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February 2018 Archives

Ohio Law F.A.Q. Part I - Buzzed Driving Is Drunk Driving

In an effort to curb drunk driving and to prevent impaired drivers from ever getting behind the wheel, it's not uncommon to hear the admonition "remember: buzzed driving is drunk driving." While an effective marketing ploy and pithy phrase, does the Ohio Revised Code agree?

The Implications of John Doe v. Miami University et. al. (2008) for the Accused, Part 1: Equal Protection

A blockbuster decision dropped in the Title IX Sexual Assault world last week when the Sixth Circuit Court of Appeals ruled, in part, against Miami University in a case filed by a suspended student. The student had been suspended for sexual assault based on a theory that the alleged victim was "severely intoxicated" (an undefined term in Miami's Code of Student Conduct) when sexual conduct allegedly occurred. There are several layers to this decision that carry important implications for both accused students and alleged victims; perhaps the most interesting involve the constitutional rights of equal protection under the law in terms of who Miami chooses to prosecute for a claim of sexual assault. 

Amendment To Ohio's Intervention In Lieu Of Conviction Law

Ohio has recently changed its Intervention in lieu of conviction ("ILC") statute, and the change greatly benefits defendants across the State. ILC provides for a program allowing certain categories of offenders to receive assistance and/or treatment in order avoid the ramifications of a felony conviction. It is not designed as punishment, but instead is an opportunity for certain offenders to address the underlying issues that contributed to their criminal charges and, in turn, receive a dismissal of his or her criminal charges. For more information on ILC, see our previous blog post on the topic

I Plead Guilty, But Now I'm Facing This? What Can I Do?

In our criminal defense practice, it is not uncommon for a potential client to call us to ask about withdrawing a guilty plea they entered in the past. Depending on the circumstances, this can be very challenging. However, it can be done.

When Can a Survivor Terminate Parental Rights

The State of Maryland is making news this week in catching up to most of the rest of county by unanimously passing a bill that is expected to be signed by the governor that will allow victims of rape or sexual assault to terminate parental rights of their attackers. Maryland's proposed law goes further than many other states in that it does not require a conviction or guilty plea to rape or sexual assault but rather just a finding that there was "clear and convincing" evidence of the attack.

"But the victim wants to drop the charges..."

It is very common for clients, or the family of a client, to believe that a criminal charge-usually assault, domestic violence, violation of a protection order, or the like-will be dismissed because "the victim wants to drop the charges." They believe that because the alleged victim called 911, or told the police that a crime happened, that the alleged victim herself controls whether the case will be prosecuted.

Finding full value in injury cases; do not focus on economic loss

What is the value of our life, liberty, or happiness? Many people in the legal world fail to fully understand the human losses in injury and death cases. This is true for plaintiff personal injury lawyers who represent the injured or killed person and it is true for the insurance industry and their defense lawyers.

FedEx Trucking Policy Places Public At Risk; FedEx Places Profits Over People

We pride ourselves on pursuing the truth for families following a truck crash. Too frequently these crashes could have been prevented and too frequently truck companies refuse to treat a family fairly after taking the life of a loved one. Compensation will not bring a human being back to life but it will help relieve additional stress following a catastrophic truck crash.

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