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Posts tagged "jury trials"

Can You Lie To The Police?

Can you lie to the police? No. You have the right to remain silent, not to lie, especially if that lie is designed to mislead the police. Then, the lie is considered obstruction of justice or obstruction of official business.   Obstructing justice is defined in Ohio Revised Code 2921.32 (R.C. 2921.32). It is a crime to attempt to hinder the discovery, apprehension, conviction or punishment of a person who has committed a crime. This can include lying or misleading the police, harboring or hiding the accused person, or helping the accused person evade the police. It can also include the use of bribery or intimidation. If the crime committed by the person aided is a misdemeanor, obstructing justice is a misdemeanor of the same degree. For example, if the aided person committed assault, a first degree misdemeanor, obstructing justice would be a first degree misdemeanor. If the crime committed by the person aided is a third, fourth or fifth degree felony, other potential penalties are specified under R.C. 2921.32.   Obstructing official business is defined in Ohio Revised Code 2921.31 (R.C. 2921.31), making it illegal to prevent, obstruct or delay a police officer or other public official in the performance of his or her official duties. (more…)

What Jail Time Credit Will Be Applied?

One question that frequently arises at sentencing is what jail time credit will be applied?  Time spent in confinement can be credited against a sentence.  Confinement includes jail and community based correctional facility (CBCF).  Treatment can count if the defendant was confined there.  In order to get credit, the person had to be in custody for the case that is proceeding to sentencing.  In other words, the person cannot get credit for time served on another charge or other case.   (more…)

What Is A Municipal Court In Ohio?

Ohio has over 100 municipal courts, including some of our local courts:  Wadsworth Municipal Court, Medina Municipal Court, Wayne County Municipal Court, Barberton Municipal Court, Akron Municipal Court, and Stow Municipal Court.  So, what is a municipal court in Ohio?   (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…)

More Potential Jurors Want Convictions

I have been noticing a disturbing trend over the past two years.  More potential jurors want convictions.   Some want so badly to return a verdict of guilty that they are willing to ignore the law in order to find the person guilty.  How have I discovered this fact?  During my twenty years of practice, I have developed a number of questions that I ask potential jurors in order to determine if they could be fair and impartial to my client.  One of these questions simply asks the potential juror if he or she would make the State of Ohio prove each and every element of the offense beyond a reasonable doubt before making a finding of guilty.  I go one step further and ask what the juror would do if the State proves all but one element beyond a reasonable doubt, with that one missing element being close but not quite there.  In my first eighteen years of practice, every potential juror answered this question correctly, which was to return a verdict of not guilty.  The first six of those years were spent as an assistant prosecutor, watching other defense attorneys ask various versions of this same question.  The other twelve of those years, I asked that question as the criminal defense attorney. (more…)