Recent Posts in Sentencing Issues 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 11, 2012 By Brad Koffel
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 ...
Continue reading "Felony Change of Plea Process (example)" »
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 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 Oct 31, 2011 By Brad Koffel
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 ...
Continue reading "The Critical Wisdom of an Effective Lawyer" »
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 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" »
Posted on Feb 1, 2011 By Brad Koffel
Our client, a 48 year old woman, was indicted for stealing over $150,000 from her employer over a 4 year period. Her family retained Brad Koffel to defend her. Prior to this, the client had never been ...
Continue reading "150K Embezzlement Client Sentenced to No Jail or Prison" »
Posted on Dec 10, 2010 By Brad Koffel
Last week (Dec. 2, 2010), the Franklin County Court of Appeals in Columbus, Ohio affirmed the conviction of Syrita Lindsey for vehicular assault arising out of a suspected DUI accident on April 18, ...
Continue reading ""Operation" and "Reckless" in Aggravated Vehicular Assault or Homicide Case" »
Posted on Dec 7, 2010 By Brad Koffel
For our clients struggling with the disease of addiction, we will intervene and introduce them to the best of the best treatment providers in the world. Depending upon a client's budget, we can ...
Continue reading "Treatment: The Role of the Defense Lawyer" »
Posted on Dec 7, 2010 By Brad Koffel
Over the past decade, our firm has seen an explosion in clients addicted to Vicodin who commit felonies in order to get more of this very addictive drug. Where does it start? How can it end? What do ...
Continue reading "Vicodin Addiction and Deception to Obtain in Ohio" »
Posted on Oct 30, 2010 By Brad Koffel
By Brad Koffel When we are hired by a person after a felony arrest, we will immediately interview them. Sometimes we will have them interviewed up to 3 different times by 3 different members of our ...
Continue reading "Cooperating with Detectives After an Arrest" »
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