Richard Jay Goldberg's Answers

Legal repercussions for an 18 year old boy dating a 17 year old girl in Ohio.

Good question. If you dont have sexual activity you are ok. Even when she becomes 18 you are always at risk of being accused of forcible sex so be careful with the women who you date or associate with of course. If you have sexual activity with a 17year old you are correct in that it can be regarded as corruption of a minor if she or her parents wish to attempt to press charges. Always avoid a situation where the female becomes intoxicated or impaired by drugs because you can be guilty of...

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A traffic violation results in a fine, court costs, DMV reinstatement fee and a FRA suspension.

The Ohio courts have ruled that this is not double jeopardy. The traffic penalty is criminal. The BMV actions are not considered punishment in Ohio so there is no jeopardy. I know this makes no sense but this is how our courts have ruled.

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I was charged with paraphenalia possesion. I was sentenced to 6 months probation and 6 months suspended license.

You need to put yourself in the best possible position when you go back before your judge. That means you need to get drug free as soon as possible and go to court with a good plan so the judge can give you another chance to avoid jail or a harsh consequence. You can possibly postpone the court case in order to become clean.

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Which is easier to prove mental illness or insanity

Mental illness is easier to prove. You can have a mental illness but not be legally insane. To prove the defense of insanity, you must have a mental disease or defect which makes you unable to conform your conduct to the law essentially. Legal insanity is a difficult standard to prove and you normally would need expert psychological and/or psychiatric testimony to establish legal insanity. Family history is certainly taken into consideration as well as substance usage and abuse. But they are...

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She lied about her age!

You should not talk about this to anyone anymore whatsoever.No more online postings about the facts. You must talk to a criminal defense lawyer as soon as possible before saying anything else. Above all do not talk to the police. You have a constitutional right to stay silent so exercise that right and if contacted by the police tell them you are going to talk to a lawyer first and not talk to them at all. You may call me first thing Tuesday morning.

Could a possession of marijuana ticket be dropped if officer issued citation out of jurisdiction?

Police officers do have state wide jurisdiction. There have been cases holding that if an officer is out of his jurisdiction it does not invalidate the citation.

Is there a way i can get a recite for my warrent?

Possibly. It depends upon whether it is a felony probation violation or a misdemeanor violation. It is more likely to be able to get a recite or a citation for a misdemeanor. A felony will surely require a physical arrest unless some different terms can be worked out with the probation officer. This type of case is best handled by an attorney.

I live in Ohio, I had a DUI in 1998, a felony(theft) in 2001, is there anyway i can get my record expunged?

No. A dui cannot be expunged. And a dui conviction disqualifies you from expunging the theft charge. Thats the law in Ohio. Now if a judge will grant an expungement and the prosecutor does not object or appeal it then you may be able to get it done but its highly unlikely the judge will not follow the law. This other person you refer to could not have gotten it done if she was in the exact same situation as you.

In Ohio, can charges of theft and drug posession be expunged immediately after grand jury "no bill?"

No. After a case is ignored by the grand jury there is a 2 year waiting period before you can apply for the expungment.

I am being charged with the theft of two jackets under the amount of 75$ by the state of Ohio. What could I be looking at

You are looking at a misdemeanor of the first degree punishable by up to 6 months in jail and a $1000 fine. Maybe you can enter a diversion program. If this is your only offense and you are convicted you may be eligible for expungement in the future.