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J. Anthony Rich
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J. Rich’s Answers

24 total

  • DEFENDANT TERMINATED THEIR LAWYERS IN THE MIDDLE OF THE CASE!

    If court proceedings come to a halt on because the defendants terminated their lawyers and the lawyers have evidence that would be detremential to defendent of publicly known whats the next step? Plaintiff Pro Se filed a motion to disqualify the ...

    J.’s Answer

    • Selected as best answer

    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" by the client.

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

    My boyfriend has been incarcerated for two years on June 24th of this year. When he went to court in June of 2012 the judge told him he will let him out on Judicial release after he does a year in prison. I had paid an attorney at the end of Febru...

    J.’s Answer

    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.

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  • How much time can you be facing for a felony dv if the person who filed did not show up to court

    you second charge and person does not want to press on with the charges

    J.’s Answer

    Issue #1- A felony DV is by definition either an F-3 or F-4. There is no such thing as an F-5 DV anymore.

    Issue #2- Good prosecutors are trained to prosecute DV cases as if the victim is never available. There are several evidence rules that could be used to convict even if the victim does not testify.

    As an example, to drive this point home, I have yet to hear of a murder victim testifying at their perpetrators trial, yet there are several convicted murders in prison. Good luck.

    J. Anthony Rich
    The Law Anthony Rich Law Company, LLC.
    600 Broadway
    Lorain, OH 44052
    440-245-2274
    anthony@janthonyrich.com

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  • Can I change an attorney after pre-trial?

    Hi, the case is about a traffic misdemeanor charge. I'm thinking of going to trial but my attorney wants me to take the deal the prosecutor offered, which I don't consider as a good deal at all... If I'm planning on going to trail, can I still ch...

    J.’s Answer

    Ohio law allows a person accused to HIRE any lawyer they choose. So yes, you can hire new counsel. If your attorney is appointed, the Judge may not appoint you a second lawyer. If you are considering hiring new counsel you should do so in a timely manner as the new lawyer may insist on a conditional notice of appearance, i.e., that he/she is going to have time to review all of the evidence and to prepare accordingly PRIOR to your trial.

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

    In 2010, I was charged with assault. I was arrested and kept in jail for three days and treated like I was already proven guilty. When I went to court in 2011 I told my attorney that I will not agree to an assault charge. I am NOT guilty. The ...

    J.’s Answer

    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 appear or a warrant will issue for your arrest. It is imperative that you consult with your current Attorney or contact another one immediately.

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  • Appeal after Plea Bargain

    My Fiancé just plead out to 7 yrs on some things he wasnt guilty of after being incarcerated in county jail for almost 2 yrs. He had a paid lawyer & public defender which fit all the criteria of ineffective counsel! He wants to appeal this sente...

    J.’s Answer

    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 to Withdraw one's Guilty Plea is that the Judge specifically asks the accused if they are doing this of their own free will etc. Filing a successful "Appeal" after entering a negotiated plea bargain is also a difficult venture because one'a Appellate rights are vastly limited after a plea of guilty (which the Judge also explains at the plea) Good luck. There are several excellent lawyers from the Ohio Association of Criminal Defense Lawyer's who practice in Columbus. As always, I would start by consulting with one.

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  • I was pulled over by the cops and they found drugs included marijuana, mushrooms, and MDMA. Then released after they seized.

    We were pulled over for following too closely. After searching the car the police found the drugs above. One person was issued a marijuana ticket, and they rest were told we would receive the paperwork in the mail. Should we be expecting more c...

    J.’s Answer

    Many times felony drug charges are presented directly to the County Grand Jury for review. That is what is referred to as a "direct" indictment or "secret" indictment. The police/State do not have to prove ownership. They have to prove possession.

    2925.11 Possession of controlled substances.
    (A) No person shall knowingly obtain, possess, or use a controlled substance.

    Depending on the amount, and or how the contraband may have been packaged it would not be unusual for the police to also request charges for:

    2925.03 Trafficking, aggravated trafficking in drugs.
    (A) No person shall knowingly do any of the following:

    (2) Prepare for shipment, ship, transport, deliver, prepare for distribution, or distribute a controlled substance, when the offender knows or has reasonable cause to believe that the controlled substance is intended for sale or resale by the offender or another person.

    I would consult with an Attorney immediately. An Attorney can also call the police and or prosecutor to get a better idea if the client is going to be charged and more importantly what kind of bond will be set. Attorneys generally prefer to make arrangements to turn their clients in as it can affect the amount of bond which is a benefit to the client. It's hard for the State to argue a person is a flight risk if they walked into the jail to be booked in with their Attorney before the SO had to go looking for them. Good luck!

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  • Can i get more then one bail bond? if i have more then one charge on different occasions?

    several theft, forgery, child support, dos, drug par

    J.’s Answer

    Your post is very broad. Generally speaking a defendant is assigned a bond on each particular case. You will need to articulate your exact situation in a little more detail in order for a lawyer to attempt to assist you in this matter.

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  • HOW DO I GO ABOUT GETTING A FELONY REMOVED FROM MY RECORD? I WAS TOLD I COULD DO THIS AFTER 2 YEARS, IT IS NOW OVER 3 YEARS.

    I BELIEVE IT WAS A 4TH DEGREE FELONY I DIDN'T HAVE ANY JAIL TIME AND I HAVE A CLEAN RECORD EVER SINCE, I SERVED MY PROBATION AND NEED TO KNOW HOW TO GET THIS REMOVED.

    J.’s Answer

    The most important issue, is whether or not the conviction CAN be expunged. As an example, a crime of violence, OVI, sex offense (generally), CANNOT be sealed. Normally lawyers charge a fee to determine if you are eligible. If you are eligible, than they charge an additional fee to draft the Motion and appear at Court. There is also normally a filing fee associated with this type of request. Good luck.

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  • My daughter who is 18 was arrested for underage drinking, resisting arrest, and assault. First offense.what could happen

    My daughter attented an event called party in the park in Painseville ,Ohio. The vendors obviously sold her beer without checking I.D. She had her puppy with her and she looked down because she didnt see him and the next thing she knew someone g...

    J.’s Answer

    "What is the best outcome for her if she uses a public defender. " That is a very broad question. That being said, the public defender will have a good grasp on the most likely results as he or she handles 100s of such cases in the particular jurisdiction with the assigned Judge. One issue that may be relevant is that because she just became an adult, her juvenile record could be relevant for disposition. The most serious charge is the assault because it could be a felony. The APA and Judge will certainly want to make sure no officer was harmed. Also many times, offense of violence, preclude an attempt to seek diversion. Your daughter should speak to the public defender after he or she reviews the discovery (police reports, criminal history etc) in her case.

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