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Posts tagged "criminal defense"

Speeding Ticket Citations

Everyone knows the feeling of driving down the interstate and seeing a law enforcement officer in the median...your stomach drops. You quickly glance at your speedometer and realize you were going well over the speed limit. Before you know it, the police officer has turned on their lights and pulled you over for speeding. On any given day, many Ohio drivers find themselves in this very scenario. Perhaps the most common traffic violation, a speeding ticket has more consequences than you would think. Depending on your traffic record, profession, or driver's license status, a person should be prepared to fight their ticket in court. While such cases can be minor, you should know your rights and be informed.

Can a Judge Order an Alleged Victim to Allow the Defendant and Their Attorney to Photograph the Inside of Their Home?

No, according a recent decision by the First District Court of Appeals. In State ex rel. S.L. v. Rucker, 2020-Ohio-584, the First District granted a writ of prohibition for S.L. preventing the trial judge from compelling her to allow the defendant or his agent access to her residence. In other words, the First District held that Judge could not order S.L. to allow the defendant access.

Ohio General Assembly to Consider Supreme Court's Proposed Bail Reform

Every year the Ohio Supreme Court proposes rules changes every year, and this year one of the rule changes impacts bail reform and Ohio Criminal Rule 46. One of the major proposed changes is a requirement that defendants have a bail hearing within two business days of arrest and that judges utilize the "least restrictive" conditions when imposing bail. Specifically:

Can Police Officers Lie To You?

Yes, police officers and detectives can lie. It is not illegal for them to do so. This does not mean all police officers do lie. But often times when they do, officers or detectives will employ deceptive tactics to suspects or people who they believe have knowledge of a crime in order to collect information. Of course, they may try this with suspects directly to obtain incriminating information or a damning admission.

Proposed Law Could Make Using Your Cellphone While Driving Illegal in Ohio

Ohio House Bill No. 468 was recently introduced which would overhaul Ohio's distracted driving laws. Currently, Ohio Revised Code § 4511.204 makes driving while texting illegal. However, unless the individual is under the age of 18, this offense is considered a secondary offense Ohio as the statute specifically states that law enforcement cannot stop someone solely as a result of he or she texting while driving. A driver can only be stopped and charged with this offense in conjunction with another traffic offense, such as speeding or going left of center.

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. 

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