Matthew Charles Bangerter’s Answers

Matthew Charles Bangerter

Cleveland Criminal Defense Attorney.

Contributor Level 13
  1. Arrested for dui sitting in my car parked in a parking lot.

    Answered over 1 year ago.

    1. Matthew Charles Bangerter
    2. Chester Leroy Palumbo
    3. Michael Adam Haber
    4. Thomas G. Briody
    5. Robert William Dziech
    5 lawyer answers

    There are a great many ways to defend a DUI case, even with field tests or breath tests. Because you refused both, you will need to have an attorney examine the circumstances leading up to the stop, as well as what the officer alleged he observed after the stop. Your attorney will also check for any dashboard or booking room video. Only after examining those and other details will an attorney be able to properly assess your case.

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  2. Misdemeanor jury trial questions

    Answered 9 months ago.

    1. Matthew Charles Bangerter
    2. Howard Woodley Bailey
    3. Jay Scott Finnecy
    4. Michael K. Powell
    4 lawyer answers

    Yes, the prosecutor can argue that you are guilty. They will get to make a closing statement at the end of the evidence, then another rebuttal statement at the end of your closing argument.

    10 lawyers agreed with this answer

  3. Restricted license and am i able to drive to sports that I'm in?

    Answered 2 months ago.

    1. Matthew Charles Bangerter
    2. Susan Frances Fremit
    3. Julia E. Simmons
    3 lawyer answers

    If your privileges are to drive to school and work then those are the only places you are allowed to drive. Sports and after-school activities are extra. If you need to drive to practice, you will need to ask your attorney to request those privileges from the court.

    8 lawyers agreed with this answer

  4. How do I get a copy of my "record". I received a DUI in Ohio in 1994. Can I get it expunged from my record? Thank you.

    Answered over 1 year ago.

    1. Donald Michael Gallick
    2. Irina Alexander Vinogradsky
    3. Matthew Charles Bangerter
    4. Robert William Dziech
    5. Samuel Cohen
    5 lawyer answers

    Unfortunately you cannot get a DUI/OVI expunged in Ohio.

    8 lawyers agreed with this answer

  5. Can you get a dui conviction expunged or sealed in Ohio?

    Answered almost 2 years ago.

    1. Chester Leroy Palumbo
    2. Matthew Charles Bangerter
    3. Robert Francis Healey Jr.
    4. David Charles Shook
    4 lawyer answers

    Unfortunately you cannot get a DUI conviction sealed or expunged in Ohio. The expungement statute specifically excludes OVIs. @BangerterLaw

    8 lawyers agreed with this answer

  6. If a minor is not read his or her miranda rights and arrested can charges be dropped

    Answered over 2 years ago.

    1. Matthew Charles Bangerter
    2. David Taylor Kaye
    3. Charles K. Kenyon Jr.
    3 lawyer answers

    The MIranda warnings aren't required until a defendant or juvenile is taken into custody. However, depending on the circumstances of the conversation, it could be argued that the juvenile did not believe he was free to leave, and was therefore in custody. (After all, what kid thinks they're free to walk away from the cops?) You should speak with an attorney about the fine details of the case so that the attorney can make that determination. As far as the parent not being present - by law,...

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  7. If you didn't go to court on a case from 2007 can they still charge you with the offence years later?

    Answered about 2 months ago.

    1. Matthew Charles Bangerter
    2. Dennis P. Levin
    3. Ross Teele Smith
    4. Robert Perez Soto
    4 lawyer answers

    Yes it's legal. Once they have charged you the case is considered started and the Statute of Limitations is satisfied. You can't avoid prosecution by avoiding court. You will want to speak with an attorney because it's likely that you have a warrant from your failure to appear in 2007, and these circumstances could make a judge more likely to impose a harsher sentence.

    7 lawyers agreed with this answer

  8. Guy gets convicted of having sex with a 40 year old woman who was born on leap year and sentenced as sex offender?

    Answered over 1 year ago.

    1. Matthew Charles Bangerter
    2. Jeremiah Justin Denslow
    3. Jesse Alexander Atkins
    4. John M. Kaman
    4 lawyer answers

    There is no way this actually happened. Whoever told you this is leaving out some details.

    7 lawyers agreed with this answer

  9. I'm a minor was arrested for underage consumption, if i didn't have my miranda rights read to me can i get out of the charge?

    Answered almost 2 years ago.

    1. Ronald Lawrence Frey II
    2. Matthew Charles Bangerter
    3. Peter McGrath
    4. Chester Leroy Palumbo
    5. Christopher Lee Beck
    6. ···
    6 lawyer answers

    Your Miranda rights only apply to statements you make while in custody. Contrary to what you see on TV, cops are not required to read them in order to arrest you. Coincidentally, I just wrote up a more detailed answer to this very common question

    7 lawyers agreed with this answer

  10. Do you have to be read your rights before they cuff you and tell you your under arrest,

    Answered over 2 years ago.

    1. Matthew Charles Bangerter
    2. Alan James Brinkmeier
    3. Dale Martin Savage
    3 lawyer answers

    Police officers do not need to read you your Miranda warnings before arresting you. The Miranda warnings are a protection of your 5th amendment right not to incriminate yourself. They are to be issued before law enforcement questions or interrogates you. If they do not, it still does not invalidate your arrest, but you may have grounds to prevent any statements made before receiving your Miranda warnings from being used in trial against you. Keep in mind that it only applies to police...

    7 lawyers agreed with this answer

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