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Michael Stephen Probst

Michael Probst’s Answers

32 total

  • How much will it cost to have 2 misdemeanor charges expunged in the state of Ohio?

    I have 2 misdemeanor (theft) charges from 2012 & 2009 in the state of Ohio. I want to know the approximate cost to pay to get them expunged. The only bad thing is I now live in California so i won't be able to go there and be in court in person so...

    Michael’s Answer

    It depends largely on in what county are the charges and what are the requirements of the court in that county on expungement matters.

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  • Rule 11 section B.2, states "a no contest plan can not be used against you in any subsequent civil or criminal case."

    What does this mean?

    Michael’s Answer

    A no contest plea means that you are not contesting the facts of the case, but you are not admitting guilt. If there are sufficient facts in the case to support a charge then a judge will find you guilty. A classic example of a no contest plea is used when you get into a car accident that is your fault and you cause injury to another person. If the insurance companies are fighting over the damages, the last thing that you want is for the injured party to sue you and use a guilty plea in court, or the fact that you paid a ticket against you in the civil case for monetary damages. If you enter a no contest plea, then the injured party can't use that plea against you if they sue you.

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  • How do i go about asking the judge for an extension on my fines.

    I owe Stow Municipal roughly $1100 tomorrow for restitution & court costs. I was ordered to pay the amount in less than a month after Judge Hoover found me guilty. I do not have a PD assigned to me because they never gave me a chance to get one un...

    Michael’s Answer

    The best way to go about this is to contact your probation officer if you have one and see if they can get you in front of the Judge. You may also be able to show up to court and speak with the Bailiff. Usually you will be able to get this done without having to file a formal written motion.

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  • The mechanic has had my car for nearly a year. Says he can't fix it because his bay door is broken. Can I sue?

    May 4 my car was towed to Lonnie's Garage. June 16 I paid for replacement motor. It is still there collecting dust.

    Michael’s Answer

    There is not enough information to answer this question. Has he performed any work on the car> If so, he may have an artisan's lien for work performed. You may need to pay him for work performed.

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  • Can my landlord bring other people into my apartment with him for an inspection?

    The landlord likes to bring other people with him for no legitimate reason.

    Michael’s Answer

    This depends on the terms of the lease, but generally the landlord, as owner of the property, can bring in other people to inspect the property.

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  • Is there any way to get off of a mortgage loan

    My ex-wife and I have a home together in the decree we agreed to sell the house but with the way the market was and is it won't sell. She moved back in so it wouldn't go to foreclosure and agreed to refinance when able but the house due to the mar...

    Michael’s Answer

    If there is someone else on the loan then you would need to refinance the loan and get a release from the bank.

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  • I am 16yrs old and I committed petty theft and this is only my first offense ever what is going to happen to me?

    I have learned my lesson and decide to surround myself around new and better people. I was under the influence by my best friend and now i have no choice but to create my distance with. I am fearful of what my punishment will be but i know i deser...

    Michael’s Answer

    The great thing about juvenile court that is different from municipal court or the court of common pleas as an adult is that in juvenile court the standard is doing what is in the best interest of the juvenile. There are often diversion programs available for those juveniles who qualify. A good attorney may be able to ultimately get the case dismissed and sealed following an open period of probation. You definitely should contact an attorney. If you would like to speak I would be happy to talk with you about this.

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  • In Federal Criminal Court after a plea at what point does the PO speak with family, employers, etc if at all?

    Husband pled guilty and the PO said that he would be speaking with me and his son. So far he has not called.

    Michael’s Answer

    It depends on what the matter is of course, but certainly following a criminal plea and prior to sentencing, a PO will prepare what is known as a Pre Sentence Report or PSR. The PSR interview is a formal interview of the criminal Defendant and any witnesses or family members to be used by the PO in preparing the actual written PSR, which is then presented to the Judge to aid in sentencing. You can always reach out to a PO if you believe that you have something noteworthy to provide to a case.

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  • What normally happens to first time offender for solicitation sex for hire

    Got summons at scene to appear at court what normally happens in this incident

    Michael’s Answer

    I frequently handle solicitation cases throughout Ohio for both men and women. First, you should know that if you are actually convicted, which is certainly avoidable in many circumstances, you do NOT need to register as a sex offender. Many jurisdictions take these cases very seriously because of the human trafficking aspect of the case and police have been cracking down hard on these cases. In some jurisdictions, diversion may be available as an option instead of a conviction, but that is not the norm. There may be defenses to the charge. It is important that you speak with an attorney who handles these types of offenses regularly.

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  • How long does a DUI stay on your record (driving and municipal court) that happend 3 years ago.

    Just wondering how long does a DUI stay on your record, It happened 2-3 years ago in Bowling Green, when i got stopped, i live in Toledo ohio. Can it be expunged from my record after that date. Very difficult finding and expensive car insurance.Ju...

    Michael’s Answer

    Under Ohio Revised Code Section 2953.36, offenses under Chapter 45 of the Ohio Revised Code can't be expunged. Since an OVI offense (R.C. 4511.19) falls under Chapter 45 of the Ohio Revised Code, it is precluded from expungement. I'm sorry to report this.

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