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

Filler Weight Is Included In Drug Cases

Filler weight is included in drug cases. Believe it or not, it is illegal to possess and sell fake drugs in Ohio.  Fake drugs are officially referred to as counterfeit controlled substances.  While a controlled substance is usually part of a class of illegal or strictly regulated substances, a counterfeit controlled substance is a non-controlled substances that a reasonable person would believe to be a controlled substance because of its similarity in shape, size, color, markings, labeling, packaging, distribution, or price.   (more…)

Should Filler Weight Be Included In Ohio Drug Cases

  Should filler weight be included in Ohio drug cases? Many drug offenses are based on the weight of the controlled substance found in the suspect’s possession. However, the tests performed by the Bureau of Criminal Investigation (BCI) do not test for the purity of the substance. When cocaine is cut with sugar or some other filler material, should the level of offense be based on the actual weight of the cocaine or the total weight of the cocaine and filler?  Most appellate districts in Ohio have ruled that the total weight of the controlled substance and filler can be used.   (more…)

Juveniles Can Be Tried As Adults In Ohio

A child under 18 years of age would ordinarily have his or her case heard in juvenile court. In order to try that child as an adult, the child must have been 14 years old or older at the time of the offense.  As long as the age limit and certain other criteria are met, juveniles can be tried as adults in Ohio.   (more…)

Business Income In Ohio Child Support and Divorce

One of the more difficult tasks in calculating child support and spousal support for Ohio divorce and child custody is calculating and determining business income.  Business income in Ohio child support and divorce is complex and filled with pitfalls.  It can be frustrating to watch the opposing parent reduce his or her income significantly through business expenses.  Does this mean that the opposing parent’s income can be reduced from $120,000 in gross receipts down to a net profit of $30,000, simply because he or she claimed $90,000 in business expenses?  Not necessarily.

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Medicaid Planning In Ohio Can Include Annuities

Medicaid planning in Ohio can include annuities.  An annuity can be an effective Medicaid planning and estate planning device, if done properly.  This article will focus on annuities as a Medicaid planning device.   An annuity is a product sold by insurance companies, which pays you back in payments over a set number of years.  I discussed annuities in more detail in a previous article.   (more…)