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Posts tagged "criminal defense"

License Intervention Programs

Many Ohio drivers find themselves charged with "driving under suspension" after a routine traffic stop. Many of those same drivers had no knowledge that their license was even suspended until they were informed of the suspension by a police officer.

Ohio's Sexually Violent Predator Specification

Ohio Revised Code § 2941.148 outlines Ohio's sexually violent predator specification. It can be applied to sexually violent offenses-namely homicide, assault, and kidnapping. This specification can be used to add onto or enhance sentences. The exact enhancement depends on the underlying sexual offense. Ohio Revised Code § 2971.03 lists a number of specific underlying offenses and the corresponding specification sentence. In many instances the specification carries the possibility of life in prison. 

Ohio's Shift Back to Indefinite Sentencing: Reagan Tokes Law and Current Local Controversy

On March 22nd of this year, indefinite sentencing returned to Ohio through Senate Bill 201 known as the "Reagan Tokes Law." Indefinite sentencing is where a defendant is sentenced to an indefinite range or term of years, with release determinations made by the Parole Board based upon conduct of the incarcerated offender. Definite sentencing, on the other hand, is when the judge sentences a defendant to serve a definite number of years within an applicable range of years. Indefinite sentencing existed in Ohio prior to 1996, and has now returned through the recently enacted Regan Tokes Law. 

Eaton, Ohio, Criminal Defense Lawyers

The attorneys at Rittgers & Rittgers frequently represent people accused of crimes in Eaton Municipal Court. It is not uncommon for John R. Bernans and Neal Schuett to each have numerous cases pending in Eaton Municipal Court. Our Oxford office is quite close to Preble County and the Eaton Municipal Building. Our attorneys successfully resolve OVI, domestic violence, probation violation, and drug-related cases each year in Eaton Municipal Court. Whether you are seeking a plea bargain, bench trial, or jury trial, our attorneys have had success defending a varying degree of cases. Regardless of the type or level of offense, we would be happy to sit down and speak with you about your case. 

Penalties for Carrying a CCW on Private Property Where Prohibited

Despite Ohio being an open-carry State (meaning individuals do not need a license to carry a firearm openly in public if they are eligible to carry it), concealed carry (or "CCW") permits have become popular. These licenses permit individuals to possess a concealed firearm or carry it concealed on their person. This does not mean individuals with a CCW license can carry their firearm anywhere. There are certain exceptions that include but are not limited to government buildings, schools, and places of worship. If a CCW permit holder carries a firearm in a prohibited area, the individual could be criminally prosecuted. 

Marijuana Legalization And Ohio OVI Law

As most people know, medical marijuana was legalized in Ohio in 2016 and medical cannabis sales through dispensaries became legal in 2019. While a obtaining a medical marijuana card enables individuals to use marijuana in accordance with a doctor's prescription, many individuals believe it is a free pass to use the marijuana in whatever manner; however, it is not. There are many restrictions on its use. For instance, an individual cannot smoke medical marijuana. Anyone prescribed medical marijuana should use it in accordance with a medical doctor's prescription both, in terms of the amount used and the method of use.

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.

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