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Andrew Michael Korduba
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Andrew Korduba’s Answers

324 total


  • What is the penalty in ohio for filing a false police report regarding a robbery

    Car theft

    Andrew’s Answer

    Filing a false police report is a first degree misdemeanor in Ohio which carries a maximum penalty of 180 days in jail and/or a $1000 fine. Depending on your prior record and the facts of your case, you may not be charged at all. If you are, hire a local, experienced criminal defense lawyer to help you immediately. The charge may be reduced and/or dismissed or referred to a First Offender/Diversion Program. A good lawyer can explain your legal options and the best way to handle the matter. DO NOT ATTEMPT TO NEGOTIATE THIS MATTER YOURSELF. You may make incriminating statements that can/will be used against you and/or you may offend the city prosecutor which can/will affect the outcome of your case. Good luck!

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  • Can my probation officer see that another county has a warrant out?

    There is a warrant out for failure to make payment on my fines (not in the county im on probation in)..but they sent it to collections....anyways, I had to call my PO today for a check-in. Can he do anything about it to me?

    Andrew’s Answer

    Notify your PO that there is a Warrant for unpaid fines in another county. Bring paperwork showing that it is just for unpaid fines/costs and not new criminal/traffic charges. Hopefully, the PO will give you time to go resolve the issue with that court and not file charges for violation of your probation. Go pay the fines/costs at the courthouse immediately. They MAY take you into custody on the Warrant and/or release/vacate the Warrant upon payment of the amount due and owing in full: it is up to the particular Judge/Court. Hire a lawyer to help you IF you get violated on Probation for this. Good luck!

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  • Dissolution/separation

    My soon to be ex and I filed separation papers. We both signed. In them she asked for a dresser. It took 3 people to move it into my house. In the separation papers, she said she would get her stuff individually. There is no logical way she will b...

    Andrew’s Answer

    So, you apparently signed and filed a Petition for Dissolution of Marriage and filed them with the court. I assume you did so without hiring your own lawyer (i.e. pro se). Now you wish to change the Separation Agreement as it pertains to the dresser. You will need to revise and file an AMENDED Separation Agreement with the court on or before your Final Hearing. You will also need to get your wife's agreement/consent to the modified SA. If not, you must either decide to waive the dresser issue and live with the agreement, or, if it is that big of a deal to you, you can object at the Final Hearing and say that you no longer agree/accept the terms and conditions of the original signed/filed Separation Agreement. The court CANNOT go forward unless you agree on the record. Likewise, you could also "not show up" for the final Hearing. The Judge would then need to dismiss the case since you are both not there to testify and approve the Agreements on the record in open court. DISSOLUTION requires BOTH PARTIES to appear and agree on the record in court. However, you wife COULD file to "convert" the Dissolution to a Divorce and attempt to enforce the signed (unrevised) Separation Agreement against you. Then you will need to hire a lawyer to protect your legal rights. That will cost you time and money. OVER A STUPID DRESSER. SERIOUSLY??? Frankly, fighting over the dresser sounds very silly and a big waste of time, energy and potentially, money. Let it go. Let her come get it. Do not be so worried about "if she injures herself" in your home trying to remove the dresser. She probably won't sign a "Release" either. You agreed to let her have the damn dresser: LET IT GO. Move on with your life. Good luck!

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  • Can i get introuble for incriminating things on my phone if an officer has to subpeona my phone records during an investigation?

    i dealt with an armed breaking and entering where my phone was stolen. I reported this to the officer and he said he needs my phones serial number and model to potentially subpeona the records for the time after the robbery. there is incriminating...

    Andrew’s Answer

    YES, you can "get into trouble" for "incriminating things" on your cell phone. DO NOT GIVE THE POLICE YOUR CELL PHONE AND/OR SERIAL NUMBER. You say that you "dealt with" and armed breaking and entering and made a police report. You should consult and/or hire an experienced, local criminal defense attorney to review the "incriminating evidence" on your phone BEFORE you agree/give it to the police. You could potentially be opening up an unexpected can of worms that you will not be able to undo once it is opened. Good luck!

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  • Time limit for filing a Motion to Vacate a Default Judgement?

    Looking at my credit report today, I see that I have a default judgement against me filed by a well known junk debt buyer in a municipal court. Looks like the original claim filed 06/2012 and the default judgement entered against me 10/2012. ...

    Andrew’s Answer

    • Selected as best answer

    No, it is not too late to file a Civ. R. 60(B) Motion to vacate the judgment. But you would need to attach and Affidavit setting forth the reasons to justify your request. As already advised by other AVVO lawyers, it will not be easy and you may not get the relief you are looking for. It all depends upon whether or not the court file shows the creditor got valid "service" of the Complaint on you, and, if they did, why you did not respond/reply to the Complaint. Consider hiring a local, experienced criminal defense/traffic attorney IMMEDIATELY to help you. Good luck!

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  • I received a ticket for hit and skip but I didn't sign ticket cause I didn't think I hit that car stopped very close but no impa

    Had just got news that my favorite uncle passed and just took the kids to Arby's for food cause I didn't feel like cooking. I was upset. anyway the light changed and I took my foot off brake didn'teven excelerate when I had to stomp on brake cause...

    Andrew’s Answer

    The answers by all attorneys herein are true and accurate: go hire a lawyer immediately. Do not do this yourself. Based on the facts you stated and your clean driving record, it is possible the charge may be dismissed or reduced to a minor misdemeanor citation (Assured Clear Distance). I assume you had auto insurance. Let them handle the Property Damage claim. Relax. Hire a local, experienced attorney to help you. This is not a major event or issue that should cause you so much stress and anxiety: it will all be okay. Good luck!

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  • The SAME cop follows me all over, getting groceries, he waits, gas, he waits, even follows me out of town and/or home. LEGAL ???

    Four times in this past month the Same officer follows me where ever I go. For example, just today He saw me again coming the opposite way: he makes U turn and followed me to a quick stop and waited til I came out and followed me to the grocery st...

    Andrew’s Answer

    Unfortunately, the cop has a legal right WHILE ON DUTY to follow and observe you while operating a motor vehicle. You stated that you have been "out of trouble for 9 months but have 10 points on your license" and a traffic stop (but no citation or conviction) for DUI, by this same officer. Obviously, he has it out for you to get into trouble. But you have not stated what happened or why this officer has been following you and trying to get you into more trouble? Do you have a criminal record? What for? What incidents did you have with the officer previously? Were you polite and courteous or were you a jerk to the officer during the other/prior matters? Is this personal (i.e. is he dating your ex-wife, ex-girlfriend, sister or visa versa?) If he is doing all this "on duty" he may be able to get away with it. HOWEVER, you MAY be able to file a Petition for a Civil Protection Order (Anti-Stalking) since you do have: (a) a "pattern of conduct"; (b) more than one incident; that (c) causes YOU mental/emotional distress. The caveat to this is if the officer is legally immune (i.e. protected/exempt) from the order since his "stalking" you is while on duty as a police officer. I don't know the answer to that: would have to research the issue: can a citizen file for and/or obtain a Civil Protection Order against a police officer for alleged "stalking" incidents WHILE ON DUTY AS A COP? My gut says, no, but my legal analysis is maybe. Good question/issue. Hire a lawyer to investigate/research the issue to see if you could legally qualify for a CPO. Maybe, maybe not. Interesting...

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  • Is getting paid to walk around naked at a party illegal?

    Okay so weird question I know. I was offered great pay if I walk around a private party completely nude. Is that illegal?

    Andrew’s Answer

    No, it is not illegal. Have fun; get naked. Good luck!

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  • Will my husband be released from a 30 day sentence if we catch up his arrears?

    My husband was arrested for failure to comply with a support order. All arrears aside from state arrears were waived and he has been paying the full amount for a while now. Will he be released once I pay the state arrears so he can continue to pay...

    Andrew’s Answer

    Not necessarily. You can draft/file the Motion with the court, but only the Judge can decide to release him early. That will probably not happen, but you could give it a try. Good Luck!

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  • Does this fall under Criminal Ohio Revised Code 2913.04 or any criminal activity.? Also, Please explain that code to me please.

    My step-daughter broke my daughters cell phone and her mom gave my daughter a phone and wanted it back but then she turned around and said she allowed her to use it and wanted it back after my daughter got another cell phone. Also the cell phone w...

    Andrew’s Answer

    The only way to pursue "criminal charges" is to file a Police Report and have the city prosecutor agree to issue a citation/charges. YOU HAVE NO LEGAL RIGHT TO FILE CRIMINAL CHARGES: ONLY THE CITY PROSECUTOR CAN DO THAT IF HE/SHE BELIEVES THAT A CRIMINAL OFFENSE OCCURRED. Based upon the facts you provided, I do not believe the Prosecutor's Office will agree to "press charges" for this incident. Your only legal recourse would be to file a Civil Complaint in Small Claims Court; but I don't think you will win that case either.

    2913.04 Unauthorized use of property - computer, cable, or telecommunication property.

    (A) No person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give consent.

    (B) No person, in any manner and by any means, including, but not limited to, computer hacking, shall knowingly gain access to, attempt to gain access to, or cause access to be gained to any computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service, or information service without the consent of, or beyond the scope of the express or implied consent of, the owner of the computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service, or information service or other person authorized to give consent.

    (C) No person shall knowingly gain access to, attempt to gain access to, cause access to be granted to, or disseminate information gained from access to the law enforcement automated database system created pursuant to section 5503.10 of the Revised Code without the consent of, or beyond the scope of the express or implied consent of, the chair of the law enforcement automated data system steering committee.

    (D) No person shall knowingly gain access to, attempt to gain access to, cause access to be granted to, or disseminate information gained from access to the Ohio law enforcement gateway established and operated pursuant to division (C)(1) of section 109.57 of the Revised Code without the consent of, or beyond the scope of the express or implied consent of, the superintendent of the bureau of criminal identification and investigation.

    (E) The affirmative defenses contained in division (C) of section 2913.03 of the Revised Code are affirmative defenses to a charge under this section.

    (F)(1) Whoever violates division (A) of this section is guilty of unauthorized use of property.

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