Drug courts can save money by reducing crime and the money spent on resources for individuals charged and convicted of crimes. Rehabilitated offenders are less likely to re-offend, which saves money that would be spent prosecuting such crimes, as well as costs of incarceration.
A drug court is a specialized docket designed to handle cases involving drug-addicted offenders. Individuals that are drug-addicted qualify for the program. Their offenses may directly involve drugs or may be indirectly involved with drugs. The direct offenses include possession of drugs and low-level drug trafficking offenses. Indirect offenses include theft and forgery. Many individuals disqualify themselves by failing to acknowledge the first step to recovery: admitting you have a problem. Often, when asked if they have a problem with drugs or alcohol, they tell drug counselors, drug assessors, probation officers and judges that they do not have a problem. These same individuals may consume over 25 drinks per week, may use marijuana daily or may have lost jobs, marriages, or even their children due to their own use of drugs or alcohol. Because drug addiction is a requirement for the program, their admission to the program, including its many benefits, is denied. Those who admit they have a problem with drugs or alcohol stand a much better chance of admission to the program.
In my practice, I frequently confront the question of filing tax returns during a pending divorce, whether they should file an individual or joint return and what they should do with the refund. The other issue is whether the parties should file an individual or joint return.
Filing tax returns during a pending divorce depends on the situation. First, in the vast majority of divorces, there are restraining orders prohibiting the parties from disposing of assets and possibly even filing tax returns in the absence of a court order or mutual agreement. Therefore, going off on one’s own, filing an individual tax return and keeping the refund could be grounds for contempt.
What is prosecutorial misconduct? Improper remarks during trial, failure to disclose exculpatory evidence and knowing use of perjured testimony are just a few examples. Sometimes, a prosecutor’s misconduct amounts to grounds for reversible error under Ohio Revised Code 2945.79 (R.C. 2945.79
What comments can give rise to prosecutorial misconduct? The following examples are remarks that can deprive the defendant of a fair trial:
- Adversely commenting on a defendant’s failure to testify at trial.
- Use of a defendant’s silence before or after arrest as substantive evidence of guilt.
- Unfair or derogatory personal references to defense counsel during trial.
Can a person waive the right to remain silent? The Fifth Amendment to the United States Constitution guarantees the right to remain silent, often referred to as “pleading the fifth.” Ohio also guarantees this right in Article 1, Section 10 of the Ohio Constitution.
In the United States Supreme Court’s landmark decision in Miranda v. Arizona, 384 U.S. 436 (1966)
, the court said that the following warnings must be given prior to a custodial interrogation:
One question that frequently arises at sentencing is what jail time credit will be applied? Time spent in confinement can be credited against a sentence. Confinement includes jail and community based correctional facility (CBCF). Treatment can count if the defendant was confined there. In order to get credit, the person had to be in custody for the case that is proceeding to sentencing. In other words, the person cannot get credit for time served on another charge or other case.