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Posts tagged "criminal defense lawyer in Medina County"

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…)

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…)

Marshallville Criminal Defense Attorney

A Marshallville Criminal Defense attorney represents individuals charged with a crime alleged to have been committed in Marshallville, Ohio.  A Marshallville criminal defense lawyer represents individuals for a variety of criminal cases, such as felonious assault, drug abuse, domestic violence, disorderly conduct, and traffic offenses.  An experienced Orrville criminal defense attorney in Marshallville investigates defenses that can lead to acquittals and dismissal of charges.  Some defenses involve police errors that can be challenged through a motion to suppress. (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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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…)

Can a Juvenile Court Give an Adult Sentence?

Can a juvenile court give an adult sentence?  It sure can.  However, this option is only available for a Serious Youthful Offender (SYO), which blends juvenile and adult sentences.  Bindovers to adult court are not included in this article, as those cases involve a hearing to determine if a juvenile should be tried as an adult, and, if so, the juvenile’s case is transferred to adult court.  SYO exists in the world between the typical juvenile proceedings and adult court. (more…)

What Should You Do If You Are Involved In a Traffic Accident?

What should you do if you are involved in a traffic accident?  If you get involved in a traffic accident on a public road, you are required to do a number of things.  First, you must stop and remain at the scene.  You must also give your name, address, vehicle license plate number, and name and address of the vehicle owner to the police, persons injured in the accident and to the operator, occupant, or owner of the damaged vehicle.  If he injured person is not in a position to understand or receive this information, you must immediately notify the nearest police authority of the location of the accident, your name and address and your vehicle license plate number.  You must also show your driver’s license to anyone who requests it.  You must also remain at the scene until the police arrive, unless you are transported to another location by ambulance. (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…)

Summit County Criminal Defense Attorney

One accused of a crime in Summit County needs a Summit County criminal defense attorney who has the experience to provide defense for a variety of criminal cases, from traffic to misdemeanor to felony cases.  Summit County has three municipal courts, a juvenile court, common pleas court and several mayor’s courts.
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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…)

Good Faith Exception

The police need reasonable suspicion that a crime has been committed prior to pulling someone over or temporarily detaining them. The police need probable cause to arrest someone.  Even if the police are wrong, as long as they acted in good faith, the stop, detention or arrest is still valid.  This is known as the good faith exception.  If the criminal record computer system, otherwise known as LEADS, shows that someone has an arrest warrant, the police can arrest the person.  Even if that computer entry later turned out to be wrong and the warrant was quashed well before the arrest was made, the arrest is still valid because the police were acting on good faith reliance on the computer records.  The computer records, which includes LEADS and BMV records, tells police the person’s record, whether the driver’s license is valid, active warrants, active civil protection orders, and violent tendency warnings. (more…)

Miranda Warnings

Before the police can question someone who is in custody, they must give Miranda warnings, which are:

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney.  If you cannot afford an attorney, one will be appointed to you.

Failure to comply with this requirement can result in suppression of evidence after the filing of a motion to suppress. The United States Supreme Court, in Miranda v. Arizona, 384 U.S. 436 (1966), said that the warnings must be given “when an individual is taken into custody or otherwise deprived of his freedom by the authorities in any significant way, and is subjected to questioning, the privilege against self-incrimination is jeopardized.  Procedural safeguards must be employed to protect the privilege.” (more…)

What Field Sobriety Tests Are Used In OVI Case?

Field sobriety tests in OVI cases can determine innocence, guilt, and even get the case thrown out.  The National Highway Traffic Safety Administration (NHTSA) has a manual that sets forth the three major field sobriety tests and sets forth uniform standards for such testing.  The tests consist of the Horizontal Gaze Nystagmus test, the Walk and Turn test and the One Leg Stand test. The Horizontal Gaze Nystagmus test (HGN) is often called the "pen test" or "eye test."  The HGN is performed with a pen, but can be performed with any “stimulus,” as long as it is held 12-15 inches away from the person’s eyes.  Contacts, glasses and head injuries can affect this test.  The manual sets forth minimum times for each portion of the test, all of which adds up to at least 96 seconds. The Walk and Turn is supposed to be performed on a flat surface.  It consists of a standing heel-to-toe position during the instructions, nine heel-to-toe steps, a turn and nine return heel-to-toe steps.  Existing leg and back injuries can affect one’s ability to perform this test. The One Leg Stand is also supposed to be performed on a flat surface.  It consists of holding one’s foot six inches above the ground while counting for a minimum of thirty seconds.  Existing leg and back injuries can affect one’s ability to perform this test. These are just a few of the requirements outlined in the NHTSA field sobriety testing manual.  An experienced criminal defense lawyer can help determine whether the police have complied with the manual and challenge the testing procedures in court. (more…)

Ohio Legislature Reduces Felony Sentences

The Ohio Legislature reduces felony sentences for a number of offenses.  After years of increasing and imposing mandatory sentences, the Ohio Legislature has pulled back their efforts in order to focus on treatment and rehabilitation and reduce prison crowding.  One convicted of a fourth or fifth degree felony cannot be sent to prison unless certain criteria are met.  The maximum sentence for many third degree felonies have been reduced from five to three years. (more…)