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Criminal Defense Archives

Ohio's Certificate of Qualification for Employment

In June of 2012, the Ohio Legislature passed a bill creating a Certificate of Qualification for Employment ("CQE"). Contained in Revised Code § 2953.25, the CQE increases employment and licensing opportunities for individuals whose previous options had been few and/or nonexistent. It also creates incentives for employers who hire individuals with CQE's.

Text Messages to Encourage Boyfriend's Suicide Used to Convict Teen of Involuntary Manslaughter

Michelle Carter was recently found guilty of involuntary manslaughter in the 2014 suicide death of her boyfriend, Conrad Roy III. The evidence relied upon by prosecutors was primarily text messages that Carter sent to Roy encouraging him to commit suicide.

Ohio's Waiting Period For Sealing A Non-Conviction: Before The Ohio Supreme Court

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 individual's record of a non-conviction.

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 violating university policy. This is because when a crime is committed, the university will inevitably initiate disciplinary proceedings during which at least one hearing will occur. Even if the student is not charged with a crime, the university will initiate disciplinary proceedings against the student if there is reason to believe the student violated the university's code of conduct.

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 investigation.

An Unconstitutional Search? A Warren County Case Makes Its Way Up To The Ohio Supreme Court

This week, the Ohio Supreme Court will hear oral arguments in State of Ohio v. Jamie Banks-Harvey. The issue before the court is whether the police may search an individual's purse after the individual is arrested and placed in a cruiser but before the individual is transported to jail.

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 questioning the suspect by telling police that the suspect "does not want to be questioned" and he "wants a lawyer". Despite the family's pleas, the police proceeded with the questioning of the suspect at the police station. Unfortunately, because of the police questioning, the suspect eventually made inconsistent and incriminating statements that drastically affected the outcome of his case.

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.

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 guilty of the crime.

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