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Posts tagged "Ohio"

Battle Between The Landlord And Tenant For The Security Deposit

There are several rules setting forth the rights and duties between a landlord and the tenants in Ohio when the tenants are using the premises as their home. This article will focus on the tenants’ right to a security deposit, as well as the landlord’s right to use the security deposit.  In other words, we will look at the batter between the landlord and tenant for the security deposit.  The landlord must return a tenant’s security deposit within thirty days of the day the tenant vacates the property as long as:  
  1. The rent has been paid in full;
  2. The premises have no damage beyond normal wear and tear; and
  3. The tenant gave the landlord a mailing address where the security deposit could be sent.
  Any security deposit withheld must be listed in a written itemization of damage or unpaid rent, which must be sent to the tenant along with the remainder of the security deposit. Damage does not include normal wear and tear.  Normal wear and tear includes routine property maintenance.   (more…)

Filler Weight Is Included In Drug Cases

Filler weight is included in drug cases. Believe it or not, it is illegal to possess and sell fake drugs in Ohio.  Fake drugs are officially referred to as counterfeit controlled substances.  While a controlled substance is usually part of a class of illegal or strictly regulated substances, a counterfeit controlled substance is a non-controlled substances that a reasonable person would believe to be a controlled substance because of its similarity in shape, size, color, markings, labeling, packaging, distribution, or price.   (more…)

Child Custody In Ohio

How is child custody decided in Ohio? These issues are decided by domestic relations and juvenile courts in Ohio.  For disputes between parents, the domestic relations courts in Medina County, Summit County and Cuyahoga County hear such cases.  In Wayne County, Ohio, the domestic relations court hears child custody cases in divorce and post-divorce decree cases.  The Wayne County juvenile court hears child custody cases between unmarried parents.  For purposes of this article, we will refer to all these courts as the Ohio child custody court.   The Ohio child custody court must decide between sole custody to one parent and shared parenting with both parents. The parent who is awarded sole custody becomes the child’s legal custodian and will make decisions about non-emergency medical care, education, religion, discipline and extra-curricular activities.  The sole legal custodian must let the non-custodial parent know about such matters but will make the final decisions.   (more…)

Driver’s License Is Not Needed For Non-Motor Vehicles

A driver’s license is not needed for non-motor vehicles in Ohio. A motorized bicycle is not a motor vehicle. Trailers towed at twenty-five miles per hour or less is not included in the definition of motor vehicles. A motorized bicycle is “any vehicle that either has two tandem wheels or one wheel in the front and two wheels in the rear, that is capable of being pedaled, and that is equipped with a helper motor of not more than fifty cubic centimeters piston displacement that produces no more than one brake horsepower and is capable of propelling the vehicle at a speed of no greater than twenty miles per hour on a level surface. A motorized bicycle does not become a motor vehicle unless it is pulling a trailer.   (more…)

Medical Bills In Personal Injury Cases

How are medical bills in personal injury cases used for reimbursement purposes? Medical bills usually have two rates: (1) the full uninsured rate; and (2) the adjusted rate, or the amount of the bill after the bill is adjusted to the rate according to the agreement between the medical provider and the insurance company. Some like to refer to this second amount as the amount of the bill after the medical provider writes off some of the bill. Which figure does the jury get to hear at trial? The Ohio Supreme Court ruled on this issue in 2006, in Robinson v. Bates. In their decision, the Ohio Supreme Court said that both the amount billed and the amount accepted as full payment could be admitted into evidence. Any difference between the original medical bill and the amount accepted is not a benefit. Because a medical bill is good evidence of the reasonable value of charges for medical services, either version of the bills can be used to demonstrate that value.   (more…)

Suspended Driver’s License in Ohio

What do you do if you have a suspended driver’s license in Ohio? The solution starts with determining what event caused the driver’s license to be suspended. Once the cause is determined, one may be able to figure out the reinstatement requirements. It is also important to know what can happen if one is convicted of driving under a suspended driver’s license. Ohio BMV’s website can be found on my links page, along with a number of other important links.   How does one’s driver’s license get suspended in Ohio? A judge can order the suspension as part of your sentence for a crime. Such crimes include drug possession, drug trafficking, possession of drug paraphernalia, OVI, hit-skip, fleeing and eluding, or driving under suspension. The Ohio Bureau of Motor Vehicles (BMV) imposes suspensions for failure to show proof of insurance either during a traffic stop or after random selection by the BMV to show proof of insurance. This suspension is known as a non-compliance suspension and is covered under Ohio’s Financial Responsibility Act.   (more…)

Search Of Abandoned Property Admissible

In State v. Gould, the Ohio Supreme Court held a search of abandoned property admissible when it held that the police can search an abandoned hard drive. The suspect in this case had left a hard drive behind in his apartment in August 2006. When he left the apartment, he stole a truck belonging to his brother, who was also his roommate. He also concealed himself until he was arrested in Michigan in June 2007. The suspect never asked about the hard drive and never tried to get it back. The Ohio Supreme Court ruled that these actions amounted to abandonment of the hard drive. Because the property was abandoned, the police were free to search the hard drive when the suspect’s mother turned it over to them.   (more…)

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…)

Long Term Care Insurance’s Role in Medicaid Planning

Many seniors will be faced with the need for long-term care. The costs of long-term care can be devastating to the spouse living at home, depleting the savings accumulated over a lifetime in just a few years. Medicare only fully covers 20 days of skilled nursing care after a three day stay in a hospital. After the first 20 days, Medicare pays only a small part of the skilled nursing bill for another 80 days. Medicare pays for hospice services such as counseling and pain management medications, but not for hospice room and board. As you can see, Medicare benefits run out quickly, resulting in a shift to Medicaid. However, Medicaid limits how much one can keep and still qualify for benefits. Because Medicaid is a program to provide health care to the poor, one must be poor to qualify.   (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…)

When Can Grandparents Take Custody Of A Child?

When can grandparents take custody of a child? A nonparent can be awarded custody of a minor child if the court makes a finding of parental unsuitability. Parental unsuitability can be determined if the "parent abandoned the child; contractually relinquished custody of the child; that the parent has become totally incapable of supporting or caring for the child; or that an award of custody to the parent would be detrimental to the child.” Parents who are suitable persons have a paramount right to the custody of their minor children.   In other words, parents have a right to care for and raise their children. In order to infringe on that right, someone must first demonstrate that the parent is unsuitable, commonly known as unfit parents. A typical case of parental unsuitability is when the parents leave the children with the grandparents and disappear for a long period of time. In such an instance, the grandparent will likely be able to prove parental unsuitability and may be able to obtain custody of the children.   (more…)

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…)

Cheap Criminal Defense Attorney

My office receives a lot of phone calls asking what I charge for a criminal defense or DUI defense.  Some of these prospective clients are looking for a cheap criminal defense attorney or a cheap DUI attorney.  Some are just trying to get an idea of the range of criminal attorney fees.  We happily give them our fee and tell them what we do for that fee.  However, it is really difficult to really show them all that we do for that fee.  While we have a competitive fee, we are not the lowest fee.  We do not want to be the lowest fee because of the loss of professionalism and service that would likely occur if we were to charge such a low fee.

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Can A Person Waive The Right To Remain Silent?

Can a person waive the right to remain silent?  The Fifth Amendment to the United States Constitution guarantees the right to remain silent, often referred to as “pleading the fifth.”  Ohio also guarantees this right in Article 1, Section 10 of the Ohio Constitution.   In the United States Supreme Court’s landmark decision in Miranda v. Arizona, 384 U.S. 436 (1966), the court said that the following warnings must be given prior to a custodial interrogation:   (more…)

What Is Separate Property In Divorce?

Daniel F. GIgiano, Attorney at Law, Wadsworth, OhioWhat is separate property in divorce?  It is property that the spouse gets to keep without it being subject to an equitable division by the divorce court.
First, we should look at what is marital property under Ohio law.  The Ohio law defining marital property is found in Ohio Revised Code 3105.171 (R.C. 3105.171).  Marital property is:
  1. All property currently owned by either or both parties or acquired by either or both of the parties during the marriage; and
  2. All property interest that either or both parties currently holds acquired by either or both of the spouses during the marriage;
  3. Active income, which is all income and appreciation on separate property, due to the labor, monetary, or in-kind contribution of either or both of the spouses that occurred during the marriage;
  4. Anything that is not separate property.
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What Does The IRS Consider To Be Spousal Support?

Daniel F. GIgiano, Attorney at Law, Wadsworth, OhioWhat does the IRS consider to be spousal support?  A divorce decree labels payments as spousal support, maintenance, or alimony.  Does that mean that the payments are considered to be alimony by the IRS?  Not necessarily.  Why does this matter?  It matters because qualifying spousal alimony payments are deductible by the payer and included in the recipient’s income.
In Ohio, alimony is called spousal support.  For purposes of this article, we will use the Ohio term.  In order for a payment to qualify as spousal support by the IRS, all of the following requirements must be met: (more…)

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…)

Burbank DUI Attorney

A Burbank DUI attorney provides aggressive representation for individuals accused of OVI in Burbank, Ohio.  Ohio refers to DUI as operating vehicle under the influence of alcohol or drugs, otherwise known as OVI.  OVI cases can be made up of two separate charges: (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.  The statute provides for a minimum driver’s license suspension of 180 days and a minimum period of jail or equivalent incarceration of 72 hours upon a conviction for an OVI or BAC charge.  Such minimum penalties increase with a BAC of .17 or more, and prior convictions for OVI or BAC. (more…)

West Salem Criminal Defense Attorney

A West Salem criminal defense attorney provides aggressive representation for individuals accused of committing a crime in West Salem, Ohio.  The types of crimes one may be accused of consists of a wide range, including felonious assault, gross sexual imposition, trafficking in drugs, domestic violence, sexual imposition, operating a vehicle under the influence of alcohol, disorderly conduct, and traffic offenses.

West Salem Criminal Defense Attorney Practices In Wayne County Courts 

  Crimes alleged to have been committed in West Salem, Ohio, can be heard in one of several Wayne County Courts.  Misdemeanor charges are heard in the Wayne County Municipal Court 215 S. Grant St., Wooster, Ohio 44691 or West Salem Mayor’s Court, 27 S. Main St., West Salem, Ohio 44287. Felony charges can begin in municipal court, but the majority of the case, and any trials will be heard in Wayne County Court of Common Pleas, 107 W. Liberty St., Wooster, Ohio 44691. Juvenile cases arising out of West Salem are heard in the Wayne County Juvenile Court, 107 W. Liberty St., Wooster, Ohio 44691.

West Salem Criminal Defense Attorney Explains The Process 

  Criminal cases start with the arraignment and bond hearing, followed by the pre-trial.  If the matter cannot be resolved, it then proceeds to a trial to the court or trial by jury. In the event of a conviction, the matter proceeds to sentencing. Misdemeanor cases typically have a maximum sentence of 180 days in jail. Felony cases can result in a prison sentence.

West Salem Criminal Defense Attorney Practices In Medina County Courts and Stark County Courts

  To learn about other nearby criminal courts, click on any of the following links: Burbank criminal defense attorney; Smithville criminal defense attorney; Medina criminal defense attorney; Wadsworth criminal defense attorney; Massillon criminal defense attorney. To read more on criminal law, click on any of the following links to my other articles related to criminal law: Ohio outlaws debtors’ prison; What is felony theft in Ohio; Medina County felony trial attorney; Automatic lifetime registration for juvenile sex offenders is unconstitutional; Ohio has a unique restriction on traffic stops; When is consent to search valid; Castle law allows you to defend yourself in your home. My hard work has resulted in successful results for many of my clients, including the results shown in the case highlights section. This success is reflected in the following links to my reviews and work: Daniel Gigiano reviews; Daniel Gigiano ratings; Daniel Gigiano; Daniel Gigiano work; Working with Daniel Gigiano.

Learn How West Salem Criminal Defense Attorney Can Help You 

  Attorney Gigiano is an experienced West Salem criminal defense attorney in Medina County.  Attorney Gigiano regularly practices in the Wayne County Courts, as well as other local courts.  If you have questions about this or other questions you need answered by an experienced Orrville criminal defense lawyer in Wadsworth, please call Attorney Daniel F. Gigiano at 330-336-3330.  Attorney Gigiano’s office is located at 102 Main St., Ste. 200, Wadsworth, Ohio 44281.

Wayne County Criminal Defense Attorney

A Wayne County Criminal Defense attorney represents individuals charged with a crime alleged to have been committed in Wayne County, Ohio.  A Wayne County criminal defense lawyer represents individuals for a variety of criminal cases, such as aggravated vehicular homicide, negligent homicide, drug abuse, disorderly conduct, and traffic offenses.  An experienced Wooster criminal defense attorney in Wayne County investigates defenses that can lead to acquittals and dismissal of charges. (more…)

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