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October 2017 Archives

The Three Things Every New Business Needs To Know

In Ohio, business entities like limited liability companies and corporations provide business owners with protection from personal liability. This protection ensures that a claim made against one's business does not jeopardize their interest in their personal home or car. In order to maintain this personal protection, though, a new business must ensure they follow three basic principles:

When You are Ready to Leave, Leave Safely

October is National Domestic Violence Awareness Month. If you are in an abusive relationship - be it physically, emotionally, mentally or even financially abusive, and have thought about getting out of that relationship, make sure you take steps to prepare before you make that final step. Remember that not all abuse takes the form of red marks and bruises. Emotional and mental abuse can be just as painful. The period of breaking off a relationship and separation can be the most dangerous for an abused party. Last year, between July 1, 2016 and June 30, 2017, there were 115 domestic violence fatalities in Ohio. There were children present at the scene in 23% of those cases. Well laid plans may prevent some such tragedies.

So I Made it Through My University Discipline Hearing - All is Well Now, Right?

Wrong --- IF your discipline was related to a criminal charge that counts as a "1219 offense" in Ohio. Under Ohio law, if you are convicted of, or plead guilty to, a so-called 1219 offense that occurred on or about campus, you will be subject to a mandatory, state-wide suspension for a minimum term of one year. That's right: mandatory, state-wide, and for a minimum of one year.

Love and Honor...your right to counsel

Thanks to Hollywood, most Americans have heard the police say the phrase "you have a right to an attorney..." as a suspect is being arrested on-screen. That referenced right to counsel in a criminal proceeding is a constitutionally guaranteed right under the Sixth Amendment of the United States Constitution.

Can a Non-Custodial Parent Have Access to Their Child's Records?

You have made it through the exhausting process of negotiating the custody of your kids. You have visitation which is what you believe is in your children's best interest and you go to pick them up from daycare and you go up to the front desk and request to see their daily attendance records only to be told that your ex-wife has said that you are not allowed to see any records because she has sole custody. What do you do?

Will My Arrest Affect My Future?

A recent article pointed out that well over half of four-year undergraduate institutions ask questions about criminal history (https://www.brookings.edu/research/thinking-beyond-the-box-the-use-of-criminal-records-in-college-admissions/amp/). Anyone who has applied for graduate school, a job, and/or a professional licensure knows to expect the same questions about criminal history in the application or certification process.

Diversion Dismissal ≠ Clean Record

The large majority of first-time offenders in the Butler County Area Courts have been cited with offenses that are eligible for the Butler County Prosecutor's Office ("BCPO") Diversion Program. However, because participating in the BCPO Diversion Program requires a defendant to waive a significant portion of their constitutional rights, even eligible offenders must hire an attorney before entering the Program.

University Discipline Hearings: Does my accuser have to appear?

We have heard that the government is not supposed to deprive us of "life, liberty, or property" without "due process of law," but, in the context of university discipline hearings, the question is, "what does 'due process' mean?"

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