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Posts tagged "experienced criminal defense attorney"

Unreliable Identification Cannot Be Used At Trial

If the identification procedure used by the police is suggestive and unnecessary, it is a violation of the accused person’s rights. The courts look at the corrupting effect of the suggestive identification against the witness’s ability to make an accurate identification.  Even if the witness had an adequate opportunity to view a suspect, the later use of a highly suggestive identification procedure can make the witness’ testimony inadmissible.  In other words, unreliable identification cannot be used at trial. Courts consider a number of factors, including: (1)        opportunity of the witness to view the criminal a the time of the crime; (2)        the witness’ degree of attention; (3)        the accuracy of the witness’ prior description of the criminal; (4)        the level of certainty demonstrated by the witness at the confrontation; and (5)        the length of time between the crime and the confrontation. (more…)

What Factors Affect An Agreed Sentence?

I often hear my clients tell me that someone else got a certain sentence for a similar offense and whether they could also get the same sentence. My usual response is that no two cases and defendants are exactly alike and so the sentences would not necessarily be exactly alike.  There are a number of official sentencing guidelines that courts follow, especially those set forth in Ohio Revised Code 2929.11 and 2929.12 (R.C. 2929.11 and R.C. 2929.12).  This article is not going to focus on those factors, but rather, the factors in obtaining an agreed sentence. (more…)