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Posts tagged "felony theft"

The Difference Between Misdemeanors and Felonies In Ohio

What is the difference between misdemeanors and felonies in Ohio? In most instances, a misdemeanor in Ohio is a crime that is punishable by not more than one hundred eighty days in jail. One cannot be sent to prison on a misdemeanor. Some felonies are punishable by six or more months in prison. All felonies in Ohio are punishable by at least six months in prison. Felonies can be sentenced to local jail time.   Ohio law sets forth the different classes of misdemeanors and their sentencing ranges: a misdemeanor of the first degree is not more than one hundred eighty days in jail; a misdemeanor of the second degree is not more than ninety days in jail; a misdemeanor of the third degree is not more than sixty days in jail; a misdemeanor of the fourth degree is not more than thirty days in jail; and a minor misdemeanor cannot consist of any jail time. (more…)

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…)

Automatic Lifetime Registration For Juvenile Sex Offenders Is Unconstitutional

The Ohio Supreme Court has ruled that automatic lifetime registration for juvenile sex offenders is unconstitutional. In their decision, the Ohio Supreme Court ruled that automatically imposing a lifetime registration requirement for a juvenile sex offender amounts to cruel and unusual punishment and violates the juvenile’s right to due process of law. In 2006, Congress passed the Adam Walsh Act, also known as the Sex Offender Registration and Notification Act (SORN). In 2008, Ohio became the first state to adopt a law that followed SORN. When the Ohio Supreme Court reviewed this law in its 2012 decision, it noted that most of the states refused to pass similar laws, opposing the lifetime sex offender registration and notification requirements for juveniles. This national consensus of rejecting automatic lifetime registration requirements for juveniles was the first of two factors the Court used to strike down this portion of the law. The second step was to look at the court’s own independent judgment on whether this punishment violates the Constitution. In doing so, the Court determined that: (1) the lifetime registration requirement was much more likely to hinder than to help juveniles obtain stable employment and reintegrate into their communities after their release from custody; (2) was contrary to past decisions that held that juveniles should be treated as less morally capable than adults; and (3) was contrary to the juvenile justice system’s primary purpose of rehabilitation rather than punishment. This analysis led the court to conclude that the severity of lifetime registration and notification and lack of adequate justification renders it cruel and unusual under the eighth amendment to the United States Constitution. The law also denied due process because it is automatic and does not allow the court to consider the child’s background or how publication of the offense might affect rehabilitation.

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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…)

Certificate Of Qualification For Employment

What is a Certificate of Qualification for Employment (CQE)?  A CQE is an order from the common pleas court in the county in which you reside that allows to apply for employment or a professional license even if your conviction may have disqualified you in the past.  Many employers exclude convicted felons as potential job candidates.  This makes it even more difficult for a convicted felon to re-integrate himself or herself into society.  A CQE can provide the employer the assurance needed to give someone a chance.
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Sharon Center Criminal Defense Attorney

Sharon Center crimes should be defended by a Sharon Center criminal defense attorney, who is available to provide a defense for traffic, misdemeanor and felony cases.  These cases can include OVI, driving under suspension, speeding, possession of drugs, trafficking in drugs and felony theft.
What court hears a crime alleged to have been committed Sharon Center?  If it is a misdemeanor, it is heard in the Wadsworth Municipal Court, 120 Maple Street, Wadsworth, Ohio 44281.  The Wadsworth Municipal Court also hears cases from the following communities: Wadsworth, Gloria Glens, Lodi, Seville, Westfield Center, Guilford Township, Harrisville Township, Homer Township, Wadsworth Township, and Westfield Township.  Felony cases may start in the Wadsworth Municipal Court, but they are ultimately handled by one of the two general division judges in the Medina County Court of Common Pleas, 93 Public Square, Medina, Ohio 44256.  Juvenile cases in Sharon Center are heard in the Medina County Juvenile Court, 93 Public Square, Medina, Ohio 44256.  The Medina County Court of Common Pleas or Medina County Juvenile Court hear cases occurring anywhere in Medina County. (more…)

Castle Law Allows You to Defend Yourself in Your Home

Ohio’s castle law allows you to defend yourself in your home.  Otherwise known as the “castle doctrine,”  the law now recognizes the security and sanctity of the home.
Ohio law previously required the victim of a home invasion to retreat before using deadly force against the intruder.  If the person in the home used deadly force, that person had to prove that he or she acted out of fear of serious physical injury or death. (more…)

Doylestown Ohio Criminal Defense Attorney

Someone who is charged with a crime in Doylestown, Ohio, needs a Doylestown criminal defense attorney, who is available to provide defense for a variety of criminal cases, such as felony theft, vandalism, disorderly conduct, and OVIs.

Doylestown Criminal Defense Attorney Handles Misdemeanors

If the crime is alleged to have been committed in Doylestown, Ohio, misdemeanor offenses will be handled by the Wayne County Municipal Court, starting with the arraignment and bond hearing. Pre-trials are set by the court.  If the accused pleads guilty or no-contest, or is found guilty at trial, the court will proceed to sentencing. (more…)

What Is Felony Theft In Ohio?

What is felony theft in Ohio?  Theft in Ohio is defined in Ohio Revised Code 2913.02 (R.C. 2913.02).  If the value of the items total one thousand dollars or more but less than seven thousand five hundred dollars, then the offense is theft, a felony of the fifth degree.  This offense has a maximum prison term of twelve months.  If the value of the items total seven thousand five hundred dollars or more and less than one hundred fifty thousand dollars, the offense is grand theft, a felony of the fourth degree.  This offense has a maximum prison term of eighteen months.  If the value of the items total one hundred fifty thousand dollars or more and is less than seven hundred fifty thousand dollars, the offense is aggravated theft, a felony of the third degree.  If the value of the property is seven hundred fifty thousand dollars or more and is less than one million five hundred thousand dollars, the offense is aggravated theft, a felony of the second degree.  If the value of the property is one million five hundred thousand dollars or more, the offense is aggravated theft of one million five hundred thousand or more, a felony of the first degree. (more…)

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…)

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…)