Category Archives: Featured

Ohio Criminal Expungement Matthew Mishak Attorney Elyria Lorain County

5 Ways an Ohio Record Expungement Can Help You

 

In life we all make mistakes.

 

Unfortunately, some mistakes, like a criminal conviction, can follow you and make simple things like getting a good job more difficult than those without a record.

Some think it is not worth their time to have misdemeanors or certain felonies expunged or sealed from potential viewing. Truth is, the mistakes of the past can hinder your life in the present and future.

 

If you don’t want those mistakes following you for the rest of your life, you might want to consider talking to an experienced lawyer, like Matthew Mishak, to see if it is possible to get an Ohio Criminal Record Expungement.

 

In the meantime, to help you make an educated decision, here are five ways an Ohio Criminal Record Expungement may help you live a better quality of life.

 

Job

job application criminal recordEver noticed that all job applications have a section where they ask if you’ve ever been convicted of a crime? This can give one a sense of dread if you have in fact been convicted. Some are tempted to lie and pray the employer won’t find out, but this is never a good course of action.

With an Ohio criminal record expungement, you can honestly answer “No” to this question with no fear of the employer finding out you lied.

 

Loans

job application criminal recordWhether it is a bank loan for a car, home, or personal expenses, if you have a conviction on your record, it is possible that the financial institution can deny your loan. They could also view your criminal record as someone who is not responsible enough to pay debts, or give you a ridiculous interest rate in order to obtain the loan.

Having your criminal record expunged can help eliminate this embarrassing and sometimes costly outcome.

 

Housing

rental with criminal recordMost landlords, rental and property management companies, and real estate agencies will favor someone without a criminal record over someone with one, no matter how old that conviction is. This goes almost hand in hand with getting a job or a loan.

An Ohio criminal record expungement can pave the way to a happy home for you and your loved ones.

 

Schooling and State Licensing

college application criminal recordYou could get denied admission to a college or career training facility and even funding for your education with a criminal conviction on your record. You can also be denied any state certifications or licensing, for example in the medical field.

Don’t discount yourself and look into getting your record sealed. A record expungement can open up a world of opportunities for you.

 

Freedom

freedom record expungmentThe best reason to get an Ohio Record Expungement is for your own peace of mind and freedom!

It’s a lot easier than you think to have your record sealed in Ohio. Attorney Matthew Mishak has the experience and know-how to get your record expunged in the Ohio court system. 

When you get a criminal record expungement, you have a clean slate to move on with your life knowing that nothing will come back to haunt you.

Aren’t you worthy of a fresh start?


 

For more information and/or to see if you are eligible to have your record expunged, contact Attorney Mishak today. 

 


facebook divorce digital age Mishak Law Matt Mishak Lorain County Ohio lawyer Elyria North Ridgeville

Facebook Divorce: Overview & Tips

Information found on popular social networking sites has given divorce lawyers new tools in their divorce toolkits.

 

Find out how Facebook and other sites are changing the legal landscape in divorce and child custody cases, and what you can do to protect yourself in the event of a Facebook divorce.

 

What is Facebook Divorce?

The term “Facebook divorce” refers to the increasing number of marital breakdowns that have occurred as a result of information found or discovered on social networking sites like Facebook, MySpace, and Twitter.

While social networking sites allow users to connect with old and new friends, they also create circumstances that may lead to a divorce or child custody battle. Moreover, social networking sites allow divorce lawyers to discover information they might not otherwise find using traditional methods of “discovery” (the process used to gather supporting facts and information in a case.)

In the recent past, the number of divorce lawyers who use Facebook and other social networking sites to uncover potentially damning evidence has grown. According to a 2010 survey by the American Association of Matrimony Lawyers (AAML), two-thirds of American lawyers say Facebook is the primary source of evidence used in divorce cases.

While there are no specific laws concerning the use of Facebook in divorce proceedings, the existing rules of evidence support the use of alternate forms of media to gather evidence, and this may include information found on social networking sites (via email, cell phone, or computer data retrieval, for example.)

 

What May Be Found on Facebook

There are several bits of divorce-related evidence that can be found on Facebook. Generally, a person’s overall history and whereabouts are just a mouse click away from public eyes – despite Facebook’s privacy settings (which are not always reliable.)

Furthermore, people often mistakenly believe that their actions online do not carry the same consequences as real-life events. For example, they may believe that online flirting is not the same as flirting in a bar. The reality, however, proves that what a person says or does online can have serious repercussions in a divorce or child custody case.

 

Below are examples of damning evidence that may be found on social networking sites, which may potentially be used against you in a “Facebook divorce” situation.

 

  • A friend “tags” a compromising photo of you drinking beer at a party or vacationing when you claim you have no time to see your children or dispute allegations of infidelity
  • Posts that refer to high-end purchases when you claim unemployment and money issues
  • Posts about your whereabouts that conflict with business trips or child visitation matters
  • Posts that suggests infidelity or deception, such as a Facebook status change to “single, but looking”
  • Keep in mind that even if the content on Facebook is deleted, it can later be retrieved by forensic experts and potentially used in court as evidence in divorce proceedings.

 

Facebook and Divorce: Legal Issues

Legal issues concerning the use of Facebook data in divorce proceedings varies. For instance, adultery is still grounds for divorce in some states and is defined in state laws as “the voluntary sexual intercourse of a married person with a person other than the offender’s spouse.” In most adultery cases, direct proof is not required – based on the mere nature of secretive relationships. Adultery in a Facebook divorce situation, however, might be inferred through photos and information posted on Facebook.

Note that while evidence-worthy photos and information exchanged on Facebook on their own may not be grounds for divorce, but information combined with other forms of proof may create an undesirable outcome.

 

Tips for Facebook Users Facing a Divorce

 

  • Be careful what you post on Facebook.
  • Know that what you say or post may be used against you in court, and divorce lawyers use Facebook as a matter of fact when gathering evidence.
  • You do not own the content on Facebook. Facebook has the right to do certain things with your content even without your knowledge.
  • Even if you are savvy enough to not post certain photos and information on your Facebook page, other friends and family members may post something potentially damaging about you on their Facebook page.
  • Do no secretly access your spouse’s Facebook page hoping to find damaging information to use against him or her. Not only is it a violation of the law to access someone’s computer or electronic device you do not have permission to use, the information you may find may be inadmissible in court.
  • Finally, if you suspect adultery or other wrongdoing by your spouse found on Facebook, you may wish to hire a divorce lawyer in your area who can help answer any specific questions you may have.

 

Is Facebook a Factor in Your Divorce? Make Sure You Get Professional Legal Help

Even the most amicable divorce can be a profoundly stressful experience — especially in this age of social media and the unenviable “Facebook divorce.”

Attorney Mishak can safely guide you through the process to ensure your financial security and peace of mind. 

 


Divorce is hard.
Attorney Matthew Mishak simplifies it.
Contact him today.


 

Original article as seen on FindLaw


cannabis marijuana dui ovi ohio matt mishak elyria lorain county attorney lawyer weed driving impaired drugged driving

Ohio Cannabis & DUI / OVI Law Overview

Stay informed by brushing up on Ohio’s cannabis and DUI / OVI laws so you’re familiar with the penalties you could face if you’re busted behind the wheel. 


Ohio Cannabis & DUI / OVI Law Overview

No person shall operate any vehicle if, at the time, the person has a concentration of marijuana in their system in the following amounts:

SubstanceUrineBlood
Marijuana10 ng/mL2 ng/mL
Marijuana metabolite35 ng/mL50 ng/mL
Marijuana metabolite with other drugs/alcohol15 ng/mL5 ng/mL

If a person has obtained a prescription issued by a licensed health professional, it is considered a valid defense; however, a doctor’s recommendation for medical cannabis does not constitute a prescription.

Test: 

Whole blood, blood serum, plasma, breath, urine, or other bodily substance

Penalties:

  • 1st offense: 1st degree misdemeanor, mandatory minimum of three days up to 6 months in jail, an intervention program, or both; judge may suspend jail sentence in lieu of a community control sanction and a driver’s intervention program; $375 to $1075 fine, driver’s license suspension for six months up to three years, driver may apply for IID to reduce period of suspension.
  • 2nd offense (within 10 years): 1st degree misdemeanor, mandatory minimum of 10 days up to six months in jail, sentence may consist of both jail time and house arrest with electronic monitoring and continuous alcohol monitoring; must be assessed by community addiction services provider, $525 up to $1,625 fine, driver’s license revocation for one to seven years, vehicle shall be impounded for 90 day.
  • 3rd offense (within 10 years): Misdemeanor, mandatory minimum of 30 days up to one year in jail, sentence may consist of both a jail term and house arrests with continuous alcohol monitoring, $850 up to $2,750 fine, court shall order participation in a community addiction services provider, driver’s license revocation for two years to 12 years, during which the offender’s vehicle shall be criminally forfeited.
  • 4th and 5th offenses (within 20 years): 4th degree felony, mandatory minimum of 60 days, no more than one to five years’ maximum imprisonment, mandatory participation in a community addiction services provider, $1,350 to $10,500 fine, driver’s license revocation for three years to life, vehicle may be criminally forfeited.
  • 6th offense: 3rd-degree felony, mandatory minimum of 120 days up to five years in jail, $1,350 to $10,500 fine, indefinite license revocation, mandatory participation in an addiction services program, the vehicle may be criminally forfeited.

For more information, please refer to Ohio Rev. Code, Title 45, Chapter 4511.49.

 


Charged with a DUI / OVI in Lorain County? Attorney Mishak can help! Contact him today for a consultation to see how.

mishak law matt mishak attorney lorain county elyria contact today lawyer