Effective October 3, 2023, Ohio has once again changed what can and can’t be sealed and expunged. The two biggest changes involved domestic violence and third degree felonies. Ohio has once again made fourth degree misdemeanor domestic violence convictions...
Nicholas D. Graman
What is Ohio’s New Distracted Driving Law?
Ohio Governor Mike DeWine signed Senate Bill 288 into law early this year making distracted driving a primary offense under Ohio law. This bill will take effect 90 days after it has been signed, so roughly April 3, 2023. Officers, however, are only able to issue...
Can Law Enforcement Search Your Backpack Without A Warrant?
According to the Ohio Supreme Court, No. In State v. Burroughs, Slip Opinion No. 2022-Ohio-2146, the Court recently held that a specific exception to the warrant requirement, “the single purpose container exception”, applies only when the illegal contents of the...
Can a Judge Order an Alleged Victim to Allow the Defendant and Their Attorney to Photograph the Inside of Their Home?
No, according a recent decision by the First District Court of Appeals. In State ex rel. S.L. v. Rucker, 2020-Ohio-584, the First District granted a writ of prohibition for S.L. preventing the trial judge from compelling her to allow the defendant or his agent access...
Ohio General Assembly to Consider Supreme Court’s Proposed Bail Reform
Every year the Ohio Supreme Court proposes rules changes every year, and this year one of the rule changes impacts bail reform and Ohio Criminal Rule 46. One of the major proposed changes is a requirement that defendants have a bail hearing within two business days of...
Ohio’s Sexually Violent Predator Specification
Ohio Revised Code § 2941.148 outlines Ohio's sexually violent predator specification. It can be applied to sexually violent offenses-namely homicide, assault, and kidnapping. This specification can be used to add onto or enhance sentences. The exact enhancement...
Quick Primer on the Sealing of Criminal Records
Ohio has recently expanded the eligibility for sealing one's criminal record. Ohio law now permits up to five low level felonies to be sealed so long as a defendant does not have anything more serious on his or her record. It also permits potentially unlimited...
Miami University, Criminal Charges and Disciplinary Proceedings
When a Miami University student is charged with a crime, the consequences can be serious and are certainly burdensome. Why? When a student is charged with a crime, not only must the student answer to the charges in court, the student must also answer to the school for...
Ohio Supreme Court To Decide If Questioning In The Front Seat Of A Police Cruiser Is A Custodial Interrogation Or Investigative Questioning
The Ohio Supreme Court recently heard arguments in City of Cleveland v. Benjamin Oles to decide whether Miranda warnings are required for questioning of a suspect removed from his vehicle and placed in the front seat of a police cruiser during an OVI...
An Unconstitutional Search? A Warren County Case Makes Its Way Up To The Ohio Supreme Court
This week, the Ohio Supreme Court will hear oral arguments in State of Ohio v. Jamie Banks-Harvey. The issue before the court is whether the police may search an individual's purse after the individual is arrested and placed in a cruiser but before the individual is...