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When Parents Have to "Send Their Kids Away"

I just finished 3 days of visiting therapeutic treatment centers in Utah with one of the country's leading educational consultants, Dr. Andy Erkis . We visited 2 Wilderness programs and 2 ...
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We Are a Nation of Criminals

We are a nation of criminals. We lock up more of our own citizens than any other country in the world except China. A recent study in Pediatrics reports that 1/3 of our kids will be arrested before ...
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Is There Child Porn on Your Computer? Do You Know What You Are Downloading?

"Mike" came to our offices after learning he was being investigated for possession of child pornography. Under Ohio law, this crime is called Pandering Obscenity Involving a Minor, a fourth ...
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Possession of Child Porn: Who Are These Guys?

If you were to poll 100 people on the street and ask them to describe a person who possesses child pornography, the majority will begin by saying "creepy old guys who drive non-descript white ...
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"I Can't Have a DUI" or "I Don't Want a DUI"

In our firm, there are 2 types of DUI clients. The "I Can't Have a DUI on My Record" and the "I Don't Want a DUI on My Record". Which are you and why do we ask this ...
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Franklin County Adult Probation Department

Community control on felony convictions is another phrase for probation. When a client is placed on a period of community control / probation, the period can be up to 5 years. Here is a list of what I ...
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Reversal of Mandatory Sentencing

The states have started rolling back their "Tough on Crime" laws now that the true costs of incarcerating non-violent offenders are undisputable. Now it is time for Congress to do the same ...
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Failure to Register as a Sex Offender

Sex Offender Registration Pitfall "Charlie" came into our offices on a Monday morning. He had just returned from a five-day cruise in the Gulf of Mexico. The trip took a total of nine days, ...
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Pain Pills & Professionals

One of the latest issues to hit the courts is the opiate addiction case. These types of cases are on the rise and no one is immune. We are seeing more highly educated professionals like doctors, ...
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Sex on Campus: "Verbal Consent" Part 1

What is "consent" between two college kids about to engage in sexual activity? Well, in criminal law, at least for now, "consent" may be manifested in any way that it actually ...
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Moms, Ambien, Xanax & Stress

15,473,00. That's how many women sought out prescription sleep drugs. Just last year. That's just the women, not the men. This number doesn't include women who were prescribed anti-anxiety ...
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Why Sexual Registration is Doomed for Failure

In case you haven't noticed, here is what is happening in the land of expanded sexual registration. What started out as a well-intentioned idea to track sexual predators in the 1990's is ...
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The Critical Wisdom of an Effective Lawyer

Only 6% of criminal prosecutions wind up leading to a trial. 94% of the cases are settled between the prosecution, defense, and judge. That process, plea negotiations, is where the experience, wisdom ...
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"Weeds", "Breaking Bad" and Reality

Today I resolved a case that is over 1 year old. My client and I are quite happy with the result. We drew a fantastic judge who sees the "big" picture that marijuana offenders do not need to ...
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Date Rape, Consent & Polygraphs

Teenage boys beware of the girls you choose to have sex with as it can turn around and become your worst nightmare. We handle many date rape type cases in our offices. Recently, we have seen many ...
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"Doctor Shopping" & Naive Detectives

I just finished representing a wonderful woman who was drug through the court system based upon the unethical and illegal conduct of her doctor. In Ohio, it is a felony to engage in "Deception to ...
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Death Penalty Needs Executed

The death penalty needs to die. Forever. No clemency for it. No resurrection like 35 years ago when the US Supreme Court reinstituted it. By the way, it was struck down in 1972 because it was not ...
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The Modern Family: Drugs, Alcohol & Poor Emotional Health

I just finished reading an excellent article by Columbus, Ohio Psychologist, David Lowenstein, Ph.D., titled "Creating a Strong, Supportive Family". As a father of 4 young children, this ...
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When the News Comes Knockin': Your Case is Going Public

Every year we represent people who commit crimes that are naturally newsworthy. Many times I read about the case in the morning paper and get a call later that day. We try to get those clients into ...
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H.B. 99: Texting Ban in Ohio is Coming

I am a proponent of a texting ban in Ohio. As a civil libertarian, I tend to be against laws that tell us how to live our daily lives; however, texting while driving is just one of those activities ...
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Public Humiliation: Ohio's Yellow DUI License Plates

Ohio was the first state in the country to require public shaming for a non-sex offense when it passed the law for yellow DUI plates. Public humiliation was common in the "mob justice" eras ...
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The Law of Defending a Breath Test at Trial in Columbus, Ohio

There is much confusion among defense lawyers, prosecutors and judges as to the laws regulating the evidence in the coutroom where a defendant wishes to try a breath test to a judge or jury. In 1984, ...
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HB 86: New Jail Options for DUI / OVI Cases

HB 86 also touches (albeit briefly) on the DUI / OVI code. Ohio's jails are chockful of non-violent offenders who can be punished without sitting in a jail cell. For the first time, Ohio is ...
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9/11's Legacy to Criminal Defense Lawyers

Nobody likes lawyers until they need one. This is especially true of criminal defense lawyers. I've seen the most suburban, conservative people turn into bleeding heart liberals the moment they ...
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HB 86: Intervention in Lieu of Conviction:

On September 30, 2011, HB 86 becomes law. In addition to many other major improvements to Ohio's criminal sentencing provisions, HB 86 expands the eligibility for this deferred prosecution ...
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