Can my Juvenile Court OVI count as a Prior Conviction if I get charged with an OVI (DUI) as an Adult?

An OVI (DUI) offense is one of a number of criminal and traffic offenses in which a prior conviction of that same offense can result in being charged with a higher degree violation and/or being subjected to increased penalties.  When charged with an OVI offense under Section 4511.19 of the Ohio Revised Code.  For example, having prior convictions for OVI may “enhance” a subsequent OVI charge, resulting in a felony, rather than a misdemeanor charge.  Prior OVI convictions will also often result in more serious consequences, even if the degree of the offense is not increased.  The question I often receive is whether a prior OVI case in Juvenile Court can be used to enhance a subsequent OVI committed as an adult.

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What Types of Protection Orders can be Issued by Ohio Courts? (Part 7 – The Juvenile Criminal Protection Order (JCRPO))

Juvenile Criminal Protection Order (JCRPO) (R.C. 2151.34)

WHEN AVAILABLE:  The JCRPO may be issued pursuant to an ALLEGATION that a respondent under eighteen years of age engaged in a violation of Felonious Assault, Aggravated Assault, Assault, Aggravated Menacing, Menacing by Stalking, Menacing, Aggravated Trespass, or any sexually oriented offense, or engaged in a violation of any municipal ordinance that is substantially equivalent.

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What Types of Protection Orders can be Issued by Ohio Courts? (Part 6 – The Juvenile Domestic Violence Civil Protection Order (JDVCPO))

Juvenile Domestic Violence Civil Protection Order (JDVCPO) (R.C. 3113.31)

WHEN AVAILABLE:  The JDVCPO may be issued when a person less than 18 years of age has committed or attempted to commit an act of Domestic Violence, Menacing by Stalking, Aggravated Trespass, or a sexually oriented offense against a family or household member OR who has committed an act that would result in a family or household member being an abused child.

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What Types of Protection Orders can be Issued by Ohio Courts? (Part 5 – Consequences for Violating Protection Orders)

Violating a Protection Order (R.C. 2919.27)

Ohio Revised Code section 2919.27 is the criminal statute dealing with violations of protection orders.  According to the statute:

(A)    No person shall recklessly violate the terms of any of the following:

(1)        A protection order issued or consent agreement approved pursuant to section 2919.26 [DVTPO] or 3113.31 [CPO] of the Revised Code;

(2)        A protection order issued pursuant to section 2151.34 [Juvenile Criminal Protection Order], 2903.213 [CRPO], or 2903.214 [SSOOPO] of the Revised Code;

(3)        A protection order issued by a court of another state.

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What Types of Protection Orders can be Issued by Ohio Courts? (Part 4 – The Stalking and/or Sexually Oriented Offense Protection Order (SSOOPO))

Stalking and/or Sexually Oriented Offense Protection Order (SSOOPO) (R.C. 2903.214)

WHEN AVAILABLE:  The SSOOPO may be issued when a person has engaged in Menacing by Stalking or a sexually oriented offense against any other person (whether or not the victim is or was a family or household member).

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What Types of Protection Orders can be Issued by Ohio Courts? (Part 3 – The Criminal Protection Order (CRPO))

Criminal Protection Order (CRPO) (R.C. 2903.213)

WHEN AVAILABLE:  The CRPO may be filed when charges are filed for Felonious Assault, Aggravated Assault, Assault, Aggravated Menacing, Menacing by Stalking, Menacing, Aggravated Trespass, or any sexually oriented offense ONLY if the victim was NOT a family or household member at the time of the offense.

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What Types of Protection Orders can be Issued by Ohio Courts? (Part 2 – The Civil Protection Order (CPO))

Civil Protection Order (CPO) (R.C. 3113.31)

WHEN AVAILABLE:  The CPO may be filed when a person has committed or attempted to commit an act of Domestic Violence, Menacing by Stalking, Aggravated Trespass, or a sexually oriented offense against a family or household member or who has committed an act that would result in a family or household member being an abused child.  (No requirement that a criminal complaint is filed as a prerequisite.)

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What Types of Protection Orders can be Issued by Ohio Courts? (Part 1 – The Domestic Violence Temporary Protection Order (DVTPO))

In Ohio, there are six different types of protection orders that various courts may issue.  They consist of the following: (1) Domestic Violence Temporary Protection Order (DVTPO), (2) Civil Protection Order (CPO), (3) Criminal Protection Order, (4) Stalking and/or Sexually Oriented Offense Protection Order (SSOOPO), (5) Juvenile Domestic Violence Civil Protection Order, and (6) Juvenile Criminal Protection Order.  This series of blogposts will examine each type of protection order individually, as each protection order has a number of key features and limitations.  Part 5 of the series will address the consequences for an individual convicted of violating the terms of a protection order.

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What Types of Criminal Convictions Cannot Be Expunged?

Senate Bill 337, which went into effect on September 28, 2012, greatly expanded the eligibility of individuals eligible to file to get criminal convictions expunged.  While in the past, expungement was limited to “first time offenders” individuals with one felony case and one misdemeanor case, as well as those with two misdemeanor cases can now file, so long as more than three years has passed from the completion of their felony case and more than one year has passed from the completion of each misdemeanor case.  Nevertheless, not everyone who meets preceding requirements is eligible to have their conviction(s) expunged.  Certain offenses have been deemed by the Ohio General Assembly as being inappropriate for expungement.

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Shoplifting Gone Wrong – When 1 + 1 = 3

In Criminal Law, sometimes 1 + 1 = 3, or even worse.  Consider the following scenario:

Diane goes into a Walmart.  For whatever reason, Diane decides to steal several items from the store and put them in her purse. Diane then proceeds to walk towards the entrance of the store.  As Diane walks past the cash registers without paying for the items, a person wearing regular clothes approaches Diane and tells her to stop.  The person tells Diane that he is an asset protection officer with Walmart.  Because the asset protection officer (aka loss prevention officer or store security) is not a law enforcement officer, Diane does not believe that this person has the authority to make her stop.  Diane also does not want to be searched, as she knows any search will reveal the stolen items concealed in her purse.  Thus, Diane decides to ignore the orders of the asset protection officer and continue towards the store’s exit.  In an effort to prevent Diane from getting away with her shoplifting offense, the asset protection officer grabs Diane’s arm.  Diane panics.  She shoves the asset protection officer away and makes a run for it.  Diane is later apprehended.

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