Recent Posts in Crime & Punishment Category
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Posted on Apr 27, 2012 By Brad Koffel
There is an escalation of shake and bake cooks, mobile meth labs, and suburban operations. Current law enforcement investigative techniques require identifying a suspect, building probable cause, ...
Continue reading "Why We Need Parents to Turn in Their Meth Lab Kids" »
Posted on Mar 22, 2012 By Brad Koffel
When 95% of criminal cases are resolved in conference rooms, over the phone, and via email between prosecutors and defense lawyers, it is vital that the lawyer be competent and effective. For the ...
Continue reading "U.S. Supreme Court: Plea Bargains & Poor Lawyers" »
Posted on Feb 7, 2012 By Brad Koffel
DUI convictions and Canada If you have a DUI/OVI conviction and attempt to enter Canada you may be in for a rude awakening. Under Canadian law, a non-citizen cannot enter the country unless you have ...
Continue reading "DUI convictions and Canada" »
Posted on Dec 20, 2011 By Brad Koffel
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 ...
Continue reading "We Are a Nation of Criminals" »
Posted on Nov 30, 2011 By Brad Koffel
"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 ...
Continue reading "Is There Child Porn on Your Computer? Do You Know What You Are Downloading?" »
Posted on Nov 15, 2011 By Brad Koffel
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 ...
Continue reading "Franklin County Adult Probation Department" »
Posted on Nov 14, 2011 By Brad Koffel
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 ...
Continue reading "Reversal of Mandatory Sentencing" »
Posted on Nov 9, 2011 By Brad Koffel
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, ...
Continue reading "Pain Pills & Professionals" »
Posted on Nov 8, 2011 By Brad Koffel
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 ...
Continue reading "Sex on Campus: "Verbal Consent" Part 1" »
Posted on Sep 28, 2011 By Brad Koffel
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 ...
Continue reading "Death Penalty Needs Executed" »
Posted on Sep 24, 2011 By Brad Koffel
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 ...
Continue reading "Public Humiliation: Ohio's Yellow DUI License Plates" »
Posted on Sep 12, 2011 By Brad Koffel
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 ...
Continue reading "HB 86: New Jail Options for DUI / OVI Cases" »
Posted on Sep 11, 2011 By Brad Koffel
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 ...
Continue reading "9/11's Legacy to Criminal Defense Lawyers" »
Posted on Sep 10, 2011 By Brad Koffel
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 ...
Continue reading "HB 86: Intervention in Lieu of Conviction:" »
Posted on Sep 9, 2011 By Brad Koffel
Yesterday I had a client in my conference room discussing his 3rd DUI arrest in less than 5 years. Under Ohio law and the circumstances of his case, he's facing a mandatory minimum 60 day jail ...
Continue reading "SCRAM in lieu of jail" »
Posted on Sep 4, 2011 By Brad Koffel
Three days ago, an Ohio appeals court tossed the conviction of David White who had been indicted in a string of home invasions with a gun. (State v. White, 9-1-2011, Fairfield App. No. 2010-CA-60). ...
Continue reading "Police GPS Tracking Devices: Creepy & un-American" »
Posted on Sep 3, 2011 By Brad Koffel
America is starting its second journey into the oligopoly of private run prisons. Nobody seems to be aware of the lessons learned from 150 years ago when cash starved states sold the rights to operate ...
Continue reading "Private Prisons--Profiting on Crime" »
Posted on Jun 29, 2011 By Bradley P. Koffel
How do we solve the problem of overcrowding in our state prisons? House Bill 86 is designed to do just that. Also called the "Smart on Crime" bill and/or "Get out of Prison Sooner" ...
Continue reading ""Get out of Prison Sooner Bill" (House Bill 86)" »
Posted on Jun 23, 2011 By Bradley P. Koffel
Ohio law prohibits " sexual contact " with another when: The offender knows that the sexual contact is offensive to the other person . . .or is reckless in that regard. The offender knows ...
Continue reading "Sexual Imposition R.C. 2907.06" »
Posted on Jun 20, 2011 By Bradley P. Koffel
Common scenario -- heroin addict rolls into Walmart and rolls out w/ $200 worth of DVD's and games. Loss Prevention waits until he is past the point of purchase and orders him to stop. Addict ...
Continue reading "Shoplifting vs. Robbery" »
Posted on Jun 17, 2011 By Bradley P. Koffel
The Ohio Supreme Court in a unanimous decision on June 8, 2011 struck down the state's statutory rape law in a case involving two boys under the age of 13. The Ohio Supreme Court ruled that the ...
Continue reading "Statutory Rape Between Children Declared Unconstitutional" »
Posted on Apr 11, 2011 By Will Nesbitt
So you have been arrested, charged, ticketed, or indicted for a criminal offense. How long does the government have to pursue the criminal charge? Generally, the government has six years for a felony, ...
Continue reading "Statute of Limitations (SOL) for criminal offenses" »
Posted on Mar 2, 2011 By Brad Koffel
Ohio drug laws define "Bulk Amounts" in R.C. 2925.01. Specifically, subsection (D) "Bulk amount" of a controlled substance means any of the following: (1) For any compound, ...
Continue reading "What is "Bulk Amount" in Ohio Drug Cases?" »
Posted on Feb 27, 2011 By Brad Koffel
by Brad Koffel Today I read the written testimony of S.B. 10's sponsor, Senator Seitz, from February 15, 2011 before the Senate Judiciary Criminal Justice Committee. S.B. 10 contains numerous ...
Continue reading "Major Changes to Ohio Criminal Sentencing in 2011?" »
Posted on Feb 1, 2011 By Brad Koffel
Aggravated Vehicular Homicide (AVH) cases in Ohio come in two primary types -- deaths as the proximate result of DUI / OVI and deaths as the proximate result of Reckless Operation of a Vehicle. The ...
Continue reading "What is Prison Sentence is "Mandatory" in Aggravated Vehicular Homicide" »
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