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Yonas and Phillabaum LLC provides legal services to real people, facing real world situations. Our legal team works diligently to educate and advocate on behalf of their clients.
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Frequently Asked Questions
Whether you have been charged with misdemeanor trespass, an OVI, or even murder, the first step in your case is always the same – Arraignment. An arraignment is your first appearance in court on a criminal case. The prosecutor will read the charge(s) filed against you and some facts about the allegations, your attorney will respond with relevant “good facts” about you, and ultimately the judge or magistrate holding the hearing will decide on bond. Bond (otherwise known as “bail” or “bail bond”) is the pre-trial restrictions a court imposes on a criminal defendant while their case is pending. A typical example you may be familiar with is a cash bond, in which a court orders you to pay a certain amount of money before they release you from their custody. In addition to money, the court can order you to fulfill certain requirements (i.e., no alcohol/drug consumption, no driving, staying away from other specific individuals or places) or can also require you to wear certain pre-trial monitors (commonly known as house arrest).
Yes, landlords are allowed to include smoke-free provisions in residential lease agreements, but the provisions do not have a significant chance of being enforceable in a court of law.¹
The Ohio Department of Health (the “Department”) has officially released literature encouraging landlords to include smoke-free provisions in lease agreements. The Department believes that including these provisions will aid in preventing fires and eliminating the effects of secondhand smoke on other tenants.² Nonetheless, the Baldwin’s Ohio Handbook regarding Landlord Tenant law provides doubt that a smoke-free provision will be enforceable in a court of law.³
Many rental property owners ask whether they should create an LLC. An LLC can protect personal assets by limiting liability in lawsuits and provides added privacy since the property is listed under the company name, not the individual’s. However, owning property in an LLC may require hiring an attorney for certain legal matters, such as evictions. Property owners should weigh both the protections and obligations before deciding.
Ohio is an at-fault state, meaning the driver who is determined to be at fault for an auto accident is subsequently liable for injuries and damages. Damages can mean property damage, medical expenses, lost wages, pain and suffering, etc. For this reason, fault and/or liability in an auto accident is often heavily disputed by drivers. This is also why Ohio law mandates drivers to carry auto insurance.
Police reports are one of the most utilized tools in determining fault. Officers will normally respond to the scene of the accident and determine liability. This determination is often made based on statements from both drivers, witnesses, the physical appearance of the vehicles, the location of the damage to the vehicles, and an officer’s experience. More importantly, an officer will examine if one of the drivers may have been impaired, speeding, distracted, or breaking other traffic laws, which resulted in the auto accident. Even with all this information, some officers are simply unable to determine fault when it is a “close call.”
Proving liability in an auto accident is not easy, but dash cams, ring cameras, witnesses, location/proximity of the accident, and other factors have made it easier to establish liability.
