Archived
How can a tier 2 sex offender charged with unlawfully sexual conduct with a minor not on probation offence 10 yrs get gun rights
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Answered on July 26, 2018
A convicted felon may have their right to own and possess firearms restored by applying for "Relief from Weapons Disability" in the Common Pleas...
Can I have a OVI case reopened to lessen the sentence?
Daniel's answer
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Answered on December 07, 2017
There are mandatory minimum penalties for OVI convictions. To "reopen" the case for purposes of addressing the portions of the sentence beyond...
Archived
How's it on my record if he dismissed it and how can I get it removed
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Answered on February 19, 2016
I agree with my colleagues that your case was probably not dismissed. A guilty plea followed by referral to a diversion or first offender program...
Archived
What is the length of time you will be in county jail while waiting on a speedy trial if bond cannot be posted. he didn't waive
Daniel's answer
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Answered on December 28, 2015
The simple answer to your question is that speedy trial time on a felony charge is 90 days from arrest if held in jail in lieu of bail. But it...
Archived
Minor misdemeanor marijuana ticket in Ohio: is "unwitting possession" a good defense?
Daniel's answer
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Answered on December 23, 2015
In Ohio, possession of a controlled substance requires proof of the element of knowledge. But the issue of knowledge is not often cut and dry. It...
Archived
Can he skip going to the halfway house to do the rest of his time on home confinement? What's the process he has to go through?
Daniel's answer
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Answered on December 14, 2015
A motion to modify sentence will be required. Absent any error in the original sentence, it will be solely within the discretion of the judge to...
Archived
What Are The Laws For Drug Paraphernalia?
Daniel's answer
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Answered on November 11, 2015
The law you've cited refers to the United States Code. Similar language can be found in the Ohio Revised Code 2925.14. Essentially, both require...
Archived
First time theft charge , prosecuted said I'm eligible for the exspounge program
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Answered on November 11, 2015
Abstinence from drugs and alcohol are often conditions of probation, and you can be subject to random screens. It's best to be honest with...
Archived
If someone was under house arrest and violated probation, was sentenced to 60 days in jail, can sentence be reduced?
Daniel's answer
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Answered on November 11, 2015
Yes, your sentence can be modified. But it is at the sole discretion of the judge and you better present a good reason why the sentence should be...
How can a specification to an ovi carry more time than the main charge of an ovi?
Daniel's answer
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Answered on November 11, 2015
The simple answer is that the spec is treated as a constitutionally valid sentence enhancer. And no, the same elements are not needed for an F3 OVI...
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