In order for incriminating evidence to be admissible at trial, the police must provide a suspect with the Miranda warnings prior to obtaining any evidence. In 1966, the Supreme Court found that police officers need to do this in order to safeguard a person’s right not to self incriminate. The Right to Remain Silent – You [...]
We are officially into the holiday season, 2018. Many parties to attend from Thanksgiving to the New Year with friends, family and coworkers. If you aren't careful you might end up with a charge of driving under the influence as you drive home from one of the parties. OVI, OUI, DWI, SUI arrests are at their [...]
Scott Rubenstein offers experienced legal advice and representation in the following areas: DUI, Sex Crimes, White Collar Crimes, Drug Crimes, Violent Crimes, Federal Crimes, Domestic Violence, Juvenile Crimes, Theft Crimes, Property Crimes, BMV Suspensions, Hit & Run, Warrants, Probation Violations, and Sealing Records/Expungements and other criminal matters. If you or your family member is charged [...]
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. [...]
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? [...]
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 [...]
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 [...]
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 [...]
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 [...]
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. [...]