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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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"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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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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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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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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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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Private Prisons--Profiting on Crime

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 ...
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A Right or a Crime: Recording Police Arrests

Let's say your son is a 19 year old sophomore in college. They are on their way back to their dorm with a few friends, all of whom have been drinking and all of whom are under 21. Campus police ...
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Trunk Searches & Odor of Marijuana

I just finished a case where my client was coming back from a festival in Michigan with two of her friends. My client was a backseat passenger and her friends were in the front of the vehicle. The ...
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"Get out of Prison Sooner Bill" (House Bill 86)

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" ...
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U.S. Supreme Court Declares Lab Reports Inadmissible Today

This morning the United States Supreme Court released a decision that levels the playing field for defendant's being prosecuted with lab evidence. The case, Bullcoming v. New Mexico , was issued ...
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Ohio State University and Arrests

by Brad Koffel We recently learned that OSU has a new self-disclosure of criminal convictions for employees. Here is the memo: From he Ohio State University Office of Human Resources information: ...
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K9 Drug Dogs: FL Supreme Court says "Not So Fast"

In an exhaustive 44 page decision released yesterday, the Florida Supreme Court tightened the screws on K9 cops and their 4 legged partners. The big issue revolves around the general reliability of a ...
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Statute of Limitations (SOL) for criminal offenses

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, ...
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1 Teen Dead from Apparent Overdose of Designer Drug

Early Thursday, a 19-year-old teenager died hours after officers responded to reports of an apparent drug overdose at a home in Blane, Minnesota, a Minneapolis suburb. According to authorities, 10 ...
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Major Changes to Ohio Criminal Sentencing in 2011?

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 ...
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