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

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...

1 person marked this answer as helpful

How much time does felonious Assault 2 carry?

A person charged with Felonious Assault which is a second degree felony faces a presumed sentence of incarceration between two to eight years. While the time is not mandatory, there is a presumption of incarceration in an Ohio penitentiary. Good luck to the both of you. Ian Friedman 216.928.7700

1 person marked this answer as helpful

If my husband was charged with a felony one with mandatory time, but he wasn't advised it was mandatory time what are his option

It is unfortunate that you and your husband are now in this situation. In answer to your question, a more in-depth investigation would have to be conducted. Typically, at the time of the plea, the judge will explain all of the defendant's rights pursuant to Ohio Criminal Rule 11. The judge will typically recite all the consequences of the plea and possible sentences. The court would have an obligation to ensure that a defendant was aware that the sentence was mandatory. If that was not...

1 person marked this answer as helpful

Is there a minimum mandatory sentence for Felony of the first degree in Ohio?

It really depends on what the schedule of drug is. For instance, if you are talking about cocaine or heroin, the felony of the first degree would carry a mandatory period of incarceration of 3-10 years. Not all sentences for a felony of the first degree in Ohio carry mandatory time. Someone faced with an offense of that severity will have counsel unless they opted to procedd pro se. Respectfully, you need to consult with counsel. Good luck. Ian Friedman 216.928.7700

1 person marked this answer as helpful

My son was convicted of murder. I need know what types of things are considered new evidence? what shall i look for?.

I am sorry to see that you have not received a response to your question. In any criminal matter, the goal of all parties is to afford the defendant a fair trial. Unfortunately in some cases, we know that defendants are not provided all evidence as required by the United States and Ohio Constitutions. That said, when a client consults with our office and claims that evidence was withheld or was not presented in court, we have to look at different legal factors. First, was the evidence known...

1 person marked this answer as helpful

What happens to a misdemeanor probation violation in Ohio?

Assuming that the RSP is a misdemeanor of the first degree, you have six (6) months exposure of local incarceration. In Ohio, a defendant can be sentenced to jail only for misdemeanors as long as there is no accompanying felony. A judge may not look favorably upon a defendant that failed to comply with the privilege of probation. I would advise my client in a similar situation to pay the fines and complete all other asepcts of the probation before appearing in court to address the violation....

1 person marked this answer as helpful

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

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...

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

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...

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

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

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

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...