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Edward A. Itayim's Answers

Edward A. Itayim
Columbus Criminal Defense Attorney.
Contributor Level 7

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Attorney answers:

  1. Edward A. Itayim

What will i get for a disorderly conduct charge,reasonable control and under age drinking?

Asked by a user in Mansfield, OH - almost 3 years ago.

For an underage drinking all they need to show is that you have consumed alcohol. From the charges here you will probably get probation for a year. If the disorderly was a minor misdemeanor you may only have to pay fines and costs. I would speak to an attorney immediately if you have not already done so.

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Attorney answers:

  1. Edward A. Itayim

Expungement

Asked by a user in Ohio - almost 3 years ago.

No. An expungement is dealing with your criminal record. It is sealed to the public and therefore will not be viewed employment purposes or even background checks. The only time your record will be used against you is if you committed another crime and they were viewing your record for sentence purposes. However, fingerprints will continue to be int he system.

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Attorney answers:

  1. Edward A. Itayim

Husband charge 5 years in jail felony 2 and felony3 felony 2 drp can he return to court have evidense it wasnt him viedo tape

Asked by a user in Cleveland, OH - almost 3 years ago.

If he was charged, a jury was sat, and he was convicted of the charge, then he will have to do his time that he was sentenced unless he can win an appeal. There are time limits to file an appeal so you should speak with an attorney immediately.

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Attorney answers:

  1. Edward A. Itayim

If it arson charges are dismissed before pre-lim hearing

Asked by a user in Columbus, OH - almost 3 years ago.

If you had arson charges and they were dismissed before the preliminary hearing you may not be safe just yet. If they dismissed for future indictment then the prosecution is just waiting to gather more evidence on you and then will probably refile at a later date. However, if they were dismissed because they have no evidence then you should be fine. I am going to presume that they dismissed for future indictment since it was before the preliminary hearing. I highly suggest you speak with...

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Attorney answers:

  1. Edward A. Itayim

Procedure for expunging domestic violence record in state of OH

Asked by a user in Lorain, OH - over 3 years ago.

Your record is not automatically expunged if that is what you are asking. You should contact your local court and get the paperwork required to file for an expungement. Generally, you will have a hearing and this will give the prosecutor the opportunity to object to expunging your record. They may do this and typically will if it is a crime a of violence. Also, in Ohio some crimes such as Traffic Violations, DUI's, Sex Crimes, and Driving Under Suspensions will not be expunged from your record....

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Attorney answers:

  1. Edward A. Itayim

What is the process of getting expunging criminal records in the state of Ohio

Asked by a user in Beachwood, OH - over 3 years ago.

Your record is not automatically expunged if that is what you are asking. You should contact your local court and get the paperwork required to file for an expungement. Generally, you will have a hearing and this will give the prosecutor the opportunity to object to expunging your record. They may do this and typically will if it is a crime a of violence. Also, in Ohio some crimes such as Traffic Violations, DUI's, Sex Crimes, and Driving Under Suspensions will not be expunged from your...

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Attorney answers:

  1. Edward A. Itayim
  2. Richard F Kodzis

How do I get my record expunged or pardoned in Maryland?

Asked by a user in Pickerington, OH - almost 3 years ago.

In Ohio, you must wait one year from the date you have finished your sentenced. Some crimes cannot be expunged even if it was your first offense (i.e. Traffic Violations, DUI's, Driving Under Suspensions, Sex Crimes.) Moreover, if a prosecutor objects to the expungement because it is in the best interest of the public to keep your record open then you may have a fight on your hands. Otherwise, go to your local court and ask them for the paperwork to file an expungement. They will point you...

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Attorney answers:

  1. Edward A. Itayim

Why am I in jail waiting for sentencing?

Asked by a user in Bedford, OH - almost 3 years ago.

If none of your witnesses were called and you believe your attorney was completely incompetent, then that is one avenue to take up on appeal. If the appeal is granted a brief and oral hearing will be scheduled for you to argue your case. Ineffective assitance of counsel appeals are extremely hard to win because you essentially have to show that you would have won absent your counsels mistake or ineffective assistance. Appeals, however, do not allow you to call witnesses. All that you will...

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Attorney answers:

  1. Edward A. Itayim

I need help to expunge an old charge so that i can get a better job

Asked by a user in Cincinnati, OH - almost 3 years ago.

Under Section 2953 of the Ohio Revised Code, an expungement allows you to have any and all references to a prior criminal conviction cleared and their court file sealed. The result of this process is as if you were never convicted of the crime. Even if your criminal charges were dismissed or you were found not guilty of the charge, the record of your arrest and the charges filed against you are still available for inspection for the public. An expungement of dismissed cases can remove the cloud...