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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.

 

 

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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. 

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No Time Limit On Charging Crimes When One Flees To Avoid Prosecution

There is no time limit on charging crimes when one flees to avoid prosecution. In State v. Bess, the Ohio Supreme Court ruled that Ohio law tolls or stops the running of the statutes of limitations when the offender purposefully avoids prosecution. This applies to crimes that had not yet been charged or even discovered, as long as the offender purposefully avoids prosecution. In this case, Bess learned in 1989 that he was being investigated for raping a young girl. He fled to Georgia and assumed a false identity in order to avoid prosecution. He was indicted later that same year. He remained in Georgia until he was arrested in 2007 and returned to Ohio. During trial preparation, the prosecutor interviewed the girl’s brother and learned for the first time that he too was raped by Bess. A second indictment charged Bess with that rape. Bess was convicted. While there was no question that the State of Ohio could try Bess for rape of the girl, the real question was whether he could be charged and convicted of a crime eighteen years after he purposefully fled to avoid prosecution. The Ohio Supreme Court said that he could be charged and convicted in this manner because he purposefully fled the jurisdiction to avoid prosecution. (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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Summary Of Attorney Daniel Gigiano Reviews

A number of satisfied clients have submitted positive reviews of Attorney Gigiano.  These reviews and client testimonials are earned by hard work and dedication to the client’s case.  A summary of Attorney Daniel Gigiano reviews are as follows:
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Testimonials And Reviews of Daniel Gigiano

Testimonials and reviews come from hard work and know-how.  In looking at testimonials, one should look for signs that the attorney will fight for you and will take the time to do some of the little things that may need done in the case.
Daniel Gigiano is an attorney who cares about getting justice for his clients, as well as looking out for their well-being. This culture of going the extra mile had its roots back in the days when he was an assistant prosecutor.  While working in the juvenile division, word got around that Attorney Gigiano not only ran a tight ship and was a bulldog in the courtroom, but he also took the extra time with the people involved in the cases, as well as opposing counsel.  Word traveled quickly, as the people involved and his peers spoke highly of his work.  Attorney Gigiano was promoted to supervisor where he managed a large caseload.  He continued to receive compliments for his willingness to give his time to people and ensure justice. (more…)

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…)

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 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.

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…)

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 Divorce Attorney

A Wooster divorce attorney provides representation for individuals who either reside in Wooster or who need to go back to the Wayne County Domestic Relations Court’s continuing jurisdiction because they finalized a divorce case in that court.
Where one or both parents are Wooster residents, a divorce would likely be filed in the Wayne County Domestic Relations Court.  Such cases start with a complaint, affidavits, and requests for temporary orders.  The attorneys attend a number of hearings to discuss the issues with the court, consisting of a number of pre-trials.  In Wayne County, these hearings are given specific names, including the Status One Hearing, Status Two Hearing, and Pre-Trial.  If the matter cannot be settled during or as a result of any of these pretrial hearings, the case proceeds to a final hearing before the magistrate. (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…)

Sterling Divorce Attorney

A Sterling divorce attorney provides representation for individuals who either reside in Sterling, Ohio or who are subject to the Wayne County Domestic Relations Court’s continuing jurisdiction because they finalized a divorce or paternity case in that court.
Where one or both parents are Sterling residents, a divorce would likely be filed in the Wayne County Domestic Relations Court.  Such cases start with a complaint, affidavits, and requests for temporary orders.  Several “pre-trial” hearings are set by the court, consisting of the Status One Hearing, Status Two Hearing, and Pre-Trial.  In each of these hearings, the attorneys discuss the issues in the case with the magistrate.  If the matter cannot be settled during or as a result of any of these pretrial hearings, the case proceeds to a final hearing before the magistrate. (more…)

Sterling Criminal Defense Attorney

Crimes alleged to have been charged in Sterling require the services of a Sterling criminal defense attorney.  A criminal defense lawyer in Sterling provides defense for a variety of criminal cases, such as robbery, firearm specifications, drug possession, domestic violence, 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 Divorce Attorney

A Sharon Township Divorce Attorney files divorces in Medina County Domestic Relations Court.  When one or both spouses are residents of Sharon Township, this is where the divorce complaint should be filed.  Upon request, the magistrate issues temporary orders for issues such as child custody, parenting time, child support, spousal support, and exclusive use of real and personal property.  Temporary Restraining orders are automatically issued in divorce cases.  The final hearing in a divorce case is usually set approximately one year from the date of filing.  This gives the parties time to conduct discovery and negotiate the issues. (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…)

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