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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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Is There Child Porn on Your Computer? Do You Know What You Are Downloading?

"Mike" came to our offices after learning he was being investigated for possession of child pornography. Under Ohio law, this crime is called Pandering Obscenity Involving a Minor, a fourth ...
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Possession of Child Porn: Who Are These Guys?

If you were to poll 100 people on the street and ask them to describe a person who possesses child pornography, the majority will begin by saying "creepy old guys who drive non-descript white ...
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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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Failure to Register as a Sex Offender

Sex Offender Registration Pitfall "Charlie" came into our offices on a Monday morning. He had just returned from a five-day cruise in the Gulf of Mexico. The trip took a total of nine days, ...
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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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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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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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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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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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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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"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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Sexual Imposition R.C. 2907.06

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 ...
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Statutory Rape Between Children Declared Unconstitutional

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 ...
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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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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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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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How Far Prosecutors Will Go to Get a Prison Term

Last week, the Franklin County Court of Appeals in Columbus, Ohio issued a decision that highlights how far some prosecutors will go to get a prison term on a person who needs mental health treatment. ...
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Treatment: The Role of the Defense Lawyer

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 ...
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Social Networking & Teens

by Brad Koffel A 2009 study based in San Francisco interviewed 1,000 teens and their parents about habits on social networking sites such as Facebook. The numbers exposed a "Not-My-Child" ...
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