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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...
Governor Mike DeWine signed “Collin’s Law: The Ohio Anti-Hazing Act” into law on July 6, 2021. The law substantially alters R.C. § 2903.31, Ohio’s criminal statute against hazing. The new law is not just aimed at regulating student behavior; administrators, faculty,...
The 12th District Court of Appeals (governing Brown, Butler, Clermont, Clinton, Fayette, Madison, Preble, and Warren counties) recently held in State v. Neanover that a deputy dog warden’s decision to look through a hole in Mr. Neanover’s privacy fence, without a...
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...
On January 4, 2021, Governor DeWine signed SB 175, colloquially known as the stand your ground bill. Among other things, the bill eliminates in Ohio the duty to retreat prior to using force in self-defense. In doing so, Ohio joins roughly two dozen other states with...
Recently, Rittgers & Rittgers attorney Neal Schuett won an OVI trial where the client was acquitted on all charges, including possession of marijuana. The client was pulled over at a rest stop off 71 near Lebanon, Ohio at approximately 4am. The Ohio State Patrol...
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...
The short answer is no. The issue as to whether a suspect in a criminal case can be ordered to disclose to the government the passcode to his cell phone has previously been discussed in the blog, "Can the Police Force You to Unlock Your Phone?." Last month,...
