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  #1  
Old 09-27-2009, 06:10 PM
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Do I need an attorney?

What is the name of your state (only U.S. law)? My state is Ohio.

My daughter has been charged with a fourth degree misdemeanor, unlawful use of property. We have never been in court before. Do I have to have a lawyer? Can she plead no contest and take her punishment? Will the prosecutor rake her over the coals? I don't know what to expect and would like to be prepared.
  #2  
Old 09-27-2009, 09:18 PM
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Location: Ohio
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Quote:
Originally Posted by Jennifer Horn View Post
What is the name of your state (only U.S. law)? My state is Ohio.

My daughter has been charged with a fourth degree misdemeanor, unlawful use of property. We have never been in court before. Do I have to have a lawyer? Can she plead no contest and take her punishment? Will the prosecutor rake her over the coals? I don't know what to expect and would like to be prepared.
Your daughter may very well be appointed counsel. You do not need a lawyer as you are not being charged with anything. The prosecutor might not rake her over the coals. If your daughter wants to do so she can plead no contest. What exactly did she do?
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #3  
Old 09-28-2009, 08:31 PM
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Originally Posted by Ohiogal View Post
Your daughter may very well be appointed counsel. You do not need a lawyer as you are not being charged with anything. The prosecutor might not rake her over the coals. If your daughter wants to do so she can plead no contest. What exactly did she do?
She and two friends logged onto another girl's facebook page and sent some derogatory messages to three kids. I know the victim's father is out to try to prove that my girl is the devil and says she "hacked" the password when in fact the girl gave it to my daughter when they were friends. The father seems to believe his girl is completely innocent when there was a lot of girl drama/nastiness back and forth. I'm not justifying what my girl did. She was wrong and should be punished. She's never been in trouble before. According to the court papers we received, we do not fit any of the criteria in order to be eligible for a court appointed attorney. If she pleads no contest do we have to delve into the whole mess in court or does she just take her lumps and go?
  #4  
Old 09-28-2009, 08:54 PM
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Location: Ohio
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Quote:
Originally Posted by Jennifer Horn View Post
She and two friends logged onto another girl's facebook page and sent some derogatory messages to three kids. I know the victim's father is out to try to prove that my girl is the devil and says she "hacked" the password when in fact the girl gave it to my daughter when they were friends. The father seems to believe his girl is completely innocent when there was a lot of girl drama/nastiness back and forth. I'm not justifying what my girl did. She was wrong and should be punished. She's never been in trouble before. According to the court papers we received, we do not fit any of the criteria in order to be eligible for a court appointed attorney. If she pleads no contest do we have to delve into the whole mess in court or does she just take her lumps and go?
Even if she had the girl's password from legitimate means what she did is unlawful use of property. Pleading no contest will result in her being given a punishment BUT said plea cannot be used against her in civil proceedings.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #5  
Old 09-29-2009, 08:25 PM
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Quote:
Originally Posted by Ohiogal View Post
Even if she had the girl's password from legitimate means what she did is unlawful use of property. Pleading no contest will result in her being given a punishment BUT said plea cannot be used against her in civil proceedings.
Can we just go into court by ourselves if she pleads no contest? Is an attorney required? There will be a lot of one sides word against the other in this case with no way to prove either way.
Last edited by Jennifer Horn; 09-29-2009 at 08:30 PM. Reason: I wanted to add more.
  #6  
Old 09-30-2009, 11:50 AM
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Join Date: Dec 2005
Location: Ohio
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Quote:
Originally Posted by Jennifer Horn View Post
Can we just go into court by ourselves if she pleads no contest? Is an attorney required? There will be a lot of one sides word against the other in this case with no way to prove either way.
An attorney is not required. You cannot represent her however.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
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