James R. Schimanski's Answers

I was served with court papaers for a forclosure house im not the person who there looking for what should i do?

If you were served with a civil complaint and share the same name as the person they are attempting to sue, you should notify the court immediately in writing. In fact you may even want to file an answer denying the all of allegations in the complaint just to protect yourself. I had a client a similar situation several years ago. He was served with a complaint intended for someone else. He did nothing. They took a default judgement and put a lien on his property. It was much more...

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I was charged with felony identity theft for lying to an officer about my identifiication while being pulled over

If you were charged with a felony, under the scenario you describe, it is not likely you were convicted a felony. For any conviction you would have had to be brought before a judge/magistrate and enter a plea or have had a trial. I have scene many situations where a person was arrested and brought before a judge/magistrate for a bond hearing and they enter a no contest plea or not guilty plea are released with credit for time served. Usually these are misdemeanor convictions. I...

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I have 3 misdemeanor[Drug]DUIs,No alcohol involved.I never hear anyone but me with this offense.

DUI's in Ohio are not permitted to be expunged. Also since you have multiple convictions you are not eligible, since you are not a first time offender. Please feel free to contact me regarding how to address getting licensed and finding work in your profession with a criminal record. I have successfully counseled several clients in your situation in the past.

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I am married and my husband and I are in 60k debt,30k is in my name unsecured. Can I file for debt manag.w/o affecting my spouse

To answer your question, yes you can file for bankruptcy on your own and not effect you husband's credit. I can understand your husband's reluctance to seek debt relief. However, I think that both you and your husband should seek the advise of a competent bankruptcy lawyer. Their is technique used in bankruptcy called lien stripping, where if both file depending on the bankruptcy court's appraised value of your home and the amount owed on your first mortgage, you may be able to discharge...

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When Can A Criminal Defendant Subpoena Witnesses?

I have subpoenaed witnesses to appear at the initial arraignment, which is the first court appearance. I typically will do this if I want to present information for the court to consider regarding my client's bond.

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Probation & Residency Requirements

In Ohio, generally the courts will permit you transfer your probation. If your son, does not transfer his probation, he may find himself driving to Stark County to report to his probation officer. He should discuss this with his lawyer. Hopefully someone made the judge aware of the fact he is a Stark County resident when he was sentenced.

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I was picked up on allegations but was never charged can i still be revocated???

You have provided essentially no factual background to situation. Thus it is difficult to answer your question. The burden of proof needed to prove a criminal charge is greater than what is needed to prove a parole (post release control) or probation (community control) violation. Also the rules of evidence that apply at a criminal trial do not apply at a revocation hearing. The constitutional protection against illegal search and seizures does apply and can be raised during the revocation...

Travel to Canada

My clients that have been turned away entering into Canada for OWVI or similar driving charges involving alcohol or drugs have had not only their home state (the state that their current licensed was issued but also previous states in which they were licensed. One had 20+ year old convictions in Florida that the Canadian authorities were able to pull up. My guess is they have access to various state agencies as well as the National Driving Registry in Washington D.C. They also have found...

My son was arrested for possesion of a marijuana pipe. no previous arrests. does he need a lawyer to assist him

In Ohio the charge of possession of drug paraphernalia for possessing a marijuana pipe is a misdemeanor of the 4th degree which mean your son could receive a penalty of 30 days in jail and a fine of $250.00 plus court cost. e In addition to any other sanction imposed upon your son, the court is required to suspend for not less than six months or more than five years tyour son's driver’s or commercial driver’s license or permit. Also if your son is a professionally licensed person the court is...

My brother jus got charge for complicity assault.its a first degree and misdemeanor.

Your brother needs to high an experienced criminal defense lawyer. Since he is 18 he is charged as an adult. In order to prove complicity the State will need to prove that your brother solicited or procured his friend to commit the offense; aided or abetted in committing the assault, or caused his friend who is innocent or an irresponsible person to commit the office. You can review the complicity statute here. http://codes.ohio.gov/orc/2923.03 Driving the vehicle alone most likely...