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Posts tagged "Jail time credit in Ohio"

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…)

What Is Extradition?

What is extradition? Extradition is a procedure where a person in one state is surrendered to another state in connection with separate criminal proceedings. Usually, that person has fled the state to avoid prosecution, sentencing or incarceration. A person who flees prosecution or sentencing is called a fugitive.   One the fugitive is arrested, he or she can either request a hearing to contest the extradition or can waive the right to this hearing. If the fugitive waives the right to a hearing, he or she will be available for return to the state that issued the warrant. (more…)

Prosecutorial Misconduct

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:  
  1. Adversely commenting on a defendant’s failure to testify at trial.
  2. Use of a defendant’s silence before or after arrest as substantive evidence of guilt.
  3. Unfair or derogatory personal references to defense counsel during trial.
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Good Faith Exception

The police need reasonable suspicion that a crime has been committed prior to pulling someone over or temporarily detaining them. The police need probable cause to arrest someone.  Even if the police are wrong, as long as they acted in good faith, the stop, detention or arrest is still valid.  This is known as the good faith exception.  If the criminal record computer system, otherwise known as LEADS, shows that someone has an arrest warrant, the police can arrest the person.  Even if that computer entry later turned out to be wrong and the warrant was quashed well before the arrest was made, the arrest is still valid because the police were acting on good faith reliance on the computer records.  The computer records, which includes LEADS and BMV records, tells police the person’s record, whether the driver’s license is valid, active warrants, active civil protection orders, and violent tendency warnings. (more…)

Can Police Pull You Over Based On A Tip From Another Driver?

There are times when the police conduct a traffic stop on a vehicle based upon a tip from a citizen that the vehicle was driving erratically.  Sometimes, this is a tip from another driver.  When the police observe traffic violations that, by themselves, justify a traffic stop, courts need not analyze the reliability of the citizen’s tip in determining whether the traffic stop was valid.  However, the police often gather little to no evidence prior to conducting a traffic stop.  In those instances, courts must analyze the reliability of the tip.  In other words, the courts ask: "can police pull you over based on a tip from another driver?" In analyzing the reliability of the tip, informants are divided into three classes: (1)        the anonymous informant; (2)        the known informant; and (3)        the identified citizen informant. (more…)

Ohio Changes OVI Laws

Ohio’s laws for operating under the influence of alcohol have changed over the last several years. Learn more about Wadsworth DUI and surrounding areas.

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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…)