Every Case is Defensible

There are many criminal defense strategies available after the facts and the circumstances of the case are reviewed, for a criminal defense attorney to use to win. Defendants are innocent until the prosecutor can prove guilt beyond a reasonable doubt. Mistaken Identity: A witnesses identification is not always correct. This happens more often than not. [...]

Criminal Records Expunged in Ohio

In Ohio, expungement is the same as sealing a record. It is a legal process provided under Section 2953 of the Ohio Revised Code that allows one to have any and all references to a prior criminal conviction cleared and their court file sealed. The result of this process is as if you were never convicted [...]

Don’t Drink and Drive

There must be a probable, valid cause for law enforcement to pull over a driver. Does the vehicle have expired tags? Did the driver run through a red light or not stop completely at a stop sign? Was the driver speeding or swerving? Does the car have an equipment violation like a burned-out tail light? [...]

Reasonable Suspicion Vs. Probable Cause

Law enforcement must follow the law when stopping or arresting drivers. There are two different legal standards that apply to OVI stops and arrests: Reasonable Suspicion and Probable Cause. Reasonable suspicion is acceptable suspicion that a crime has been, is being, or will be committed. It is a reasonable belief based on facts or circumstances and [...]

Labor Day OVI

Scott A. Rubenstein   It's Labor Day weekend and law enforcement is out in full force as the last of the"100 deadliest days for teens", the period between Memorial Day and Labor Day comes to an end. Be prepared, stay out of the driver's seat if you plan to even have one drink.  The [...]

OVI in Ohio

Don't drink and drive. If you go out and are drinking alcohol, get a designated driver in place or prepare to use Uber, Lyft or a taxi service. If you have never been convicted of an OVI, you can't imagine and understand the consequences of having an OVI conviction on your record. It can impact [...]

OVI Checkpoints in Ohio

In Ohio, checkpoints are determined by police where they will set up traffic cones and barricades to stop vehicles and check for suspected drunk drivers. These checkpoints must adhere to many guidelines. For instance, police will check every other vehicle, or every third vehicle, etc. The driver stopped will be checked by the officer for [...]

Missed Court Date

Missed your court date? Unfortunately, you can’t always “make it up”. When you have been ordered to appear in court and then fail to show up, you could be facing additional criminal charges. Ohio judges expect people to show up for their “appointments”, particularly if they were granted bail. Things come up. I understand that [...]

Social Host Liability Law in Ohio

College students are home from school for the summer and friends are gathering at family homes to hang out and catch up. Beware that if they are congregating at your home and have a drink, unbeknownst to you,  you could be held legally responsible should they leave your home and get into a car accident. [...]

Accepting a Plea Bargain or Not

The plea bargain is an agreement between a criminal defense attorney and the prosecution to resolve a criminal case and ends with a defendant pleading guilty or no contest in exchange for a reduced sentence or to a lesser charge.  A majority of criminal cases end in plea bargains but they aren't always the best [...]

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