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Archive for April, 2015

Traffic Stops Cannot Be Extended For A Drug Dog Sniff

Traffic stops cannot be extended for a drug dog sniff.  On April 21, 2015, the United States Supreme Court, in Dennys Rodriguez v. United States, held that police may not keep the motorist waiting after the ticket is written they have no reasonable suspicion justifying the extra time.  Essentially, police may not turn routine traffic stops into drug searches using trained dogs.  Police officers who stop a car for a traffic violation are justified in “checking the driver’s license, determining whether there are outstanding warrants against the driver, and inspecting the automobile’s registration and proof of insurance.”  “These checks serve the same objective as enforcement of the traffic code: ensuring that vehicles on the road are operated safely and responsibly.”  A dog sniff is “not an ordinary incident of a traffic stop,” but is instead, “a measure aimed at detecting evidence of ordinary criminal wrongdoing.” (more…)

Clinton Bankruptcy Attorney

A Clinton bankruptcy attorney represents individuals from Summit County and Medina County in the Northern District of Ohio Bankruptcy Court, Akron Division.  The Bankruptcy Courts’ website has a wealth of information, including a frequently asked questions page.  The Bankruptcy Court also warns individuals against using bankruptcy petition preparers, emphasizing that these individuals are only typists and cannot perform, nor can they charge for, legal services.  Only attorneys can do so, as they have the requisite education, licensing and experience to do so.  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.  The hearings for Chapter 13 bankruptcy petitions are held at the Chapter 13 Trustee’s office, One Cascade Plaza, 20th Floor, Akron, Ohio 44308.  These hearings will not go forward without all the proper documentation. (more…)

Dalton Criminal Defense Attorney

A Dalton criminal defense attorney defends individuals accused of committing crimes in Dalton, Ohio.  The Dalton criminal defense lawyer in Wayne County, Ohio, provides defenses for a variety of criminal cases, such as felony drug possession, sex offenses, felony theft, menacing, and DUIs.  An experienced Wooster criminal defense attorney in Medina County 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…)

Dalton Divorce Attorney

A Dalton divorce attorney represents individuals for a variety of family law cases, including divorce, dissolution, post-decree motions, paternity complaint, child custody, child support, civil protection orders, and  motion to modify parental rights and responsibilities. (more…)

Dalton DUI Attorney

A Dalton DUI attorney provides aggressive representation for individuals accused of OVI in Dalton, Ohio.  OVI is defined in Ohio as “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. (more…)

Can A Child Choose Which Parent To Live With?

Can a child choose which parent to live with?  The wishes of the child is certainly a factor the court must consider in deciding which parent will have custody or will be the residential parent for school purposes under a shared parenting plan.  However, there are many factors that courts must consider in child custody cases.  These child custody factors are set forth by Ohio law.  This article will specifically focus on the child's power to make such a decision within this legal framework.
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Burbank Divorce Attorney

A Burbank divorce attorney provides aggressive representation for family law matters, such as divorce, dissolution, post-decree motions, paternity complaint, child custody, child support, civil protection orders, and  motion to modify parental rights and responsibilities.  Hiring a Burbank divorce attorney to be on your side gives you better access to justice by making your voice heard in court.
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Burbank DUI Attorney

A Burbank DUI attorney provides aggressive representation for individuals accused of OVI in Burbank, Ohio.  Ohio refers to DUI as operating vehicle under the influence of alcohol or drugs, otherwise known as OVI.  OVI cases can be 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.  The statute provides for a minimum driver’s license suspension of 180 days and a minimum period of jail or equivalent 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…)

Burbank Criminal Defense Attorney

A Burbank criminal defense attorney provides aggressive representation for individuals accused of crimes in Burbank, Ohio.  The Burbank criminal defense lawyer is available to represent people named as defendants in court for a wide variety of crimes, including rape, gross sexual imposition, drug trafficking, forgery, domestic violence, menacing, theft, driving under suspension, DUI, and traffic offenses.
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Canal Fulton Bankruptcy Attorney

A Canal Fulton bankruptcy attorney represents individuals in need of a fresh start in the Northern District of Ohio Bankruptcy Court, Canton Division.  This bankruptcy court is a federal court that serves a large number of Ohio counties, consisting 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, which is located on the first door to your left 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 without the proper documentation. (more…)

Custody Rights Of An Unmarried Mother

What are the custody rights of an unmarried mother?  Ohio law provides a number of direct answers to this question.  Ohio Revised Code 3109.042 (R.C. 3109.042) answers that question: “An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian.”  This means that, unless a court has ruled otherwise, an unmarried mother is the sole legal custodian of her child, giving her the right to make decisions for her child. (more…)

West Salem DUI Attorney

A West Salem DUI attorney provides aggressive representation for traffic offenses, including OVI, aggravated vehicular homicide, felony DUI, negligent homicide, and driving under suspension.  Ohio’s DUI statute prohibits operating a vehicle under the influence attorney, otherwise known as OVI.  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 driver’s license suspension of 180 days and a minimum period of jail time or approved 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…)

West Salem Divorce Attorney

A West Salem divorce attorney aggressively represents individual in family law cases, including divorce, dissolution, post-decree motions, paternity complaint, child custody, child support, civil protection orders, and  motion to modify parental rights and responsibilities.  Having a West Salem divorce attorney on your side gives you greater access to the divorce court by giving you a better opportunity to have your voice heard by the court.
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West Salem Criminal Defense Attorney

A West Salem criminal defense attorney provides aggressive representation for individuals accused of committing a crime in West Salem, Ohio.  The types of crimes one may be accused of consists of a wide range, including felonious assault, gross sexual imposition, trafficking in drugs, domestic violence, sexual imposition, operating a vehicle under the influence of alcohol, disorderly conduct, and traffic offenses.

West Salem Criminal Defense Attorney Practices In Wayne County Courts 

  Crimes alleged to have been committed in West Salem, Ohio, can be heard in one of several Wayne County Courts.  Misdemeanor charges are heard in the Wayne County Municipal Court 215 S. Grant St., Wooster, Ohio 44691 or West Salem Mayor’s Court, 27 S. Main St., West Salem, Ohio 44287. Felony charges can begin in municipal court, but the majority of the case, and any trials will be heard in Wayne County Court of Common Pleas, 107 W. Liberty St., Wooster, Ohio 44691. Juvenile cases arising out of West Salem are heard in the Wayne County Juvenile Court, 107 W. Liberty St., Wooster, Ohio 44691.

West Salem Criminal Defense Attorney Explains The Process 

  Criminal cases start with the arraignment and bond hearing, followed by the pre-trial.  If the matter cannot be resolved, it then proceeds to a trial to the court or trial by jury. In the event of a conviction, the matter proceeds to sentencing. Misdemeanor cases typically have a maximum sentence of 180 days in jail. Felony cases can result in a prison sentence.

West Salem Criminal Defense Attorney Practices In Medina County Courts and Stark County Courts

  To learn about other nearby criminal courts, click on any of the following links: Burbank criminal defense attorney; Smithville criminal defense attorney; Medina criminal defense attorney; Wadsworth criminal defense attorney; Massillon criminal defense attorney. To read more on criminal law, click on any of the following links to my other articles related to criminal law: Ohio outlaws debtors’ prison; What is felony theft in Ohio; Medina County felony trial attorney; Automatic lifetime registration for juvenile sex offenders is unconstitutional; Ohio has a unique restriction on traffic stops; When is consent to search valid; Castle law allows you to defend yourself in your home. My hard work has resulted in successful results for many of my clients, including the results shown in the case highlights section. This success is reflected in the following links to my reviews and work: Daniel Gigiano reviews; Daniel Gigiano ratings; Daniel Gigiano; Daniel Gigiano work; Working with Daniel Gigiano.

Learn How West Salem Criminal Defense Attorney Can Help You 

  Attorney Gigiano is an experienced West Salem criminal defense attorney in Medina County.  Attorney Gigiano regularly practices in the Wayne County Courts, as well as other local courts.  If you have questions about this or other questions you need answered by an experienced Orrville criminal defense lawyer in Wadsworth, please call Attorney Daniel F. Gigiano at 330-336-3330.  Attorney Gigiano’s office is located at 102 Main St., Ste. 200, Wadsworth, Ohio 44281.

Sharon Bankruptcy Attorney

A Sharon bankruptcy attorney represents people in need of a fresh start in the Northern District of Ohio Bankruptcy Court, Akron Division.  This bankruptcy court serves individuals in need of bankruptcy relief in Medina County, Summit County and Portage County.
Chapter 7 bankruptcy hearings take place at 76 S. Main Street, Atrium Level #120, Akron, Ohio 44308.  Chapter 13 bankruptcy hearings take place 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 without the proper documentation. (more…)