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Dennis Armand DiMartino

Dennis DiMartino’s Answers

207 total

  • I was convicted of petit theft in 2004, the record was sealed in 2007, how likely will this show up on an Ohio BCI check?

    I was never arrested for the charge, I turned myself in and no fingerprints were taken. The record didn't even come up during any of my military background checks. I am about to sit for the CPA exam and worried about the license background check.

    Dennis’s Answer

    If your record was sealed and the Journal Entry signed by the Judge was also sent to BCI, then it should not show as a conviction. You would have to either contact the lawyer who prepared the Motion to Seal Record or the Court that granted it in order to see if BCII was listed on that original Order or not. It doesn't really sound like you have the time or the patience to get that done now, so I would suggest simply focusing on the CPA test first and inquire about the record later, after the test is done. Frankly, I don't think you will have much to worry about at this point regarding a 10+ year old case that was sealed.

    I hope this answers your questions. Good luck with the CPA exam and beyond!

    Atty. Dennis A. DiMartino
    Youngstown, OH

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  • Do pending misdemeanor charges show on an FBI background check?

    I currently have a pending misdemeanor theft charge. I was wondering if this would show on an FBI background check? I was not arrested I confessed and my employer sent the information to the prosecutors office. I have not plead guilty or had my ar...

    Dennis’s Answer

    Unless lightning really CAN strike twice, you already asked this question. The attorneys who responded told you that the FBI record won't show anything YET, as you haven't been arrested, charged, or convicted. They also told you to hire a good, experienced criminal defense lawyer today and let him/her fight the battle for you, instead of you continuing to make admissions in a public online forum where literally anybody in the world can read what you wrote. I strongly suggest you do exactly this: 1) stop posting, 2) hire a good lawyer, and 3) let them take on this struggle for you.
    I wish you the best of luck in this and all your other endeavors.

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  • How much trouble will i be in?

    i am only 17. i was in the car with some friends and got pulled over. i was in the passenger seat and i had marijuana and oxycodone in the glove box as well as paraphernalia. the officer charged me with aggravated possession of drug, possession of...

    Dennis’s Answer

    Wow, you have a number of problems here. First, get some help and stop using drugs. You're going to keep getting in trouble with the law when you use them, but it will become more serious as time goes instead of less serious. You might find yourself involved in something really serious like a Murder, which will pretty much devastate you and change your life for the next 20+ years. So time to grow up, man up, shut up, and sober up.

    Second, stop posting things about your case, what you did, what you didn't, etc. online. You are tying your lawyer's hands when you make statements in a public online forum. The less said here, the better.

    Third, let your lawyer do the heavy work on this case. Just listen to what s/he says and trust her/his advice. You are too young to make decisions solely on your own, so trust your lawyer. S/He has probably had much tougher cases than yours, so just let them get your case properly prepared for Trial or a plea, and then listen to their advice!

    You have a lot of problems here, but the good news is that you CAN get through them, provided you are diligent, intelligent, and sober. I sincerely wish you the very best of luck in this case and beyond!

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  • Will misdemeanor theft charge show on an FBI background check? If the licensing application says convictions do I answer no?

    I have not been charged with the misdemeanor as of yet or plead guilty. As well I was not arrested I confessed to it and my employer sent the information to the prosecutor. As well I am going to be trying to obtain my social work license within th...

    Dennis’s Answer

    I agree with my colleague, Atty. Chris Beck: your criminal case should not show on an FBI background check....yet. You need to hire a good, experienced criminal defense lawyer right away. Doing so now might even prevent you from being charged at all. Or if you are charged, perhaps there is some flexibility in what crime is charged against you, given the fact that your moral conscience overwhelmed you and caused you to "confess" to your former employer. That means, perhaps you would only be charged with a lesser level Misdemeanor, something maybe not even in the Theft category (say Disorderly Conduct?). This could be very important to your future career!

    Hire counsel tomorrow. Get somebody on board fighting your battle for you, instead of you worrying about it, posting things like this online. It's a far better use of your time and resources.

    I hope this answered your questions. I sincerely wish you the very best of luck in this case and beyond!

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  • How much Lawyers usually charge for Expungement? And how the process works? One time only incident.

    How much Lawyers usually charge for Expungement? And how the process works? One time only incident.

    Dennis’s Answer

    It's tough to say accurately, as each lawyer sets his/her own fee when interpreting the case. I can guesstimate that fees on the low end would be $500 and the high end $1,500. The process begins by filing an application with the Court outlining the basic facts and stating that you are eligible to have the conviction/s expunged. The Court usually has the Probation Office then conduct a background check to confirm that you actually are eligible. The Probation Office will usually prepare a report or short letter telling the Judge the results of the background check. The Court may or may not schedule a Hearing in Court, where you would have to appear. A lot of Judges put the Applicant (you) under oath and have you answer some questions to confirm that you are not lying about your criminal past and to ensure that you don't have any active criminal cases pending at that time. If the Judge grants the Motion, your lawyer usually submits a proposed Journal Entry (Court Order) that is sent by certified mail to all the agencies involved in your original case, as well as the other national agencies (FBI, DEA, BATFE, etc.) It takes about 30 days for all those agencies to update their records and seal the records so that your conviction is not longer "public knowledge." You should be aware, however that a Google or other Internet search will often turn up some report of your arrest, prosecution, or conviction. So expunging or sealing a record is not a perfect "silver bullet" to the problems of your past.

    I hope this answered your questions. Good luck in your efforts here and beyond!

    Atty. Dennis DiMartino
    Youngstown,, OH

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  • I have a drug paraphernalia conviction from a bag my marijuana is in. Can I get a CCW in Ohio with this conviction

    Also am I even able to own a gun with this conviction? This is my only drug related conviction and I have no violent convictions, but do have some underage consumptions' from being a dumb kid

    Dennis’s Answer

    The short answers are: 1) no and 2) no. Your drug conviction, even though it was only a Misdemeanor, nonetheless still puts you under a legal "disability" to own, have, or use a firearm. And that's not only a State law, it's a Federal crime too! If you're caught with a firearm now, you're in serious trouble and headed to prison!!
    I agree with my colleague that you do have some options. Hire a good, experienced criminal defense attorney today and let him/her help clean up these problems for you. Good luck in this situation and beyond.

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  • If one person actually does a crime and another person is the lookout are they both charged with the same charge.

    one person stole something while another person was the lookout.

    Dennis’s Answer

    This is a MUCH better way to ask the question. The short answer is YES, both can and likely will be charged if law enforcement was aware of the lookout. All parties involved are liable to the same degree as each other. In other words, the lookout and getaway driver are punished for the same crime as the person who goes in the store with a gun or the person who actually steals the merchandise. The old addage is "In for a penny, in for a pound." The best thing that any person -- i.e. lookout, driver, robber, thief -- is to hire competent, experienced, criminal defense counsel ASAP! Good luck in the case and beyond.

    Atty. Dennis A. DiMartino

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  • How long can ohio law enforcement (Willoughby) keep misdemeanor 2 charges pending?

    I had 2two syringes concealed in my bra, and was told the charges would be pending the results of the DNA test. I was not arrested, but held in holding cell for a couple hours, not finger printed, (have previously been in another county) and they...

    Dennis’s Answer

    Well, the short and technical answer to your question is up to 3 years as Misdemeanor and up to 6 years as Felony charges. The law sets Statutes of Limitations for crimes and those are how much time the police have to file formal charges.

    Now, the real question you are asking is "When will the DNA test results come back and I get charged with these crimes locally?" Again, it's difficult to say, but typically those test results come back within 30 days. I would anticipate criminal charges being filed within 6 weeks from the day you were stopped.

    For now, I would strongly suggest that you: 1) contact and retain an experienced, aggressive criminal defense lawyer, so you can begin preparing for those charges and 2) have an honest conversation with yourself about "why" you were carrying syringes in your bra? If you had them because you are an addict, then get to an AA/NA/CA/HA meeting right away and start working on your sobriety. If you were carrying them because you were holding them for a friend, ask yourself if this friendship was really worth getting arrested, likely being charged with a crime, and facing jail time? The answers will come if you are truly and completely honest with yourself.

    I hope this answered your questions. Good luck in the case and beyond!

    Atty. Dennis A. DiMartino

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  • What happens when you violate your probation after being convicted of a misdemeanor for DUI? What are the repercussions?

    I was sentenced in March of 2013 and put on 2 years probation. I missed a meeting this month and was reported by my officer for violation. I have not had the money to do the DUI mandated courses but I have paid my fees on time every month. I am a ...

    Dennis’s Answer

    Your question is a little difficult to answer accurately because of a number of unknown variables including: have you had other problems with your PO? What is the demeanor between you and your PO? Did the Judge say something to you at Sentencing that "predicts" what will happen if you violate your Probation? etc.

    You absolutely must follow ALL terms and conditions of your Probation and what your Probation Officer tells you. Most people don’t have problems with their PO, but if you do run into problems, your lawyer could probably talk to your PO on perhaps a clearer level than you can, just based on dynamics.

    You didn’t have to serve all the time in jail because the Judge put you on Probation/Comm. Control. This means in really plain terms: if you get convicted of any other crimes or test positive for any prohibited substances, this Judge has the power to send you to jail for the original sentence that was suspended.

    If you even get charged with a crime, regardless whether a Misdemeanor or Felony, the Prosecutor in this case will file a Motion to Revoke Probation and ask to have you put in jail by this Judge for a potential Probation Violation.

    Even though you are presumed innocent on the new case, you would still have to sit in jail while the new case proceeds. The Judge would not likely let you out on bond, since it would appear you violated the conditions of the Probation/Comm. Control that he originally imposed. Most Judges view it like this: “If I trusted you and gave you a chance to avoid jail on the original case, and you turned around and got arrested for committing a new crime, that proves I cannot trust you at all. Since I can’t trust you to not commit crimes, I will just keep you in jail to make sure you don’t commit any more new crimes.”

    So please keep this in mind for the time you are on Probation/Comm. Control. Don’t commit any crimes, not even minor traffic offenses like Speeding, No Turn Signal, or No Seat Belt. If you follow the law and don’t commit any crimes, the PO can’t try to violate your Probation/Comm. Control and put you in jail/prison.

    The same thing goes for drugs and alcohol. If you test positive for street drugs or for a medicine that was not prescribed to you, they will try to violate your Probation. And if you get an OVI/DUI, you will be thrown in jail and have to sit while you fight out the charges. Please keep all this in mind for the rest of the time you are on Probation/Comm. Control.

    It sounds like you have 2 kinds of violations: missing meetings and not completing the DIP course as ordered. The Judge can resolve the second problem easily: he can just order you to serve 3 days in jail instead of doing the DIP course over the weekend. He can extend the time that you are on Probation for the first type of violation.

    I would ask my friends, family, and colleagues to borrow $50-$100 each and pay the money to complete the mandatory OVI courses, which I presume is the weekend DIP course. You can pay them when you get back to work. The last thing you want to do is show up in front of the Judge still having done absolutely nothing after you got notice of the Probation Violation.

    I hope that this answered your questions. Good luck in the case and beyond!

    Atty. Dennis A. DiMartino
    839 Southwestern Run
    Youngstown, OH 44514-4688
    Phone 330.726.7777 Ext. 4
    FAX 330.726.7779

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  • Why would a docket be changed from state vs defendants name to state vs JD in a criminal case

    For months docket was titled state vs defendants name. Now defendants name has been removed. It now reads state vs (JD) Why was it changed. What does it mean?

    Dennis’s Answer

    This is extremely unusual. the only occasion I've ever seen in which the defendant's name is changed to initials is when there is a juvenile involved. if this is a felony case that began in juvenile court but was bond over to the general division of your Common Pleas Court, that could account for the change.

    I hope this answers your question.

    Atty. Dennis DiMartino

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