Recent Posts in Drug Crimes Category
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Posted on May 17, 2013 By The Koffel Law Firm
In 2010, a Cleveland Police Narcotics Detective received information that the defendant was receiving large amounts of narcotics in the Cleveland area from the Mexican Mafia. The detective's ...
Continue reading "Miranda Search Warrant, Motion to Suppress Granted" »
Posted on Apr 29, 2013 By Richard Mahan, Criminal Investigator, The Koffel Law Firm
During the Chinese Han Dynasty (206 BC-220 AD) trade routes, connecting Asia to Africa and Europe, were developed over land and sea. The purpose of these routes was to connect the three continents, ...
Continue reading "Silk Road: Then and Now" »
Posted on Apr 10, 2013 By The Koffel Law Firm
Research data now indicates that 11 percent of U.S. children have been diagnosed with attention deficit hyperactivity disorder, or "A.D.H.D." The Centers for Disease Control and Prevention ...
Continue reading "A.D.H.D. Diagnoses Rise in U.S." »
Posted on Apr 8, 2013 By The Koffel Law Firm
In felony prosecution where state unintentionally failed to disclose relevant evidence to defendant, trial court erred in declaring a mistrial since it should have inquired into the circumstances ...
Continue reading "Ohio S.Ct. & State Discovery Violations" »
Posted on Apr 5, 2013 By The Koffel Law Firm
In this case, a man was riding in a van. In total, there were five people in the vehicle when it was involved in an accident. All the occupants were taken to the hospital for a medical evaluation. The ...
Continue reading "Denial of Motion for Acquittal Erroneous in Drug Case" »
Posted on Mar 20, 2013 By The Koffel Law Firm
The Food and Drug Administration (FDA) has recently approved of a once-a-month injection that could potentially help wean drug-addicts off of narcotics such as heroin and other opiates. The injection ...
Continue reading "FDA Approves Injection to Fight Drug Addiction" »
Posted on Jan 10, 2013 By Brad Koffel
The K9 industry is skyrocketing in America. What used to be done by man is now being done by dog. Dog's that cannot testify. We are relying way too much on K9's at airports. They are giving us ...
Continue reading "K9 Searches - Part I" »
Posted on Jan 7, 2013 By Brad Koffel
Granting state's motion to amend indictment was not error where amendment was to correct typographical error regarding the degree of the offense; amendment did not change the name or identity of ...
Continue reading "Crim.R. 7(D): Amending Indictments in Ohio" »
Posted on Jan 1, 2013 By Brad Koffel
I've frequently wondered, who in the world would want to be an Ohio appellate judge. B O R I N G. For some reason, lawyers think that the best trial judges would make great appellate judges. Why ...
Continue reading "Ohio Courts of Appeals: 2012 - A Year in Review" »
Posted on Jan 1, 2013 By Brad Koffel
State v. Vaughn, 2d District (Montgomery County), 12/31/12. Yesterday, the Montgomery County Court of Appeals, 2nd District, affirmed a trial court's decision to grant a defendant's motion to ...
Continue reading "Finally . . . A Court Calls Bullsh*t on a Cop's Testimony" »
Posted on Dec 31, 2012 By Brad Koffel
State of Ohio vs. Brian Church (12/4/12) Franklin County Court of Appeals decision on Double Jeopardy Here's a common fact pattern in Franklin County. The defendant gets stopped for jaywalking and ...
Continue reading "Negotiated Plea Bar Subsequent Charges Out of Same Facts Per 10th Distrit" »
Posted on Dec 11, 2012 By Brad Koffel
State v. Church (12/4/12), Franklin County Court of Appeals concludes plea bargains are enforceable contracts. Brian Church is a very lucky man. He was arrested for marijuana possession and jaywalking ...
Continue reading "Misdemeanor Plea Bargains May Bar Felony Prosecution for Same Conduct" »
Posted on Dec 10, 2012 By Brad Koffel
The Ohio Supreme Court just ruled that an arrest warrant does not "cleanse" officers of unreasonable searches and seizures. In other words, if an officer triggers the 4th amendment ...
Continue reading "Arrest Warrant Does Not Waive All 4th Amendment Rights Says Ohio S.Ct." »
Posted on Dec 10, 2012 By Brad Koffel
Many clients get confused when they are indicted for multiple offenses but they only did one criminal act. In other words, the State can slice and dice a major crime into smaller, lesser crimes in an ...
Continue reading "A Primer on Merger of Convictions in Ohio" »
Posted on Dec 9, 2012 By Brad Koffel
Character evidence is not admissible against a defendant in a criminal trial if it is introduced to show that the defendant acted in conformity with it. However, if the prosecutor calls the same ...
Continue reading "Ohio Supreme Court Permits "Character" Evidence per Evid.R. 404(B)" »
Posted on Dec 7, 2012 By Brad Koffel
Corey Greene got in quite a bit of trouble in Tuscarawas County, Ohio in the summer of 2011. He was indicted on one count of aggravated possession of drugs (Oxycodone) and felony of the 2 nd degree. ...
Continue reading "When the State Wants to Introduce Prior Bad Acts at Trial" »
Posted on Nov 25, 2012 By Brad Koffel
A trial court cannot admit the results of a polygraph test into evidence simply at an accused's request. State v. Jamison, 49 Ohio St.3d 182, 190, 552 N.E.2d 180 (1990). Instead, polygraph test ...
Continue reading "What Happens if a Defendant Passes a Polygraph?" »
Posted on Nov 18, 2012 By Brad Koffel
I love "Cop Talk". For instance," A "Protective Sweep" is code for "Let's go look for drugs in this house." And, "Pat Down for Officer Safety" is code ...
Continue reading "Knock & Talk. . .Courtesy Drug Raid" »
Posted on Nov 2, 2012 By Brad Koffel
Most criminal defense lawyers have tried a case that was chock full of reasonable doubt resulting in a conviction. Baffled, the appeal gets lined up. First appellate issue is the infamous "The ...
Continue reading "Reversing a Conviction on "Manifest Weight of the Evidence" Challenge" »
Posted on Nov 1, 2012 By Brad Koffel
The Franklin County Court of Appeals ruled 2 days ago that a suspended prison term that is being imposed for violating community control can run consecutive to the violating offense in another county. ...
Continue reading "Consecutive Sentencing in Probation Violation Proceedings" »
Posted on Oct 31, 2012 By Brad Koffel
The Ohio expungement statute contains a bizarre twist. If a person is convicted of a non-expungeable offense but an expungeable offense is dismissed, the person cannot ever expunge or seal the record ...
Continue reading "Expungement of Dismissed Charges" »
Posted on Oct 30, 2012 By Brad Koffel
R.C. 2929.20: Judicial Release in Ohio Ohio opened up the flood gates last year for early release options to current Ohio inmates. HB 86 (2011) expanded judicial release (among other avenues) to have ...
Continue reading "Ohio Judicial Release Hearings after 9/30/11" »
Posted on Oct 24, 2012 By Brad Koffel
Judges in America have rules they must follow. Actually, not exactly rules but Canons. For 23 years, I've heard of "Judicial Canons" – 3 in law school and 20 as a lawyer. But, up ...
Continue reading "The Rules Judges Must Follow: Part 1" »
Posted on Oct 22, 2012 By Brad Koffel
Many clients focus on the level of felony or research how much time they could get on a count. However, many clients and lawyers fail to pay attention to the law of consecutive sentencing in Ohio. It ...
Continue reading "Consecutive Sentencing Requirements in Ohio" »
Posted on Oct 21, 2012 By Brad Koffel
I recently represented a 30-something year old man arrested for drug possession and drug trafficking. He was driving a semi truck and trailer containing about $3M worth of cocaine. Nobody else was ...
Continue reading "The Anatomy of a Multi-Million Dollar Drug Smuggling Case" »
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