Martin Stephen Delahunty III's Answers

Martin Stephen Delahunty III
Cleveland Personal Injury Lawyer.
Contributor Level 8

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Attorney answers:

  1. Martin Stephen Delahunty III
  2. Heather Lynn Keck

For the 1st violation probation does the judge usually make you serve the whole probation imposed?

Asked by a user in South Point, OH - about 2 years ago.

The penalty for violating probation is at the discretion of the judge up through serving the entire sentence originally given then stayed pending probation. Things that would impact the penalty would be what the violation was and whether there is another charge pending or on the way. The probation department has some sway on the issue also. Counsel could ask the court for release and return to probation but success again could be dependant on the factors mentioned above. Contact her counsel...

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Attorney answers:

  1. Jeffrey Charles Meadows
  2. Martin Stephen Delahunty III

Underage drinking - Penndot blocks OH license 22 years later.

Asked by a user in Chagrin Falls, OH - about 2 years ago.

While PA has your license suspended you will be prevented from renewing your Ohio license. There is a procedure to remove the block if the penalty would not have resulted in a suspension in Ohio for the same offense. The is another lawyer on this service named Ken Bossin who has handled this type of case before. I recommend sending him an email, he is located in Cleveland Ohio.

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Attorney answers:

  1. Martin Stephen Delahunty III

My roommate let the police in the house without a warrant and said they can search but my room was locked the opened it anyway

Asked by a user in Cleveland, OH - about 2 years ago.

If you and your roommate had a shared common area but you had a separate living area to which he did not have access or permission to enter, and that room was locked, you would have an expectation of privacy which your roomate could not waive. Under those circumstances the search would be illegal and the results of the search could be suppressed. You will need a lawyer to assert this arguement. This response is not intended to create an attorney/client relationship and should not be used...

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Attorney answers:

  1. Martin Stephen Delahunty III
  2. David Scott Heier
  3. Roberta Sue Roberts

My soon-to-be ex husband wants his mother to retain his parental rights, can the court grant her partial custody?

Asked by a user in Salem, OH - about 2 years ago.

Your mother-in-law could file an action for grandparent visitation. This would not be the same as a parent's parenting time (the new term used by Ohio courts). Your husband's parenting time is "his" parenting time, and not something that can be just passed around. Your initial opinion is in the ballpark but make sure you discuss this with your lawyer.

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Attorney answers:

  1. Martin Stephen Delahunty III
  2. David Scott Heier

Do you consider it alleged concubinage?

Asked by a user in Ohio - about 2 years ago.

In Ohio we call it adultery. A person engaged in adultry can be joined in a divorce action but I am not sure of the paticulars in the case you are writing about.

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Attorney answers:

  1. Martin Stephen Delahunty III

If an at home paternity test proves, an ex my baby's father, and not my husband... Do I have to give my ex visitation rights?

Asked by a user in Groveport, OH - about 2 years ago.

In Ohio your ex would have to file a paternity action. Your husband is presumed to be the father of any child born during the term of the marriage. Accordingly, your ex, if he wanted to obtain visitation rights would first have to file this type of action and then if shown to be the father apply for visitation, This however, would also raise the issue of child support which would also have to be dealt with.

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Attorney answers:

  1. Martin Stephen Delahunty III

Personal and Business accounts mix up

Asked by a user in East Liverpool, OH - about 2 years ago.

A good portion of your question is missing--but let me guess a little here also--when you got your new debit cards they were linked to the church account not your personal account--you used the cards but the money was pulled from the church account? If this is what happened then the Bank is responsible for making the church's account whole and you owe the bank for the money that you accidently received. Just because the bank makes an error you don't get to keep the "unjust enrichment" If I...

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Attorney answers:

  1. Martin Stephen Delahunty III
  2. Gregory Keith Boop
  3. Amir Hossein Afsar

How can I file a lien

Asked by a user in Zanesville, OH - about 2 years ago.

If you purchased a sign from a company and paid for it, and they failed to deliver the sign, what has occurred is a breach of contract. You should sue the company that failed to live up to the contract. In Ohio with damages of $13,000.00 you could pursue your claim either in you local municipal court or the Court of Common Pleas. You should speak with a lawyer concerning this matter. This response is not intended to create an attorney/client relationship and should not be used in lieu of...

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Attorney answers:

  1. Martin Stephen Delahunty III

Do I need a lawyer to file a complaint in Municiple Court and does the defendent have to be in the same county?

Asked by a user in Cincinnati, OH - about 2 years ago.

The answer to your question depends upon the reason for your claim. If this were an auto accident you could file where the accident took place or where the defendant lives or has his place of business. If this is a contract matter you could file where the contract was entered into or where the services were rendered regarding the contract or again at the location of his place of business. However if you used to live next door to the person you want to sue for something that took place at that...

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Attorney answers:

  1. Ryan Hayes Fisher
  2. Martin Stephen Delahunty III

What is the statue of limitations in OHIO on doctors bills or hospital services? Can these charges be taken out of a tax refund?

Asked by a user in Millbury, OH - about 2 years ago.

Generally, if you signed a form consenting to pay for services not covered by insurance, that agreement is a binding contract allowing the medical provider 15 years to sue you for any amounts owing. The Attorney General does collect medical bills for state hospitals such as OSU hospital and its affiliates as well as the doctors employed by OSU. They will deduct your outstanding bill from any state return you have coming. This reply is not intended to create an attorney/client relationship...

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