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Posts tagged "diversion"

Intervention In Lieu Of Conviction

Intervention in Lieu of conviction is a program that allows one charged with a crime to obtain a dismissal at the conclusion of the program. In order to be eligible, drug addiction, alcohol addiction, or mental health issues must have played a part in the commission of the offense. The program focuses on treating, rather than punishing, the problem.   Once the charges are dismissed, the record is not sealed off from the public. The arrest record likely still exists. In order to wipe the docket and arrest from the record, one must file to have those records sealed and expunged. When can this record be expunged? Does one have to wait one year for a misdemeanor or three years for a felony? The Ohio Supreme Court addressed this question in State v. Niesen-Pennycuff. In this case, the Ohio Supreme Court held that, because the charges are dismissed at the conclusion of an intervention in lieu of conviction program, there is no conviction. The waiting periods only apply to convictions. Therefore, expungement of the docket and arrest is available immediately. However, the Ohio Supreme Court decided that, just because trial courts can immediately grant a request for expungement, it does not mean that they must. The trial courts could impose their own waiting period, even if the waiting period is as long as those for eligibility for expungement of convictions. A skilled criminal defense attorney, such as this Akron criminal law attorney near Barberton, can help one navigate the different situations and courts. (more…)

Can Something Be Done To Keep Me Out Of Jail?

When people accused of a crime come into my office, they often ask “can something be done to keep me out of jail?” More specifically, many clients ask if I can promise to keep them out of jail. I guess I am a little too honest. I do not make that promise. Does that mean I cannot do the job? No, it means I do not lie to people. I can promise to defend you with the knowledge and ability that I have accumulated for over twenty-one years of practicing law.   If someone is charged with a fourth or fifth degree felony, Ohio law basically tells the judge to give the person probation (technically called community control) unless there are some specific reasons not to do so. Does that usually mean that the person stays out of jail? Possibly, but the judge may decide to give a short jail sentence. Many of these felonies may qualify for diversion or intervention in lieu of a conviction. However, there may be technical problems with getting into an intervention in lieu of a conviction program and the prosecutor could decide that he or she does not want to offer diversion for a particular case. What if you do not like the terms of the diversion? Perhaps, you feel like the victim is inflating the losses and making you pay much more than they ever lost. You could take it to trial, and try to get your case reduced to a misdemeanor by a jury of your peers. Because the judge cannot send you to prison on a misdemeanor, you got this thing beaten, huh? Not so fast. That judge can still send you to jail on a misdemeanor conviction, especially if he or she thinks the actions that they heard during trial demand a response. Some crimes have minimum sentences. For example, DUIs have minimum sentences starting at three days in jail. Firearm specifications have at least a one year minimum prison term, often triggering a separate and consecutive prison term for the main felony charge.   (more…)

Norton Criminal Defense Attorney

What is a Norton criminal defense attorney? A Norton criminal defense lawyer provides defense for a variety of criminal cases, ranging from traffic offenses to misdemeanors and felonies. What is the criminal justice system like for a person accused of a crime in Norton? 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.

Norton Misdemeanor Cases

  Misdemeanors can start in Norton Mayor’s Court, but are also heard in the Barberton Municipal Court, 576 W. Park Ave., Barberton, Ohio 44203. The first appearance is usually the arraignment, where the accused is informed of the charges and potential penalties for the charges.  After the arraignment, the matter is set for pre-trial.  If the matter is not resolved at pre-trial, then it may be set for trial.  Plea bargains typically resolve the entire case by an agreement to the charges and sentence.  However, sometimes the court will want to know more about the case and will order a pre-sentence investigation (PSI) prior to sentencing. (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…)

Medina Criminal Defense Attorney

What is a Medina criminal defense attorney? A Medina 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 Medina criminal lawyer provides defense for misdemeanor cases, including assault, domestic violence, petty theft and disorderly conduct.  A Medina 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. (more…)