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When a person tests over the legal limit for alcohol or drugs, most police officers charge under both the impairment subsection and the legal limit subsection. Under Ohio law, there are generally two types of OVI offenses. One is based upon being impaired (subjective...
On March 28, 2019, Ohio’s self-defense law changed. Prior to that date, if an accused wanted to argue self-defense (which, if successful, would result in a not guilty finding), the person would have to prove it was more likely than not all elements of self-defense...
Presumption of innocence We’ve all heard the term innocent until proven guilty, but what exactly does that mean? Simply put, it means an accused in a criminal case is assumed to be not guilty unless the state can prove beyond a reasonable doubt otherwise. It is often...
In October of 2020, our client was pulled over for failing to maintain her lane and impeding traffic. The trooper with the Ohio State Highway Patrol noted in his report, “for no apparent reason,” the car “slowed to a speed of approximately 30 mph in a posted 55 mph...
No. Ohio Rule of Evidence 404(B) outlines a limited set of circumstances during which a prosecutor can attempt to introduce prior bad acts. A prosecutor cannot use a accused's prior bad act to show the accused has a tendency to act wrongfully and from that, attempt to...
According to the Ohio Supreme Court, the answer is "no." This month, the Ohio Supreme Court issued its decision in State v. Reed, Slip Opinion No. 2020-Ohio-4255. In Reed, the defendant was found guilty of a felony and given five years of community control with a...
To answer the question of whether the administrators at Little Miami High School had the right to prohibit speech that supports fallen firefighters and police officers who risked and sacrificed their lives on September 11, 2001, we must first understand the First...
During a criminal investigation, can the police make you turn over your password to your phone? The answer to that question depends on where you live, as the courts are divided on the answer to that question. This makes the question ripe for clarification by the...
Over 200 people were arrested over the weekend in Cincinnati. The majority of the arrestees were young, local, and committed minor infractions. However, a few were charged with serious offenses, including arson. Under Ohio law, arson is a first degree misdemeanor,...
Ohio's rape statute, 2907.02(A)(1)(c) says:No person shall engage in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender, when any of the following applies:The other...
