Skip to main content
Scott Martin Kuboff

Scott Kuboff’s Answers

28 total

  • How can ones juvenile record play a role in an adult domestic violence case?

    My girlfriend and I recently got into an altercation. We both ended up attacking each other but I was arrested and charged with domestic violence. I know she has had extensive run-ins with the police over this sort of thing while this is the first...

    Scott’s Answer

    I do not know how helpful those juvenile records will be at TRIAL, as Evid R 609 specifically deems juvenile adjudications inadmissible. However, those records may be useful in the PRETRIAL portions of your case when your attorney is discussing the case with the State of Ohio.

    See question 
  • What actually happens if I ignore the Civil Demand "Settlement Offer" letter from Palmer Reifler & Associates? Can they sue ME?

    My 17yr old daughter was caught attempting (she never left the store) to shoplift a necklace from Spencer Gifts in OH. The store has their undamaged necklace. They did not call the police. Instead, I got a notice to pay $200 from Palmerpay.com. I ...

    Scott’s Answer

    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.

    See question 
  • Can I get a no contact order lifted in Cleveland oh

    My daughter's father is in jail for DV me being the victim. I didn't press charges since he's a good man to an kids an this has never occurred ever before. Unfortunately he does have priors for assault that are closed. He was also on parole at tim...

    Scott’s Answer

    As a victim, you had a right to be present at sentencing and make your feelings known. I'm not sure if you did this or not, however, you certainly can contact the prosecutor, victim advocate, or the probation officer to ask that the no contact order be lifted and explain your reasons. Given their case load, I wouldn't expect an immediate your phone call; but persist. Alternatively, you can contact his defense attorney and ask that he file a motion to modify conditions; his attorney may want you to sign an affidavit or submit a letter to attach to the motion. Notwithstanding, courts are very hesitant in these circumstances and may not lift it. If you have any further questions, I'd be happy to answer them the best I can or point you in the right direction.

    See question 
  • Jail time credit?

    My son turned himself in on a probation violation - our attorney asked for a decrease in bail and the court instead increased his bail (they called it a blanket bond) due to new pending charges. My son is now incarcerated on this new charge - whe...

    Scott’s Answer

    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 the place where the prisoner is to serve the prisoner's prison term." I'd certainly recommend calling a criminal defense attorney in the Dayton area. Here is a link to the Ohio Association of Criminal Defense Lawyers directory: http://oacdl.org/aws/OACDL/pt/sp/directory where you can search by zip code or address. Good luck.

    See question 
  • Hello, im trying to file a judicial for my fiance in Ohio how do I go about doing it

    My fiance was involved in a hit nd run last year and was sentenced to a non-mandatory 1yr. So far in august he will have served 6mths prison time this is his first felony he has a job waiting on him nd his first newborn child, he wants to be put o...

    Scott’s Answer

    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.

    See question 
  • If my felony was expunged and was over 20 years ago, do I still have to report it to SS to be a payeee for my minor child ?

    When asked in a phone interview if ever had a felony conviction, can I say no if it was expunged

    Scott’s Answer

    • Selected as best answer

    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.

    See question 
  • I got charged with cocaine a few courts dates after indictment I realized they made a mistake an charged me with heroin what now

    isn't that a technicality

    Scott’s Answer

    The State of Ohio will need to cure the defect in the indictment by re-indicting you for the correct drug your alleged to have possessed. This happens regularly because often individuals are indicted based upon preliminary field tests before the lab results come from BCI. I'm assuming you have an attorney given that you stated you've gone to a few court dates, as such I'd direct the rest of your questions to your actual attorney.

    See question 
  • How long can Ohio State hold you before arresting you ?

    what is the bill code for this law?

    Scott’s Answer

    You may be held under investigative detention for up to 72 hours before formal charges are filed.

    See question 
  • Is the sentence that was imposed correct?

    My fiance was given 18 months from cuyahoga county for a non violent f-5. How is this possible if its only punishable up to 12 months? He did have a misdemeanor charge also but the felony prison time would over ride it right? Where could I verify ...

    Scott’s Answer

    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
    Cell: 330-651-6062
    Tele: 216-696-4514 ext. 103
    Fax: 216-781-6242
    skuboff@gmail.com
    www.scottkuboff.com

    See question 
  • If i get accused of rape and i had to spend time in jail and im innocent and was found innocent can i sue?

    had to spend 2 days in jail and got dna tested and put my and my boyfriends name in the paper

    Scott’s Answer

    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.

    See question