John Michael Drain Jr.'s Answers

How difficult is it to get your record sealed and what are the cost associated with that procedure? The state is N.C.

Because you have listed yourself as an Ohio resident, your question may not get answered by a North Carolina attorney, but that is who should answer it. I could answer your question as far as Ohio is concerned, but not as far as N.C. is concerned. You need to contact a criminal attorney in N.C.

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If there is no lease agreement, can someone be evicted from their home?

The landlord cannot evict you without using the legal process to do so. First, he must give you a notice to vacate and give you three days notice if you have violated one or more terms of your rental agreement, such as failure to pay rent. If all terms of the rental agreement have been complied with, he must give you 30 days notice to vacate. Then after the required time period of 3 days, he can file an eviction case in the local municipal court, but it won't come up for hearing for at least...

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What can happen if you don't pay fines on 3 misdemeaners and leave the state on 2 yrs unsupervised probation from a VA arrest?

The misdemeanors don't carry over to Ohio. There will be or there is a warrant out for her in Virginia. If she ever goes back to Virginia she can expect to serve some time, maybe not six months. If she gets stopped in Ohio for a traffic stop, the police will hold her and call Virginia to see if they want to pick her up. They may not because it costs too much money, but this problem will persist until she gets things cleared up in Virginia.

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Can my inheritance from my mother be garnished for back child support?

Once the inheritance is deposited into your account, a creditor could conceivably attach it if he gets a judgment and avails himself of the garnishment process. However, to my knowledge the child support agency doesn't attach bank accounts as long as payments are being made, with the exception that they do grab IRS or state tax refunds.

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Domestic violence non felony girl freind tried to drop but the state pick it up

As a defendant you have a right to go to trial. The state of Ohio is prosecuting you and the girl friend is a prosecuting witness. It is not her case, but the state's. It is your call whether to go to trial, she may not show up, but if she does not she may be in trouble with the court. It is also your call whether to plead to the offense.

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What are Ohio automobile passenger rights?

You don't give up your constitution rights just because you are a passenger in a car that has been stopped. The officer must have a reasonable suspicion that you as a passenger are engaged in some kind of criminal activity before he can start to question. Otherwise, you can keep silent. Read this excerpt from a recent case out of Toledo, State v. Brannack: "The lawfulness of an initial stop will not support a “fishing expedition” for evidence of crime. State v. Bevan (1992), 80 Ohio App....

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How do I get a freeloading relative out of the house?

You have to give her a three-day notice to vacate the premises and then file an eviction action in your local court. That way you will get a court order to evict her, which is the only way I can think of to get an enforceable order to get her out of the house. I know it may sound a little strange to do it this way, but this is how parents get their freeloading children out of the house when the children refuse to move.

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Who decides the length of incarceration after a probation violation? The probation officer or the judge?

Only the judge can revoke your probation. The probation officer can only make a recommendation to the judge.

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Collections and seizing property

If the payments on the car that you use to take your mom to the doctor are being paid currently and out of her account, then the collection agency cannot scoop up the car. Before any creditor could do anything with the car, they would have to go to court and get a judgment against you first. Then, once they got a judgment they could try to attach wages (at this point you have none), attach bank accounts, or try to levy on any assets such as an automobile. So you see there would have to be...

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Child support order from cuyahoga county,ohio

Sounds as though your probation is keeping you in Ohio, not the court that issued the child support order. If you were not on probation, you could move wherever you wanted to, and no court could restrain you because you have a constitutional right to travel. Again, your probation may be the only thing keeping you in Ohio. If you move to Georgia, with or without permission of the probation department, you won't be able to transfer the support order to Georgia unless the child were to also...

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