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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,...
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...
In an update to our previous post on this topic found here: /blog/2018/05/does-post-conviction-house-arrest-count-for-jail-time-credit.shtml; the Ohio Supreme Court recently held that a defendant is not entitled to days he or she spent in postconviction house arrest....
Ohio Revised Code §2913.02 contains Ohio's petty theft statute. A theft charge is considered petty theft if the value of the item taken is less than $1,000. So, stealing a $2 candy bar carries the same penalties as a $999 piece of clothing. Once the value of the...
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,...
This is a complicated question with a lot of possible directions and answers. According to the United States and Ohio Constitutions, the short answer is a resounding "No!" However, there are a lot of "except when..." that must be considered to avoid potential arrests....
