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Archive for November, 2014

Summit County Divorce Attorney

Parents and spouses who reside in Summit County may need the services of a Summit County divorce attorney.  Divorces, dissolutions, and paternity cases are heard in the Summit County Domestic Relations Court, 205 S. High Street, Akron, Ohio 44308. A divorce in the Summit Domestic Relations Court starts with the filing of a complaint, accompanied by a number of affidavits, and usually a request for temporary orders.  The Court typically sets a temporary orders hearing several weeks out from the filing of the motion for temporary orders, at which the attorneys argue the parties’ respective positions before the court.  The court issues a decision soon after the hearing.  The court later conducts pre-trials, including a discovery status conference and a pre-trial conference.  The case is later set for trial. (more…)

Creston Bankruptcy Attorney

Are you in need of a Creston bankruptcy attorney?

A Creston resident seeking bankruptcy relief needs an attorney who practices in his or her jurisdiction.  In other words, a Creston bankruptcy attorney.  Here are some basic facts a Creston resident seeking a fresh start through bankruptcy needs to know: Applicable bankruptcy court:  Northern District of Ohio Bankruptcy Court, Canton Division. Chapter 7 hearing location:  Trustee hearing room in the Ralph Regula Federal Building and United States Courthouse, 401 McKinley Avenue S.W., Canton, Ohio 44702. (more…)

What Is Shoplifting In Ohio?

Have you been picked up for shoplifting in Ohio?

While people commonly refer to stealing from a store as shoplifting, there is not an offense in Ohio that is called shoplifting.  So, what is shoplifting in Ohio?  Shoplifting in Ohio is technically known as theft, which is defined in Ohio Revised Code 2913.02 (R.C. 2913.02).  Theft can be either a misdemeanor or a felony.  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 a maximum jail term of one hundred eighty days in jail.  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 twelve months.  If the value of the items total seven thousand five hundred dollars or more and less than one hundred fifty thousand dollars, the offense is grand theft, a felony of the fourth degree.  This offense has a maximum prison term of eighteen months. (more…)

Wadsworth DUI Attorney

A Wadsworth DUI attorney handles OVI cases, as defined in R.C. 4511.19, physical control cases, as defined in R.C. 4511.194, and baby DUI cases, as defined in R.C. 4511.19. OVI cases typically consist 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.
(more…)

Wadsworth Divorce Attorney

When one or more spouses or parents reside in Wadsworth, Ohio, that person may need the services of a Wadsworth divorce attorney, who 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. A divorce case for Wadsworth residents would start in the Medina Domestic Relations Court, 99 Public Square, Medina, Ohio 44256.  The matter starts with the filing of a complaint, accompanied by a number of affidavits, often including a request for temporary orders.  The Medina County Domestic Relations Court usually initially decides temporary orders based upon a fourteen day notice and response period, but may also set the matter for hearing.  A case management hearing is usually held on its own or at the same time as the temporary orders hearing.  (more…)

Wadsworth Criminal Defense Attorney

Someone who is accused of a crime in Wadsworth needs a Wadsworth criminal defense attorney, who is available to provide defense for a variety of criminal cases, including traffic, misdemeanors, and felonies.  A Wadsworth criminal defense attorney can provide representation close to home, with knowledge of the court’s local procedures and practices. Misdemeanors are heard in the Wadsworth Municipal Court, 120 Maple Street, Wadsworth, Ohio 44281.  The first appearance consists of either of the following:  the bond hearing; or the arraignment, where the accused is informed of the charges and potential penalties for the charges.  Later, the matter is set for trial to the court.  Jury trials are set after a written demand for one.  This court does not conduct formal pre-trials, but a Wadsworth criminal defense attorney can set up an informal one with the assistant prosecutor.  The court may hold hearings on pretrial motions filed by the criminal defense attorney or the assistant prosecutor.  If the accused pleads guilty or no-contest, or is found guilty at trial, the court usually orders a pre-sentence investigation (PSI) prior to sentencing. (more…)

Seville Bankruptcy Attorney

A resident of Seville looking to file bankruptcy will need the services of an attorney that serves Seville, a Seville bankruptcy attorney.  Seville residents are in the jurisdiction of the Akron division of the Northern District of Ohio Bankruptcy Court. Chapter 7 bankruptcy consists of a quick discharge of debt in exchange for potential liquidation of all non-exempt assets.  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. (more…)

More Potential Jurors Want Convictions

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.  How have I discovered this fact?  During my twenty years of practice, I have developed a number of questions that I ask potential jurors in order to determine if they could be fair and impartial to my client.  One of these questions simply asks the potential juror if he or she would make the State of Ohio prove each and every element of the offense beyond a reasonable doubt before making a finding of guilty.  I go one step further and ask what the juror would do if the State proves all but one element beyond a reasonable doubt, with that one missing element being close but not quite there.  In my first eighteen years of practice, every potential juror answered this question correctly, which was to return a verdict of not guilty.  The first six of those years were spent as an assistant prosecutor, watching other defense attorneys ask various versions of this same question.  The other twelve of those years, I asked that question as the criminal defense attorney. (more…)

Clinton Criminal Defense Attorney

One who is arrested in Clinton, Ohio will need the services of a Clinton criminal defense attorney. What is the criminal justice system like for a person accused of a crime in Clinton? Misdemeanors are heard in the Barberton Municipal Court, starting with the arraignment or bond hearing. Then, the matter is set for pre-trial.  If the matter is not resolved at pre-trial, then it may proceed to trial to the court or jury trial.  The court may hold hearings on pretrial motions filed by the criminal defense attorney or the assistant prosecutor.  If the accused is found guilty or pleas guilty or no contest to the charges, a sentencing hearing follows. (more…)

What Is A Clinton DUI Attorney?

What is a Clinton DUI attorney?

A Clinton DUI attorney represents individuals charged with OVI, having physical control of vehicle while under the influence, and baby DUI cases.  A motion to suppress can be used to invalidate the traffic stop, field sobriety tests, arrest, breathalyzer test, blood test or urine test.  The Clinton OVI lawyer can negotiate the dismissal of charges that require additional mandatory jail time. What court does a Clinton DUI go to? Misdemeanor DUIs in Clinton are heard in Barberton Municipal Court.  Felony DUIs in Clinton are heard in the Court of Common Pleas for Summit County.  Juveniles accused of DUI in Clinton will have their cases heard in the Summit County Juvenile Court. (more…)

Clinton Divorce Attorney

Where both spouses live in Clinton, Ohio, their divorce would be filed in the Summit County Domestic Relations Court, 205 S. High Street, Akron, Ohio 44308. A Clinton divorce attorney provides representation for individuals needing assistance with divorce matters, as well as dissolution, post-decree motions, paternity complaint, child custody, child support, civil protection orders, and  motion to modify parental rights and responsibilities. A divorce in the Summit Domestic Relations Court starts with the filing of a complaint, and sometimes a request for temporary orders. The temporary orders hearing is usually held several weeks from the filing of the motion for temporary orders.  Later in the process, there are a series of pre-trials, including a discovery status conference and a pre-trial conference.  The case is later set for trial. (more…)

Orrville Bankruptcy Attorney

Orrville bankruptcy attorney

What is an Orrville bankruptcy attorney? An Orrville bankruptcy lawyer prepares and files bankruptcy petitions in the Canton Bankruptcy Court.  The hearings for Chapter 7 bankruptcy cases are held at the trustee hearing room in the courthouse, located at 401 McKinley Avenue S.W., Canton, Ohio 44702.  The hearings for Chapter 13 bankruptcy petitions are also held in the trustee hearing room in the courthouse.  Prior to the Chapter 13 hearings, debtors must sit through a mandatory informational class.  The hearings occur immediately after the class ends.  In order for the Chapter 7 or 13 hearings to go forward, the trustee must have received all the required information and documentation in a timely fashion.  The debtors must bring photo id 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…)

Unreliable Identification Cannot Be Used At Trial

If the identification procedure used by the police is suggestive and unnecessary, it is a violation of the accused person’s rights. The courts look at the corrupting effect of the suggestive identification against the witness’s ability to make an accurate identification.  Even if the witness had an adequate opportunity to view a suspect, the later use of a highly suggestive identification procedure can make the witness’ testimony inadmissible.  In other words, unreliable identification cannot be used at trial. Courts consider a number of factors, including: (1)        opportunity of the witness to view the criminal a the time of the crime; (2)        the witness’ degree of attention; (3)        the accuracy of the witness’ prior description of the criminal; (4)        the level of certainty demonstrated by the witness at the confrontation; and (5)        the length of time between the crime and the confrontation. (more…)

Medina County DUI Attorney

What is a Medina County DUI attorney? A Medina County DUI lawyer handles OVI cases, physical control cases, and baby DUI cases.  The Medina County OVI attorney can contest the grounds for the stop, arrest, or use of other evidence.  Having the OVI attorney in your corner could be the difference between spending three days at a DUI program at a local hotel, or six days in sitting in a jail cell.  On a felony DUI, the attorney could be the difference between a misdemeanor or felony conviction, which is no small matter considering OVI offenses are not eligible for expungement.

Medina County DUI Courts

  What court would a Medina County DUI be heard? Misdemeanor DUIs in Medina County are heard in Medina Municipal Court, 135 North Elmwood Ave., Medina, Ohio 44256, or in Wadsworth Municipal Court, 120 Maple Street, Wadsworth, Ohio 44281.  Felony DUIs in Medina County are heard in Medina County Court of Common Pleas, 93 Public Square, Medina, Ohio 44256.  Juveniles accused of DUI in Medina County will have their cases heard in the Medina County Juvenile Court, 93 Public Square, Medina, Ohio 44256. (more…)

Medina County Divorce Attorney

What is a Medina County divorce attorney? A Medina County divorce lawyer practices family law.  A divorce for Medina County residents begins in the Medina County Domestic Relations Court, 99 Public Square, Medina, Ohio 44256.

Medina County Divorce Process

  A divorce in the Medina Domestic Relations Court usually starts with the filing of a complaint, affidavits, and a request for temporary orders. This initial process is important as it determines support, child custody and other issues until the final hearing.  The court determines the discovery schedule and trial date in its case management order. (more…)

Medina County Criminal Defense Attorney

What is a Medina County criminal defense attorney? A Medina County criminal defense lawyer provides defense for a variety of criminal cases, including traffic (DUI, speeding and more), misdemeanors (domestic violence, disorderly conduct and more), and felonies (auto theft, felonious assault and more).

Medina County Criminal Courts

  Misdemeanors that do not start out in a Mayor’s court, are heard in the municipal courts. These courts are known as the Medina Municipal Court, 135 North Elmwood Ave., Medina, Ohio 44256, and the Wadsworth Municipal Court, 120 Maple Street, Wadsworth, Ohio 44281.  Felonies may start out in the municipal courts, 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…)

Lodi Bankruptcy Attorney

What is a Lodi bankruptcy attorney? A Lodi bankruptcy lawyer does not file the bankruptcy petition in Lodi or any Medina County court.  The bankruptcy petition is filed in federal court, bankruptcy division.  Residents of Medina, Summit and Portage Counties would file in the Akron Division of the Northern District of Ohio Bankruptcy Court. Where are the hearings held?

Lodi Chapter 7 Bankruptcy

  Chapter 7 hearings are held in the trustee hearing room located in the Orangerie Mall, 76 S. Main Street, Atrium Level #120, Akron, Ohio 44308. (more…)

When Is Consent To Search Valid?

When is consent to search valid?  Generally, if someone gives the police consent to search a house, car, luggage, etc., the police can conduct the search and the court will uphold the search and the items found during the search. However, in order to consent to a search, the person must have either actual or apparent authority over the item or place to be searched.   A roommate has actual authority to consent to search an apartment.  Even if the person does not live in the apartment, if that person led the police to believe that they lived there, they have apparent authority.  This means that the police can believe, in good faith, that the person lives there and has the authority to consent to a search.  However, the roommate cannot consent to a search of someone else’s luggage. (more…)