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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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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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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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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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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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"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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"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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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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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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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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