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Posts tagged "criminal defense attorney in Medina"

Ohio Outlaws Debtors’ Prison

The Ohio Supreme Court has ordered Ohio courts to stop reviving debtors’ prison.  In other words, Ohio outlaws debtors’ prison.  In February 2014, the high court indicated that it would not tolerate the court’s imprisoning people who could not afford to pay fines and costs.   What is debtors’ prison?   (more…)

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…)

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…)

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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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 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.

Wayne County Criminal Defense Attorney

A Wayne County Criminal Defense attorney represents individuals charged with a crime alleged to have been committed in Wayne County, Ohio.  A Wayne County criminal defense lawyer represents individuals for a variety of criminal cases, such as aggravated vehicular homicide, negligent homicide, drug abuse, disorderly conduct, and traffic offenses.  An experienced Wooster criminal defense attorney in Wayne County investigates defenses that can lead to acquittals and dismissal of charges. (more…)

Smithville Criminal Defense Attorney

A Smithville criminal defense attorney in Wayne County defends individuals accused of committing a crime in Smithville, Ohio.  A criminal defense lawyer in Smithville provides defense for a variety of criminal cases, such as negligent homicide, felony OVI, drug trafficking, assault, disorderly conduct and traffic offenses.  An experienced Wayne County criminal defense attorney determines and pursues potential defenses, as well as errors in the police investigation that can lead to a dismissal of the charges.  Uncovering such defenses or errors can save the client from the severe consequences that can result from a criminal conviction, such as prison, jail, house arrest, fines and suspension of their driver’s license.  Errors in police investigation can be exposed by filing and pursuing a motion to suppress, which, if granted by the court, would prevent the State of Ohio from presenting evidence arising out of the police’s wrongful conduct.  If the evidence is vital to the State of Ohio’s case, this can result in dismissal of the charges. (more…)

Wooster Criminal Defense Attorney

A Wooster criminal defense attorney represents individuals alleged to have committed a crime in Wooster.  A Wayne County criminal defense lawyer in Wooster provides defense for a variety of criminal cases, such as employee theft, vandalism, criminal damaging, drug paraphernalia, disorderly conduct and traffic offenses.  An experienced Wayne County criminal defense attorney determines and pursues potential defenses, as well as errors in the police investigation that can lead to a dismissal of the charges.  Finding such defenses or errors can save the client from consequences such as prison, jail, house arrest, fines and suspension of their driver’s license.  Errors in police investigation can be exposed through a motion to suppress, which, if granted by the court, would prevent the State of Ohio from presenting evidence arising out of the police’s wrongful conduct.  If the evidence is crucial, this can result in dismissal of the charges. (more…)

Sharon Township Criminal Defense Attorney

A Sharon Township criminal defense attorney in Medina County defends persons accused of committing crimes in Sharon Township.  A Sharon Township criminal defense attorney is available to provide a defense for traffic, misdemeanor and felony cases, including, but not limited to, DUI, speeding, manufacture of drugs, robbery, and burglary.  Hiring a Sharon Township criminal defense attorney gives you access to the justice system and your opportunity to present your case.
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Canal Fulton Criminal Defense Attorney

One accused of a crime in Canal Fulton needs a Canal Fulton criminal defense attorney.  A Canal Fulton criminal defense lawyer can provide a defense for numerous criminal cases, such as felony cases, misdemeanor cases, and traffic cases, such as aggravated robbery, sexual imposition, disorderly conduct and OVI.

Canal Fulton Criminal Defense Attorney Represents Clients In Stark County Courts

  Misdemeanors that are alleged to have been committed in Canal Fulton are heard in Massillon Municipal Court, Two James Duncan Plaza, Massillon, Ohio 44648.  Felonies taking place in Canal Fulton or anywhere in Stark County are heard in the Stark County Court of Common Pleas, 101 W. Tuscarawas Street, Canton, Ohio 44702.  Juveniles accused of crimes in Canal Fulton or anywhere in Stark County will have their cases heard in the Stark County Juvenile Court, 110 Central Plaza South, Suite 601, Canton, Ohio 44702. (more…)

Sharon Center Criminal Defense Attorney

Sharon Center crimes should be defended by a Sharon Center criminal defense attorney, who is available to provide a defense for traffic, misdemeanor and felony cases.  These cases can include OVI, driving under suspension, speeding, possession of drugs, trafficking in drugs and felony theft.
What court hears a crime alleged to have been committed Sharon Center?  If it is a misdemeanor, it is heard in the Wadsworth Municipal Court, 120 Maple Street, Wadsworth, Ohio 44281.  The Wadsworth Municipal Court also hears cases from the following communities: Wadsworth, Gloria Glens, Lodi, Seville, Westfield Center, Guilford Township, Harrisville Township, Homer Township, Wadsworth Township, and Westfield Township.  Felony cases may start in the Wadsworth Municipal Court, but they are ultimately handled by one of the two general division judges in the Medina County Court of Common Pleas, 93 Public Square, Medina, Ohio 44256.  Juvenile cases in Sharon Center are heard in the Medina County Juvenile Court, 93 Public Square, Medina, Ohio 44256.  The Medina County Court of Common Pleas or Medina County Juvenile Court hear cases occurring anywhere in Medina County. (more…)

Massillon Criminal Defense Attorney

Someone who is accused of a crime in Massillon or within the Massillon Municipal Court’s jurisdiction needs a Massillon criminal defense attorney.  A Massillon criminal defense lawyer can provide a defense for numerous criminal cases, such as traffic, misdemeanors, and felonies.  Some examples are DUI, domestic violence, theft, sex crimes, and trafficking in drugs.  When facing jail time or prison time, you need an experienced and aggressive Massillon criminal defense attorney on your side. (more…)

Lodi Criminal Defense Attorney

Someone who is accused of a crime in Lodi, Ohio, needs a Lodi criminal defense attorney in Medina County, who is available to provide defense for a variety of criminal cases, such as breaking and entering, theft, DUIs, disorderly conduct and speeding cases.
The Wadsworth Municipal Court presides over misdemeanors alleged to have been committed in Lodi.  Pre-trials are informally arranged between the criminal defense attorney and the prosecutor.  If the accused is convicted of the offense, the court will usually order a pre-sentence investigation (PSI) prior to sentencing, unless it is a minor misdemeanor. (more…)

Brunswick Criminal Defense Attorney

Someone who is accused of a crime in Brunswick needs a Brunswick criminal defense attorney, who is available to provide defense for a variety of criminal cases, including traffic, misdemeanors, and felonies.  A Brunswick criminal defense attorney can provide representation close to home, with knowledge of the court’s local procedures and practices.  This experienced criminal attorney can identify defenses and police errors which can result in dismissal or reduced charges.  Police errors usually must be challenged through a motion to suppress. (more…)

Westfield Center Criminal Defense Attorney

Someone who is accused of a crime in Westfield Center, Ohio, needs a Westfield Center criminal defense attorney, who is available to provide defense for a variety of criminal cases, such as trafficking in drugs, automobile theft, assault, and DUIs.
Misdemeanors are heard in the Wadsworth Municipal Court, 120 Maple Street, Wadsworth, Ohio 44281.  Felony cases can start in the Wadsworth Municipal Court, but any trial would occur in the Medina County Court of Common Pleas.  Juvenile cases are heard in the Medina County Juvenile Court, 93 Public Square, Medina, Ohio 44256. (more…)

Seville Criminal Defense Attorney

Someone who is accused of a crime in Seville, Ohio, needs a Seville criminal defense attorney in Medina County, who is available to provide defense for a variety of criminal cases, from traffic to misdemeanors and felonies.
If the crime is alleged to have been committed in Seville, Ohio, misdemeanor offenses will be handled by the Wadsworth Municipal Court, starting with the arraignment and bond hearing. Pre-trials are not set by the court, but can be privately arranged between the criminal defense attorney and the prosecutor.  If the accused pleads guilty or no-contest, or is found guilty at trial, the court will order a pre-sentence investigation (PSI) prior to sentencing, unless it is a minor offense such as a minor misdemeanor. (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…)

Wadsworth Criminal Defense Attorney

Someone who is accused of a crime in Wadsworth needs a Wadsworth criminal defense attorney, who is available to provide defense for a variety of criminal cases, including traffic, misdemeanors, and felonies.  A Wadsworth criminal defense attorney can provide representation close to home, with knowledge of the court’s local procedures and practices. Misdemeanors are heard in the Wadsworth Municipal Court, 120 Maple Street, Wadsworth, Ohio 44281.  The first appearance consists of either of the following:  the bond hearing; or the arraignment, where the accused is informed of the charges and potential penalties for the charges.  Later, the matter is set for trial to the court.  Jury trials are set after a written demand for one.  This court does not conduct formal pre-trials, but a Wadsworth criminal defense attorney can set up an informal one with the assistant prosecutor.  The court may hold hearings on pretrial motions filed by the criminal defense attorney or the assistant prosecutor.  If the accused pleads guilty or no-contest, or is found guilty at trial, the court usually orders a pre-sentence investigation (PSI) prior to sentencing. (more…)

More Potential Jurors Want Convictions

I have been noticing a disturbing trend over the past two years.  More potential jurors want convictions.   Some want so badly to return a verdict of guilty that they are willing to ignore the law in order to find the person guilty.  How have I discovered this fact?  During my twenty years of practice, I have developed a number of questions that I ask potential jurors in order to determine if they could be fair and impartial to my client.  One of these questions simply asks the potential juror if he or she would make the State of Ohio prove each and every element of the offense beyond a reasonable doubt before making a finding of guilty.  I go one step further and ask what the juror would do if the State proves all but one element beyond a reasonable doubt, with that one missing element being close but not quite there.  In my first eighteen years of practice, every potential juror answered this question correctly, which was to return a verdict of not guilty.  The first six of those years were spent as an assistant prosecutor, watching other defense attorneys ask various versions of this same question.  The other twelve of those years, I asked that question as the criminal defense attorney. (more…)

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