Criminal Law
Is it a good idea to talk to the cops? Why not?
People ask us all the time whether they should talk to the cops. Think you can talk yourself out of a ticket, ovi, or a domestic violence? This is an interesting 4 part video of a law professor’s lecture. He is pretty entertaining and the information can be useful to many. ENJOY! …….
Ohio Revised Code penalties for misdemeanors and felonies.
I have noticed several web searches looking for a felony and misdemeanor maximum penalty chart. I have responded posting an simple, easy to read chart below …..
Do the police really have to read me my rights?
It happens all the time. A client will walk into my office to discuss a criminal matter and even before I can start the preliminary questioning about the situation, the client exasperatedly proclaims, "the police did not read me my rights." Usually, the client...
When can I have my criminal record sealed in Montgomery County?
Here is an easy to read chart answering a question that is asked weekly by many callers. When can I have my record sealed? If you are looking for information on ILC or diversion click here. Wait Periods to File Motion to Seal Record Felony conviction 3 years after...
OVI / DUI in Ohio Facts
Ohio drunk driving cases are referred to as Ohio OVI (operating a vehicle while intoxicated), Ohio DUI (driving under the influence of alcohol), or Ohio OMVI (operating a motor vehicle while under the influence, impaired, or intoxicated). All of these acronyms relate...
Diversion and ILC in Ohio Felony Cases
Most people think that when someone is indicted in Ohio for a felony that there are only two possible resolutions: (1) The person will plead or be found guilty, or (2) the person will be acquitted of the charges. That is not entirely true. Ohio has a couple of alternatives that an attorney could pursue on behalf of a felony criminal defendant. First, the attorney could file a motion for Intervention in Lieu of Conviction (“ILC”). In short, ILC basically allows a person who committed a crime due to their addiction to drugs or alcohol to receive treatment for their substance abuse problems instead of a conviction and prison time. But, ILC is not available for all felony defendants and a given defendant must first be found to qualify for ILC. Ask your attorney whether you qualify (ILC is not available for certain crimes and certain offenders). If the Court accepts the ILC it will then prescribe a particular treatment program for the defendant and suspend the pending criminal action. If the defendant does what the Court demands as far as the treatment goes, the Court will dismiss the charges and the defendant can avoid a felony conviction altogether.
The second possibility is something called “Diversion.” Diversion is similar to ILC in that if the defendant is accepted for diversion and completes a program, then ultimately he or she is not convicted of a felony. The defendant is “diverted” out of the criminal court system and given a chance to accomplish certain goals set by the program. If the defendant successfully completes the diversion program, then the Court will dismiss the charges. However, like ILC, only certain charges and certain types of criminal defendants are eligible for a diversion program.
I am clearly guilty of an Ohio Felony or Ohio Misdemeanor, why do I want a Lawyer?
People who have been caught "red-handed" in the commission of a felony in Ohio often just want to get the entire thing over and do not want to hire an attorney, believing that because they are so obviously guilty, there is nothing to do but plead guilty or no contest....
DUI / OVI Ohio Penalties
Administrative License Suspension (ALS)
• If you are stopped for drunk driving and you refuse to take the sobriety test, or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC),
the officer can take your driver’s license on the spot, and the suspension begins immediately.
• Depending on previous offenses or refusals, you can have your license automatically suspended for a period of 90 days to five years.
• The administrative suspension is independent of any jail term, fine or other criminal penalty imposed in court for a DUI offense.
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1st Offense
• Administrative License Suspension (ALS) for a prohibited BAC;
• ALS for test refusal = one year license suspension;
• Jail – Minimum of three consecutive days or 3-day driver intervention program;
• Fine – Minimum $200 and not more than $1,000;
• Court License Suspension – 6 months to 3 years.
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2nd Offense
• ALS for one year for a prohibited BAC;
• ALS for test refusal = two year license suspension;
• Jail – Minimum of 10 consecutive days or five days jail + minimum 18 consecutive days of electronically monitored house arrest combined, not to exceed 6 months;
• Fine – Minimum $300 and not more than $1,500;
• Discretionary driver’s intervention program;
• Vehicle immobilization and plates impounded for 90 days;
• Court License Suspension – 1 year to 5 years.
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3rd Offense
• ALS for two years for a prohibited BAC;
• ALS for test refusal = three year license suspension;
• Jail – Minimum 30 consecutive days to one year;
• Alternative sentence – 15 days or Jail + minimum 55 consecutive days of electronically monitored house arrest combined, maximum of one year;
• Fine – Minimum $500 and not more than $2,500;
• Mandatory attendance in an alcohol treatment program paid for by offender;
• Vehicle immobilization and plates impounded for 180 days;
• Court License Suspension – 1 year to 10 years.
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4th or More Offense or Motor Vehicle Related Felony
• ALS for three years for a prohibited BAC;
• ALS for test refusal = five years license suspension;
• Jail – Minimum of 60 consecutive days and up to one year in jail;
• Fine – Minimum $750 and not more than $10,000;
• Mandatory drug/alcohol treatment program paid for by offender;
• Vehicle Forfeiture – Mandatory criminal forfeiture of vehicle operated by offender, imposed by court;
• Court License Suspension – 3 years to Permanent Revocation.
Ohio Points for Driving / Traffic Violations / DUS
Ok, here is another handy chart for those of you with recent traffic woes. Many times our office can help with many of the violations below. Feel free to call us for a free consultation at 937-432-9775. If you are an Ohio driver who accumulates 12 or more points for...
Guns, the NFL, and the Second Amendment Rights of Players
I'm sure that everyone who follows the NFL has surely heard more than they ever cared to about the recent Plaxico Burress-shoots-himself story. And along with the discussion about his particular situation came a broader discussion about NFL players carrying handguns,...
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4461 Dayton Xenia Road
Dayton, OH 45432-1805
(937) 432-9775
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Kettering Office
5335 Far Hills Ave., Ste. 108
Kettering, OH 45429
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Piqua Office
430 N Wayne St
Piqua, OH 45356
(937) 325-8500
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Springfield Office
150 N Limestone St #217
Springfield, OH 45501
(937) 325-8500
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Trotwood Office
2541 Shiloh Springs Road
Dayton, OH 45426
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Troy Office
22 N Market St
Troy, OH 45373
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