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Blog Posts in 2017

  • What Happens if I Violate My Probation?

    Violating probation is a serious offense, but it does not necessarily mean you will automatically go to jail. The consequences of your violation will depend on a range of different factors, including the nature and seriousness of the violation, if you previously violated it, and if there were any other circumstances that might impact the severity of the situation. Punishment for violating your ...
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  • Do I Need an Attorney for a Misdemeanor?

    We all know that not every crime is treated equally. Depending on the severity of an offense, a punishment can be minimal or life-altering. As such, many believe that misdemeanors are on the lighter end of the offense spectrum and, therefore, might not be a big enough deal to warrant legal representation. This is a mistake, however, since misdemeanors can include jail time and, if you are not ...
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  • When Can a Juvenile Offender Be Tried as an Adult?

    Typically, the juvenile court is much more lenient in punishments than adult court. According to the law, kids are far more likely to respond well to rehabilitation and counseling, so a child might be assigned a less severe sentence than the average adult. However, in some cases, children do get charged as adults and serve adult sentences. Ohio law states a child can only be tried as an adult if ...
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  • Defenses for Marijuana Possession

    While medical marijuana was recently ruled more or less legal for some drug users with permission from their doctors, others who don’t have qualifying conditions or who want to use the drug recreationally might still be charged for possession of marijuana. Not only could you face prosecution by the state of Ohio, but you could also be federally charged. For those who are caught with the drug, ...
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  • Can I Apply for a Hardship License?

    When people have been arrested for and convicted of operating a vehicle impaired (OVI), they usually lose their licenses for a specific period of time. Driving, after all, is considered a privilege, not a right. However, for people who depend on their cars to get to and from work, for example, they might be able to apply for what is called a hardship license. Hardship licenses allow people to ...
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  • Is Marijuana Legal in Ohio?

    As of 2016, some people are allowed to use marijuana, but they must have medical permission to do so. Ohio’s new medical marijuana law gives patients an affirmative defense against a drug charge if they have a doctor’s note and meet certain criteria. According to the law, a patient’s doctor must certify in writing a bona fide relationship exists, the patient has 1 of about 20 qualifying ...
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  • Am I Eligible for Expungement in Ohio?

    If you were convicted of criminal charges, you no doubt have already realized that the consequences of a conviction reach beyond your fines, jail time, and other penalties. With a criminal record, it can be difficult to find employment, housing, and more, not to mention that it can put a strain on existing personal and professional relationships. An expungement can seal your criminal record, ...
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  • What Crimes Require Sex Offender Registration?

    In 2008, Ohio adopted the Adam Walsh Act. This changed Ohio’s Sex Offender Registration laws by classifying sex offenders by tiers, rather than by the previous designations of “Sexual Predator” or “Sexually Oriented Offender”. Sex Offender Tier Classification System in Ohio Under Ohio law, sex offenders must register on a periodic basis that is determined by their Tier classification. ...
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  • Penalties for OVI & Child Endangerment

    The crime of “child endangerment” is a criminal act or failure to act which places a child’s health or safety at risk of imminent danger. Ohio law regarding endangering children is design to protect those who are unable to help themselves, such as children under 18 years of age and physically or mentally handicapped individuals under 21 years old. Creating a substantial risk to the health or ...
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  • Keeping Your Memorial Day OVI Free

    With Memorial Day weekend only a few weeks away, many people are planning festive celebrations to kick off the official beginning of summer. If part of your festivities involves drinking alcohol, ensure that you have a course of action to avoid an OVI arrest since there will most likely be a lot more Ohio police officers out this weekend to keep an eye out for drunk drivers, as well as OVI ...
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  • Most Common OVI Mistakes

    If you were recently arrested for an OVI in Ohio, there is still a possibility that your case can be entirely dismissed or have your charges reduced significantly. You need to be aware of the potential mistakes which could have adverse effects on your case. The following are the most common mistakes that could jeopardize your pending OVI case: Say something incriminating. There is often no way of ...
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  • What to Do If My Child Faces OVI Charges?

    In Ohio, persons under the age of 21 who are charged with drunk driving offenses face a different situation compared to those who are over 21 years old. Although the BAC for those age 21 and over is .08%, the limit for those under the age of 21 is .02%. Those who under 21 years old are prohibited from consuming alcohol, which is why the limit is reduced significantly compared to those who can ...
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  • Examining Ohio's Criminal Law: Statute of Limitations

    Statutes of limitations set forth the maximum time period within which the government may charge an individual with the commission of a crime. Failing to level the charges within the applicable time period will likely result in dismissal of the case. Ohio Statute of Limitations While the statute of limitations usually varies with the crime, generally, violent crimes have a longer statute of ...
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  • DUI CHECKPOINT UPDATE

    The Ninth District Court of Appeals recently came out with an important decision regarding probable cause to arrest at DUI checkpoints. The case arose in Summit County, Ohio and is captioned State of Ohio v Steven Hopp. DUI checkpoints have been frequently used in Ohio. At these checkpoints the police set up at a location and stop motor vehicles passing through to check for signs of impaired ...
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  • Ohio's "Good Samaritan" Law For Drug Overdoses

    Ohio has recently enacted a “Good Samaritan” law pertaining to the prosecution of persons for a minor drug possession offense after seeking medical assistance for themselves or another regarding a drug overdose. The following is a brief overview of the new law. The law is part of O.R.C. 2925.11 Possession of Controlled Substances. It was recently enacted in response to the current heroin epidemic ...
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