John Michael Drain Jr.’s Answers

John Michael Drain Jr.

Chagrin Falls Divorce / Separation Lawyer.

Contributor Level 13
  1. If there is no lease agreement, can someone be evicted from their home?

    Answered about 5 years ago.

    1. John Michael Drain Jr.
    1 lawyer answer

    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...

    4 people marked this answer as helpful

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

    Answered about 5 years ago.

    1. John Michael Drain Jr.
    1 lawyer answer

    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.

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

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

    Answered about 5 years ago.

    1. John Michael Drain Jr.
    2. Thomas Arthur McCormack
    2 lawyer answers

    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.

    3 people marked this answer as helpful

  4. 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?

    Answered about 5 years ago.

    1. John Michael Drain Jr.
    1 lawyer answer

    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.

    3 people marked this answer as helpful

  5. What type of lawyer do I need & do I have a case?

    Answered about 5 years ago.

    1. John Michael Drain Jr.
    1 lawyer answer

    You may or may not have a case, depending on the extent of the defamation and the damages which have been caused or will be caused by her. If you lost your job as a result of her defamation, that is a better case than not losing your job. As you can tell, there is no good way to stop her from damaging your reputation before she actually does it. For example, it is not easy to get a restraining order for this kind of activity unless it threatens your personal safety and is egregious. Courts...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

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

    Answered about 5 years ago.

    1. Ronald Lee Burdge
    2. John Michael Drain Jr.
    2 lawyer answers

    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.

    2 people marked this answer as helpful

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

    Answered about 5 years ago.

    1. John Michael Drain Jr.
    1 lawyer answer

    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.

    2 people marked this answer as helpful

  8. What are Ohio automobile passenger rights?

    Answered about 5 years ago.

    1. John Michael Drain Jr.
    2. John M. Kaman
    3. Alan James Brinkmeier
    3 lawyer answers

    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....

    2 people marked this answer as helpful

  9. Is it possible to have a DUI third offense felony charge expunged from my record in ohio?

    Answered about 5 years ago.

    1. John Michael Drain Jr.
    2. Danny James Weisenburger
    3. Joseph Bernard Suhre IV
    4. Jeffrey Charles Meadows
    4 lawyer answers

    No.

    1 lawyer agreed with this answer

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

    Answered about 5 years ago.

    1. John Michael Drain Jr.
    1 lawyer answer

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

    2 people marked this answer as helpful

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