Criminal Law

New OVI Penalties Under Ohio’s Annie’s Law

Annie’s law was enacted in Ohio and went into effect April 6, 2017.  It was named after Annie Rooney, an attorney from Chillicothe, Ohio, who was hit and killed on July 4, 2013, by a driver who was a multiple OVI offender and whose blood alcohol level was more than[…]

Ohio Jury Selection

Ohio jury selection is part psychology, part hunch.  In a few minutes, attorneys must decide if a person could be fair in a particular case.  That person could be a very fair person, but may not be able to decide a particular case fairly.  On the other hand, another person[…]

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[…]

Ohio Plea Bargaining

I often hear my clients tell me that someone else got a certain sentence for a similar offense and whether they could also get the same sentence.  My usual response is that no two cases and defendants are exactly alike and so the sentences would not necessarily be exactly alike. […]

Ernesto Miranda Story

When learning about or researching many famous cases, I often wondered what actually happened to the person involved.  The legal battle and back story rarely ends with the famous case.  In my own practice, winning in the appellate court can either be a decisive victory or simply one step toward[…]

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[…]