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Criminal Defense Archives

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.

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.

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