Coronavirus (COVID-19) and its Impact on Criminal Cases

In light of COVID-19 and its unprecedented impact on our entire way of living, I will briefly discuss several temporary changes pertaining to Criminal Cases in Southwest Ohio, with special emphasis on Montgomery and Warren Counties.

  1. JAILS ARE LESS LIKELY TO ACCEPT NEW INMATES INTO THEIR FACILITIES. To slow down the spread of this pandemic, jail populations have been reduced to minimize the risk to staff and inmates.  It appears that only the highest risk offenders (violent offenders, history of fleeing) are being booked into the jails.
  2. COURTS AND JAILS ARE WORKING TOGETHER TO RELEASE OR SHORTEN THE SENTENCES OF INMATES CURRENTLY IN JAIL.

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Tenth District Court of Appeals Upholds Trial Court’s Decision Invalidating OVI Arrest

On February 28, 2017, the Tenth District Court of Appeals issued a decision affirming the Franklin County Municipal Court’s ruling suppressing evidence and invalidating an OVI arrest, due to the lack of probable cause.

In the case of State v. Bracken, 2017-Ohio-721, the Tenth District issued a rather brief decision explaining its reasoning.  The relevant portions state as follows: [Read more…]

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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