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Cincinnati Ohio Criminal Defense Blog

Lack of advisement regarding your rights may affect your defense

Many aspects of a situation in which you have been charged with a crime could impact the outcomes of your case. Because of the different possibilities, you may want to refrain from feeling as if you have lost your case before it begins. No matter the allegations you face, you have the right to defend against criminal charges.

In addition to the right to defend yourself, you also have other rights when police place you under arrest. In fact, law enforcement officers have a duty to inform you of those rights prior to interrogating you, due to the outcomes of a U.S. Supreme Court decision in regard to the case Miranda V. Arizona. The result of this case is why the rights often read at the time of arrest are known as Miranda rights or a Miranda warning.

Should Ohio have a registry for all violent offenders?

Many people who have previous criminal convictions just want to move on with their lives. They believe that a person should not have to keep suffering the consequences of a mistake long after they complete court-ordered penalties.

According to some Ohio residents, a violent offender registry would unfairly prolong punishment. Supporters of a new state bill, however, believe that a registry would keep citizens safer and aid investigations. Senate Bill 67, known as Sierah’s law, is currently under review by Ohio lawmakers.

Is graffiti ever legal in Ohio?

Watch the trains rush along the tracks and you’ll see it: spray painted nicknames, symbols and profanity. However, graffiti has many forms and purposes. Essentially, it’s an art in protest and free expression.

Although no person is usually physically hurt in the process of tagging, the law holds that it harms their belongings. Graffiti can fall under several criminal categories including vandalism, criminal damaging, desecration and criminal mischief.

Ohio may soon redefine domestic violence

In all but two states across America, domestic violence includes abuse between people who are dating. Georgia is one of those two states – Ohio is the other.

However, a bill that could change this fact has passed in the Ohio House of Representatives and could become law if the governor approves.

Consent laws in Ohio: know the basics

In the age of “hookup culture,” consent has become a popular topic. Over the past few years, sexual education has started to include conversations about who can give legal consent. Consent has also been at the center of sexual assault cases.

Ohio laws address consent by defining sex crimes. The law does not specifically say what legal consent is, but rather it outlines what consent is not. Several factors influence whether or not a sexual encounter is consensual, such as age, violence, formal relationships and mental capacity.

Accused of domestic violence? Here is what you need to know

Ohio laws take a strong stand against domestic violence, and individuals convicted of this particular crime could face harsh, life-altering penalties. Even if you are facing false accusations of domestic violence, a strong criminal defense could be crucial as you work to protect your freedom and your personal reputation. 

Many people facing charges of domestic violence do not understand what that means. In order to build an effective defense, you may find it helpful to first start by seeking an understanding of the charges you are up against. There is a lot at stake, but a conviction is never your only option. You can start building your defense as soon as possible after an arrest.

Fraud a concern for IRS as tax season begins

Few, if any, Ohio residents enjoy paying taxes. The process can become complicated, you might not agree with how federal or state officials allocate funds and you probably want to lose as little money as possible. Despite the impression that taxes don’t always seem to benefit you as an individual, you know you could commit crime if you fail to file accurately.

This year, however, there may be an even higher likelihood of tax fraud. Several factors contribute to the chance that the total amount of lost revenue might be higher this spring than in previous years.

Ohio’s gun control laws and rights

In the wake of the recent school shooting tragedy in Florida, the nation has debated gun control laws. While some Ohio residents are concerned about the public’s safety, others are concerned about constitutional rights.

Ideally, the law should balance the risks of gun accessibility with the rewards of self-defense and sport. Like the rest of America at this moment, Ohio citizens may wonder about their own laws regarding guns.

What constitutes a hate crime?

Hate crimes are a unique category of criminal law. It’s often hard to draw the line between hate crime, hate speech, free expression and other types of crime. Knowing the difference can help Ohio residents understand their rights and how to use them.

The basis for a hate crime is discrimination based on race, gender, sexual orientation, religion, disability or other personal aspect. The law refers to this as a “hate” crime because the offender targets certain people who have an inherent quality that they despise.

How a court decides if you are competent to stand trial

In some criminal cases, the defendant has an underlying mental issue that affects their ability to navigate a complex legal process. These problems may range from dementia or amnesia to dissociative identity disorder. Even without a diagnosis, a court may call into question a person’s competency to stand trial.

This evaluation plays a key role in the justice system because it protects one’s legal rights. A mental disorder or disability could hurt their defense through self-incrimination or accidentally giving false information under oath.

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