Apple and the FBI have gotten a lot of attention lately on the government’s power to search cell phones. Apple refused to unlock its phones and FBI figured out how to do it by themselves. Long before this battle ensued, the Ohio Supreme Court issued the following decision: Ohio cell phone search requires search warrant.
In 2016, the Ohio Supreme Court issued a ruling that declared that the police cannot search legally parked cars without a warrant. The arrest of an occupant of the vehicle does not, by itself, give the police authority to search legally parked vehicles.
There is no time limit on charging crimes when one flees to avoid prosecution. In State v. Bess
, the Ohio Supreme Court ruled that Ohio law tolls or stops the running of the statutes of limitations when the offender purposefully avoids prosecution. This applies to crimes that had not yet been charged or even discovered, as long as the offender purposefully avoids prosecution. In this case, Bess learned in 1989 that he was being investigated for raping a young girl. He fled to Georgia and assumed a false identity in order to avoid prosecution. He was indicted later that same year. He remained in Georgia until he was arrested in 2007 and returned to Ohio. During trial preparation, the prosecutor interviewed the girl’s brother and learned for the first time that he too was raped by Bess. A second indictment charged Bess with that rape. Bess was convicted. While there was no question that the State of Ohio could try Bess for rape of the girl, the real question was whether he could be charged and convicted of a crime eighteen years after he purposefully fled to avoid prosecution. The Ohio Supreme Court said that he could be charged and convicted in this manner because he purposefully fled the jurisdiction to avoid prosecution.
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.
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.