Daniel Gigiano

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 Marriage Contracts

Ohio marriage contracts involves three parties: (1) you; (2) your spouse; and (3) the State of Ohio.  Marriage is a legal contract with rights and obligations.  Of course, marriage is not just a cold legal concept—marriage is a spiritual and personal relationship between two people.  The obligations of marriage: mutual[…]

Ohio Courtroom Attire

I am often asked what is the proper Ohio courtroom attire.  Lawyers have a clear rule: male lawyers wear a minimum of a jacket and tie and usually a suit and tie; female lawyers wear a suit or other professional attire.  If you see an attorney wearing anything else, you[…]

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. […]

Private Health Insurance Affects Child Support

There are a number of factors that are used in calculating child support.  Private health insurance affects child support.  The parent who pays for the health insurance for the children gets credit for it in the child support calculation.  However, the parent is only entitled to credit for the marginal[…]

Debt Collector Harassment

The Fair Debt Collection Practices Act (FDCPA) prohibits debt collector harassment and debt collector calls outside normal business hours.  While the law gives you some rights, it does not give you the right to avoid your debt.  The FDCPA covers only personal and household debts, but not business debts.  Typical[…]

Ohio Divorce Property Divisions

This article will discuss Ohio divorce property divisions.  Property can be real property, otherwise known as real estate.  Property can also be personal property, which includes cash, financial and retirement accounts, vehicles, and household goods.  Ohio Divorce Property Divisions Factors  Under Ohio law, there are nine factors that guide Ohio[…]

Ohio Domestic Relations Courts Divide Retirement Plans

Ohio domestic relations courts divide retirement plans, starting with the divorce decree.  First, the domestic relations court must determine who is entitled to what portion of retirement benefits.  Retirement benefits accumulated during the marriage are marital assets, and must be divided as part of an equitable division of property.  Equitable[…]

Ohio Parents Get School Records

Ohio parents get school records, even if the parent is not the custodial parent of the children.  Both parents have the right to access their child’s school records.  The schools generally recognize the right of the legal custodian and residential parent’s access to school records.  However, some schools may not always[…]