Earlier this month, the Ohio Supreme Court heard oral arguments in State of Ohio v. Colton Dye, Case Number 2016-1395. The issue before the high court was whether a trial court must wait until the applicable statute of limitations has expired before sealing an...
Criminal Defense
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...
Invoking the Miranda right to Counsel
In a recent case handled by our attorneys, police arrested a suspect and told his family that he would be questioned about criminal allegations at the local police station. The family, concerned about what the suspect might say, tried to prohibit the police from...
What is the difference between a warrant and a summons?
Both a warrant and summons serve the same purpose - to get a person charged with a criminal or traffic offense to court. But while a warrant and summons serve the same purpose, the practical effect on the person charged can be significant. What Is A Summons? A summons...
What Constitutes an Unlawful Search and Seizure?
If you have been stopped by the police while on the street or if you have a run-in with law enforcement on your private property, it is vital to know your rights. While the police have the authority and a responsibility to uphold the law, there are strict legal limits...
A man’s home is his castle: Self defense and the Castle Doctrine
When individuals are charged with serious offenses of violence against another, they may want to argue self-defense in showing they were justified in engaging in deadly force. If the accused is found to have acted in self-defense then the accused will be found not...
Polygraph Examinations: Are They Admissible In Court?
The polygraph examination (i.e., lie detector test), because of its perceived reliability issues, remains a controversial subject. In 1923, the D.C. Circuit Court in Frye v. United States upheld a trial court's decision to exclude a polygraph test the defendant sought...
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...
How Do Firearms Impact Sentencing?
The Ohio Revised Code provides for mandatory prison sentences when a firearm is involved in a crime. These sentences range from one, three or six-years depending on how the firearm is involved. Having a firearm on one's person or under their control carries a...


