> Ohio Court Strikes Down Automatic Lifetime Sex Offender Registration For Juveniles | Daniel F. Gigiano Co., L.P.A.
CALL TODAY
(330) 336-3330

Posts tagged "Ohio court strikes down automatic lifetime sex offender registration for juveniles"

Can Something Be Done To Keep Me Out Of Jail?

When people accused of a crime come into my office, they often ask “can something be done to keep me out of jail?” More specifically, many clients ask if I can promise to keep them out of jail. I guess I am a little too honest. I do not make that promise. Does that mean I cannot do the job? No, it means I do not lie to people. I can promise to defend you with the knowledge and ability that I have accumulated for over twenty-one years of practicing law.   If someone is charged with a fourth or fifth degree felony, Ohio law basically tells the judge to give the person probation (technically called community control) unless there are some specific reasons not to do so. Does that usually mean that the person stays out of jail? Possibly, but the judge may decide to give a short jail sentence. Many of these felonies may qualify for diversion or intervention in lieu of a conviction. However, there may be technical problems with getting into an intervention in lieu of a conviction program and the prosecutor could decide that he or she does not want to offer diversion for a particular case. What if you do not like the terms of the diversion? Perhaps, you feel like the victim is inflating the losses and making you pay much more than they ever lost. You could take it to trial, and try to get your case reduced to a misdemeanor by a jury of your peers. Because the judge cannot send you to prison on a misdemeanor, you got this thing beaten, huh? Not so fast. That judge can still send you to jail on a misdemeanor conviction, especially if he or she thinks the actions that they heard during trial demand a response. Some crimes have minimum sentences. For example, DUIs have minimum sentences starting at three days in jail. Firearm specifications have at least a one year minimum prison term, often triggering a separate and consecutive prison term for the main felony charge.   (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…)