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Brian Hester’s Answers

59 total

  • I want to know what steps to take to apply for ohio statute 2923.14 relief from weapons disability

    i want my right back to own a gun

    Brian’s Answer

    The statute you cited explains the process well. You have to file a civil complaint in your Court of Common Pleas that complies with the requirements described in the statute you cited, pay the filing for a civil complaint, name the State of Ohio as the opposing party and serve a copy of the Complaint on the county prosecutor.

    If you are unsure how to proceed, retain an attorney, especially one that may have experience in such petitions. I'll tell you that you shouldn't be surprised to find out that most attorneys have probably never filed such a petition either.

    Your posting on this website is the first time I've had this issue come up, for example.

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  • Is it mandatory to appear in front of a grand jury as a witness in the state of Ohio?

    Question about Grand Jury, rules and laws.

    Brian’s Answer

    Agreed with John. We don't have enough of the right information to make a determination if you have grounds to fight the subpoena (which would require a Motion to Quash, do not simply ignore it.) You do not have a right to have your attorney present during your testimony to a grand jury because those proceedings are required, by law, to be secret. Therefore, you need to consult with an attorney beforehand and explain the situation as best you can so you know whether you need to assert any privilege such as the Fifth Amendment right against self-incrimination. The prosectuor could offer you use or derivative immunity to still force you to testify to defeat your Fifth Amendment assertion. You need to discuss with an attorney the different types of immunity you may be given (if this applies to your situation), and have your attorney negotiate the terms with the State beforehand.

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  • I got an OVI in Ohio yesterday morning. Its my first and only. How huch better are my odds if I decide to hire an attorney.

    He pulled me over for failure to comply because he shined a flash light at me. I didn' know it was a cop. He was at the residence I was returning to. It was a family members home and I pass it anyway because the house is hard to spot. I usually sp...

    Brian’s Answer

    As usual, I agree with Meadows... :)
    You have three attorneys saying your odds would be better with an attorney. That's not as strong of a statement as it sounded in my head.

    But you need an attorney who can properly use the facts of your case to maximum benefit and file the necessary Motion to exclude all evidence from what sounds to be an unjustifiable stop.

    Did you submit to a breath test? An attorney can also assist you in getting limited driving privileges during any mandatory suspension you received as a result of the OVI citation.

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  • Where can i find the Ohio revised code book (criminal) to buy?

    My son is incarcerated in Scioto County, Ohio, Inmates there have no access to any books at all concerning the law, except what their families bring into them. I cannot seem to find this book that is so needed for the inmates.They have questions l...

    Brian’s Answer

    First, the Ohio Revised Code is Ohio's statutory law. It's unlikely to provide the answers you seek. You're asking questions that is best answered in reviewing Ohio's case law (appellate decisions.)

    Your questions suggest to me that your son is in jail, and not SOCF in Lucasville. So, I'm presuming that means he's awaiting trial. Your son should have court appointed counsel if he cannot afford an attorney. These are the kind of questions your son's attorney should be giving him answers to.

    I haven't researched the issues, but I'd be surpirsed to believe that a person could not be "identified" through the windows of a vehicle. Also, remember that all the police need to make an arrest (charge) is probable cause, which is low evidentiary standard. Depending on how open the owners meth operation was, what was on your son's immediate possession and any statements he or the other occupants of the house made about your son's reason for being there, I'd presume that the officers raided the house and presumed that any occupant of the house knew of the meth operation and was either assisting in the production or using or purchasing meth. Either would be sufficient probable cause to make an arrest, but may not be sufficient to get a conviction which requires proof beyond a reasonable doubt.

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  • Is a 3 day notice given on Facebook legally enforcable or even legal at all?

    I woke up this morning and got onto my computer in my inbox on facebook was a three day notice to vacate the premises. I live in Columbus, Ohio and was always told that it had to be in written form taped to your door or deliver to your home by ma...

    Brian’s Answer

    No, that's not legal notice under Ohio's Landlord-Tenant Law, R.C. 1923.04, which requires service by either certified mail, return recipt request, or by serving you personally, or posting it conspicuously at your residence or leased premises.

    Facebook is not recognized under Ohio's law as a means of serving a Notice to Vacate Premises.

    Failure to comply may give you grounds to have the court dismiss the action (however, the landlord can refile once he complies with the required service).

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  • I am facing eviction in about 2 weeks from an apt. that I have rented for @15 months the original landlord was forclosed on

    what should i expect at court the bank has never contacted me directly only through a realtor who is eager to auction the property do I have the right to demand that the parties who are at the hearing prove that they are the actuall owners or ha...

    Brian’s Answer

    Mr. Lambert is correct. There is a recently enacted federal statute that has additional requirements when the situation is due to a bank foreclosing against the landlord.

    You will eventually have to move. The bank, or the party that purchases the property after the foreclosure proceedings, is not required to honor your lease.

    Your first hearing should be what's called a "First Cause" hearing. It's a short trial hearing that requires the calling of witnesses and evidence. At the hearing, the Plaintiff must prove that they are the owner of the property or the property manager for the owner, that you are a tenant at the property, there is an asserted legal grounds for them to demand that you vacate the property, and that you've been properly served the required notice.

    If successful, the Court will issue what's called a Writ of Restitution. It's essentially a court order declaring that the landlord/property owner is legally entitled to retake possession of the leased premises from you. The Court will ask you how much time you need to move out and tell you whether they'll give you that much time or not. You will not be served the Writ that day. It typically takes a few weeks after the first cause hearing for the baliff to show up to "put you out." In other words, put your belongings out and enforce the Writ.

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  • Should we fill out a witness statement if we are suspects in a felony theft case?

    My boyfriends mother had a ps3 and a tv stolen from her room in our home while we were home. The cops are eliminating the 2 suspects that we have given them due to false aliby and making us suspects. Should we fill out witness statements or can i...

    Brian’s Answer

    You have the right to remain silent. Anything you say will be used against you in a court of law. Sure, they say MAY be used against you, but it should be WILL.

    Anything you write in that statement is admissible at trial, whether you testify or not as an admission of a party opponent.

    You know what else is in those Miranda warnings?

    You have the right to an attorney during questioning...

    I'd exercise that right.

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  • What can i do to stop my current employer from discussing my medical history?

    I work with kids and back in June i was in the hospitail on a mental health issue. One child i work with who is 9 yrs asked me about it and knew some of the details. Also, another employee has given my info out to others and now some refuse to wor...

    Brian’s Answer

    Consult with a lawyer immediately. How does your employer know about your hospital care? Is it's solely from the fact that the health insurance you received from your employer? Regardless, you might have a federal HIPPA claim as well as potentially state common law claims.

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  • Bashing from a fomer employer

    I had a interview set up my second with a company my former employer does business with. All the ref. that I gave gave me a good recommendation. then someone from the hiring company and was talking to a non management person and they had bashed me...

    Brian’s Answer

    The problem is that you said that the statement came from a non-management person which means chances are the former employer is not liable for the untrue statements. If you know what this person said and their identity, then you should contact your former employer and notify them of the situation and ask that this person be reminded that all job references should be made by relevant management or H.R. If they refuse to do, then their failure to take corrective action may open them up to a slander claim.

    Separately, if the non-management person made untrue statements of fact (not opinion, likely they simply wouldn't recommend that you be hired), then you might have a slander action against that person for costing you employment.

    I suggest you consult an attorney to evaluate these claims better and see if she or he can resolve the situation with your former employer outside of litigation. If your former employer was otherwise giving you a good reccomendation, then chances are they're willing to help you.

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  • Can i sue my employer for wrongful termination they are an at will company

    my boss fired me without reason but they are an at will company

    Brian’s Answer

    You cannot sue your emplouer simply because they fired you without reason. Termination "for cause" or "without cause" is an issue significant to whether or not you may be entitled to collect unemployment benefits. But that is an administrative issue, not one for a court of law.

    Generally speaking, if your employment is "at will" you can only sue for wrongful termination if the termination was based on a form of discrimination prohibited by state or federal statute or otherwise violates a public policy.

    An employer can fire an "at will" employee for no reason, good reason, or even a bad reason (they don't like Browns fans, for example) so long as the reason wouldn't constitute as a legally recognized form of employment discrimination.

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