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Ian Nathan Friedman

Ian Friedman’s Answers

27 total

  • Can you be pardoned as a sex offender in Ohio?

    I know someone that downloaded pornography and in it happened to be child pornography. He was sentenced to registering for 25 years as a sex offender. He is going to finish up probation, and he hasn't gotten into any further trouble. This was h...

    Ian’s Answer

    In Ohio at this time a state offense related to the possession or distribution of child pornography is considered a crime of violence and is not eligible for sealing of the record. It is extremely unlikely that the governor would look beyond that and pardon the gentleman. I do not think it would be a politically acceptable move so I would be weiry of spending a lot to try. Technically, it is possible but I would not be at all confident.

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  • Sent bad photos to a girl that said she was 18. Got a call from a sheriff saying I have been texting/calling a juvenile.

    Got a girls number from an online dating site a few months ago. Texted her back and forth. A few weeks later I text her, and she claims its someone else-I keep talking to her-trying to figure out if its really someone new or not. I chatted a bi...

    Ian’s Answer

    Unfortunately, you are now in a situation faced by many folks searching for companions on the Internet. I would certainly need to see all the evidence in the case to determine whether a crime has in fact been commited. Current law in Ohio that may be applicable to your situation may relate to the offense of Importuning for example. Facts of importance would include whether you were told that the other person was under 18 and/or where your chats were conducted on-line. It may work to your benefit if the homepage disclaimer warned users that only 18 y.o.+ individuals could sign on. To answer these questions I respectfully suggest that you consult with criminal defense counsel at once. That counsel should also be the one to communicate with the law enforcement investigator. I wish you the best of luck.

    Ian Friedman
    Friedman & Frey LLC
    www.faflegal.com

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  • I have a felony charge on my record that i never went to court for. how can that happen?

    i was working for a fertilizer company when i wanted to see if the stuff i was working with was actually flammable, someone seen me do it and told the supervisor. i was fired that day. I guess they ended up pressing charges against me but i neve...

    Ian’s Answer

    The charge of Aggravated Arson is very serious. I would respectfully recommend that you contact legal counsel at once to make arrangments to address the charge(s). It will certainly be to your benefit to commence your case with counsel. Waiting until you are apprehended by the authorities will not look good before the Court and does not sound great to a jury if it went that far. If you cannot afford legal counsel, the Court will appoint counsel for you but you should still make arrangments to get the case under way. I wish you the best.

    Ian Friedman
    Ian N. Friedman & Associates, L.L.C.
    216.928.7700

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  • How Long does a person have before they lose the right to appeal in a criminal case?

    My brother entered a plea agreement and as a first time offender was told he would possibly receive all probation or 3-8 years to run con-current. There was a prosecuter mute agreement in the plea as well as signed documents from the victim and wi...

    Ian’s Answer

    Dear Sir or Madam,

    In Ohio, pursuant to the Ohio Revised Code (state matters), a person has thirty (30) days to appeal an issue. More specifically, the Notice of Appeal has to be filed thirty (30) days from the time the journal entry memorializing the court matter is filed with the Clerk of Court. In this case, it is clear that the plea transcript should be ordered to review. An appellate court looks to what is contained in the record when reviewing a matter. Good luck.

    Ian Friedman
    216.928.7700
    www.iannfriedman.com

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  • I was with someone who was arrested for Disorderly conduct. I was not arrested and released when someone came to pick me up.

    I did not recieve any paperwork or citation from the officer, but he said I might get something in the mail??? Have I been cited/charged???

    Ian’s Answer

    Dear Sir or Madam:

    It is difficult to determine whether you have been charged or cited without knowing your identity and being able to check with the clerk of courts in the court of proper jurisdiction. A lawyer would be left only to speculate at this point. That said, it is possible that the officer could have a citation sent to you. There are several reasons that you may not have been issued the citation at the scene. One such reason could be that the officer wanted to conduct further investigation. Hopefully though, you will not be charged though and this question is moot. In the event that you are charged, consult with legal counsel in your area. Good luck.

    Ian Friedman
    Ian N. Friedman & Associates, L.L.C.
    216.928.7700

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  • What is the next step in regards to California fugitive warrant on my husband

    My family lives in Ohio and we went to California on vacation. My husband was arrested for felony DUI and spent 8 months in prison. He was released on parole. His parole officer filed the papers to Ohio to transfer his parole. 4 weeks later my hus...

    Ian’s Answer

    Your husband certainly has the right to contest extradition in his situation. I would suggest that he seek local legal counsel that has experience with extradition matters and also has the time to look into whether this is a simple administrative mistake that can easily be rectified. It is important that your husband have counsel at all stages of the legal process so securing the right counsel in your area is key. Good luck.

    Ian Friedman
    216.928.7700

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  • Can the court use a co- defendent as a witness which he has 10 to 20 felony convictions and actually says i didit and that the

    well he actually did the crime and they offered him 6 and a half years to say it was me in b&es and thats all they have to convicte me of a crime

    Ian’s Answer

    Unfortunately, you have experienced what so many people faced with criminal charges see in court routinely. While that type of evidence may seem weak on paper, people have been charged, tried, and even convicted on such evidence. Of course, one would hope that the jury or judge (if bench trial) would have reasonable doubt when hearing the history of the co-defendant as well as the incentive for them to lie. Moreover, if you have proof that the co-defendant previously indicated that it was not you, the trier of fact would have to consider it. Good luck.

    Ian Friedman
    216.928.7700

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  • Charge is agg robbery - definite jail time? Or is probation a possibility?

    Person has been charged with 1st deg Agg robbery - seems to think there will be no jail sentence - only probation. Is that a possibility?

    Ian’s Answer

    A sentence of community controlled sanction (probation) is possible if there are no specifications that would provide for a mandatory sentence. Becuase the offense is a felony of the first degree, however, there is a presumption that the person will be incarcerated. If so, the sentence would range from three (3) to ten (10) years. I would suggest consulting with counsel as this is a very serious matter. There are very fine lawyers in the Toledo area. Good luck.

    Ian Friedman
    216.928.7700
    www.inflaw.com

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  • Is there a time limit on expungement can i get it done for free after how long?

    it's been 8 years can i get the expungment for free?

    Ian’s Answer

    The correct answer to your question requires some more facts unfortunately. The amount of time required before you can file a Motion to Seal your record depends on whether the matter was a felony or a misdemeanor and how the case actually resolved. For example, you may be able to move to seal the record differently if the matter was dismissed versus a grand jury finding of No Bill. In a felony matter, if the offense is subject to sealing, you would have to wait three years from the time that your sanction concluded. So if you were on community controlled sanctions for three years, you would be eligible to file after six years. if the matter was a misdemeanor, you would have to wait one year from the expiration of the sanction. Of course, you cannot have any other offenses on your record to be eligible. As for the cost, it depends on which court you are filing the motion in. Most Common Pleas Courts do not have a fee while many municipal courts do require payment. So again, it depends where your case was handled. Good luck.

    Ian Friedman
    216.928.7700
    www.iannfriedman.com

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  • I have a warrant block for violation of probation but the case has been dismissed am I going to have to go to jail?

    I had a violation for not showing up to the probation office but I called to let her know what was wrong the case I had that got me probation has been dismissed and I have a warrant block am I gonna have to go to jail?

    Ian’s Answer

    It sounds to me as though there is some confusion in your case and process. While your case may have been dismissed, I respectfully suggest that you contact the clerk of courts to find out if the case is truly dismissed or what the status is. Obviously, it is atypical to have a probation hold or block if the case is dismissed so there is certainly a mistake somewhere along the line. This may be a difficult task for you to perform on your own as you may be taken into custody for even appearing in the clerk's office. As such, I would suggest that you retain a local criminal defense lawyer to get to the bottom of the situation. I am unable to tell you if you are going to jail as there are many unanswered questions pending. Variables in any criminal case include who the judge is, who the probation officer is, what the alleged violation is, and how the probationer handles the resolution. This is where a good local lawyer can be instrumental. Good luck.

    Ian Friedman
    216.928.7700

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