> Prison | Daniel F. Gigiano Co., L.P.A.
CALL TODAY
(330) 336-3330

Posts tagged "prison"

Drug Trafficking

Drug Trafficking is a serious crime that can result in incarceration and other serious consequences.   Drug trafficking is knowingly selling or offering to sell a controlled substance. Drug trafficking is also committed by shipping, transporting, delivering, or preparing a controlled substance for shipment, transportation or delivery when the person has reason to believe the recipient intends to sell the controlled substance. One does not have to receive money for the drugs to be convicted of drug trafficking; a sale can be by barter, transfer or gift. This means sharing drugs with friends is trafficking. A controlled substance is a drug, compound, mixture or substance included in schedule I, II, III, IV or V of the Ohio Revised Code and the United States Attorney General’s Office. The schedules include many prescription drugs.   (more…)

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…)

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…)

Burbank Criminal Defense Attorney

A Burbank criminal defense attorney provides aggressive representation for individuals accused of crimes in Burbank, Ohio.  The Burbank criminal defense lawyer is available to represent people named as defendants in court for a wide variety of crimes, including rape, gross sexual imposition, drug trafficking, forgery, domestic violence, menacing, theft, driving under suspension, DUI, and traffic offenses.
(more…)

Smithville Criminal Defense Attorney

A Smithville criminal defense attorney in Wayne County defends individuals accused of committing a crime in Smithville, Ohio.  A criminal defense lawyer in Smithville provides defense for a variety of criminal cases, such as negligent homicide, felony OVI, drug trafficking, assault, disorderly conduct and traffic offenses.  An experienced Wayne County criminal defense attorney determines and pursues potential defenses, as well as errors in the police investigation that can lead to a dismissal of the charges.  Uncovering such defenses or errors can save the client from the severe consequences that can result from a criminal conviction, such as prison, jail, house arrest, fines and suspension of their driver’s license.  Errors in police investigation can be exposed by filing and pursuing a motion to suppress, which, if granted by the court, would prevent the State of Ohio from presenting evidence arising out of the police’s wrongful conduct.  If the evidence is vital to the State of Ohio’s case, this can result in dismissal of the charges. (more…)

Wooster Criminal Defense Attorney

A Wooster criminal defense attorney represents individuals alleged to have committed a crime in Wooster.  A Wayne County criminal defense lawyer in Wooster provides defense for a variety of criminal cases, such as employee theft, vandalism, criminal damaging, drug paraphernalia, disorderly conduct and traffic offenses.  An experienced Wayne County criminal defense attorney determines and pursues potential defenses, as well as errors in the police investigation that can lead to a dismissal of the charges.  Finding such defenses or errors can save the client from consequences such as prison, jail, house arrest, fines and suspension of their driver’s license.  Errors in police investigation can be exposed through a motion to suppress, which, if granted by the court, would prevent the State of Ohio from presenting evidence arising out of the police’s wrongful conduct.  If the evidence is crucial, this can result in dismissal of the charges. (more…)