> December, 2014 | Daniel F. Gigiano Co., L.P.A.
CALL TODAY
(330) 336-3330

Archive for December, 2014

Seville DUI Attorney

A DUI alleged to have been committed in Seville, Ohio, will be heard in:Misdemeanor DUIs in Wadsworth Municipal Court,120 Maple Street, Wadsworth, Ohio 44281;Felony DUIs in Medina County Court of Common Pleas,93 Public Square, Medina, Ohio 44256; orJuvenile DUIs in Medina County Juvenile Court,93 Public Square, Medina, Ohio 44256.Such offenses will require the services of a Seville DUI attorney, who can spot, investigate and pursue potential defenses.
OVI is the official name for a DUI and typically consists of wither the BAC charge and/or the OVI charge.  While OVI cases involve someone driving a motor vehicle, physical control cases involve someone who is merely in the driver’s seat of a vehicle with possession of the keys.  Baby DUIs, or operating a vehicle after underage consumption (OVUAC) makes it illegal for persons under 21 years of age to drive a vehicle with a concentration of .02 percent, but less than .08 percent by weight of alcohol by whole blood or breath, or with an equivalent amount by blood serum or plasma or urine. (more…)

Seville Criminal Defense Attorney

Someone who is accused of a crime in Seville, Ohio, needs a Seville criminal defense attorney in Medina County, who is available to provide defense for a variety of criminal cases, from traffic to misdemeanors and felonies.
If the crime is alleged to have been committed in Seville, Ohio, misdemeanor offenses will be handled by the Wadsworth Municipal Court, starting with the arraignment and bond hearing. Pre-trials are not set by the court, but can be privately arranged between the criminal defense attorney and the prosecutor.  If the accused pleads guilty or no-contest, or is found guilty at trial, the court will order a pre-sentence investigation (PSI) prior to sentencing, unless it is a minor offense such as a minor misdemeanor. (more…)

Personal Injury Tips

This article offers personal injury tips to those who have been victimized by personal injury.  When you suffer a personal injury, there are numerous people who may try to contact you.  Insurance companies will try to get a recorded statement from you, where they will try to get you to minimize your damages or admit to some fault in the accident.  Personal injury attorneys will send you packets of materials in their attempt to get you to use their services.  “Injury helplines” will call you every day trying to get you onto a referral list that attorneys pay to receive.  These are not helplines.  They are telemarketers.  Medical providers will call you asking for payment.  If the matter lasts long enough, collection agencies will start sending notices and call you. (more…)

Seville Divorce Attorney

When one or more spouses or parents reside in Seville, Ohio, that person may need the services of a Seville divorce attorney for divorce, dissolution, post-decree motions, paternity suit, child custody, child support, and civil protection orders.
A divorce case when both spouses are Seville residents must be filed in the Medina County Domestic Relations Court.  The court automatically issues restraining orders prohibiting the parties from withdrawing money from retirement accounts, selling marital assets, among other things.  Other matters may require a request for temporary orders, which may be heard on the same date as the case management hearing.  The pretrial and final hearing is held much later in the case, usually in front of the judge.  A skilled Seville divorce attorney can give one an edge in these proceedings.  (more…)

Medina County Bankruptcy Attorney

A Medina County resident seeking bankruptcy relief needs a Medina County bankruptcy attorney.  A Medina County resident seeking a fresh start through bankruptcy would have their bankruptcy petition filed in the Northern District of Ohio Bankruptcy Court, Akron Division.  Because the bankruptcy court is part of the federal court system, its jurisdiction is not limited to one county, as it covers Medina County, Summit County and Portage County. (more…)

Summit County DUI Attorney

One accused of a DUI in Summit County needs a Summit County DUI attorney who has the experience to provide defense for various types of DUI and related issues.  DUI is officially known as Operating a Motor Vehicle Under the Influence (OVI) as defined in Ohio Revised Code 4511.19.   Summit County has three municipal courts, a juvenile court, common pleas court and several mayor’s courts, any of which will handle all or some portion of a DUI alleged to have been committed in Summit County.  All must follow Ohio law, including holding the State of Ohio to their burden of proof beyond a reasonable doubt. (more…)

Summit County Criminal Defense Attorney

One accused of a crime in Summit County needs a Summit County criminal defense attorney who has the experience to provide defense for a variety of criminal cases, from traffic to misdemeanor to felony cases.  Summit County has three municipal courts, a juvenile court, common pleas court and several mayor’s courts.
(more…)

Ohio Has A Unique Restriction On Traffic Stops

Ohio has a unique restriction on traffic stops.  The Ohio Supreme Court, in its Robinette decision, said that police officers may not request consent for a search of a vehicle, once the purpose of the initial traffic stop is completed and there is no evidence of any wrongdoing beyond the reason for the traffic stop.  The Supreme Court of Ohio said that the courts have an obligation to protect the ordinary law-abiding citizen from intrusive, illegal and overbearing government action.  This protection is necessary because most people are not aware of their right to refuse consent to a search of their vehicle. The United States Supreme Court, in its review of this decision, declined to adopt this rule for the entire nation.  In doing so, the rule was left intact in Ohio.  This was an unfortunate decision, as the Ohio Supreme Court got it right in this instance.  Authorities should not be allowed to further detain people and request consent after they have already issued a citation, and checked for license, registration and insurance.  This person should be free to drive off without being subjected to a fishing expedition. (more…)

What Is Felony Theft In Ohio?

What is felony theft in Ohio?  Theft in Ohio is defined in Ohio Revised Code 2913.02 (R.C. 2913.02).  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.  If the value of the items total one hundred fifty thousand dollars or more and is less than seven hundred fifty thousand dollars, the offense is aggravated theft, a felony of the third degree.  If the value of the property is seven hundred fifty thousand dollars or more and is less than one million five hundred thousand dollars, the offense is aggravated theft, a felony of the second degree.  If the value of the property is one million five hundred thousand dollars or more, the offense is aggravated theft of one million five hundred thousand or more, a felony of the first degree. (more…)