> May, 2015 | Daniel F. Gigiano Co., L.P.A.
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Archive for May, 2015

Testimonials And Reviews of Daniel Gigiano

Testimonials and reviews come from hard work and know-how.  In looking at testimonials, one should look for signs that the attorney will fight for you and will take the time to do some of the little things that may need done in the case.
Daniel Gigiano is an attorney who cares about getting justice for his clients, as well as looking out for their well-being. This culture of going the extra mile had its roots back in the days when he was an assistant prosecutor.  While working in the juvenile division, word got around that Attorney Gigiano not only ran a tight ship and was a bulldog in the courtroom, but he also took the extra time with the people involved in the cases, as well as opposing counsel.  Word traveled quickly, as the people involved and his peers spoke highly of his work.  Attorney Gigiano was promoted to supervisor where he managed a large caseload.  He continued to receive compliments for his willingness to give his time to people and ensure justice. (more…)

Daniel Gigiano Reviews

Positive reviews come from positive results.  In reviewing an attorney, one should look for client reviews, peer reviews (reviews from other attorneys), results (in an accomplishments or case highlights section), and experience.  At the end of the day, it is important to have an attorney who has the skills to help you get the results you deserve.  Clients and opposing attorneys have submitted favorable Daniel Gigiano reviews.  This comes from hard work and dedication to my client’s cases.  I started off prosecuting dozens of jury trials as an assistant prosecutor.  I took that experience into private practice, winning the first criminal defense case that I took to a jury trial in 2000.  It was an assault case that not only resulted in a not guilty verdict, but the victim was established as the instigator of the entire incident.  I continued to be aggressive, winning a DUI case in 2002, a felony drug case in 2002, forcing the State of Ohio to dismiss over 100 felony counts against my client in 2003, winning a felony theft of a motor vehicle case in 2007, obtaining a dismissal of a DUI case in 2007, winning a sexual imposition case in 2011, and winning an assault case in 2015.  These are not the only cases I tried, as I have tried approximately 40 jury trials to a verdict as both an assistant prosecutor and in private practice.  I also persuaded the Ninth District Court of Appeals to reverse a permanent custody ruling against my client, creating a new rule for the courts to follow in a case commonly referred to as In Re A.P. II.  This new rule won the day for my client who was allowed to reunite with the child.  I have also helped other people in children services cases, obtaining a dismissal in 2012, and preventing a children services case and criminal charges from being filed in 2014.  Add to this the removal of six figures of mortgages while allowing the clients to keep their home in bankruptcy, as well as handling large bankruptcies, including one business bankruptcy that had over one million dollars in debt. (more…)

Property Division In Divorce

This article will discuss property division in divorce.  What is property?  Property can be real property, otherwise known as real estate.  Property can also be personal property, which includes cash, financial and retirement accounts, vehicles, and household goods.
Under Ohio Revised Code 3105.171 (R.C. 3105.171), there are nine factors that govern only the division of property: (more…)

Dividing Retirement Benefits In Divorce

How do you go about dividing retirement benefits in divorce?  First, the domestic relations court must determine who is entitled to what portion of retirement benefits.  Retirement benefits accumulated during the marriage are marital assets, and must be divided as part of an equitable division of property.  Equitable division means a fair division of property. (more…)

Who Is Entitled To A Child’s School Records?

Who is entitled to a child’s school records?  Under Ohio law, both parents have the right to access their child’s school records.  The schools generally recognize the right of the legal custodian and residential parent’s access to school records.  However, some schools may not always recognize the non-residential parent’s right to access their child’s records.  If this problem arises, the legal custody papers usually contain language stating that both parents have the right to have access to their child’s school records. (more…)

Notice of Intent to Relocate

What is a notice of intent to relocate?  It is a provision that is most likely tucked away within an order allocating parental rights and responsibilities, including divorce decrees, dissolution decrees, and legal custody orders.  It is a provision that is often overlooked.  If a residential parent moves, that parent must notify the court when he or she moves.  If one parent does not know where the other parent lives, they may become anxious about where their children are during that other parent’s parenting time.  This could lead to one parent employing various methods to respond.  Such methods may include methods that may not be permissible, such as withholding visitation.  That parent may also decide to call the police or file a motion in court to have custody changed, all because that parent simply did not know where their children were at during the other parent’s parenting time. (more…)

Medina County Legal Custody Attorney

What does a Medina County legal custody attorney do?  In Ohio, it is usually a request from the court to “allocate parental rights and responsibilities” or when modifying an existing custody order, “reallocate parental rights and responsibilities.”  If a parent is granted custody in a divorce, dissolution, annulment, legal separation or parentage case, that parent is named the residential parent and legal custodian of the child.  If shared parenting is granted, both parents are the residential parents, but one will be the residential parent for school purposes, which means the child will go to school in the district in which that parent resides.  Shared parenting does not necessarily mean equal time or support, but simply means that both parents share equal responsibilities. (more…)

Grounds For Divorce in Ohio

What are the grounds for divorce in Ohio?  Wait, you may have heard that Ohio is a no-fault divorce state.  Ohio does have no fault-grounds, but you still have to prove grounds if you want a divorce and your spouse does not.  If your spouse does not want the divorce, they may be able to stop you.
Ohio Revised Code 3105.01 (R.C. 3105.01) and Ohio Revised Code 3105.17 (R.C. 3105.17) set forth the grounds for divorce.
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More Problems From Online Legal Document Services

I have been hearing more problems from online legal document services.  It is bad enough that there are instances of such documents being thrown out by courts.  See my blog and links to such instances:
Should you use online legal document services?
http://www.floridasupremecourt.org/decisions/2014/sc11-2147.pdf
http://www.flascblog.com/e-zer-said-than-done-court-considers-will-prepared-with-commercially-available-form/
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Medina County Felony Trial Attorney

A Medina County Felony Trial Attorney is an aggressive advocate who fights for the rights of people who are accused of major crimes.  This type of attorney has taken several cases to trial and has multiple victories as a result.  These victories are not just pretrial victories, but involve putting it all on the line, picking a jury and being willing to allow that jury to decide the fate of the accused.  This type of attorney is the only type of attorney that can achieve a real victory in some cases.  Sometimes, the prosecutor does not offer a deal, but simply states that the accused can plead to the indictment and take their chances in front of the judge while the prosecutor asks for a lengthy sentence.  However, an experienced criminal trial attorney can muster the respect needed to get some kind of deal, even in the toughest situations. Only the experienced felony trial attorney can potentially get some of the charges eliminated by the very real threat of taking the matter to trial, not to win, but to simply eliminate the offenses that the prosecutor cannot prove.  Only the experienced felony trial attorney can convince the prosecutor that the State of Ohio could potentially lose so much credibility in losing on some counts, that the remainder of the counts could be in jeopardy at trial.  Finally, the felony trial attorney can simply take the case to trial. (more…)

Orrville DUI Attorney

An Orrville DUI attorney provides aggressive representation for traffic and criminal defense, as the DUI may be accompanied by other traffic offenses, such as assured clear distance, as well as criminal charges, such as possession of drugs.  In Ohio, DUI is referred to as OVI or operating a vehicle under the influence of alcohol or drugs.  The OVI charges can be split in two: (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…)

Orrville Criminal Defense Attorney

Someone who is accused of a crime in Orrville needs an Orrville criminal defense attorney, who is available to provide defense for a variety of criminal cases, such as disorderly conduct, OVI, domestic violence, forgery, breaking and entering, and felonious assault.  An experienced Wayne County criminal defense attorney investigates potential defenses and errors in the police investigation that can lead to a dismissal of the charges.  The value of finding such defenses or errors is immeasurable, giving the client the chance to avoid 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.  Once this tainted evidence is removed from use at trial, the charges are often dismissed.  At the very least, eliminating the state’s evidence can make it difficult for the prosecutor to try the case. (more…)

Massillon Bankruptcy Attorney

A Massillon 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, including but not limited to:  Wayne County, Stark County, Holmes County, and Ashland County.  Chapter 7 bankruptcy hearings and Chapter 13 bankruptcy hearings take place in the room located on the first door to your left in the Ralph Regula Federal Building and United States Courthouse in Canton, Ohio.  The Chapter 13 trustee holds a mandatory informational class just prior to the hearing.  This is not the mandatory financial management class, but is simply a class to educate Debtors on the Chapter 13 process. (more…)