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LawHelpNow
LawHelpNow, Attorney/Lawyer
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I have the following charge ASSAULT M1F5 2903-13 ORCNIt

Resolved Question:

I have the following charge: ASSAULT M1F5 2903-13 ORCN. It was filed when my assailant (at the scene of an auto accident) told police that it was I who attacked her. The 911 call I was conducting when she emerged from her car and began assaulting me should indicate that I did not attack her. Also, police told me she was intoxicated. However, no breathalizers were given, even though her designated driver ended up on the wrong side of a cement island separating the two directions of traffic, and also that driver was cited for causing the wreck, without the car being insured! They bore false witness against me at the scene, and police, not believing I did anything more than block her punches and slaps, drove me to work, and I was not cited at the scene.   However, I later got a postcard from an investigator who informed me that my assailant had filed a complaint and that a complaint was also filed on my behalf against my assailant. Due to police error, I was not processed when I was issued a "recite."   Of course I had never been cited in the first place. But now I must be processed and given a trial date. My attacker is at large with an outstanding warrant. I am a mental patient and fear being separated from my medicine, and I am also fearful of jail rape. Should I try to clear my name and possibly go to jail, or should I flee and never come back to Ohio?


Thanks,
Bobby
Submitted: 4 years ago.
Category: Criminal Law
Expert:  LawHelpNow replied 4 years ago.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney with criminal law experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. I am truly sorry for your circumstances, and I genuinely hope things look brighter for you soon.
  2. "Should I try to clear my name and possibly go to jail, or should I flee and never come back to Ohio?" No matter what, flight would be the very worst move you could make here. Fleeing the state would result in the issuance of a warrant, which would subject you to immediate arrest and extradition back to Ohio. Thereafter, you would be facing not only the underlying criminal charge but also newer charges for flight. The botXXXXX XXXXXne is this would make you a fugitive from justice and should not even be open for consideration.
  3. Having said all of that, the charge you have described constitutes a first degree misdemeanor pursuant to Ohio Revised Code § 2903.13. The usual penalty range would be not more than six months in jail pursuant to Ohio Revised Code § 2929.24. That would be a worst case scenario, and given a clean prior record and the situation you have described here, I would be extremely surprised to see you sentenced to actually serve any confinement in the event of a conviction.
  4. The botXXXXX XXXXXne is that the most helpful move you can make would be to cooperate with a local attorney in providing your defense. If you need to speak with a different lawyer, an excellent resource would be the Ohio Lawyer Referral Programs. I can absolutely understand and relate to your reasonable concerns, but truthfully it would only greatly compound the situation to flee the jurisdiction at this juncture.
  5. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

 

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

 

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

LawHelpNow, Attorney/Lawyer
Category: Criminal Law
Satisfied Customers: 7591
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 7 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.

Dear Mr. Burt,

 

When you write, "Fleeing the state would result in the issuance of a warrant, which would subject you to immediate arrest and extradition back to Ohio," doesn't that only apply if the original warrant reads, "Extradite national," or something to this effect? My understanding was that only certain charges warrant interstate extradition on 1st degree misdemeanors.

 

 

Customer: replied 4 years ago.

Dear Mr. Burt, Thanks for your legal answer. I just have a couple more questions about your reply.

 

1) When you write, "Fleeing the state would result in the issuance of a warrant, which would subject you to immediate arrest and extradition back to Ohio," doesn't that only apply if the original warrant reads, "Extradite national," or something to this effect? My understanding was that only certain charges warrant interstate extradition on 1st degree misdemeanors.

 

2) How long would it take and how would I go about getting psychiatric prescriptions filled in jail? My cousin was incarcerated in Texas and was separated from his medicine for many months. I don't think he ever got back on his original prescription, either.

 

 

 

Thanks,

Bobby

Expert:  LawHelpNow replied 4 years ago.

Hello again,

 

Thanks for writing back -- good to hear from you.

 

I will be glad to comment further -- many thanks for your prompt payment.

 

  1. "When you write, "Fleeing the state would result in the issuance of a warrant, which would subject you to immediate arrest and extradition back to Ohio," doesn't that only apply if the original warrant reads, "Extradite national," or something to this effect? My understanding was that only certain charges warrant interstate extradition on 1st degree misdemeanors." I understand your point, and my choice of the term "extradition" was not the best. Here is what I meant, and this would apply even in the case of a misdemeanor. If you fail to appear, the Court will issue a bench warrant. This is not like a serious felony, so I do not mean to imply that a manhunt would be in effect where the police would be actively searching for you in light of scarce resources best spent on the more serious offenders. However, anytime you would encounter law enforcement anywhere (i.e. a routine traffic stop in any state), this information would show up concerning the outstanding warrant. Suddenly you go from a routine situation to a serious one...i.e. the police radio for back-up, you are cuffed, weapons are drawn, etc. Then, you would be faced with the prospect of sitting in jail while the proceedings grind along. Whether or not you were formally extradited, I have seen too many folks languish awaiting the resolution of similar cases. In addition, I have witnessed the toll that knowing one is wanted takes on people. In my estimation, it is just not worth the emotional trauma involved in fleeing.
  2. "How long would it take and how would I go about getting psychiatric prescriptions filled in jail? My cousin was incarcerated in Texas and was separated from his medicine for many months. I don't think he ever got back on his original prescription, either." In addition to being a lawyer, I am also a practicing nurse with correctional health care experience. Fortunately, the Ohio Minimum Jail Standards (see pages 27-31) addresses this issue and provides for the dispensing of such medications once a physician has screened an inmate.

 

I hope that is of some additional help and that things look brighter for you soon.

 

Take care and thanks again for choosing JustAnswer®!

Customer: replied 4 years ago.

Looks like at least a fortnight without meds. That can cause a patient such as I to go into a manic or depressive episode. It also doesn't say that the jail doctor would prescribe the same meds. Rather, a new evaluation would be done. Most unsatisfactory a policy... Thanks for your clarifications.

 

Andrew

Expert:  LawHelpNow replied 4 years ago.

Hi there,

 

Yes, I must agree. There are many gaps in the system, unfortunately.

 

I do hope all works out for you in this matter.

 

Take care and thanks again for choosing JustAnswer®!

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