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Posts tagged "felonies"

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…)

Sharon Center DUI Attorney

A Sharon Center DUI attorney represents individuals charged with OVI and other traffic offenses in Sharon Center.  OVI is the acronym for “operating vehicle under the influence of alcohol or drugs,” and such cases typically consist of two potential offenses: (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs.  Depending on the number of prior offenses, there are minimum periods of suspension and incarceration set forth under Ohio law. (more…)

Massillon Criminal Defense Attorney

Someone who is accused of a crime in Massillon or within the Massillon Municipal Court’s jurisdiction needs a Massillon criminal defense attorney.  A Massillon criminal defense lawyer can provide a defense for numerous criminal cases, such as traffic, misdemeanors, and felonies.  Some examples are DUI, domestic violence, theft, sex crimes, and trafficking in drugs.  When facing jail time or prison time, you need an experienced and aggressive Massillon criminal defense attorney on your side. (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…)

Seville Criminal Defense Attorney

Someone who is accused of a crime in Seville, Ohio, needs a Seville criminal defense attorney in Medina County, who is available to provide defense for a variety of criminal cases, from traffic to misdemeanors and felonies.
If the crime is alleged to have been committed in Seville, Ohio, misdemeanor offenses will be handled by the Wadsworth Municipal Court, starting with the arraignment and bond hearing. Pre-trials are not set by the court, but can be privately arranged between the criminal defense attorney and the prosecutor.  If the accused pleads guilty or no-contest, or is found guilty at trial, the court will order a pre-sentence investigation (PSI) prior to sentencing, unless it is a minor offense such as a minor misdemeanor. (more…)

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…)

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…)

Hinckley Criminal Defense Attorney

What is a Hinckley criminal defense attorney? A Hinckley criminal defense lawyer provides defense for a variety of criminal cases, including traffic, misdemeanors, and felonies. Misdemeanors are heard in the Medina Municipal Court, 135 North Elmwood Ave., Medina, Ohio 44256. Felonies may start out in the Medina Municipal Court, but the bulk of the case will be heard in the Medina County Court of Common Pleas, 93 Public Square, Medina, Ohio 44256.  Juvenile cases are heard in juvenile court in the same location as the common pleas 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…)