Archive | Columbus Criminal Defense

Can a Police Officer Detain a Driver Beyond a Traffic Stop Just to Search for Drugs?

August 11, 2016  |   Posted by :   |   Columbus Criminal Defense, Columbus, Ohio DUI Law, Ohio Drug Laws   |   Comments Off on Can a Police Officer Detain a Driver Beyond a Traffic Stop Just to Search for Drugs?

DOES A POLICE OFFICER HAVE AUTHORITY TO CONTINUE A TRAFFIC STOP TO SEARCH FOR DRUGS OR OTHER CONTRABAND? The Eleventh District Court of Appeals has held that although a police officer may have a suspicion of illegal activity following a traffic stop, the police officer does not have ‘open season’ to investigate matters not reasonably […]

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No Disorderly Conduct Where Profane Words Directed to Officer Are Not “Fighting Words”

June 24, 2016  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on No Disorderly Conduct Where Profane Words Directed to Officer Are Not “Fighting Words”

Ohio’s disorderly conduct statute is fairly broad when it comes to the types of acts that fall under its umbrella.  Under the broadly written statute (R.C. 2917.11), making an offensive statement could be considered disorderly conduct.  But the broad prohibitions in the disorderly conduct statute are tempered by the First Amendment. Given First Amendment freedom […]

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What Ohio Misdemeanors Can Prevent You From Getting An Ohio Concealed Carry License (CHL / CCW)?

April 05, 2016  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on What Ohio Misdemeanors Can Prevent You From Getting An Ohio Concealed Carry License (CHL / CCW)?

A conviction for a number of Ohio misdemeanors can affect your ability to get or keep your  a concealed carry license (concealed holder / CCW) in Ohio and/or your ability to own a firearm (R.C. 2923.125 & R.C. 2923.128). Felonies will also affect your ability to obtain a CCW or to own a firearm, but this […]

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What Happens if You Leave a Gas Station Without Paying in Ohio (“Pump and Run”)?

March 07, 2016  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on What Happens if You Leave a Gas Station Without Paying in Ohio (“Pump and Run”)?

Ohio Misdemeanor: Leaving Gas Station Without Paying  If you pump gas and then leave without paying – intentionally or not – it is a crime in the state of Ohio.   The crime of “pump and run” is a first degree misdemeanor in Ohio and is governed under R.C. 2913(B)(10). The crime is defined as: […]

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Domestic Violence Conviction Vacated Where Court Found No “Physical Harm”

March 07, 2016  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on Domestic Violence Conviction Vacated Where Court Found No “Physical Harm”

Ohio’s Domestic Violence Statute Ohio’s domestic violence statute is found in R.C. 2919.25(A). That section states that no person shall “knowingly cause or attempt to cause physical harm to a family member or household member.” What Constitutes “Physical Harm” Under the Domestic Violence Law? There is no requirement under R.C. 2919.25(A) that “physical harm” be […]

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Open Container Ticket Defense in Columbus

February 07, 2016  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on Open Container Ticket Defense in Columbus

Under the open container law in the Columbus City Code (Section 2325.62), it is illegal to have in your possession an opened can of beer or opened container of alcohol in the following places: On the premises of any liquor store  In any public place (unless the place has been designated as a open container area) […]

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Does Marijuana Possession or Paraphernalia in Ohio Count as a “Criminal” Record for Purposes of Employment Applications?

October 15, 2015  |   Posted by :   |   Columbus Criminal Defense, Ohio Drug Laws   |   Comments Off on Does Marijuana Possession or Paraphernalia in Ohio Count as a “Criminal” Record for Purposes of Employment Applications?

Answer: It depends on how you were charged and under what statute you were charged or convicted.  When is a Marijuana Possession Conviction in Ohio NOT Considered a Criminal Record? You do not have to report an Ohio marijuana arrest or conviction on an employment application or license if the following apply: You are arrested and charged […]

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Grandview Heights Makes it a Crime to Smoke a Cigarette Under Age 21

September 22, 2015  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on Grandview Heights Makes it a Crime to Smoke a Cigarette Under Age 21

The Grandview Heights City Council approved an ordinance last night that will make it an unclassified misdemeanor for anyone under age 21 to smoke a cigarette or use a tobacco product in the city.   Like Bexley and Upper Arlington’s new tobacco laws, the Grandview Heights law makes it a crime to sell tobacco products to […]

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Child Endangering and Disorderly Conduct Conviction Overturned for Lack of Evidence

July 31, 2015  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on Child Endangering and Disorderly Conduct Conviction Overturned for Lack of Evidence

In a recent Ohio Court of Appeals case – Cleveland Heights v. Cohen, 2015-Ohio-1636 – the appeals court reversed the defendant’s convictions for disorderly conduct and child endangering.  The court found that neither charge was supported by the evidence. For child endangering, the offender must create a “substantial risk” to the child by violating a duty of […]

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Disorderly Conduct and Resisting Arrest Charges Dismissed Where Search Was Unreasonable

July 09, 2015  |   Posted by :   |   Columbus Criminal Defense, Columbus, Ohio DUI Law   |   Comments Off on Disorderly Conduct and Resisting Arrest Charges Dismissed Where Search Was Unreasonable

An Ohio Court of Appeals recently decided another case involving an unreasonable search by police.  Here, upon responding to a noise complaint, a police officer stuck his foot in the door to prevent the resident from closing it – without a warrant and without any applicable exception to the warrant requirement. Because the search violated […]

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