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Ohio Questions & Answers
1 Answer | Asked in Criminal Law for Ohio on
Q: My grandson is 17 and been acused of aggravated robbery and he said he didnt do it,so I will like legal advise .

He is having a pre trial in the 20th of November I think ,I havent got the date on the mail.

Bruce Boerst
Bruce Boerst
answered on Nov 14, 2024

t’s understandable that you want to support your grandson through this challenging situation. Aggravated robbery is a serious charge, especially for a young person, and it's crucial he has strong legal representation to ensure his rights are protected. Here are some steps to consider:... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Ohio on
Q: If I open my door, to answer police who are knocking at the door, can they push they're way in w/o search warrant?

Is the act of opening the front door considered an invitation to come inside? Once inside, would they have to show a search warrant apon request? Furthermore, would they have to give they're names and badge numbers apon request. Would they be required to wear vest cams while executing a bench... View More

Bruce Boerst
Bruce Boerst
answered on Nov 14, 2024

In Ohio, opening your door to police officers does not automatically grant them permission to enter your home without a warrant. The Fourth Amendment protects against unreasonable searches and seizures, and entry into a residence typically requires a warrant or the resident's explicit consent.... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Ohio on
Q: I was sentenced for a crime yesterday. After sentencing I left court. The balif came out and said I had to do it again

Because of a recording error. The balif said "this will help you in the long run" So the judge repeated the sentance again. Double jepordy?

Bruce Boerst
Bruce Boerst
answered on Nov 14, 2024

The situation you described does not appear to raise a double jeopardy issue. Double jeopardy, protected under the Fifth Amendment, prevents an individual from being prosecuted or punished twice for the same offense after a final judgment. However, your scenario likely involves a procedural error... View More

2 Answers | Asked in Probate for Ohio on
Q: my mother-in-law passed away and we need her brother to sign saying we get her car. What form in Ohio will he need sign
Aaron Epling
Aaron Epling
answered on Nov 11, 2024

If you mother-in-law left a surviving spouse, then they can go to the title office and give it to whomever they want. If that is not the case, then you may need to file a release from administration at the probate court. A number of factors can influence this, so I can't go any further.... View More

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1 Answer | Asked in Civil Litigation, Legal Malpractice, Medical Malpractice and Small Claims for Ohio on
Q: Recently was left to die at aTransit Center while a supervisor on duty did not assist or aid me to recovery .

Is this negligence? I called Medics after the Transit center didnt, I was abandoned by representative who was driving the paratransit buses. Once.medics arrived, they performed a series of test, I was then transported by ambulance in which I was hospital with symptoms of a stroke. The public... View More

Tim Akpinar
Tim Akpinar
answered on Nov 8, 2024

An Ohio attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. It looks like you're basing your claim on a breakdown in the services of a public carrier, necessitating the need for EMT response?? It sounds like it would be a weak case. This is... View More

2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Q: Contract dispute over house square footage that was misrepresented.

We signed a contract to purchase a house for a specific sale price. The property was presented to have 1844 square feet. I thought it felt smaller and when I asked the realtor said wait for the appraisal to see. After appraisal it was noted the sale price was within market range but the actual... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Nov 6, 2024

For a more thorough answer an attorney would need to review your purchase agreement. A standard purchase agreement would have an appraisal contingency. However, the contingency is usually fulfilled if the property appraises for the amount of the purchase price. With the square footage being off,... View More

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2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Q: Contract dispute over house square footage that was misrepresented.

We signed a contract to purchase a house for a specific sale price. The property was presented to have 1844 square feet. I thought it felt smaller and when I asked the realtor said wait for the appraisal to see. After appraisal it was noted the sale price was within market range but the actual... View More

Joseph Jaap
Joseph Jaap
answered on Nov 6, 2024

Most house listings have a disclaimer stating that the information is not guaranteed to be accurate, and buyer should verify it. Most purchase contracts also state that any statements by agents are not to be relied on by buyer. Most purchase contacts also advise buyers to get whatever inspections... View More

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2 Answers | Asked in Probate for Ohio on
Q: My grandmother passed and left her home to my mother and my uncle. My mother has passed as well. I would like to buy

I would like to buy the property from my uncle but need to know what to do to get my mother's name off of the deed or how to move forward

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2024

If you mother was unmarried, and you are her only child, then you can file an affidavit for transfer and record of real estate inherited. This will transfer her interest to you. Here is a model ford for cuyahoga. You will need a county specific form for wherever the property is located.... View More

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2 Answers | Asked in Personal Injury, Traffic Tickets, Car Accidents and Municipal Law for Ohio on
Q: While backing out of driveway at night got broadsided dead-center. Who is at fault?

In NE Ohio at 7:25PM few days ago backing out my car with lights from a driveway looking both sides onto a rural highway(single lane two way 55mph highway). Get broad sided dead center(between front and back passenger door) by another car. Question is, who is at fault. Got cited by the cop for... View More

Bruce Boerst
Bruce Boerst
answered on Nov 14, 2024

'm sorry to hear about your accident. Determining fault in such situations involves understanding Ohio's traffic laws and the specifics of the incident.

Ohio Traffic Laws:

According to Ohio Revised Code § 4511.44, when entering or crossing a highway from a place other...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Ohio on
Q: My apartment neighbor is constantly loud and obscene at practically all hours. How do I get rid of her?

For the last several months my downstairs neighbor has caused nuisance by shouting at her dog, other people, really anything. She is loud and obscene, cussing in every other word and often picking fights with people especially if her dog chases after their pet. I and several other tenants have... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 23, 2024

Have you spoken to the tenant directly? Do that first. You can also write to her so that there is documentation. Write to your landlord as well, to document attempts to resolve the issue prior to filing any lawsuit. If no action is taken, some townships or counties allow a tenant to escrow rent if... View More

2 Answers | Asked in Bankruptcy and Collections for Ohio on
Q: Can a creditor garnish my SSI/bank account if that is my only income?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 23, 2024

A creditor may issue a garnishment to your depositary institution, which puts a (bank) hold on your account, but it is on you to file a prompt Objection (in PA, your Objection is filed with the issuing Sheriff, and must be filed in ten days from date of garnishment summons). And your bank... View More

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1 Answer | Asked in Personal Injury and Medical Malpractice for Ohio on
Q: Contacted Histoplasmosis in 2018 from 3 years on Humari. Is it too late to get compensation for pain and suffering

Histoplasmosis started in Lung and traveled to left eye. Took shots in eye for a year. Still have problems driving and has prevented me from going places. Have nodule in lung and scarring

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2024

An Ohio attorney might be in the best position to answer, but your question remains open for three weeks. I'm sorry for your ordeal. The best way to answer your question could be to reach out to law firms that have experience with cases involving Humira (adalimumab). A local attorney should... View More

1 Answer | Asked in Car Accidents and Personal Injury for Ohio on
Q: illegal left turn making me swerve them and crashing am i able to still sue? weboth have liability theirs is denying me

someone made an illegal left turn in front of me causing me to swerve them and crash. her insurance is denying liability since there’s no proof she caused it since we didn’t come in contact. (she did go into a local allstate unit and it was obvious she was in the wrong even tho they didn’t... View More

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2024

I'm sorry about your accident. A Pennsylvania attorney could advise best, but your question remains open for three weeks. From a textbook standpoint, yes, you have a case. Although the other vehicle did not make contact with you, it appears that they were the cause of your accident. From a... View More

2 Answers | Asked in Real Estate Law for Ohio on
Q: How should I proceed if a surveyor put in a new property pin approximately 4.5 feet from a previous?

My neighbor hired a surveyor who put in a new property pin and staked the property line. The new property pin is approximately 4.5 feet from the previous one. The previous pin is listed on my Warranty Deed. The triangle shaped staked area in question cuts through my carport. My carport has been in... View More

Joseph Jaap
Joseph Jaap
answered on Oct 16, 2024

Talk to the surveyor who set the new pin and compare to the plat or legal description of your parcel. You might have to hire your own surveyor to confirm your boundaries and determine if the carport encroaches. Even if there is no encroachment, it might not meet the zoning setback requirements.... View More

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2 Answers | Asked in Real Estate Law for Ohio on
Q: How should I proceed if a surveyor put in a new property pin approximately 4.5 feet from a previous?

My neighbor hired a surveyor who put in a new property pin and staked the property line. The new property pin is approximately 4.5 feet from the previous one. The previous pin is listed on my Warranty Deed. The triangle shaped staked area in question cuts through my carport. My carport has been in... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Oct 17, 2024

It is important to note that monuments and landmarks take precedent over surveys from legal descriptions. If the monuments have been placed there some time ago, you need to discuss the issue with your neighbor. Otherwise, you have a boundary dispute and the Court will determine whether the... View More

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1 Answer | Asked in Criminal Law for Ohio on
Q: I had the police show up at my house today. I didn't answer and they refused to discuss over phone. What do I do?

My ex has had me arrested twice before and he just lost in court against me so whatever this is is retaliation. I'm terrified of cops to the point of panic attacks. I don't know how to handle this.

Joshua Mulligan
Joshua Mulligan
answered on Oct 15, 2024

If you were a victim or witness to a crime the police would probably be nice and give you some information over the phone. It sounds like you are being treated as a suspect.

It is almost always a bad idea to speak to the police. Their purpose in speaking to you is to get you to say...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Ohio on
Q: I don’t want to infringe on this patent. If my system does not attach to shelf and does is not adjustable in depth would

Patent Claims

1. A method for wire shelf restoring by altering the visual aesthetics of a wire shelf comprising:

providing a top surface covering capable of defining a plurality of depth dimensions;

adjusting the depth of the top surface covering to a predetermined shelf... View More

Sarah Teresa Haddad
PREMIUM
Sarah Teresa Haddad pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 14, 2024

To directly infringe a method patent claim, a person must have practiced all the steps of the claimed methods. Hence, if the referenced method, is the full method in that particular claim, you will not infringe it if not all of these steps are carried out. If another party under your direction... View More

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2 Answers | Asked in Personal Injury and Products Liability for Ohio on
Q: Can I file a lawsuit against a vape company from when I got pneumonia a couple years ago? March 2022 to be exact.

I was hospitalized for 2-3 days. I had Necrotizing Pneumonia which is rare in someone my age.

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

Likely no, even if the SOL hasnt tolled, it's a super weak claim. To pursue this kind of case, you would likely need to show that the vape product was defective in some way (e.g., contained harmful chemicals or wasn’t properly labeled with health warnings) and that this defect directly... View More

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2 Answers | Asked in Personal Injury and Products Liability for Ohio on
Q: Can I file a lawsuit against a vape company from when I got pneumonia a couple years ago? March 2022 to be exact.

I was hospitalized for 2-3 days. I had Necrotizing Pneumonia which is rare in someone my age.

Tim Akpinar
Tim Akpinar
answered on Oct 13, 2024

An Ohio attorney could advise best, but your question remains open for two weeks. Your first step could be to look into the timeliness of your claim. When it comes to statutes of limitations, it would be best for local attorneys to advise. However, simply from general information that anyone could... View More

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1 Answer | Asked in Estate Planning for Ohio on
Q: My Mom and deceased Aunt's estate have joint ownership of a house. In this case, which is better a will or a trust?
Beverly A Stull
Beverly A Stull
answered on Oct 11, 2024

First your mother will have to get the house in her name alone. Depending on the wording of the deed, that may require probate or an affidavit. Then your mother can do her estate planning. A will does not avoid probate, but there are other ways. A trust avoids probate. She should schedule a... View More

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