Latest Publications


Evaluating The Terry Stop — Is Stop And Frisk Legal?

You are standing on a corner or walking along a street minding your own business. Does a police officer have the right to stop you or search you without a warrant? ...more

4/15/2014 - Racial Profiling Stop and Frisk

Supreme Court Ruling On Asset Forfeiture — Assumes Guilt Until Defendants Prove Their Innocence

Kerri and Brian Kaley were investigated for stealing medical devices and laundering money they earned from sale of the stolen property. The Kaleys arranged for an equity loan to pay for their defense counsel. ...more

4/14/2014 - Forfeiture Forfeiture Statutes Kaley v. United States Medical Devices Money Laundering SCOTUS

Supreme Court Decision — Warrantless Searches Okay If One Occupant Of Shared Residence Consents

The Fourth Amendment of the U.S. Constitution prohibits unreasonable searches and seizures. With some exceptions, law enforcement must obtain a warrant based on probable cause before conducting a search of private property or...more

4/8/2014 - Fourth Amendment Search & Seizure Warrantless Searches

Ohio’s Self-Defense Laws

At the end of last year, the Ohio House of Representatives passed a bill that affects concealed handgun licensure and stand your ground defenses. The Ohio Senate is currently considering the House Bill 203 provisions....more

4/7/2014 - Self-Defense

Pain Doctors Walk Tightrope Between Healer And Criminal Suspect

Pain management clinics perform a vital service for patients with chronic illnesses and acute injuries. Without pain medications, some patients would be unable to work or even handle everyday tasks. In some cases, untreated...more

4/1/2014 - Fraud Physicians

White Collar Criminal Investigations Cast A Wide Net

Co-workers of white collar crime suspects may also need legal representation - Even when people work together for years and form what they believe are close relationships, they can be totally unaware of the true nature...more

3/31/2014 - Investigations White Collar Crimes

Challenging Field Sobriety Tests

Prosecutors often rely heavily on a defendant’s poor results on field sobriety tests to prove impairment in a case involving operating a vehicle under the influence (OVI). The field sobriety tests are supposed to evaluate...more

3/25/2014 - Field Sobriety Tests

Fraudulent Tax Returns Completed By Tax Preparers Can Cause Legal Issues For Taxpayers

Taxpayers should choose preparers judiciously and know when to seek legal support for tax fraud defense - The federal tax code has become so massive that even the Internal Revenue Service (IRS) admits that its agents...more

3/24/2014 - Tax Fraud Tax Preparers Tax Returns

U.S. Patriot Act — Protection Against Attack Or Invasion Of Privacy?

In the aftermath of the 9/11 World Trade Center attack, Congress passed the Patriot Act. At the time, the Patriot Act was publicized as a necessary means of protecting a vulnerable nation. The fact that the law allowed the...more

3/18/2014 - Invasion of Privacy Patriot Act

Enhancements To The Ohio OMVI Habitual Offender Registry Ensure Greater Completeness And Accuracy

The long-term consequences of a drunk driving conviction make legal support more crucial than ever - In the interest of increased public safety, the state of Ohio took a bold step to discourage impaired driving. In...more

3/17/2014 - Distracted Driving DUI

Is Legal Medical Marijuana Coming To Ohio?

Polls show more Americans like the idea, but new criminal law challenges can arise with legalization - One supporting organization, Ohio Rights Group (ORG), is actively working to get the 385,000 valid voter signatures...more

3/11/2014 - Medical Marijuana

Do Juveniles Get Fair Treatment In The Ohio Juvenile Justice System?

Some court reforms encourage rehabilitation, but Miranda rights administration must be improved - The Ohio Juvenile Courts handle offenses ranging from mild mischief to more significant charges, such as robbery,...more

3/10/2014 - Juveniles

Federal Prosecutions Can Involve Local Investigations

Four agencies team up to indict five Ohio men on federal drug trafficking charges - January 30, 2014 marked the final federal indictment of five Ohio men who were allegedly involved in cocaine-related criminal...more

3/4/2014 - Criminal Prosecution Investigations

Minor Traffic Infractions Can Lead To Felony Charges

Recent Ohio tinted window traffic stops result in drug possession arrests - Even a minor equipment infraction such as a broken tail light can be enough for police to stop drivers in Ohio. On their own, these...more

3/3/2014 - Drug Possession Felonies

Are Pre-Crime Arrests Valid In Ohio?

Man arrested on drug charges with no drugs in sight - During a routine traffic stop for speeding in Northeast Ohio in November 2013, a driver was arrested when state troopers discovered a hidden compartment in his...more

2/26/2014 - Arrest

Statutes Of Limitations In Ohio Criminal Cases

In criminal cases, statutes of limitations restrict the time that the state can take to file charges against the alleged perpetrator. The length of that period depends on the crime. For the most serious crimes, there is no...more

2/25/2014 - Statute of Limitations

What If Toronto’s Mayor Served In Ohio?

These are interesting times in Toronto. Mayor Rob Ford has admitted to smoking crack and drinking himself into a stupor, has made sexual remarks and knocked over a female coworker. But little can be done because Ford has not...more

2/24/2014 - Illegal Drugs Public Officials

Ohio House Committee Approves New Gun Legislation

The Ohio House of Representatives has approved gun legislation that would recognize concealed-carry licenses issued in other states and create a “stand your ground” law. The bill is now awaiting a vote in the state Senate....more

2/20/2014 - Gun Laws

Penalties For Marijuana Possession In Ohio

Ohio is not among the states, such as Colorado and Washington, that have decriminalized marijuana possession. Nor is Ohio one of the 21 jurisdictions that have legalized medical marijuana. In Ohio, it’s still against the law...more

2/17/2014 - Drug Possession Marijuana

Search And Seizure In Schools

When the police a search a suspect who’s in custody, the law is fairly well established. But what happens if a student is searched on school grounds? The U.S. Supreme Court and the Ohio courts have wrestled with that question...more

2/13/2014 - Public Schools SCOTUS Search & Seizure

Warrant Required To Place GPS Tracking Device On Car

GPS technology can help you find your way home, but can police use it to track your car without a warrant? That’s the question the U.S. Supreme Court addressed earlier this year in United States v. Jones....more

2/10/2014 - Fourth Amendment SCOTUS Search Warrant US v. Jones Warrantless Tracking

Ohio Authorities Step Up Efforts Against Cybercrime

Ohio law enforcement has begun focusing on crimes involving technology because almost every criminal case these days “may involve a computer or a cellphone,” says Ohio Attorney General Mike DeWine....more

2/7/2014 - Cyber Attacks Cybersecurity

Domestic Violence Protection Orders

Ohio law provides for domestic violence protection orders under both criminal and civil law. Here are the differences between the two types of orders...more

1/27/2014 - Domestic Violence Personal Protection Orders

What Crimes Constitute Racketeering Activity?

If you are accused of being a member of an organization that has committed at least two crimes from a list of 35 within 10 years, you can be charged under the Racketeer Influenced and Corrupt Organizations (RICO) Act. If...more

1/24/2014 - Racketeering RICO

Cocaine Possession Law In Ohio

In Ohio, possession of cocaine is a felony, and a felony conviction can mean jail time, fines and loss of many privileges, including the rights to vote and own a firearm. Depending on the circumstances of your case and your...more

1/23/2014 - Drug Possession

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