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Blog Posts in 2015

  • When Do the Police Have to Read You Your Rights?

    When I interview a new client, one of the first things that they usually tell me is that the police did not read them their rights. Many people have the incorrect idea that if the police do not read them their rights, then the case must be dismissed. Unfortunately, this is not correct. The term "reading your rights" refers to the Miranda Warnings which the police are required to give to anyone who ...
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  • What you need to know about DUI Checkpoints

    Now that the holidays are here, local police officers will be setting up DUI Checkpoints on a regular basis. Normally the police are required to observe traffic violations in order to stop drivers, however the law provides that in certain circumstances they can set up checkpoints in order to investigate whether drivers are operating their vehicles under the influence of alcohol. The normal method ...
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  • Ohio's Marijuana Possession Defined

    While marijuana possession and use is becoming legal in some states throughout the country, it is still currently illegal in the state of Ohio. It can lead to possible fines, jail time, and a conviction of marijuana possession results in a minimum suspension of your driver’s license for six months. The idea of possession is a little abstract and has some gray areas. For example, you do not need to ...
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  • Monitoring Your BAC

    In Ohio, like in every state, the legal blood alcohol percentage legal limit is 0.08%. Everyone knows that they shouldn’t drink and drive. Many people think they have a system figured out to get right under the limit and still be able to drive. They think they know when to stop drinking and switch to water, how long to wait to drive, and how to beat the system. However, the truth is that several ...
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  • Underage Drinking: Related Crimes and Punishments

    In the early college years, it is common to encounter social situations that involve alcohol being present. The ages 18-20 can be very formative years where a young person will run into peer pressure and the wanting to fit in. The fact is though, if you are caught buying, possessing or consuming alcohol underage, you can be subject to several penalties. There various underage alcohol related laws ...
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  • Ohio Expungement Eligibility

    A criminal record can have rippling effects years after the initial crime took place. Securing employment and housing may be difficult along with the stain left on your reputation for all to see. Ohio has a solution for this problem. For people who have paid their time, learned their lesson, and have been fully rehabilitated, there is a legal process called expungement. Expungement is a legal ...
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  • Think Before You Use Social Media

    Earlier this year, a teenager in Pennsylvania was charged with murder after he sent a picture of him posing with the body through the app Snapchat. Before the picture disappeared, the recipient screenshot it and turned it into authorities. While this is an extreme example, more and more people are being incriminated for their posts to social media. Tightening privacy settings are not enough to ...
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  • Ohio Votes Against Legalization of Marijuana

    On November 3, 2015, the voters in the State of Ohio voted against Issue 3 for the legalization of recreational and medicinal marijuana. In the past three years, the states of Colorado, Alaska, Oregon, Washington and the District of Columbia have all passed the legalization of recreational marijuana. The vast majority of these states started by legalizing medicinal marijuana. Although the parties ...
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  • Prostitution and Solicitation in Ohio

    These two crimes are very similar and are often seen together. Prostitution is the actual exchanging of sexual acts for money while solicitation is the attempting to exchange sexual acts for money. Prostitution requires the sexual act to be done while solicitation only requires the agreement to be made. While it is uncommon to have one without the other, they both have different sub-categories ...
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  • More People Required to Register as a Sex Offender

    A recent incident in Baltimore, Ohio resulted in a new category being added to the list for those who must register as sex offenders in the state of Ohio. Police charged a man with public indecency after he was caught flashing school buses from his apartment. Public indecency is a crime committed “for the thrill” and can be charged as a misdemeanor or felony. A person can be charged with public ...
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  • Field Sobriety Tests

    You have just been pulled over for being suspected of operating a vehicle while impaired. The police officer will most likely ask you to perform some field sobriety tests to confirm his suspicions. Here is some important information to consider before agreeing to perform the tests. In Ohio, you have the right to refuse to take a field sobriety test. The office will probably warn you that the ...
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  • DUI/OVI Tips, Misconceptions and Mistakes

    Can I be charged even though I am not driving? There is some confusion over what “operating a vehicle” exactly means. If you have one too many drinks and think it is safer to sleep in your car than try to drive home, it is ok to sleep in the back seat but put the keys in the front. This way you cannot attain physical control of the car. If you are in the front seat with the keys in your pocket and ...
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  • Doubts about Reasonable Doubt?

    From movies and TV shows, nearly every person has heard the term “reasonable doubt”. But what is reasonable doubt? It may be easy to think you know what reasonable doubt is but it’s vital to know exactly what it means in case you have to rely on it one day. Under the Fifth and Fourteenth Amendment of the Constitution of the United States of America, a criminal case must be proven beyond a ...
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  • Common White Collar Crimes

    White collar crimes are nonviolent crimes that can range from fraud to tax evasion. Many of these are considered federal offenses and carry steeper punishments and higher fines. These are often heard in the news regarding corporate America’s fortune 500 companies but anyone can be found guilty of a white collar crime. Some of the more common white collar crimes include wire fraud, identity theft, ...
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  • College Shenanigans = Serious Penalties

    For a lot of people, college will be the most fun and wild years of their life. A lot of stories will be created and friendships will be formed that will last a lifetime. The newly discovered independence and easy access to drugs and alcohol is a hotbed for experimentation and poor decisions. However, being a college student doesn’t make you immune to the long arm of the law. Many people see ...
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