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David B. Benowitz
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David Benowitz’s Answers

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  • If you have a non violent felony and owe resitution can you obtain a passport?

    this issue is more than 8 years old and there is no previous or post issues.

    David’s Answer

    Your best course of action would be to consult with an attorney who specializes in immigration issues, as your question touches on issues that implicate both immigration and criminal law and procedure.

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  • Inmate Confession in Group Counseling

    Inmate A is convicted of aggravated murder and claims he didn't actually wield the weapon. Inmate B is convicted of aggravated murder and maintains his innocence. Inmate A, in group counseling (with Inmate C) during his first couple of years in pr...

    David’s Answer

    Although I am not licensed to practice law in Ohio, it appears that there are several issues that are raised by your question. First, does Ohio recognize a doctor-patient or psychologist/counselor-patient privilege? Second, how far does the privilege extend; to licensed counselors or social workers, as many counselors who work in prisons are not licensed psychiatrists or psychologists. Finally, does the privilege extend to group counseling. My initial impression is that the "confession" would not be privileged because it was made within the hearing of a non-counselor, Inmate C. That is an interesting question that may require extensive research.

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  • Armed robbery

    my son is being charged with party to an armed robbery. He gave a lift to some friends in the area where an armed robbery occurred. His vehicle was not seen anywhere near the crime, but the description: Dark-skinned black male wearing jacket and ...

    David’s Answer

    It's unfortunate that you've exhausted the funds you so admirably put forth. However, the state's attorney must still respond to the motions the private attorney has already filed. If a public defender or court-appointed attorney takes over the case, they may be able to supplement those motions in writing if necessary, and will be able to orally argue them in court at the appropriate time. The judge in your son's case will rule on them at some point. I wish your son well.

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