect your fundamental constitutional rights. http://www.adamstonelawfirm.com/Practice-Areas/ http://www.adamstonelawfirm.com/Contact.shtml Sincerely, Adam Adam C. Stone Adam C. Stone, Attorney and Counselor at Law, Ltd. 840 So. Sandusky Avenue Bucyrus, Ohio 44820 Telephone: (419) 562-2110 Facsimile:   (419) 562-1660 adamstone@earthlink.net http://www.adamstonelawfirm.com/  ... Read Answer

Generally speaking, criminal investigations are confidential except to the extent that law enforcement chooses to make certain things public. So, to answer your question, yes a detective can make information public about an informant. However, had your boyfriend had an attorney with him at the time of his questioning, his attorney may have been able to negotiate an agreement with law enforcement to make him a confidential informant and keep his name out of the public/ out of the police reports. I have been able to negotiate such deals on several occasions for clients to keep their names confidential in both public press releases and in police reports. Another consideration that may be even more important is that, even though he has cooperated with the police, he may still be running the risk of being an accomplice  - which is charged the same as though he committed the crime. (See http://codes.ohio.gov/orc/2923.03).  In order to assess the case, I need more information that you have provided - for instance, in order to determine whether he could be charged as an accomplice, I  - or any attorney - would need to see your boyfriend's statement.  In some instances, burglary can be charged as a second degree felony and, therefore, carry a maximum of eight years in prison. (See http://codes.ohio.gov/orc/2911.12)  In the meantime, he may not want to speak with law enforcement anymore without an attorney present. I hope this helps. All the Best, Adam Adam C. Stone Adam C. Stone, Attorney and Counselor at Law, Ltd. 840 So. Sandusky Avenue Bucyrus, Ohio 44820 Telephone: (419) 562-2110 Facsimile:   (419) 562-1660 adamstone@earthlink.net http://www.adamstonelawfirm.com/  ... Read Answer

Depending on whether the sale was as is? In Ohio buyer beware is the slogan. You may however have a cause of action against the delaer if in fact they assure you the vehicle was never wrecked and then gave you the bad car fax. Your cause of action will be either misrepresentation or fraud. The issue will be what are your damages? The value of the vehicle assuming it hadn't been wrecked, compared to it's value as a wrecked and repaired vehicle.... Read Answer