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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17599
Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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My son is divorced and has custody of his 7 year old son.

Customer Question

My son is divorced and has custody of his 7 year old son. His divorce was final in Feb. 2013, no contest. She has been dating the man she was seeing while married. My son looked up to see if he had a criminal background. As of 2008 he was convicted of a felony, count 1, count 2possession of a computer for illegal purposes and count 3 through 42 pandering of sexual material of children. 3 through 43 charges were nulled. Charge 44 possession of criminal tools.

My son needs to know who he should talk to about protecting his son?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. Based solely on the information that you have provided, there is a good chance that this individual is a registered sex offender. I cannot say that with certainty though since I don't have access to his criminal record details. However, your son can check the Ohio Sex Offender Registry site and see. He can find that at: http://www.icrimewatch.net/index.php?AgencyID=55149

There are certain rules that a registered sex offender must follow and so he might want to see if perhaps this person is violating those. If he is, he can report him to law enforcement. If he is not, then he may want to sit down with a family law attorney and obtain assistance with modifying the visitation rights of the mother with this man in mind. In other words, making it to where he cannot be around the child and visitation is never overnight. If there is an immediate concern about the child's safety he can also contact the State's Family Services to see if they will do a home visit. If they believe the child's welfare is threatened, they will step in and ask the court to intercede with the mother.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 1 year ago.
I have not found any records that suggests BRION Novak is a sex offender. That is my fear b/c I realize that is a strong possibily.

I need to know what step my son should take to protect his son. What does it mean that the charges 3 through 43 have been nulled? Is there any signifigance that the 1st charges would make this a case to be looked into to protect my grandson
Expert:  Marsha411JD replied 1 year ago.

Hello again and thank you for your reply. I did specifically tell you what steps your son can take in this instance, so I might ask that you reread my initial answer so that I do not have to type it out again. I gave you several options, and those are the only options. If this individual is not on the list at the link I provided you, then he is not a registered sex offender. That is the official State list. I checked it with the name you just provided and he is not on it, which means he is not required to be on it. However, there are two other men with the same last name who are on the list, you can see them at: http://www.icrimewatch.net/results.php?AgencyID=55149&SubmitNameSearch=1&OfndrLast=novak&OfndrFirst=&OfndrCity=

 

If those are not this man, then he isn't required to register. But your son still has all of the other options that I provided to you in detail in my initial response.

As for the charges 3 through 43 that were "nulled" that just means he wasn't prosecuted for those. He was initially charged and those charges were not tried. That is very common. The State will charge everything that could possibly be a crime, including every photo or instance of accessing a particular website. However, when they end up going to trial or entering a plea agreement, many charges will be combined and dropped.

Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17599
Experience: Licensed attorney with 28 yrs. exp. in criminal law
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