Ohio Criminal Defense Legal Questions

I would definitely recommend having an attorney to assist you, if possible.  If you cannot afford an attorney, you should consult with a public defender.  As this is your first offense, you may be eligible for a pre-trial diversion program -- depending on what jurisdiction in Ohio you are in.   If you are able to enter a pre-trial diversion program, you would likely (depending on the jurisdiction) be required to participate in community service, attend a theft-related education class, and not get into any other trouble for a set probationary period (usually 90 days).  If you successfully complete the program, your case would likely be dismissed.  An attorney can help you navigate that process to ensure the best possible outcome in your case and whether diversion is an option for you.  If your case is in Columbus or the surrounding counties, I would be happy to speak with you further if you are interested in hiring an attorney to help.   ... Read More

The Ohio State Bar Association has an excellent discussion of this issue on its website:   https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/LawYouCanUse-589.aspx Currently, Ohio's Social Host Law states that parents cannot "knowingly" allow an underage person to remain in or on their premises while possessing beer or intoxicating liquor.  If you were not aware that the teens had alcohol, then you would not meet this "knowingly" standard under state law. Note, however, that some municipalities have ordinances with lower standards that might subject you to criminal charges.   For example, if you are in Dublin or Grove City, Ohio, you could face first degree misdemeanor charges for negligently allowing teens to drink at your home -- even if you did not actually know it was happening.  If you are in one of these jurisdictions, you would responsible if you knew or should have known that your teen would throw a party at your home and serve alcohol to underage friends.  If you are charged, you should definitely seek the advice of an attorney in your area to assist you to ensure the best outcome given the facts of your case. ... Read More

I would definitely recommend having an attorney to assist you, if possible.  If you cannot afford an attorney, you should consult with a public defender.  As this is your first offense, you may be eligible for a pre-trial diversion program -- depending on what jurisdiction in Ohio you are in.   If you are able to enter a pre-trial diversion program, you would likely (depending on the jurisdiction) be required to participate in community service, attend a theft-related education class, and not get into any other trouble for a set probationary period (usually 90 days).  If you successfully complete the program, your case would likely be dismissed.  An attorney can help you navigate that process to ensure the best possible outcome in your case and whether diversion is an option for you.  If your case is in Columbus or the surrounding counties, I would be happy to speak with you further if you are interested in hiring an attorney to help. ... Read More

Currently in Ohio, possession of drug paraphernalia is a fourth degree misdemeanor carrying a potential jail sentence of up to 30 days, a fine, and loss of your driver’s license for at least 6 months.On July 6, Governor John Kasich signed into law SB 337.  One of the law’s provisions reduces the penalty for possession of drug paraphernalia intended for marijuana use from a fourth degree misdemeanor  to a minor misdemeanor.  Minor misdemeanors in Ohio carry no jail time and do not result in a criminal record.   The maximum fine is $150.00.  However, driving privileges may still be revoked for at least six months. The law goes into effect on September 23.  If your court date is before then, you might consider asking the court for a  continuance until after that date.  In addition, while the new law clearly provides a benefit, it does not make possession of drug paraphernalia legal. I would advise you not to plead guilty to any criminal offense without first consulting with experienced counsel.  Even minor drug-related convictions may show up on a background check, affecting future employment offers. They can also affect eligibility for student loans, housing and other public benefits and have immigration consequences. An experienced attorney will be able to advise you as to potential defenses to the charge, and alternatively, whether a diversionary disposition is possible that either does not require a guilty plea or results in a complete dismissal after a period of time . Jeralyn Merritt, Ask a Lawyer Panelist since 1998... Read More

If you were forced to perform sexual acts against your will, it most likely rises to the charge of rape. It will depend on what exactly those "unorthodox sexual" acts were, but chances are it was rape. You would have to speak to a district attorney to be sure. However, if a lot of time has passed since these acts have occurred, it will lessen the probability of success to some degree. You should speak to a district attorney to see where you stand. You should also discuss the molestation of the children that you refer to as well. Good luck.... Read More

It is absolutely your right to refuse to answer questions when telephoned by a detective who is seeking information about a crime. This is true whether or not you had something to do with the matter about which the detective is inquiring. If you decide to decline to answer the detective's questions, you should do so politely at the outset, before making denials. You do not have to give a reason. If you suspect you are under investigation, you can contact a criminal defense attorney who will call the detective on your behalf and inquire as to the nature of his or her interest in speaking with you. If your attorney thinks it is in your best interest to speak with the detective, he or she can arrange to be present while you are interviewed. Miranda warnings only apply to those in custody, meaning those whose freedom of movement is restrained and are not free to leave. Police do not have to read you your rights when they call you on the phone seeking information. Thus, anything you say to the detective can be used against you -- and possibly others. Jeralyn Merritt, Ask a Lawyer panelist since 1998.    ... Read More

It is difficult to tell exactly what the person faces based on the information you have provided.  However, it is safe to assume the person faces the exact same penalties he/she faced when they left the state.  Willfully leaving the jurisdiction to avoid prosecution stops the statute of limitations from running.  So, as far as the case is concerned, time has essentially stood still if the person knew they were charged with a criminal offense and then fled the jurisdiction.   The information provided in this answer is provided for general information only; the information provided should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. It is strongly advised you contact a lawyer in your geographic area to more fully discuss the issues raised in your question.... Read More

This is a very complex situation.  You say the person "admitted their guilt and proved [your] innocence" and was prosecuted but was the person found guilty?  It is very important that an attorney examine the admission this person made and the circumstances under which it was made.  It is possible you may have recourse, especially if you went to trial and were convicted as a result of that trial.   The information provided in this answer is provided for general information only; the information provided should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. It is strongly advised you contact a lawyer in your geographic area to more fully discuss the issues raised in your question.... Read More

Provided there are no other provisions of probation or post-release control that would prevent the individual from doing so and the person is hunting with a license, in season, etc..., the answer to this question is typically yes, felons can hunt with a bow. The information provided in this answer is provided for general information only; the information provided should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. It is strongly advised you contact a lawyer in your geographic area to more fully discuss the issues raised in your question.  ... Read More

Burglary, or any offense of violence, such as robbery or arson is not expungeable.  It is difficult to share this type of bad news with first offenders such as you.  There is the possibility of a pardon from Governor Kasich but I would not hold my breath – those are few and far between.   The information provided in this answer is provided for general information only; the information provided should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. It is strongly advised you contact a lawyer in your geographic area to more fully discuss the issues raised in your question.... Read More

The penalty depends upon what is alleged to have been brought into the facility.  If they are alleging drugs or weapons, it is a Felony 3 and there is the possibility of 1 to 5 years in prison.  If it is a cell phone or a two-way radio, it is a Felony 5 and you could get 6 to 12 months.  Cash and liquor are misdemeanors with significantly less time.   The information provided in this answer is provided for general information only; the information provided should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. It is strongly advised you contact a lawyer in your geographic area to more fully discuss the issues raised in your question.... Read More

You may be able to file a complaint against him for misconduct, especially given the pending complaints you mentioned.  The Supreme Court of Ohio's website contains information about how and where to file a complaint against a judge. The information provided in this answer is provided for general information only; the information provided should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. It is strongly advised you contact a lawyer in your geographic area to more fully discuss the issues raised in your question.... Read More

The best thing you can do is inform the court you cannot afford an attorney; the court will appoint an attorney to represent you.  Then you should work with this attorney on your case.  Either that or find an attorney in your community who is willing to take your case on a pro bono basis.   The information provided in this answer is provided for general information only; the information provided should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. It is strongly advised you contact a lawyer in your geographic area to more fully discuss the issues raised in your question.  ... Read More

The police can and will issue an arrest warrant when they feel they have probable cause for an arrest.  It sounds like the police were working to develop probable cause in this case and that is why they waited so long, relatively speaking. The information provided in this answer is provided for general information only; the information provided should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. It is strongly advised you contact a lawyer in your geographic area to more fully discuss the issues raised in your question.    ... Read More

Lawyers can make some promises to a client. They can promise to use their best efforts on your behalf; to devote as much time is necessary to your legal case; to adequately research and investigate possible defenses to the charges; and to be available to consult with you and answer your questions. One thing no lawyer can promise or guarantee is the result of a contested court proceeding. If a lawyer promises you when taking your case that he or she will win your case at trial, find another lawyer. Criminal cases are rarely "open and shut." There are many variables, and while a lawyer may have an opinion as to the likely result, based upon their experience in similar matters, perhaps before the same judge or prosecutor or going up against the same police officers, they do not have a crystal ball. Under the rules of professional responsibility in most (if not all) states, no lawyer can guarantee a particular outcome in a contested case. There are simply too many factors involved, including but not limited to, the particular facts of your case, the prosecutor and judge assigned to it and the availability of prospective witnesses for each side by the time the case goes to trial. If your lawyer is recommending a specific plea bargain, make sure the terms are in writing, that you fully understand them and that any promises as to your sentence are clearly stated. Some judges will not be bound by agreements between prosecutors and defense counsel. If your agreement doesn't state the judge is bound by the agreement, or that you can withdraw your guilty plea if the judge decides not to go along with the agreement, you should not rely on anyone's promise you will receive a particular sentence.I recommend you ask your lawyer to put any specific promises to you in writing.  And when interviewing a lawyer to take your criminal case, if he or she guarantees you a particular outcome, consider retaining a different lawyer.... Read More

There are a few different “flavors” of kidnapping in Ohio but I am assuming you mean the regular old Felony 1 Kidnapping that carries three to ten years in prison.  One count Felony 4 Gross Sexual Imposition is good for six to eighteen months in prison.  So if the judge were to “stack and max” (as we say in the trade) or give the defendant the maximum consecutive sentence that person is looking at 10 years on the kidnapping plus 3x18months (54 months or 4 ½ years) on the GSI for a grand total of 14 ½ years.  A lot of time to be sure.  That is a worst case scenario without knowing any of the particulars of the case; local attorney who knows the lay of the land should be consulted.   The information provided in this answer is provided for general information only; the information provided should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. It is strongly advised you contact a lawyer in your geographic area to more fully discuss the issues raised in your question.    ... Read More

You may be flirting with trouble.  These IDs manufactured in China have been making headlines and are getting attention from the police. Ohio Revised Code §4301.636 prohibits the manufacture, transfer or distribution of an identification card establishing a person’s age if that card represents the card as the official identification card of Ohio.  The same holds for driver’s licenses, etc….  It stands to reason that since the State of Ohio cannot go after the people in China creating these cards they will go after the people in Ohio distributing them, if the State desires to enforce this law. The best thing you can do is consult with a local attorney who can advise you about your exposure.   The information provided in this answer is provided for general information only; the information provided should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. It is strongly advised you contact a lawyer in your geographic area to more fully discuss the issues raised in your question.    ... Read More

The best way to go about it is to talk to an attorney in the jurisdiction where your license was suspended.  I suspect there are a lot of important details you will need to share with an attorney before any kind of conclusion is arrived at. Judges and prosecutors have personalities and those also need to be taken into account when formulating such a plan. I wish you the best of luck!   The information provided in this answer is provided for general information only; the information provided should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. It is strongly advised you contact a lawyer in your geographic area to more fully discuss the issues raised in your question.    ... Read More