Generally speaking, once a case is sealed you can answer that you have not been convicted of a criminal offense. However, it truly depends on the question being asked of you as to whether you can say no. As such, before you answer/complete the interview, I recommend contacting an attorney to investigate whether your case has been sealed and discuss the specific questions you've been asked and how you should answer them.
The recent OVI charge should be considered as a 1st in 6 years because of the prior reduction. However, depending on the court you are in, if convicted, the judge may not sentence you as if it is your 1st in 6 years; you're still subject to up to 180 days in jail, not to mention fines, suspensions, etc.
I would recommend contacting a criminal defense attorney who regularly handles OVI's
I agree with Attorney Beck. However, I can imagine a few scenarios where this could be possible (e.g. a probation violation, gun specification, etc.) I practice in Cuyahoga County everyday, the first place I would look is the court docket: http://cpdocket.cp.cuyahogacounty.us/TOS.aspx . If you have any questions, please feel free to contact me.
Scott M. Kuboff, Esq.
The Goldberg Law Firm, LLC
323 West Lakeside Avenue, Suite 450
Cleveland OH, 44113
It is not illegal to simply date (i.e. dinner and a movie.) However, you need to be aware of the law regarding sexual conduct because you could find yourself in a situation where you could be charged with a crime. In Ohio, R.C. § 2907.04, is entitled "Unlawful Sexual Conduct with a Minor," prohibits a person who is 18 or older from engaging in sexual conduct (i.e. sex, oral sex, digital penetration, insertion, etc.) with another person who is 13 years old but less than 16. Also, R.C. §...
You should contact a local attorney to investigate this issue because he may very well be entitle to additional days of credit. Pursuant to RC 2967.191, the department of rehabilitation and correction must credit an inmate "the total number of days that the prisoner was confined for any reason arising out of the offense for which the prisoner was convicted and sentenced." This includes "confinement in lieu of bail while awaiting trial . . . and confinement while awaiting transportation to...
A prior uncounseled conviction cannot be used to enhance a present offense. However, uncounseled does not necessarily mean "without an attorney." Since you can legally represent yourself, a prior conviction where you served as your own attorney can be used against you. In that case, as long as (1) you were advised of your right to an attorney and (2) you knowingly, intelligently, and voluntarily waived your right to an attorney, your prior conviction can be used to enhance the present...
Pursuant to Revised Code 2307.61 (entitled "Civil action for willful damage or theft"), Spencer Gift's could initiate a lawsuit for liquidated damages of $200 or 3x the value of the property stolen. I certainly question the economics of them doing so, but they can. I agree with Ms. Sanders that a simple written response disputing the claim is all that you should do, although it is not required.
Based upon your brief description, it sounds like he is "eligible" to file. However, that does not mean the court will grant judicial release. Often times getting judicial release depends on the judge, the underlying facts of the case, any victim impact statement, his productivity in prison, prior criminal history, and what he will do if he gets out. There are a lot of variables. If you have further questions, I'd be happy to answer them.
In Ohio, falsely accusing someone of a criminal act is considered "defamation per se" which is an actionable civil claim. The statute of limitations for defamation is 1 year from the incident. If you were falsely accused, you can certainly sue the accuser. However, suing the police for making an arrest and conducting a brief investigation would be extremely difficult. I would certainly recommend speaking to an attorney to discuss your legal rights and remedies.
The short answer is you'll need to file a notice of availability and request for disposition in the Kentucky court. However, the mechanics to do so are very technical. Take a look at R.C. § 2963.30 which is OHIO's codification of the Interstate Agreement on Detainers. However, you'll need to file under KENTUCKY law. It would be highly advisable to seek the advice of a Kentucky attorney to assist you in your efforts.