Criminal Defense

Will Ohio Lower DUI Limit To .05

Will Ohio lower DUI limit to .05?  In March 2017, Utah’ legislature set up the state to become the first state to lower the legal threshold for drinking and driving to .05 blood alcohol concentration.  While states are looking to get more aggressive with DUI laws, such efforts can result[…]

Daniel Gigiano Reviews Defending Ohio Castles

Attorney Daniel Gigiano reviews defending Ohio castles, which is based on the age-old castle law.  Ohio’s castle law allows you to defend yourself in your home.  Otherwise known as the “castle doctrine,”  the law now recognizes the security and sanctity of the home.    Attorney Daniel Gigiano Reviews Defending Ohio Castles Past[…]

Top Twenty Ohio Traffic Accident Tips

What should you do if you are involved in a traffic accident?  Here are the top twenty Ohio traffic accident tips you should follow.  Unless otherwise specified, this list addresses traffic accidents public roads.  Stop and remain at the scene.  Give your name, address, vehicle license plate number, and name[…]

Ohio Traffic Stop Limits

Ohio traffic stop limits extend to those unique to Ohio.  The Ohio Supreme Court, in its Robinette decision, said that police officers may not request consent for a search of a vehicle, once the purpose of the initial traffic stop is completed and there is no evidence of any wrongdoing[…]

Ohio Felony Theft Laws

Ohio Felony Theft Laws are defined in Ohio Revised Code 2913.02.  If the value of the items total one thousand dollars or more but less than seven thousand five hundred dollars, then the offense is theft, a felony of the fifth degree.  This offense has a maximum prison term of[…]

Ohio Shoplifting Laws

Ohio shoplifting laws are covered by the crime of theft.  Theft can be either a misdemeanor or a felony.  Ohio Shoplifting Laws Penalties If the value of the items total less than one thousand dollars ($1,000.00), the offense is petty theft, a misdemeanor of the first degree.  This offense has[…]

Guilty Until Proven Innocent?

I have been noticing a disturbing trend over the past two years.  More potential jurors want convictions.  Some want so badly to return a verdict of guilty that they are willing to ignore the law in order to find the person guilty.  This borders on guilty until proven innocent.  How[…]

Bad Lineups Inadmissible

If the identification procedure used by the police is suggestive and unnecessary, it is a violation of the accused person’s rights.  The suggestive nature makes bad lineups inadmissible.  The courts look at the corrupting effect of the suggestive identification against the witness’s ability to make an accurate identification.  Even if[…]

Consensual Searches

When are consensual searches valid?  Generally, if someone gives the police consent to search a house, car, luggage, etc., the police can conduct the search and the court will uphold the search and the items found during the search.  However, in order to consent to a search, the person must have[…]

Good Faith Exception

The police need reasonable suspicion that a crime has been committed prior to pulling someone over or temporarily detaining them.  The police need probable cause to arrest someone.  Even if the police are wrong, as long as they acted in good faith, the stop, detention or arrest is still valid. […]