This information is for educational purposes only and does not constitute legal advice or create an attorney-client relationship. For advice on your specific situation, please contact our office.
Criminal Law
Police want to question me about a felony investigation in Ohio. What should I do?
You should state clearly and politely that you are exercising your right to remain silent and that you will not answer any questions without an attorney present. This is the single most important step you can take to protect yourself. Anything you say to law enforcement can be used to build a case against you, even if you believe you are innocent. Contacting an attorney immediately is critical to defending your rights from the very beginning.
What is the difference between a felony and a misdemeanor in Ohio?
The primary difference is the severity of the potential punishment. Misdemeanors are lesser offenses, typically punishable by up to 180 days in local jail and/or fines up to $1,000. Felonies are serious crimes, categorized in degrees from first to fifth, and are punishable by imprisonment for longer than one year in a state penitentiary, significant fines, and a lifetime loss of certain civil rights.
What happens at an arraignment?
An arraignment is your first formal appearance in court after being charged. During the hearing, the judge will inform you of the specific charges against you, advise you of your constitutional rights, and ask you to enter a plea (typically not guilty, guilty, or no contest). The judge will also set the conditions for your bond and schedule future court dates. It is highly advisable to have an attorney represent you at this critical stage.
I was only charged with a misdemeanor. Is it serious enough to need a lawyer?
Yes. In Ohio, even a misdemeanor conviction can result in a permanent criminal record, which can affect your employment opportunities, housing applications, and professional licensing. Fines, court costs, and potential jail time are also serious consequences. It is always wise to consult with an attorney to understand your rights and protect your future.
Can my criminal record be sealed or expunged in Ohio?
Ohio law allows for the "sealing" of records for many types of convictions, which essentially removes them from public view. The eligibility requirements depend on the type of offense, the number of prior convictions, and the time that has passed since the case was closed. The process is complex and requires filing a formal application with the court. An attorney can determine your eligibility and guide you through the process.
Business Law
I'm starting a small business in Ohio. Do I really need to form an LLC?
While not legally required, forming a Limited Liability Company (LLC) is one of the best ways to protect your personal assets (like your home and savings) from business debts and lawsuits. An LLC can also provide tax flexibility and enhance your business's credibility. We can help you determine if an LLC or another business structure is the right fit for your goals.
What makes a contract legally binding in Ohio?
For a contract to be enforceable in Ohio, it generally needs to include an offer, acceptance of that offer, and "consideration" (an exchange of value between the parties). The terms must be clear, and all parties must be competent and intend to be bound by the agreement. While verbal agreements can sometimes be binding, a written contract drafted by an attorney is the best way to prevent disputes and protect your interests.
What is a non-compete agreement and is it enforceable in Ohio?
A non-compete agreement is a contract where an employee agrees not to compete with their employer for a certain period of time and within a specific geographic area after their employment ends. In Ohio, these are enforceable if the restrictions are reasonable and protect a legitimate business interest, such as trade secrets or client relationships. Courts scrutinize them closely, so it is vital they are drafted carefully.
I want to hire my first employee. What are my basic legal obligations?
Hiring an employee triggers several legal duties in Ohio. You must verify the employee's eligibility to work in the U.S., register with the Ohio Department of Taxation for withholding, and secure workers' compensation coverage. You must also comply with federal and state laws regarding minimum wage, overtime, and workplace safety. We can help you navigate these requirements to ensure you are in full compliance.
My business is being sued. What are the first steps I should take?
First, do not ignore the lawsuit. You have a limited time to file a formal response with the court, typically 28 days in Ohio. Second, gather all documents related to the dispute. Third, and most importantly, contact a business litigation attorney immediately. An experienced lawyer can evaluate the claim, advise you on your options, and file the necessary legal response to protect your business.
Agricultural Law
How can I ensure my farm passes to the next generation?
A successful farm transition requires a comprehensive succession plan. This is more than a simple will. It often involves legal tools like trusts, LLCs, or buy-sell agreements to manage ownership, minimize estate taxes, and treat both farming and non-farming heirs fairly. Starting the planning process early is the key to preserving your family's legacy for generations to come.
What should be included in an Ohio farm lease?
A strong farm lease, whether for cash rent or a crop share, should clearly define the property boundaries, lease term, payment amount and schedule, and responsibilities for inputs (like seed and fertilizer) and maintenance (like fence repair and weed control). It should also address issues like USDA program payments, hunting rights, and how to handle termination. A written lease is essential to prevent misunderstandings.
What are my rights regarding drainage and water in Ohio?
Ohio law generally allows a landowner to install tile or surface drains to improve their land, as long as it follows the natural course of drainage. You cannot divert water onto a neighbor's property in a way that causes unreasonable harm. Disputes over water rights, blocked ditches, and tile maintenance are common and complex. An attorney can help you understand your rights and resolve disputes with neighbors.
I've been approached about a solar or wind lease. What should I look out for?
Energy leases are complex, long-term contracts that can impact your property for decades. Key terms to scrutinize include the payment structure (per acre vs. per megawatt), lease duration and termination clauses, your liability, crop damage compensation, decommissioning responsibility (who removes the equipment), and restrictions on your use of the remaining land. Never sign an energy lease without a thorough review by an attorney experienced in this area.
