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Criminal Defense Archives

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 her threat and called 911. She told the arresting officer he hit her a few times in the back of the head and pulled her hair. Our client denied harming her or any woman. Even though the officer noted in the complaint that he did not observe any injuries, he felt as though he had probable cause to charge and arrest our client and charge him with first degree misdemeanor domestic violence based solely upon the ex-girlfriend's statements.

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 other words, even if a person has previously been given an opportunity for ILC, the court now has the discretion to permit a defendant to enroll into the program again.

We Have Seen It All And Can Help

It's Sunday morning. You just woke up to a piercing headache, a mysterious stain on your favorite shirt, and wait, what's that paper in your pocket? You pull out a crumpled up rectangular sheet of blue paper.  The words "ordered to appear" and "prohibited acts" jump off the paper. Your heart begins to race as it all comes rushing back to you. Take a deep breath. We have seen it all and we can help.

Can I Vote in Ohio if I Have Been Convicted of a Felony?

In most instances, the answer in Ohio is yes. The common misconception is that if someone has been convicted of a felony then they are not eligible to vote. Ohio, however, is one of a handful of states that allow convicted felons to vote. The only time a convicted felon is not eligible to vote is if they are currently incarcerated as part of their sentence. Upon release, though, the defendant can re-register to vote. One exception, however, is for defendants convicted of a felony related to election fraud-in those instances the defendant is permanently ineligible to vote.

Your Cell Phone Location Data: A Reasonable Expectation of Privacy? The United States Supreme Court Weighs In

A few weeks ago, a divided United States Supreme Court in Carpenter v. United States, 2018 WL 3073916, *9 held Fourth Amendment protections extend to a cell phone user's cell tower location data held by the user's wireless company. Why? A cell phone user has a legitimate expectation of privacy concerning their physical movements according to the Court.

The Importance of Character in Criminal and University Discipline Cases

Does character matter in criminal and university discipline cases? Yes! In a criminal trial or at a university hearing evidence of your good character can help you, or your persistent bad character can haunt you. Let's talk about how.

The Increased Risks in Criminal Prosecutions for International Students

College students that are charged with criminal offenses or that face University discipline must be particularly careful with how their case is handled. On the criminal side, students should heed the words that a Judge reads to them before they enter a plea: "you are hereby advised that a plea of guilty or no-contest could result in your deportation or exclusion from the United States." As one immigration practitioner recently told a client, "jail is bad, but deportation is worse."

Keeping Your Record Clean in the Digital Age

In modern society, the lingering effects of a criminal conviction often include the digital impact that your arrest will have on your career or future job prospects. Commonly, a sealed or expunged record can still have online echoes through online police blotters, local newspaper articles, and mugshot-hoarding websites to name a few.

Does Post-Conviction House Arrest Count for Jail Time Credit?

The answer is no according to the most recent decision released by the Twelfth District Court of Appeals. In State v. Hurst (2018), 93 N.E.3d 1007, 2018-Ohio142, the Court issued a decision seemingly in conflict with the decision it issued roughly a year prior to Hurst in State v. Fillinger (2017), 72 N.E.3d. 671, 2016-Ohio-8455.

Amendment To Ohio's Intervention In Lieu Of Conviction Law

Ohio has recently changed its Intervention in lieu of conviction ("ILC") statute, and the change greatly benefits defendants across the State. ILC provides for a program allowing certain categories of offenders to receive assistance and/or treatment in order avoid the ramifications of a felony conviction. It is not designed as punishment, but instead is an opportunity for certain offenders to address the underlying issues that contributed to their criminal charges and, in turn, receive a dismissal of his or her criminal charges. For more information on ILC, see our previous blog post on the topic

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