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Criminal Defense Archives

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

I Plead Guilty, But Now I'm Facing This? What Can I Do?

In our criminal defense practice, it is not uncommon for a potential client to call us to ask about withdrawing a guilty plea they entered in the past. Depending on the circumstances, this can be very challenging. However, it can be done.

Can a sealed conviction be used to enhance a subsequent charge?

Under Ohio law a sealed conviction can be used to enhance a subsequent charge. Even after a conviction has been sealed Ohio law permits disclosure of it in certain instances. Ohio Revised Code § 2953.32(D)(1) allows for inspection of a record "[b]y a law enforcement officer or prosecutor, or the assistants of either, to determine whether the nature and character of the offense with which a person is to be charged would be affected by virtue of the person's previously having been convicted of a crime."

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.

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