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Why We Need Parents to Turn in Their Meth Lab Kids

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, ...
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U.S. Supreme Court: Plea Bargains & Poor Lawyers

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 ...
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Professional Athletes, Drug Tests and "Technicalities"

TECHNICALITY, SCHMECHNICALITY… JUST PROVE THE DAMN CASE! With the recent Ryan Braun vs. MLB decision sparking such debate, I couldn't help but see the parallels between Braun's ...
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Felony Change of Plea Process (example)

A change of plea in a felony case can be a tricky process for clients and lawyers. By law, judges must have a meaningful conversation with a defendant before the judge will accept the client's ...
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DUI convictions and Canada

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 ...
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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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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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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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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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"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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Emailing Your Lawyer from Your Work Computer: Bad Idea

We communicate frequently with clients via email. The majority of our clients use a work email address. The American Bar Association issued Formal Opinion 11-459 last month, "Duty to Protect ...
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SCRAM in lieu of jail

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 ...
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Police GPS Tracking Devices: Creepy & un-American

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). ...
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