On March 22nd of this year, indefinite sentencing returned to Ohio through Senate Bill 201 known as the "Reagan Tokes Law." Indefinite sentencing is where a defendant is sentenced to an indefinite range or term of years, with release determinations made by the Parole...
Steve Kilburn
Penalties for Carrying a CCW on Private Property Where Prohibited
Despite Ohio being an open-carry State (meaning individuals do not need a license to carry a firearm openly in public if they are eligible to carry it), concealed carry (or "CCW") permits have become popular. These licenses permit individuals to possess a concealed...
Recent Changes in Ohio’s Intervention in Lieu of Conviction (“ILC”) Statute
For the second time this year, Ohio has expanded its Intervention in Lieu of Conviction ("ILC") statute, once again benefitting defendants across the State. Effective on October 29, 2018, the new ILC statute gives a person countless opportunities to enroll in ILC. In...
Domestic Violence Charge Dismissed
We recently represented a hard-working single father with no criminal record who is thirty-seven years old. His girlfriend told him that she would accuse him of domestic violence if he ended the relationship. When he ended the relationship, she followed through with...
A SEPARATE STANDARD
The Difference Between Not Guilty By Reason Of Insanity And A Defendant's Competence In Ohio Although many people confuse these two concepts, a finding of not guilty by reason of insanity ("NGRI") is vastly different from a finding that a defendant is not competent to...
Why An Arrest Warrant Can’t Be Ignored
In a typical police investigation there is no arrest warrant because the person charged is either in police custody or has been cited to court. But in situations where a police investigation results in charges filed days, weeks, or even months later, an arrest warrant...
Warren County Ohio School Threats
In light of the recent news surrounding the evacuation of local schools due to various threats and the prosecution of those allegedly responsible, it seems appropriate to take a closer look at the laws dealing with these situations. Generally, defendants who have...
Demystifying Ohio’s Serious Youthful Offender Sentencing
In 2002, the Ohio legislature enacted the serious youthful offender or "SYO" sentencing law. Under the SYO sentencing law, juvenile offenders who are designated serious youthful offenders are not bound over to adult court. Rather, juvenile offenders designated serious...
What To Do When Contacted By The Police
Many people believe that when contacted by the police there is no harm in talking. Unfortunately, they are mistaken and, as a result, serious consequences can occur. Most people are unaware that police officers are allowed to lie to individuals during a criminal...
Facebook Tagging Violates Protection Order
This month a judge in New York ruled that mentioning a protected person in a Facebook post constitutes communication and therefore violates protection orders. The criminal defense attorney in the case argued that the charges should be dismissed because the protection...