J. Anthony Rich’s Answers

J. Anthony Rich

Lorain Criminal Defense Attorney.

Contributor Level 5
  1. As victim,I went to municipal court the case is going to grand jury indictment,I dont want to particpate as witness do I have to

    Answered over 1 year ago.

    1. J. Anthony Rich
    2. Luke S Rioux
    2 lawyer answers

    Because the State of Ohio is bringing the charges, you do not have the right to "withdraw" from the proceedings. You have no constitutional right to remain silent because you are not the accused. If you receive a subpoena, you are required to attend. Many times when family members decide "no longer to cooperate", they can eventually find themselves charged. (obstructing, falsification etc.) Most prosecutors and certainly most Judges will take your feelings into account, but unfortunately...

    Selected as best answer

  2. Criminal Record

    Answered over 1 year ago.

    1. J. Anthony Rich
    2. Robert Benjamin Botnick
    3. Benjamin J Lieberman
    3 lawyer answers

    Several licenses in Ohio require a clean criminal record. I have two suggestions: (1) review these materials : http://www.nursing.ohio.gov/LicensureInformation.htm and (2) consult with a lawyer in your area to see if there is anyway possible that your records could be sealed or expunged. Normally one can only have a record sealed in Ohio if it is a first and only offense. That being said without knowing the exact facts and circumstances of your arrests and or convictions, you should...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Appeal after Plea Bargain

    Answered over 1 year ago.

    1. David Keith Greer
    2. J. Anthony Rich
    2 lawyer answers

    It is difficult to withdraw a plea AFTER SENTENCING. Has the defendant already been sentenced or is it an agreed sentence to be imposed at a later date? If he has already been sentenced, things are more difficult. There are several reasons why your fiance's lawyers may have instructed him to take the plea including but not limited to the strength of the state's case as well as the amount of time the client could receive if he went to trial and lost. The normal problem with filing a Motion...

    3 lawyers agreed with this answer

  4. I have recently hired an attorney. He told me first offense. Shoplifting. "NO JAIL TIME". The offer was 3 days in jail??

    Answered over 1 year ago.

    1. J. Anthony Rich
    2. Jeffrey Anthony Skiendziul
    3. Michael Leighton D'Antoni
    3 lawyer answers

    I can see a situation like this happening and it is neither you, nor your lawyer's fault. In many many jurisdictions, a first offense shoplifting would be a probation offense, i.e., NO JAIL. That being said, certain Judges or Prosecutors have their own policies. For instance, in Lorain, where I practice, one of our Judges automatically starts plea bargaining in all shoplifting cases at 3 days jail. No exceptions. I suggest you share your feelings with your lawyer and try to work it out if...

    3 lawyers agreed with this answer

  5. Am i going to jail when i go to court tomorrow for my indictment?

    Answered over 1 year ago.

    1. J. Anthony Rich
    2. Sarah Lynn White
    2 lawyer answers

    Normally people are not arrested at an arraignment. An indictment is simply a charge. That being said, the Judge on your other matter, or the State Assistant Prosecutor could move to revoke your bond on your pending case since you apparently picked up a newer and arguably more serious charge. Normally a hearing is required before a Judge revokes your bond for an unrelated matter. You should consult with a lawyer or ask that one be appointed on your behalf.

    3 lawyers agreed with this answer

  6. I am being accused of theft. A 1st degree misdemeanor and a 5th degree felony.

    Answered over 1 year ago.

    1. J. Anthony Rich
    2. Andrew Joseph Van Horn
    3. Robert C. LeBrasseur
    3 lawyer answers

    You need to hire a lawyer! It is clear by your assessment of the facts that the State is going to proceed. Although the evidence against you appears to be primarily circumstantial, it is nonetheless admissible against you. Because the State has a high burden of proof, proof beyond a reasonable doubt, they may have difficulty proving you actually took the money.

    3 lawyers agreed with this answer

  7. DEFENDANT TERMINATED THEIR LAWYERS IN THE MIDDLE OF THE CASE!

    Answered about 1 year ago.

    1. Christopher Lee Beck
    2. Noah Christian Munyer
    3. J. Anthony Rich
    3 lawyer answers

    If the lawyer was appointed some jurisdictions will NOT appoint a second lawyer. Ohio law mandates that clients are free to HIRE the lawyer of their choice. The client should immediately seek new counsel through his own means (private counsel) or seek another court appointed lawyer. Finally, a lawyer is bound by several ethical rules and requirements and cannot disclose "detrimental" and or harmful material obtained during the attorney-client privilege just because he or she was "terminated"...

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  8. How long does it take for an attorney to file my boyfriends judicial release after I've paid him?

    Answered about 1 year ago.

    1. J. Anthony Rich
    2. Christopher Lee Beck
    3. Noah Christian Munyer
    4. William Emil Cassara
    4 lawyer answers

    First and foremost, if the Judge said he will grant same after client serves ONE YEAR, based upon your facts, the lawyer should be filing in mid to late May, to effectuate a June 2013 out date. That being said, the lawyer should CLEARLY tell you WHY he or she has not filed yet and what his/her strategy might be.

    2 lawyers agreed with this answer

  9. How long do I have to wait to get my record expunged

    Answered over 1 year ago.

    1. Matthew Charles Bangerter
    2. Paul Andrew Griffin
    3. J. Anthony Rich
    3 lawyer answers

    Is your conviction a felony or misdemeanor? If it is a felony conviction, than I completely concur with the previous answers given by two qualified attorneys. If you were only convicted of a misdemeanor however, you can have your record sealed 1 year after successfully completing probation, if you otherwise qualify for expungement. Good luck.

    2 lawyers agreed with this answer

  10. I was charged with assault in ohio in 2010 but have since moved to florida. The court set a trial date. What happens now?

    Answered over 1 year ago.

    1. Juwayn Haddad
    2. Robert Benjamin Botnick
    3. J. Anthony Rich
    4. Christopher Lee Beck
    4 lawyer answers

    All criminal cases resolve in 1 of 3 ways: 1. They are dismissed (almost never); 2. They go to trial; (approx 5%) 3. They result in a plea bargain (95%); Since you have maintained a "not guilty" plea, there is only one resolution: TRIAL. You are still presumed innocent and the state has to prove beyond a reasonable doubt the charge against you. You moving to Florida does not mean the case against you evaporates into the thin air. Since you are set for trial, you have a duty to...

    1 lawyer agreed with this answer

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