Scott Martin Kuboff’s Answers

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

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.

You pose an interesting question. Normally, courts look at whether the request is (1) pre-sentence or (2) post-sentence. For pre-sentence withdrawals, you only need to show "good cause." For post-sentence withdrawals, you need to show "manifest injustice," or in other words, something went wrong at a constitutional level. The latter is a much more stringent standard. The standard the court will use in your case depends on the mechanics of the specific pre-trial diversion program....

I'd anticipate the State will claim (1) it is contraband subject to forfeiture and/or (2) that is is a criminal tool. In either scenario, you'll have to wait until the end of the case before you're in a position to know IF you can get it back. However, if you can provide documentation supporting a legitimate source of the money, that is always a good first step in getting it back. I'd recommend you get in touch with an attorney to discuss your case in more detail.

Public record requests are governed by R.C. 149.43, which would be used to request any information from law enforcement agencies. In addition, you can go to the Criminal Clerk of Courts -- located on the 2nd Floor of the Justice Center -- to review the Court file. As is relates to his attorney's file, he would have to request a copy from his attorney. However, the rules of professional conduct only require attorneys to maintain client files for a period of 7 years after representation has...

Yes you can fight this. In order to obtain a conviction, the State of Ohio must prove that you knowingly possessed a controlled substance. Possession can "constructive," i.e. you had the opportunity to exercise control over the drugs even though the drugs were not in your physical possession. Common "constructive possession" cases are where drugs are found in glove box, center console, desk drawer, etc. Your defense is going to depend on the facts of your case.

From the outset, please know that it is not advisable to discuss specific details about your case over the internet. As to your question, simple Assault (2903.13) is a misdemeanor of the first degree which carries up to 180days in jail and up to $1000 fine. With that in mind, I would highly recommend contacting an attorney to discuss your case and any potential defense you may advance. There is a lot at stake for you, plea Not Guilty and get an attorney. I'd be happy to answer any...

Generally speaking a no contact order is either a condition of bond or probation. If the order is violated, the individual subject to that order can have his/her bond revoked or be violated on probation. Don't assume anything. If you wish to have the order terminated, you will need to petition the court; only the judge can terminate the order.

You can be indicted in Ohio for any offense which a grand jury believes there is probable cause to support. In other words, is it more likely than not that an offense was committed and is it more likely than not that the person charged is responsible. Obviously the State would have to present some evidence to support their belief of probable cause to the grand jury in order for you to be indicted. Now keep in mind that probable cause to indict and proof beyond a reasonable doubt to convict...

Assuming he was arrested and processed, the next step will be appearing at his arraignment to enter a plea of not guilty. At the arraignment, bond will be set and his case will be assigned to a judge where he will receive a pre-trial date. Following his arraignment, he will have the opportunity to engage in discovery (investigation and fact finding) with the State. After completion of discovery, the case will be set for trial if a resolution has not been reached. Child endangering (M1)...