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Archive for January, 2015

Castle Law Allows You to Defend Yourself in Your Home

Ohio’s castle law allows you to defend yourself in your home.  Otherwise known as the “castle doctrine,”  the law now recognizes the security and sanctity of the home.
Ohio law previously required the victim of a home invasion to retreat before using deadly force against the intruder.  If the person in the home used deadly force, that person had to prove that he or she acted out of fear of serious physical injury or death. (more…)

Smithville Bankruptcy Attorney

What is a Smithville bankruptcy attorney?  A Smithville bankruptcy lawyer prepares the client’s petition for filing in the Northern District of Ohio Bankruptcy Court, Canton Division.  This bankruptcy court handles cases for petitioners who reside in one of the following counties: Wayne County, Stark County, Holmes County, Tuscarawas County, Ashland County, Carroll County, Richland County and Crawford County. (more…)

Massillon Criminal Defense Attorney

Someone who is accused of a crime in Massillon or within the Massillon Municipal Court’s jurisdiction needs a Massillon criminal defense attorney.  A Massillon criminal defense lawyer can provide a defense for numerous criminal cases, such as traffic, misdemeanors, and felonies.  Some examples are DUI, domestic violence, theft, sex crimes, and trafficking in drugs.  When facing jail time or prison time, you need an experienced and aggressive Massillon criminal defense attorney on your side. (more…)

Wayne County Divorce Attorney

A Wayne County divorce attorney represents individuals in Wayne County 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 Wayne County residents, such cases would originate in the Wayne County Domestic Relations Court, 107 W. Liberty Street, Wooster, Ohio 44691.  A divorce in the Wayne County Domestic Relations Court starts with the filing of a complaint and often a request for temporary orders, both of which must be served by summons to the opposing party.  Temporary orders, if granted, temporarily resolve issues such as child custody, parenting time with the children, child support, spousal support, and exclusive use of the marital residence and vehicles. (more…)

Massillon DUI Attorney

When one is accused of DUI in Massillon, that person will need the services of a Massillon DUI attorney.  In Ohio, a DUI is technically called an OVI, which stands for operating a vehicle under the influence.  OVI is defined in Ohio Revised Code 4511.19 and 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.  There are a series of minimum penalties depending on the number of prior DUIs the accused may have.  If the accused was not driving but was in the driver’s seat with control of the keys while under the influence or with the BAC as set forth above, that person may face charges for physical control of a vehicle while under the influence.  There are essentially no minimum penalties for this offense, but the court must impose a class 7 suspension, which must consist of some time. (more…)

Can a Juvenile Court Give an Adult Sentence?

Can a juvenile court give an adult sentence?  It sure can.  However, this option is only available for a Serious Youthful Offender (SYO), which blends juvenile and adult sentences.  Bindovers to adult court are not included in this article, as those cases involve a hearing to determine if a juvenile should be tried as an adult, and, if so, the juvenile’s case is transferred to adult court.  SYO exists in the world between the typical juvenile proceedings and adult court. (more…)

Brunswick Bankruptcy Attorney

What is a Brunswick bankruptcy attorney?  A Brunswick bankruptcy lawyer prepares the client’s petition for filing in the Northern District of Ohio Bankruptcy Court, Akron Division.  This bankruptcy court handles cases for people who live in Medina County, Summit County or Portage County.  The Court’s website has a wealth of information, including a frequently asked questions page, and a warning about using bankruptcy petition preparers.  Bankruptcy petition preparers can only perform typing duties and cannot perform or charge for legal services.  Only attorneys can perform legal services, as they have the training, education and experience needed for such tasks.  When hiring an attorney, it is important to ask if the petition will be drafted in that attorney's office.  Attorneys who draft the petitions "in-house" usually possess the knowledge and expertise to handle the pitfalls that can occur in bankruptcy.  Ask yourself if you would rather have an attorney does not draft the petitions within the office over one who does.    (more…)

Lodi Criminal Defense Attorney

Someone who is accused of a crime in Lodi, Ohio, needs a Lodi criminal defense attorney in Medina County, who is available to provide defense for a variety of criminal cases, such as breaking and entering, theft, DUIs, disorderly conduct and speeding cases.
The Wadsworth Municipal Court presides over misdemeanors alleged to have been committed in Lodi.  Pre-trials are informally arranged between the criminal defense attorney and the prosecutor.  If the accused is convicted of the offense, the court will usually order a pre-sentence investigation (PSI) prior to sentencing, unless it is a minor misdemeanor. (more…)

Lodi Divorce Attorney

A divorce case when both spouses are Lodi residents is filed in the Medina County Domestic Relations Court, located in the courthouse on Public Square.  The services of a Lodi divorce attorney can help ensure that the matter is properly filed and pursued.  Filing the divorce results in immediate restraining orders prohibiting the parties from withdrawing money from retirement accounts, selling marital assets, among other things.  The filing often includes a request for temporary orders.  Unless there is a good reason not to do so, the court will issue temporary orders upon such a request, temporarily resolving issues of child custody, parenting time with the children, child support, spousal support, exclusive use of the marital residence, and exclusive use of the vehicles. (more…)

Lodi DUI Attorney

When one is accused of DUI in Lodi, that person will need the services of a Lodi DUI attorney.  In Ohio, a DUI is technically called an OVI, which stands for operating a vehicle under the influence.  OVI is defined in Ohio Revised Code 4511.19 and 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.  If convicted, one faces a minimum suspension of one’s driver’s license for 180 days and a minimum period of incarceration of 72 hours, with increased minimum for repeat offenses or a high test for alcohol. (more…)

Child Support Obligation Definitions

Ohio Revised Code § 3119.01, commonly referred to as the Calculations of child support obligation definitions or just plain  Definitions, contains a wealth of information about child support.  Not only does this section include definitions of “child support order,” “obligee,” “obligor,” and  “gross income,” but it also sets forth the factors for imputed income.  Here is Ohio Revised Code Section 3119.01, which contains child support obligation definitions, in its entirety, without any editing:

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Everything You Wanted To Know About Child Support

Everything you wanted to know about child support but were afraid to ask is right here.  Just about.  Putting everything in would fill books.  Maybe, this should be called a quick look at what you need to know about child support. Anyway, here goes.
If a child’s parents are separated from each other, chances are that a child support order is either in place or can be put in place.  Child support may also be ordered when the parents are in divorce, dissolution of marriage, paternity and legal separation cases.  A child support award can originate or be modified through the county’s Child Support Enforcement Agency (CSEA), domestic relations court or juvenile court.  In Medina County, child support is usually awarded in the Medina County Domestic Relations Court.  Summit County is the same, as it also has moved all of its parentage and/or paternity cases to the Summit County Domestic Relations Court.   A Summit County attorney or Medina County attorney would file for child support in domestic relations court, regardless of whether the case was a dissolution, divorce or paternity action.  However, Wayne County has not moved its parentage and/or paternity cases to domestic relations court.  A Wayne County attorney would file for child support in Wayne County Juvenile Court in a paternity action.  That same Wayne County attorney would still file for child support in Wayne County Domestic Relations Court in a divorce or dissolution. (more…)

Creston DUI Attorney

What is a Creston DUI attorney?  While some may also commonly refer to such an attorney as a Creston driving under the influence attorney, the better term is a Creston OVI attorney, or Creston operating a vehicle under the influence attorney.  OVI is defined in Ohio Revised Code 4511.19, bearing the title “operating vehicle under the influence of alcohol or drugs.”  Such cases can consist of two charges.  The first involves one’s driving being affected by the consumption of alcohol.  The second involves having a prohibited amount of alcohol in one’s body.  A Creston DUI lawyer will also handle “physical control” cases.  Having physical control of a vehicle while under the influence is defined in Ohio Revised Code 4511.194.  Simply stated, physical control of a motor vehicle occurs when one is in the driver’s seat of a vehicle with possession of the keys, and the person is under the influence or drugs, alcohol or a combination of them, or has a BAC as defined in the OVI statute (R.C. 4511.19).  Finally, a Creston DUI lawyer will be prepared to handle operating a vehicle after underage consumption (OVUAC), as defined by Ohio Revised Code 4511.19.  This law makes it illegal for persons under 21 years of age to drive a vehicle with as little as a concentration of .02 percent by weight of alcohol by whole blood or breath, or with an equivalent amount by blood serum or plasma or urine. (more…)

Creston Divorce Attorney

What is a Creston divorce attorney?  A Creston 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.  Getting an experienced Creston divorce attorney is valuable when involved in such proceedings, giving you your fair day in court.
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Creston Criminal Defense Attorney

Someone who is accused of a crime in Creston, Ohio, needs a Creston criminal defense attorney, who is available to provide defense for a variety of criminal cases, such as trafficking in drugs, automobile theft, assault, and DUIs.  An experienced criminal defense attorney determines and pursues potential defenses, as well as errors in the police investigation that can lead to a dismissal of the charges.  The value of finding such defenses or errors is immeasurable, saving the client from consequences such as prison, jail, house arrest, fines and suspension of their driver’s license.  Errors in police investigation are usually challenged through a motion to suppress, which, if granted by the court, would prevent the State of Ohio from presenting evidence that was obtained from the police’s wrongful conduct.  Having such evidence removed from use at trial can result in immediate dismissal of the charges or seriously impair the prosecutor’s case at trial. (more…)

Wooster Bankruptcy Attorney

What is a Wooster bankruptcy attorney?  A Wooster bankruptcy lawyer prepares the client’s petition for filing in the Northern District of Ohio Bankruptcy Court, Canton Division.  This includes calculating the client’s eligibility for Chapter 7 or 13 under the means test.  The more diligent Wayne County bankruptcy attorney ensures that his clients take only approved credit counseling and debtor education classes.  This bankruptcy court’s jurisdiction consists of Wayne County, Stark County, Holmes County, Tuscarawas County, Ashland County, Carroll County, Richland County and Crawford County.  A link to the Canton Bankruptcy Court can be found here.  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. (more…)

What Should You Do If You Are Involved In a Traffic Accident?

What should you do if you are involved in a traffic accident?  If you get involved in a traffic accident on a public road, you are required to do a number of things.  First, you must stop and remain at the scene.  You must also give your name, address, vehicle license plate number, and name and address of the vehicle owner to the police, persons injured in the accident and to the operator, occupant, or owner of the damaged vehicle.  If he injured person is not in a position to understand or receive this information, you must immediately notify the nearest police authority of the location of the accident, your name and address and your vehicle license plate number.  You must also show your driver’s license to anyone who requests it.  You must also remain at the scene until the police arrive, unless you are transported to another location by ambulance. (more…)

Brunswick DUI Attorney

What is a Brunswick DUI attorney?  A DUI, officially known as an OVI, is defined in Ohio Revised Code 4511.19, bearing the title “operating vehicle under the influence of alcohol or drugs.”  OVI cases are made up 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.
When one is in the driver’s seat of a vehicle with possession of the keys, and the person is under the influence of drugs, alcohol or a combination of them, or has a BAC, one may be charged with physical control of a motor vehicle under Ohio Revised Code 4511.194. (more…)

Brunswick Divorce Attorney

When one or more spouses or parents reside in Brunswick, Ohio, that person may need the services of a Brunswick divorce attorney for divorce, dissolution, post-decree motions, paternity suit, child custody, child support, and civil protection orders.  A skilled attorney can ensure that the evidence supporting your position is heard by the court, while exposing the weaknesses of the opposing side's case
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Brunswick Criminal Defense Attorney

Someone who is accused of a crime in Brunswick needs a Brunswick criminal defense attorney, who is available to provide defense for a variety of criminal cases, including traffic, misdemeanors, and felonies.  A Brunswick criminal defense attorney can provide representation close to home, with knowledge of the court’s local procedures and practices.  This experienced criminal attorney can identify defenses and police errors which can result in dismissal or reduced charges.  Police errors usually must be challenged through a motion to suppress. (more…)

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