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Archive for October, 2014

Norton DUI Attorney

What is a Norton DUI attorney? A Norton DUI lawyer handles: OVI as defined in Ohio Revised Code 4511.19. Physical Control cases as defined in Ohio Revised Code 4511.194. Operating a vehicle after underage consumption, as defined in Ohio Revised Code 4511.19. What court does a Norton DUI go to? Misdemeanor DUIs in Norton are heard in Barberton Municipal Court, 576 W. Park Ave., Barberton, Ohio 44203, and sometimes in Norton Mayor’s Court, 4060 Columbia Woods Drive, Norton, Ohio 44203.  Felony DUIs in Norton are heard in Summit County Court of Common Pleas, 209 S. High Street, Akron, Ohio 44308.  Juveniles accused of DUI in Norton will have their cases heard in the Summit County Juvenile Court, 650 Dan Street, Akron, Ohio 44310. (more…)

Norton Divorce Attorney

What is a Norton divorce attorney? A Norton divorce lawyer provides representation for divorce, dissolution, post-decree motions, paternity complaint, child custody, child support, civil protection orders, and  motion to modify parental rights and responsibilities. Where both parents are Norton residents, such cases would originate in the Summit County Domestic Relations Court, 205 S. High Street, Akron, Ohio 44308. This article will limit the scope to outlining the basic hearings for  divorces, but does not set out every possible motion or procedure in such cases. (more…)

Norton Criminal Defense Attorney

What is a Norton criminal defense attorney? A Norton criminal defense lawyer provides defense for a variety of criminal cases, ranging from traffic offenses to misdemeanors and felonies. What is the criminal justice system like for a person accused of a crime in Norton? There are numerous possibilities, but this article will describe the typical procedures.  For example, referrals to diversion or intervention in lieu of conviction are not discussed within the frameworks described below.

Norton Misdemeanor Cases

  Misdemeanors can start in Norton Mayor’s Court, but are also heard in the Barberton Municipal Court, 576 W. Park Ave., Barberton, Ohio 44203. The first appearance is usually the arraignment, where the accused is informed of the charges and potential penalties for the charges.  After the arraignment, the matter is set for pre-trial.  If the matter is not resolved at pre-trial, then it may be set for trial.  Plea bargains typically resolve the entire case by an agreement to the charges and sentence.  However, sometimes the court will want to know more about the case and will order a pre-sentence investigation (PSI) prior to sentencing. (more…)

Doylestown Ohio Bankruptcy Attorney

What does a Doylestown Ohio bankruptcy attorney do for his clients? A Doylestown Ohio bankruptcy lawyer does not file the bankruptcy petition in Doylestown or any of the courts in Wayne County.  In fact, the bankruptcy petition is not filed in state court at all.  It is filed in federal bankruptcy court.  Because the overwhelming majority of Doylestown residents are in Wayne County, this article will focus on the path of a bankruptcy for a Wayne County resident.  For the few Doylestown residents who happen to be in Medina County, you may refer to any of my articles that show the path of a bankruptcy for a Medina County resident.  Now, turning back to the majority of Doylestown residents who live in Wayne County, Doylestown residents, like all Wayne County residents, would file their petition in the Northern District of Ohio Bankruptcy Court, Canton Division.  The Canton division handles cases for the following counties:  Wayne, Stark, Holmes, Tuscarawas, Ashland, Carroll, Richland and Crawford. (more…)

Taxes Affecting A Decedent’s Estate

Are there taxes affecting a decedent’s estate? Ohio repealed its estate tax effective January 1, 2013.  Does that mean there is no estate tax?  Of course not.  I would not be writing an entire article on this topic if that were the case.  This article is being written in 2014, so if you are reading this later, the numbers may have changed. There are no taxes on the first $5,340,000.00 of an estate. After that, the tax rate is 40%.  However, one can deduct the funeral and burial costs, payment of debts, gifts to charities and most transfers to the surviving spouse.  A surviving spouse may wish to file a federal estate tax return, as that may allow the surviving spouse to leave $10,680,000.00 in the estate without having to pay federal estate taxes. (more…)

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.  This is known as the good faith exception.  If the criminal record computer system, otherwise known as LEADS, shows that someone has an arrest warrant, the police can arrest the person.  Even if that computer entry later turned out to be wrong and the warrant was quashed well before the arrest was made, the arrest is still valid because the police were acting on good faith reliance on the computer records.  The computer records, which includes LEADS and BMV records, tells police the person’s record, whether the driver’s license is valid, active warrants, active civil protection orders, and violent tendency warnings. (more…)

Hinckley DUI Attorney

What is a Hinckley DUI attorney? While some may also commonly refer to such an attorney as a Hinckley driving under the influence attorney, the better term is a Hinckley OVI attorney.  OVI is defined in Ohio Revised Code 4511.19 (R.C. 4511.19), bearing the title “operating vehicle under the influence of alcohol or drugs.”  OVI cases typically consists of two separate charges: (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs.  The statute provides for a minimum license suspension of 180 days and a minimum period of incarceration of 72 hours upon a conviction for an OVI or BAC charge.  Such minimum penalties increase with a variety of factors. (more…)

Hinckley Divorce Attorney

What is a Hinckley divorce attorney? A Hinckley divorce lawyer provides representation for divorce, dissolution, post-decree motions, paternity complaint, child custody, child support, civil protection orders, and motion to modify parental rights and responsibilities. Where both parents are Hinckley residents, such cases would usually be heard in the Medina County Domestic Relations Court, 99 Public Square, Medina, Ohio 44256. This article will limit the scope to outlining the basic hearings for  divorces and dissolutions, but does not set out every possible motion or procedure in such cases. (more…)

Hinckley Criminal Defense Attorney

What is a Hinckley criminal defense attorney? A Hinckley criminal defense lawyer provides defense for a variety of criminal cases, including traffic, misdemeanors, and felonies. Misdemeanors are heard in the Medina Municipal Court, 135 North Elmwood Ave., Medina, Ohio 44256. Felonies may start out in the Medina Municipal Court, but the bulk of the case will be heard in the Medina County Court of Common Pleas, 93 Public Square, Medina, Ohio 44256.  Juvenile cases are heard in juvenile court in the same location as the common pleas court. (more…)

Wadsworth Bankruptcy Attorney

What is a Wadsworth bankruptcy attorney? A Wadsworth bankruptcy lawyer does not file the bankruptcy petition in Wadsworth, nor does the attorney file the petition in Medina.  Instead, the Wadsworth bankruptcy lawyer looks to the bankruptcy court, which is part of the federal court system.  A Wadsworth resident’s bankruptcy petition is filed in the Northern District of Ohio Bankruptcy Court, Akron Division, which handles cases from Medina County, Summit County and Portage County.  The hearings for Chapter 7 bankruptcy cases are held at the trustee hearing room at 76 S. Main Street, Atrium Level #120, Akron, Ohio 44308.  This location is more commonly known as the Orangerie Mall.  The hearings for Chapter 13 bankruptcy petitions are held at the Chapter 13 Trustee’s office, which is located at the PNC Center, One Cascade Plaza, 20th Floor, Akron, Ohio 44308.  An informational video plays in a continuous loop in the Chapter 13 Trustee’s office on hearing days.  These hearings will not go forward unless your bankruptcy lawyer has ensured that the trustee has received all the required information and documentation in a timely fashion.  The bankruptcy petitioner must bring photographic identification and a social security card to the hearing.  The attorney advises the client and ensures that the necessary filings are made so that the client can receive a discharge of their debts. (more…)

Miranda Warnings

Before the police can question someone who is in custody, they must give Miranda warnings, which are:

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney.  If you cannot afford an attorney, one will be appointed to you.

Failure to comply with this requirement can result in suppression of evidence after the filing of a motion to suppress. The United States Supreme Court, in Miranda v. Arizona, 384 U.S. 436 (1966), said that the warnings must be given “when an individual is taken into custody or otherwise deprived of his freedom by the authorities in any significant way, and is subjected to questioning, the privilege against self-incrimination is jeopardized.  Procedural safeguards must be employed to protect the privilege.” (more…)

Barberton DUI Attorney

What is a Barberton DUI attorney? While some may also commonly refer to such an attorney as a Barberton driving under the influence attorney, the better term is a Barberton OVI attorney, or Barberton operating a vehicle under the influence attorney.  OVI is defined in Ohio Revised Code 4511.19 (R.C. 4511.19), bearing the title “operating vehicle under the influence of alcohol or drugs.”  OVI cases typically consists of two separate charges: (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs.  The statute provides for a minimum license suspension of 180 days and a minimum period of incarceration of 72 hours upon a conviction for an OVI or BAC charge.  Such minimum penalties increase with a BAC of .17 or more, and prior convictions for OVI or BAC. (more…)

Barberton Divorce Attorney

What is a Barberton divorce attorney? A Barberton divorce lawyer provides representation for divorce, dissolution, post-decree motions, paternity complaint, child custody, child support, civil protection orders, and motion to modify parental rights and responsibilities. Where both parents are Barberton residents, such cases would originate in the Summit County Domestic Relations Court, 205 S. High Street, Akron, Ohio 44308. This article will limit the scope to outlining the basic hearings for  divorces, dissolutions, and paternity cases, but does not set out every possible motion or procedure in such cases. (more…)

Barberton Criminal Defense Attorney

What is a Barberton criminal defense attorney? A Barberton criminal defense lawyer provides defense for a variety of criminal cases.  Such cases include traffic cases, such as speeding, driving under suspension (DUS), leaving the scene of an accident (hit skip), and DUI or OVI.  A Barberton criminal lawyer provides defense for misdemeanor cases, including assault, domestic violence, petty theft and disorderly conduct.  A Barberton criminal attorney provides defense for felony cases, including felony theft, trafficking in drugs, sex crimes, and felony DUI or felony OVI.  This is not a complete list, as the number of crimes fill books and are too numerous to list here. What is the criminal justice system like for a person accused of a crime in Barberton? There are numerous possibilities, but this article will describe the typical procedures.  For example, referrals to diversion or intervention in lieu of conviction are not discussed within the frameworks described below. (more…)

Rittman Bankruptcy Attorney

What is a Rittman bankruptcy attorney? A Rittman bankruptcy lawyer prepares the client’s petition for filing in the Northern District of Ohio Bankruptcy Court, Canton Division.  This bankruptcy court’s jurisdiction consists of Wayne County, Stark County, Holmes County, Tuscarawas County, Ashland County, Carroll County, Richland County and Crawford County.  The hearings for Chapter 7 bankruptcy cases are held at the trustee hearing room in the Ralph Regula Federal Building and United States Courthouse, 401 McKinley Avenue S.W., Canton, Ohio 44702.  The hearings for Chapter 13 bankruptcy petitions are held in the same location as the Chapter 7 hearings.  Canton Chapter 13 hearings begin with a mandatory informational class with the bankruptcy filers only, followed by the actual hearing with the Chapter 13 trustee and the debtor’s attorney present.  This class does not take the place of the mandatory financial management class.  These hearings will not go forward unless your bankruptcy lawyer has ensured that the trustee has received all the required information and documentation in a timely fashion.  The bankruptcy petitioner must bring photographic identification and a social security card to the hearing.  The attorney advises the client and ensures that the necessary filings are made so that the client can receive a discharge of their debts. (more…)

How Should I Dress For Court?

I am often asked, how should I dress for court?  The unwritten rules are the same, whether the court is located in Ohio courts in Medina, Akron, Wooster, or any other city that has a courthouse.  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 will usually hear the attorney apologize for their appearance and that they only learned of the court hearing at the last minute.

Do You Have To Dress Like An Ohio Lawyer?

  While the court will not usually require you to dress a certain way, it is a good idea to dress in a way that shows respect for the court. For men, this would consist of a nice pair of slacks and a dress shirt.  Some men choose to wear a suit for trial.  For women, this would consist of a nice pair of slacks or dress with a nice blouse or sweater. (more…)

Medina DUI Attorney

What is a Medina DUI attorney? While some may also commonly refer to such an attorney as a Medina driving under the influence attorney, the better term is a Medina OVI attorney, or Medina operating a vehicle under the influence attorney.  OVI is defined in Ohio Revised Code 4511.19 (R.C. 4511.19), bearing the title “operating vehicle under the influence of alcohol or drugs.”  OVI cases typically consists of two separate charges: (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs.  The statute provides for a minimum license suspension of 180 days and a minimum period of incarceration of 72 hours upon a conviction for an OVI or BAC charge.  Such minimum penalties increase with a BAC of .17 or more, and prior convictions for OVI or BAC. (more…)

Medina Divorce Attorney

What is a Medina divorce attorney? A Medina divorce lawyer provides representation for divorce, dissolution, post-decree motions, paternity complaint, child custody, child support, civil protection orders, and motion to modify parental rights and responsibilities. Where both parents are Medina residents, such cases would originate in the Medina County Domestic Relations Court, 99 Public Square, Medina, Ohio 44256. This article will limit the scope to outlining the basic hearings for  divorces, dissolutions, and paternity cases, but does not set out every possible motion or procedure in such cases. (more…)

Medina Criminal Defense Attorney

What is a Medina criminal defense attorney? A Medina criminal defense lawyer provides defense for a variety of criminal cases.  Such cases include traffic cases, such as speeding, driving under suspension (DUS), leaving the scene of an accident (hit skip), and DUI or OVI.  A Medina criminal lawyer provides defense for misdemeanor cases, including assault, domestic violence, petty theft and disorderly conduct.  A Medina criminal attorney provides defense for felony cases, including felony theft, trafficking in drugs, sex crimes, and felony DUI or felony OVI.  This is not a complete list, as the number of crimes fill books and are too numerous to list here. (more…)

Medina Bankruptcy Attorney

What is a Medina bankruptcy attorney? A Medina bankruptcy lawyer prepares the client’s petition for filing in the Northern District of Ohio Bankruptcy Court, Akron Division.  This bankruptcy court’s jurisdiction consists of Medina County, Summit County and Portage County.  The hearings for Chapter 7 bankruptcy cases are held at the trustee hearing room at 76 S. Main Street, Atrium Level #120, Akron, Ohio 44308.  This location is more commonly known as the Orangerie Mall.  The hearings for Chapter 13 bankruptcy petitions are held at the Chapter 13 Trustee’s office, which is located at the PNC Center, One Cascade Plaza, 20th Floor, Akron, Ohio 44308.  These hearings will not go forward unless your bankruptcy lawyer has ensured that the trustee has received all the required information and documentation in a timely fashion.  The bankruptcy petitioner must bring photographic identification and a social security card to the hearing.  The attorney advises the client and ensures that the necessary filings are made so that the client can receive a discharge of their debts. (more…)