Drug Charges Thrown Out Where Officer Illegally Prolonged Traffic Stop

April 14, 2020  |   Posted by :   |   Columbus Criminal Defense, Columbus Traffic Law   |   Comments Off on Drug Charges Thrown Out Where Officer Illegally Prolonged Traffic Stop

Police Search Car After Issuing Traffic Citation Warning, Prolonging Stop By Walking Two Canines Around the Vehicle; Passenger Charged with Drug Possession  In State v. King, 2020-Ohio-1312, the driver was stopped for following other vehicles too closely.  During the stop, the officer noticed several knives and flashlights throughout the vehicle. Based on his training and […]

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Can You Refile for Expungement in Ohio After an Application Was Denied?

April 13, 2020  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Can You Refile for Expungement in Ohio After an Application Was Denied?

Ohio has laid out certain rules and guidelines for filing an application to have a criminal conviction sealed or expunged. One general rule is that once a judge has denied an application for expungement, the applicant is not allowed to re-file in the future. However, an exception to this rule exists where an applicant for […]

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Drug Possession and Firearm Case Thrown Out Where Police Illegally Detained Defendant on a “Hunch”

April 06, 2020  |   Posted by :   |   search and seizure   |   Comments Off on Drug Possession and Firearm Case Thrown Out Where Police Illegally Detained Defendant on a “Hunch”

The Franklin County Court of Appeals threw out a conviction for possession of drugs when it found that police officers illegally detained someone and later arrested him when the officers found drugs in the vehicle. State v. Carter, 2020-Ohio-589 The Court issued a ruling stating that the police detained the Defendant on a hunch of […]

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Can You Be Charged Criminally for Not Paying Child Support After the Child’s 18th Birthday?

April 06, 2020  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Can You Be Charged Criminally for Not Paying Child Support After the Child’s 18th Birthday?

Many understand that not following a court order for child support payments can lead to criminal charges. But can people still be charged for non-payment after the juvenile’s 18th birthday? There is a disagreement among the various Courts of Appeals in Ohio, but the current law is that if a violation of the child support […]

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Can Growing and Using Drugs (Marijuana / Mushrooms) Be Protected by the First Amendment in Ohio?

April 06, 2020  |   Posted by :   |   Ohio Drug Laws   |   Comments Off on Can Growing and Using Drugs (Marijuana / Mushrooms) Be Protected by the First Amendment in Ohio?

Many know that laws are generally prohibited from restricting religious beliefs. But sometimes situations arise where religious beliefs are at odds with others laws that are not directly designed to interfere with religion. The general rule is that when religious beliefs are at odds with a compelling government interest, the courts will defer to the […]

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Drivers in an Accident Need to Wait for Officer Only if They Know Officer Was Called to Avoid Hit Skip Charge

March 26, 2020  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Drivers in an Accident Need to Wait for Officer Only if They Know Officer Was Called to Avoid Hit Skip Charge

The Ohio Supreme Court recently issued a ruling that changes what drivers must provide at the time of an accident. These changes impact Ohio’s laws for leaving the scene of an accident, also known as “Hit and Skip.” In State v. Bryant, Slip Opinion No. 2020-Ohio-1041, The Supreme Court of Ohio states that a driver […]

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Penalties for Violation Ohio’s “Stay at Home” Order During the Coronavirus Pandemic

March 23, 2020  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Penalties for Violation Ohio’s “Stay at Home” Order During the Coronavirus Pandemic

On March 22, 2020, Ohio Governor Mike DeWine issued a public health directive that ordered all non-essential Ohio employees must stay inside their homes with the exception of purchasing groceries, medical visits, family necessity, and exercise. HOW LONG WILL THE ORDER BE IN PLACE? The order will go into effect at 11:59pm on March 23, […]

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Expired Ohio Drivers’ License, Failure to Reinstate in Ohio and the Coronavirus Pandemic

March 23, 2020  |   Posted by :   |   Columbus Traffic Law   |   Comments Off on Expired Ohio Drivers’ License, Failure to Reinstate in Ohio and the Coronavirus Pandemic

Many drivers throughout Ohio are facing issues as the Ohio Bureau of Motor Vehicles (BMV) has significantly reduced its operations following orders of the Governor regarding Coronavirus precautions. The only BMV offices open at this time are the for the issuance and renewal of commercial driver’s licenses (CDLs).  Drivers often think that when a suspension […]

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My Court Date was Postponed Due to the Coronavirus Pandemic. How Can I Make Sure I Don’t Miss My Court Date and Get a Warrant?

March 22, 2020  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on My Court Date was Postponed Due to the Coronavirus Pandemic. How Can I Make Sure I Don’t Miss My Court Date and Get a Warrant?

Many courthouses across Ohio have suspended or limited operations in response to the ongoing Coronavirus situation. This has left many people wondering about when their next court date will be scheduled for, and how will they be notified of the next court date. Courts in Ohio are continuing cases as a health precaution, and most […]

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CAN A COURT IMPOSE ADDITIONAL PENALTIES IN A SENTENCING MEMO AFTER A DEFENDANT’S SENTENCING HEARING?

February 25, 2020  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on CAN A COURT IMPOSE ADDITIONAL PENALTIES IN A SENTENCING MEMO AFTER A DEFENDANT’S SENTENCING HEARING?

The Ohio Court of Appeals recently vacated a portion of a sentence after it was determined the trial court judge failed to inform Defendant of the penalties at a sentencing hearing. In Perrysburg v. Wells, 2019-Ohio-4620, Defendant was originally charged with OVI, but the case was amended to a lesser charge by the prosecutor. Defendant […]

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