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Criminal Defense Archives

Can A Prosecutor Threaten Me with Additional Charges To Induce A Plea?

If you have been exposed to the criminal justice system, you've likely witnessed the tremendous power of the prosecution. In a criminal case, the prosecutor has a substantial amount of influence, even before a trial begins.

Hiring A Lawyer For A Misdemeanor

Criminal charges are scary. A criminal conviction, even a misdemeanor, carries several collateral consequences including employment restrictions, incarceration, lost school opportunities, and reputational costs. Fighting criminal charges can be costly and stressful.

Murder: Life In Prison, Sometimes Death Row

In Ohio, a person charged with murder is accused of killing another human being purposefully; in other words, "murder" is when someone intends to kill another person. If no intent to kill exists, then it's not "murder." Anyone that is convicted of murder must be sentenced to life in prison, no exceptions. However, sometimes a conviction for murder can also result in the death penalty.

False Confessions - They Happen All The Time

Most people believe that they would "never confess to a crime that they didn't commit." And yet, 38% of juveniles who were later found to be not guilty involved false confessions1. The Innocence Project found that 25% of cases where a convicted defendant was later released after DNA proved s/he was innocent involved false confessions2.

The (Un)Reliability of Witness Testimony

"But I have an eyewitness!" Criminal lawyers so often turn to this phrase thinking that it is the silver bullet in a negotiation or trial. A recent New York Times piece, however, cites the growing body of evidence that ""eyewitness testimony is the least reliable evidence you can have."

Double Jeopardy

When most Americans hear the phrase "double jeopardy" it usually brings to mind one of two scenarios: 1) a chance for a contestant to score big on the TV gameshow "Jeopardy!", or 2) the idea that you cannot be tried twice for the same crime. While recently the former has been getting a lot of attention in the news, the United States Supreme Court had an opportunity to provide very important insight into the latter.

Some Laws Seem Like An April Fools' Joke, But They're Real

Laws and regulations can be passed at the city, county, state and federal levels. Laws tend to pile up in the dark and dusty corners of government. We rarely go back and clean out these old laws by officially repealing them. As a result, there are some truly strange laws that stayed on the books long past the point where they were useful. Here is just a sliver of the odd laws that apparently made sense to officials at the time.

No Charges After Rape Investigation

We recently represented a young man in his early 20s who began dating a young woman. Their relationship lasted for few months. During their relationship, they engaged in consensual sexual activity between 30 to 50 times. They had sex between 10-12 times in a state park at night in the young man's car.

Quick Primer on the Sealing of Criminal Records

Ohio has recently expanded the eligibility for sealing one's criminal record. Ohio law now permits up to five low level felonies to be sealed so long as a defendant does not have anything more serious on his or her record. It also permits potentially unlimited misdemeanors to be sealed. Also, a Defendant is able to seal a misdemeanor conviction and some third-degree felonies when he or she has no more than one misdemeanor and one third degree felony conviction. Certain exceptions exist, however, whereby an individual with more than two convictions may still be eligible. For example, multiple charges that arose from the same incident (such as a defendant who is charged with trespass and disorderly conduct as part of the same course of conduct) would likely be viewed as one conviction for purposes of sealing. Also, minor misdemeanors, such as possession of drug or drug paraphernalia, do not count as a conviction for purposes of sealing.

  1. Distinguished AV | LexisNexis Martindale-Hubbell | Peer Review Rated For Ethical Standards and Legal Ability
  2. Super Lawyers
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  5. Million Dollar Advocates Forum
  6. Multi Million Dollar Advocates Forum
  7. The National Trial Lawyers | Top 100 Trial Lawyers
  8. The National Trial Lawyers | Top 40 Under 40

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