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Posts tagged "adult sentences in juvenile cases"

The Difference Between Misdemeanors and Felonies In Ohio

What is the difference between misdemeanors and felonies in Ohio? In most instances, a misdemeanor in Ohio is a crime that is punishable by not more than one hundred eighty days in jail. One cannot be sent to prison on a misdemeanor. Some felonies are punishable by six or more months in prison. All felonies in Ohio are punishable by at least six months in prison. Felonies can be sentenced to local jail time.   Ohio law sets forth the different classes of misdemeanors and their sentencing ranges: a misdemeanor of the first degree is not more than one hundred eighty days in jail; a misdemeanor of the second degree is not more than ninety days in jail; a misdemeanor of the third degree is not more than sixty days in jail; a misdemeanor of the fourth degree is not more than thirty days in jail; and a minor misdemeanor cannot consist of any jail time. (more…)

Automatic Lifetime Registration For Juvenile Sex Offenders Is Unconstitutional

The Ohio Supreme Court has ruled that automatic lifetime registration for juvenile sex offenders is unconstitutional. In their decision, the Ohio Supreme Court ruled that automatically imposing a lifetime registration requirement for a juvenile sex offender amounts to cruel and unusual punishment and violates the juvenile’s right to due process of law. In 2006, Congress passed the Adam Walsh Act, also known as the Sex Offender Registration and Notification Act (SORN). In 2008, Ohio became the first state to adopt a law that followed SORN. When the Ohio Supreme Court reviewed this law in its 2012 decision, it noted that most of the states refused to pass similar laws, opposing the lifetime sex offender registration and notification requirements for juveniles. This national consensus of rejecting automatic lifetime registration requirements for juveniles was the first of two factors the Court used to strike down this portion of the law. The second step was to look at the court’s own independent judgment on whether this punishment violates the Constitution. In doing so, the Court determined that: (1) the lifetime registration requirement was much more likely to hinder than to help juveniles obtain stable employment and reintegrate into their communities after their release from custody; (2) was contrary to past decisions that held that juveniles should be treated as less morally capable than adults; and (3) was contrary to the juvenile justice system’s primary purpose of rehabilitation rather than punishment. This analysis led the court to conclude that the severity of lifetime registration and notification and lack of adequate justification renders it cruel and unusual under the eighth amendment to the United States Constitution. The law also denied due process because it is automatic and does not allow the court to consider the child’s background or how publication of the offense might affect rehabilitation.

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Suspended Driver’s License in Ohio

What do you do if you have a suspended driver’s license in Ohio? The solution starts with determining what event caused the driver’s license to be suspended. Once the cause is determined, one may be able to figure out the reinstatement requirements. It is also important to know what can happen if one is convicted of driving under a suspended driver’s license. Ohio BMV’s website can be found on my links page, along with a number of other important links.   How does one’s driver’s license get suspended in Ohio? A judge can order the suspension as part of your sentence for a crime. Such crimes include drug possession, drug trafficking, possession of drug paraphernalia, OVI, hit-skip, fleeing and eluding, or driving under suspension. The Ohio Bureau of Motor Vehicles (BMV) imposes suspensions for failure to show proof of insurance either during a traffic stop or after random selection by the BMV to show proof of insurance. This suspension is known as a non-compliance suspension and is covered under Ohio’s Financial Responsibility Act.   (more…)

Can You Lie To The Police?

Can you lie to the police? No. You have the right to remain silent, not to lie, especially if that lie is designed to mislead the police. Then, the lie is considered obstruction of justice or obstruction of official business.   Obstructing justice is defined in Ohio Revised Code 2921.32 (R.C. 2921.32). It is a crime to attempt to hinder the discovery, apprehension, conviction or punishment of a person who has committed a crime. This can include lying or misleading the police, harboring or hiding the accused person, or helping the accused person evade the police. It can also include the use of bribery or intimidation. If the crime committed by the person aided is a misdemeanor, obstructing justice is a misdemeanor of the same degree. For example, if the aided person committed assault, a first degree misdemeanor, obstructing justice would be a first degree misdemeanor. If the crime committed by the person aided is a third, fourth or fifth degree felony, other potential penalties are specified under R.C. 2921.32.   Obstructing official business is defined in Ohio Revised Code 2921.31 (R.C. 2921.31), making it illegal to prevent, obstruct or delay a police officer or other public official in the performance of his or her official duties. (more…)

Cheap Criminal Defense Attorney

My office receives a lot of phone calls asking what I charge for a criminal defense or DUI defense.  Some of these prospective clients are looking for a cheap criminal defense attorney or a cheap DUI attorney.  Some are just trying to get an idea of the range of criminal attorney fees.  We happily give them our fee and tell them what we do for that fee.  However, it is really difficult to really show them all that we do for that fee.  While we have a competitive fee, we are not the lowest fee.  We do not want to be the lowest fee because of the loss of professionalism and service that would likely occur if we were to charge such a low fee.

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Certificate Of Qualification For Employment

What is a Certificate of Qualification for Employment (CQE)?  A CQE is an order from the common pleas court in the county in which you reside that allows to apply for employment or a professional license even if your conviction may have disqualified you in the past.  Many employers exclude convicted felons as potential job candidates.  This makes it even more difficult for a convicted felon to re-integrate himself or herself into society.  A CQE can provide the employer the assurance needed to give someone a chance.
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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…)

What Is Shoplifting In Ohio?

Have you been picked up for shoplifting in Ohio?

While people commonly refer to stealing from a store as shoplifting, there is not an offense in Ohio that is called shoplifting.  So, what is shoplifting in Ohio?  Shoplifting in Ohio is technically known as theft, which is defined in Ohio Revised Code 2913.02 (R.C. 2913.02).  Theft can be either a misdemeanor or a felony.  If the value of the items total less than one thousand dollars ($1,000.00), the offense is petty theft, a misdemeanor of the first degree.  This offense has a maximum jail term of one hundred eighty days in jail.  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. (more…)