> Attorney Daniel Gigiano | Daniel F. Gigiano Co., L.P.A.
CALL TODAY
(330) 336-3330

Posts tagged "Attorney Daniel Gigiano"

Annie’s Law Changes Ohio DUI Law

Annie's law was enacted in Ohio and went into effect April 6, 2017.  It was named after Annie Rooney, an attorney from Chillicothe, Ohio, who was hit and killed on July 4, 2013, by a driver who was a multiple OVI offender and whose blood alcohol level was more than twice the legal limit.  Ohio's new OVI penalties changes the suspension periods, the way jail time is imposed, and the look-back period for enhancing DUI penalties.  Prior to the law, Ohio had a twenty year look back and a six year look back for multiple offender enhancement purposes.  The twenty year look back made the sixth OVI during that time frame a felony.  The six year look back applied to enhancement of penalties for the second through fourth OVIs within that time frame.  The six year look back has been extended to a ten year look back under the Ohio's new OVI law.  In the past, getting four OVIs within ten years was not a felony; the fourth had to be committed within six years.  Now, getting four OVIs within ten years can be charged as a felony.

 

 

(more…)


Ohio Jury Selection

Ohio jury selection is part psychology, part hunch.  In a few minutes, attorneys must decide if a person could be fair in a particular case.  That person could be a very fair person, but may not be able to decide a particular case fairly.  On the other hand, another person may usually side with a particular side, but just may do so in a particular situation. 

 

Stereotypes Do Not Work In Ohio Jury Selection

 

The first rule in jury selection is not to rely on stereotypes.  While stereotypes can provide a good starting point, the potential juror needs to be questioned as to his or her particular beliefs and biases.  For example, I am Italian and I love Italian food.  While I know it may be hard to believe, there might be some Italian person out there that does not like Italian food.  Another possibility is that the person has an Italian last name but does not identify as Italian.  Perhaps, the Italian culture in that person's family is long gone and replaced by other cultures, or simply the American culture.  This also holds true for professions.  While many social workers and teachers may tend to be sympathetic to people's feelings and pain, there may be some who are more skeptical.  The point is before a lawyer starts assuming he or she has a juror who can explain some Italian cultural or cuisine item to the rest of the jury, make sure the potential juror fits the bill.

 

Select Ohio Jurors Based On Their Experiences And Beliefs

 

The second rule is to get right at what drives that person.  Get right at the person's experiences and beliefs.  Most of the time, an attorney only gets a few questions per juror to determine this.  I devote some technical questions to determine someone's intellectual beliefs.  Then, I ask some questions about how they feel about certain topics to determine their emotional beliefs.  If there is going to be a unique approach to the trial, I may ask the jurors if they have any issues with that approach.  For example, I tried a case where we slowed down the security video footage to get a better look at what happened.  I simply asked the jury how they felt about instant replay.  The jurors who liked it would likely appreciate the value in slowing down the video to examine the events.  The jurors who did not like instant replay would likely tune out all the hard work we put into slowing down the video for their benefit. 

 

Select Ohio Jurors With Values Favorable To The Facts Of Your Case

 

The third rule is ask jury questions that hit on values related to the case, without describing the case they will be hearing.  The judge may not allow me to ask questions that get too close to the facts of the case, so I usually have to be careful.  The judge limits questions like that because he or she does not want me to gather a straw poll on the potential verdict.  Would I like to do that?  Of course I would.  On the other hand, I would not put too much stock in that process anyway, as a simplified version of the facts may not match that juror's view of the facts after hearing the evidence.  Different jurors focus on different things.  Sometimes, they ask themselves if the Defendant is acting the way he or she should be acting in such a situation.  This can be a brutal analysis, as one charged with a crime may be extremely nervous and struggle to get his or her words out, making it look like they are not acting right.  Sometimes, this intuitive approach is telling; other times, it is misleading.  Yet, jurors bring in their lifetime of experiences and techniques in analyzing people.

 

Attorney Daniel Gigiano.  Experienced.  Aggressive.  Dedicated.

 

Attorney Daniel Gigiano was admitted to the practice of law in Illinois in 1993.  He immediately began practicing as an assistant prosecutor working in a courtroom that focused on major traffic cases, such as DUI and driving under suspension, spending over one year focusing on the many issues in these cases.  Attorney Daniel Gigiano then spent the next five years of his government practice working on misdemeanors, felonies, grand jury and preliminary hearings, juvenile delinquency cases, and abuse and neglect cases.  In 1999, he was admitted to practice in Ohio.  In 2000, he took his experience to a private practice in Wadsworth, Medina County, Ohio.  Attorney Gigiano has maintained a practice in Wadsworth since that time.  During his private practice, he has tried numerous criminal and civil jury trials to verdicts.  Call now at 330-336-3330 if you need the services of an experienced Medina County trial attorney in Wadsworth.


Will Ohio Lower DUI Limit To .05

Will Ohio lower DUI limit to .05?  In March 2017, Utah’ legislature set up the state to become the first state to lower the legal threshold for drinking and driving to .05 blood alcohol concentration.  While states are looking to get more aggressive with DUI laws, such efforts can result in problems in the actual application of the law.  This articles examines the law and the impracticality of enforcing the law on the street and in the courtroom.

 

Proposed DUI Law Criticized

 

Critics have said the bill fails to address the real problem, which are the 77% of alcohol-related traffic deaths in Utah caused by drivers with a blood-alcohol content of 0.15 and above.  The proponent of the law said the problem with the 0.08 BAC law is that “it send the message that you can drink up to a certain point and then drive.”  The proponent then noted that several foreign countries have a 0.05 limit. 

 

Proposed DUI Law Problems

 

The field sobriety tests were designed to determine if someone is at a 0.10 BAC or above.  When states lowered the limit to 0.08, that already signaled a move away from criminalizing driving under the influence and towards outlawing drinking and driving.  A 0.05 BAC limit is simply another step in that direction.  Someone at 0.05 could very well pass the field sobriety tests.  If the person is not under the influence of alcohol, can that person be arrested?  If the person cannot be arrested, the request for a breathalyzer does not occur. 

 

Attorney Daniel Gigiano.  Experienced.  Aggressive.  Dedicated.

 

Attorney Daniel Gigiano was admitted to the practice of law in Illinois in 1993.  He immediately began practicing as an assistant prosecutor working in a courtroom that focused on major traffic cases, such as DUI and driving under suspension, spending over one year focusing on the many issues in these cases.  Attorney Daniel Gigiano then spent the next five years of his government practice working on misdemeanors, felonies, grand jury and preliminary hearings, juvenile delinquency cases, and abuse and neglect cases.  In 1999, he was admitted to practice in Ohio.  In 2000, he took his experience to a private practice in Wadsworth, Medina County, Ohio.  Attorney Gigiano has maintained his private practice in Wadsworth since that time.  Call now at 330-336-3330 if you need the services of an experienced Medina criminal defense attorney in Wadsworth.


Ohio Felony Sentencing

Ohio felony sentencing laws place most Ohio crimes into five classes.  These range from the lowest (fifth degree felony) to the highest (first degree felony).  This article will focus on the basic sentencing scheme.  This article will not discuss specialized Ohio felony sentencing laws, such as the death penalty, life imprisonment, and mandatory additional prison time.  Rape and murder are crimes that fall into such specialized Ohio felony sentencing laws. 

(more…)


Ohio Will Changing Mental Capacity

In 2016, the Ninth District Court of Appeals decided that a person under legal guardianship can execute a valid will, ruling on Ohio will changing mental capacity.  Even more notable are the reasons: he suffered from schizophrenia, post traumatic stress disorder, had a low IQ and was a frequent drug user.  Using traditional analysis, the court determined that he had the capacity to execute a will. 

  (more…)


Ohio Felony Sentencing

Ohio felony sentencing laws place most Ohio crimes into five classes.  These range from the lowest (fifth degree felony) to the highest (first degree felony).  This article will focus on the basic sentencing scheme.  This article will not discuss specialized Ohio felony sentencing laws, such as the death penalty, life imprisonment, and mandatory additional prison time.  Rape and murder are crimes that fall into such specialized Ohio felony sentencing laws. 

(more…)


Mandatory DUI Blood Tests Unconstitutional

Many states, including Ohio, criminalize the refusal to submit to alcohol testing after being arrested for DUI.  The United States Supreme Court, in ruling mandatory DUI blood tests unconstitutional, imposed severe limits on such state laws. 

 

Individual Rights And Liberties Are More Important Than Getting Tough On Crime

This case sends a message to get tough on crime advocates:  citizens' personal liberty cannot be infringed in the name of enforcing criminal laws.  The United States was formed on the notion of individual rights and freedoms.  The U.S. Supreme Court reminded us of this fact in its decision.

 

(more…)


Repeat OVI Offender Specifications Constitutional

Ohio Supreme Court Declares Repeat OVI Offender Specifications Constitutional

  In 2016, the Ohio Supreme Court found the repeat OVI offender specifications constitutional.  The accused challenged the Ohio DUI sentencing laws as unconstitutional because they violated equal protection of the law.  The Ohio Supreme Court did not agree with that argument.

 

(more…)


Police Cannot Search Legally Parked Cars Without A Warrant

In 2016, the Ohio Supreme Court issued a ruling that declared that the  police cannot search legally parked cars without a warrant.  The arrest of an occupant of the vehicle does not, by itself, give the police authority to search legally parked vehicles.

 

(more…)


Medina County Divorce Attorney

What is a Medina County divorce attorney? A Medina County divorce lawyer practices family law.  A divorce for Medina County residents begins in the Medina County Domestic Relations Court, 99 Public Square, Medina, Ohio 44256.

Medina County Divorce Process

  A divorce in the Medina Domestic Relations Court usually starts with the filing of a complaint, affidavits, and a request for temporary orders. This initial process is important as it determines support, child custody and other issues until the final hearing.  The court determines the discovery schedule and trial date in its case management order. (more…)

Medina County Criminal Defense Attorney

What is a Medina County criminal defense attorney? A Medina County criminal defense lawyer provides defense for a variety of criminal cases, including traffic (DUI, speeding and more), misdemeanors (domestic violence, disorderly conduct and more), and felonies (auto theft, felonious assault and more).

Medina County Criminal Courts

  Misdemeanors that do not start out in a Mayor’s court, are heard in the municipal courts. These courts are known as the Medina Municipal Court, 135 North Elmwood Ave., Medina, Ohio 44256, and the Wadsworth Municipal Court, 120 Maple Street, Wadsworth, Ohio 44281.  Felonies may start out in the municipal courts, but the bulk of the case will be heard in the Medina County Court of Common Pleas, 93 Public Square, Medina, Ohio 44256.  Juvenile cases are heard in juvenile court in the same location as the common pleas court. (more…)

Barberton Criminal Defense Attorney

What is a Barberton criminal defense attorney? A Barberton criminal defense lawyer provides defense for a variety of criminal cases.  Such cases include traffic cases, such as speeding, driving under suspension (DUS), leaving the scene of an accident (hit skip), and DUI or OVI.  A Barberton criminal lawyer provides defense for misdemeanor cases, including assault, domestic violence, petty theft and disorderly conduct.  A Barberton criminal attorney provides defense for felony cases, including felony theft, trafficking in drugs, sex crimes, and felony DUI or felony OVI.  This is not a complete list, as the number of crimes fill books and are too numerous to list here. What is the criminal justice system like for a person accused of a crime in Barberton? There are numerous possibilities, but this article will describe the typical procedures.  For example, referrals to diversion or intervention in lieu of conviction are not discussed within the frameworks described below. (more…)