Tips for Choosing a Criminal Defense Attorney Near Me

When you face criminal charges, you need the best lawyer you can get. The founders enshrined the right to an attorney in the Sixth Amendment to the Constitution because it is critical for defendants to have legal counsel. If you were arrested, you should have received a Miranda warning informing you of your right to an attorney. As part of that warning, the officer probably said, “If you cannot afford an attorney, one will be provided for you.” This means that you have three choices for representation when facing criminal charges: Defend yourself without the assistance of an attorney, Ask for a court-appointed attorney, or Hire a criminal defense lawyer. While you can’t guarantee a successful outcome with any of these choices, hiring a criminal defense lawyer usually gives you the best legal representation. Defending yourself is a risky move because you may not understand the complexities of criminal law. Accepting a public defender seems like a good option, but these attorneys are often burdened with excessive workloads.  Hiring an attorney can feel like a complicated challenge because there are so many lawyers out there. If you have the resources to hire a criminal defense lawyer, you may wonder, How do I choose a criminal defense attorney near me?  Four Tips for Choosing a Criminal Defense Lawyer Here, we’ll share four tips that should make your criminal defense lawyer search easier. Closer Isn’t Always Better You may be tempted to choose a lawyer close to your home. You want to know, Is there a criminal defense lawyer near me? This is certainly a convenient option, but a close lawyer isn’t always best. Be willing to drive a little to find experienced legal representation. Ask for References Do you know anyone else who faced criminal charges? Ask that person if they had a good attorney. If you know an attorney who practices a different area of law—like divorces or real estate—ask them for a criminal defense attorney recommendation.  Run an Attorney Search Online Find attorney reviews online on sites like Avvo, Facebook, or Google. Experienced attorneys may have hundreds of reviews posted online. Read through other clients’ feedback to feel more confident about your attorney choice. Consult Your Local or State Bar Association’s Attorney Directory The Ohio State Bar Association offers an attorney directory and even lets you sort results by specialty. Also, if you would like to understand more about the law surrounding your criminal charge, this site is full of legal information.  Were you recently charged with a crime? If you were recently charged with a crime text us the details Text Us on Mobile For a Free Case Analysis Questions to Ask Before Hiring a Lawyer Once you find a potential attorney, you’ll want to schedule a consultation. This meeting allows you to share your experience with the attorney and receive legal direction. The attorney can offer potential strategies, and you can ask questions. When you speak to an attorney, be sure to ask them these questions: How long have you been practicing? Do you offer free consultations? Have you handled cases like mine? How do your fees work? If you decide to hire the criminal defense lawyer, you’ll sign a contract so your attorney can start your defense. Choosing the Right Attorney Is Crucial When you face criminal charges, your freedom is on the line. You need to pay careful attention to each step you take after you’re charged. Every interaction you have with the police could put your defense at risk. An attorney can advise you on what to say and not say when speaking to the police. You need a criminal defense lawyer with the knowledge to present your best defense. An experienced attorney will use every legal strategy available to set you free. You’ll want to find a law firm with a successful record and plenty of passion for their work.  You’ll find all of these qualifications and more at Gounaris Abboud, LPA. Our Ohio criminal defense attorneys have a combined 50 years of legal experience. We offer confident, aggressive criminal defense as we attempt to get your charges reduced or dismissed. Get an Opinion on Your Case Today Stop worrying about how to defend yourself against criminal charges, and take action. Schedule a consultation with the experienced attorneys at Gounaris Abboud, LPA. We’ll review your case, answer your questions, and get started on your best defense. Call our knowledgeable law firm today at 937-222-1515 or contact us online to schedule a free consultation. 

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Understanding Vehicular Assault in Ohio

Automobiles make getting around much easier than in the dusty days of the horse and buggy. However, cars can also be dangerous. The average car weighs about 3,000 pounds and can travel at speeds over 100 miles per hour. You may face criminal charges if you harm someone with your car. Vehicular assault charges could lead to potentially serious penalties and lasting consequences.  Have you been charged with vehicular assault? If so, you need a knowledgeable Ohio attorney to fight for your freedom. At Gounaris Abboud, LPA, our skilled attorneys defend clients against vehicular assault charges. Here, we’ll share more information on vehicular assault in Ohio. What Is Vehicular Assault? Vehicular assault involves seriously harming someone while recklessly driving a vehicle. In Ohio, vehicular assault is a felony offense that carries harsh penalties. Factors such as harming someone with a vehicle while intoxicated heighten the charge to aggravated vehicular assault. What Are the Charges for Vehicular Assault? Ohio vehicular assault charges come in two forms: vehicular assault and aggravated vehicular assault.  Vehicular Assault in Ohio You may face vehicular assault charges if you:  Seriously harm someone while recklessly operating a vehicle, or Seriously harm someone while speeding in a construction zone. Reckless operation of a vehicle means that you intentionally drove in a way that you knew posed a danger to others. Examples of reckless driving might include excessive speeding or swerving in and out of traffic. If you are convicted of vehicular assault in Ohio, you face up to 18 months in prison and a $5,000 fine. If this is a repeat offense, vehicular assault comes with a mandatory prison sentence. Aggravated Vehicular Assault in Ohio You may face aggravated vehicular assault charges if you: Seriously harm someone with a vehicle while driving under the influence, or Unsafely operate an aircraft and cause serious harm. Aggravated vehicular assault sentencing can increase penalties significantly. An aggravated vehicular assault conviction includes a prison sentence of one to five years and a license suspension of up to ten years. Penalties increase for repeat offenders.  What Are the Defenses to Vehicular Assault in Ohio? As a criminal defendant, you don’t have to prove anything. The prosecutor has the burden of proof and must prove each element of vehicular assault beyond a reasonable doubt. If you are accused of vehicular assault or aggravated vehicular assault in Ohio, you need a skilled attorney to negotiate for a lesser charge. Your attorney’s job is to cast doubt on at least one element of the prosecutor’s case.  Here are some common defenses we use in vehicular assault cases: You weren’t the person who was driving, You weren’t driving recklessly, There weren’t signs indicating a construction zone, You didn’t cause the accident, No one was seriously harmed by your vehicle, or Your breathalyzer or blood tests were inaccurate. When you meet with our Ohio vehicular assault attorneys, we will review your accident experience and formulate your best defense.  How Our Lawyers Can Help You may feel stress and anxiety when you face vehicular assault charges. These worries are understandable because your freedom is on the line. Since vehicular assault is a serious charge, you should hire an experienced vehicular assault attorney.  At Gounaris Abboud, LPA, our vehicular assault defense attorneys have a combined 50 years of legal experience. We offer dedicated, compassionate legal services, working to get your charges reduced or dismissed. Contact us online or call us today at 937-222-1515 to schedule a free consultation with our knowledgeable attorneys.

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sexual imposition ohio

The crime of sexual imposition, as defined by Ohio state law, can occur in a variety of scenarios. Some examples of acts that could fall under the definition of this offense include drugging someone’s drink to eliminate their ability to resist sexual contact or initiating sexual contact while someone is under the influence of surgical anesthesia. Although this crime typically carries misdemeanor charges, gross sexual imposition is a felony in most cases. Either way, a conviction can have a significantly negative effect on your life. You face prison time, fines, and the requirement to register as a sex offender. Fortunately, the law typically requires evidence beyond a victim’s accusation to get a conviction. If you are facing charges for this offense, contact an Ohio sex crimes lawyer as soon as possible for help. What Is Sexual Imposition in Ohio? The crimes of sexual imposition and gross sexual imposition, as defined by Ohio law, can be confusing and difficult to understand. The basis of either charge is sexual contact, which the statute defines as, “any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.” Additionally, for either charge, the State must show that Sexual contact occurred with someone who is not the offender’s spouse; The offender caused someone else (non-spouse) to have sexual contact with the offender; or The offender caused two or more other people to have sexual contact. Whether the person is charged with sexual imposition or gross sexual imposition depends on the extent of the contact and the egregiousness of the conduct. Sexual Imposition A person can be charged with sexual imposition in the following scenarios:: The offender knows that the sexual contact is offensive to the other person; The offender knows that the other person’s judgment or ability is significantly impaired; The offender knows that the other person is unaware that sexual contact is occurring; The other person is 13 to 15 years old, whether or not the offender knows the age of the person, and the offender is at least age 18 and four or more years older than the victim; or The offender is a mental health professional, the other person is a mental health client or patient of the offender, and the offender induces the other person to submit by falsely representing that the sexual contact is necessary for mental health treatment purposes. A first offense of sexual imposition is a third-degree misdemeanor. Subsequent offenses are first-degree misdemeanors. Gross Sexual Imposition The crime of gross sexual imposition, occurs in the following scenarios: The offender purposely compels the other person to submit by force or threat of force; The offender impairs the other person with drugs, controlled substances, or intoxicants using deception, threat, force, or deception; The offender knows that the other person is impaired by intoxicants, including those used for medical or dental treatment; The other person is less than 13 year old; or The other person has a mental or physical impairment or cannot resist due to advanced age. An offender may also face a gross sexual imposition charge for knowingly touching the genitalia of anyone less than 12 years old “with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.” What Are the Penalties for Ohio Sexual Imposition? One of the most common questions we hear from our clients is, Is sexual imposition a felony in Ohio? In most cases, sexual imposition carries a misdemeanor charge. However, gross sexual imposition is automatically either a third- or fourth-degree felony. Depending on the nature of the charges, a conviction may carry mandatory prison time. Even if you aren’t sentenced to time behind bars, you face an equivalent term of supervised probation. You could face a third-degree felony charge if: The accuser was under age 13 when sexual contact occurred, or The offender used an intoxicant to prevent the accuser from resisting sexual contact. Upon conviction for a third-degree felony, you could face from one to five years in prison. A fourth-degree felony conviction qualifies for a potential of six to 18 months behind bars or on probation. Depending on the nature of the charges, you could also face a monetary fine of up to $10,000. What Does It Mean If I Am Charged with Sexual Imposition? In addition to fines and potential prison time, you must register as a sex offender. The duration of registration requirements ranges from 10 years to life, with periodic in-person verification requirements. You will also have a permanent criminal record.   A sex crimes conviction could cost you your reputation, your job, your apartment, and the custody of your children. The prosecutor might offer you a plea agreement and waive jail or prison time in exchange for your guilty plea. Even if you don’t have to spend time behind bars, however, the significant implications of sex offender registry and a permanent sex crime record could haunt you for the rest of your life. A criminal defense attorney can evaluate the details of your case and explain your options. We Stand Ready to Defend You Against Sexual Imposition Charges The criminal defense attorneys of Gounaris Abboud, LPA, understand that bad things can happen to good people. We will help you evaluate all potential defense strategy options. Before you make any decisions that could affect your future, talk to one of our experienced Ohio criminal defense lawyers. Call us at 937-222-1515 now to schedule a free case evaluation or contact us online for help.

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felony 5 drug possession in ohio likely outcome

Ohio’s drug possession laws are some of the harshest in the country. Even the lowest category of felony possession carries up to a year behind bars. If you face felony 5 drug possession in Ohio, the likely outcome could be grim. In fact, a conviction can send you to jail or prison and cost you thousands of dollars in fines, fees, and court costs. Understanding your options will help you make the best choice for your future. The Ohio criminal defense lawyers from Gounaris Abboud, LPA, understand what you’re going through, and we are here to help. How Does Ohio Classify Possession of CDS? In Ohio, charges for possession of a controlled dangerous substance (CDS) are based on the type of substance and the amount you had in your possession. Ohio classifies different substances into schedules, depending on the comparative danger of the drug based on its propensity for addiction and abuse. Schedule I drugs pose the highest level of risk. These are substances that have no identified medical use yet pose the highest risk for abuse, such as ecstasy, LSD, and heroin. Schedule II drugs, although slightly less dangerous, also pose a high risk for addiction and abuse, including cocaine, methamphetamine, oxycodone, and fentanyl. Schedule III drugs pose a lower risk for addiction, including ketamine, anabolic steroids, and medications containing less than 90 milligrams of codeine per dose. Schedule IV drugs pose an even lower risk for addiction, including benzodiazepines (e.g., Xanax), valium, Ambien, and Ativan. Schedule V drugs pose the lowest risk for abuse. This category contains medications used by prescription for coughs, pain, and gastric conditions, including Lyrica, codeine cough syrups, Lomotil, and Parapectolin. The level of charges you face will depend on the type and quantity of CDS you possess. You may face more serious charges if you have prior possession convictions or if any aggravating circumstances apply in your case. Some of the most common Felony 5 possession offenses include: Cocaine (less than 5 grams), Heroin (less than 1 gram), and LSD (less than 10 doses). Many other types of drug offenses fall under the Felony 5 category. If you aren’t sure what 5th degree felony drug possession in Ohio might mean for you, a drug possession attorney can help you understand the potential penalties you face. Penalties and Sentencing for Fifth-Degree Possession Charges in Ohio Upon conviction for Felony 5 drug possession in Ohio, you face penalties that include: Six to 12 months in prison, Up to a $2,500 monetary fine, and Up to five years community control (probation). You also face the potential for driver license suspension as well as the possibility of having a permanent criminal record. You could lose your right to hold professional licensure along with other key civil rights such as the right to vote or possess a firearm. Were you recently charged with a crime? If you were recently charged with a crime text us the details Text Us on Mobile For Free Case Analysis How Can an Ohio Criminal Defense Attorney Help You? If you were arrested or charged with fifth-degree felony drug possession in Ohio, you must act quickly to protect your rights. Before you answer questions or provide any statements to the police or prosecutor, contact a drug possession lawyer to explore your options. Although you might feel you have no options, you might be surprised by what an experienced defense attorney can do for you. When you trust the drug crimes lawyers of Gounaris Abboud, LPA, we will review the evidence and investigate your case to identify any potential weaknesses. We use this information to negotiate with the prosecutor for a reduction or dismissal of your charges. We tailor our legal defense strategies to the details of your case and fight hard to protect your rights and your future. Contact us today to talk with one of our Ohio criminal defense lawyers. Call us at 937-222-1515 to learn more or contact us now to learn more about the most likely outcome if you’re facing Felony 5 drug possession charges.

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child endangerment ohio

Any criminal charge involving children will often result in high stress and amplified emotion. A charge of child endangerment is no exception.  Child endangerment is an extremely serious charge in Ohio, and penalties can be severe. Thus, in most cases, it is absolutely necessary to work with an experienced criminal defense attorney who can help defend you against one of the most difficult charges you can face.  If you are facing a child endangerment charge in or near Dayton, OH, consider consulting with an attorney today to discuss your case and determine how best to move forward. Ohio Child Endangerment Laws: An Overview Ohio defines child endangerment in Ohio Revised Code § 2929.22. Under this statute, it is a violation to “create a substantial risk to the health or safety of the child, by violating a duty of care, protection, or support.” Additionally, a “child,” for purposes of Ohio child endangerment laws, includes anyone under the age of 18, or a mentally or physically handicapped person who is under the age of 21.  This definition of child endangerment is broad. However, the Ohio Revised Code does provide some additional definition. Specifically, the following will constitute child endangerment in Ohio:  Abuse of the child;  Torture or cruel abuse of the child;  Prolonged corporal punishment or other physical disciplinary measures that are “excessive under the circumstances”; Repeated disciplinary measures that, if continued, would seriously impair the child’s mental health or development; and Enticing, coercing, or permitting a child to participate in any act that is obscene or sexual in nature.  While this list is not exclusive, it is important to understand the types of activities that may constitute child endangerment in Ohio.  It is also important to note that under this section, parents are not the only parties that can be found guilty of child endangerment. Under Ohio law, any of the following can be charged with child endangerment:  Parents,  Guardians,  Custodians,  Persons having custody or control of a child, or  Persons in loco parentis of a child.  For clarity, “in loco parentis” means any adult who is the caretaker of a child. This includes relatives, foster parents, or stepparents who have the rights, duties, and responsibilities of a parent.  Penalties for Child Endangerment in Ohio Placing a child’s life at risk is a serious offense. Thus, the penalties for child endangerment charges in Ohio are severe.  A first offense for child endangerment will result in a first-degree misdemeanor. Consequences for such a conviction include up to 6 months in jail and a fine of up to $1,000. However, if this is not your first conviction, the penalties can be even more severe. Depending on whether you have prior offenses and whether the child sustained severe injuries, a conviction for child endangerment can be elevated as high as a second-degree felony. Under Ohio law, a felony of the second degree can result in up to 8 years in prison and a fine of up to $15,000.  Contact a Criminal Defense Attorney Today A charge for child endangerment has the potential to impact your rights as a caretaker for a child. Additionally, a charge can impact your reputation and lead to harsh criminal penalties. We understand how difficult it can feel to face a charge of child endangerment in Ohio. However, know that you are not alone.  At Gounaris Abboud, LPA, we are prepared to help you through this difficult time and will strive to provide you with the best defense the law can provide. Our team of criminal defense lawyers has over 50 years of collective experience providing high-quality legal counsel to clients in need. Contact us online or by phone at 937-222-1515 for a free consultation to see how we can help you.

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ohio stalking laws

Menacing by stalking in Ohio can be a serious charge that can change your life. If the State charges you under Ohio stalking laws, you may not know what to do.  However, know that there are ways to defend yourself against such a charge. Contact an experienced Ohio criminal defense attorney today to discuss your case and see what steps you can take.  Overview of Ohio Stalking Laws Under Ohio Revised Code § 2903.211, no person may knowingly take any action that would cause another person to believe that the offender will cause physical harm or emotional distress to that person or a member of their family. This will constitute “menacing by stalking” under Ohio law.  Take note, however, that the act of menacing by stalking extends beyond physical action or in-person communications. In fact, written and electronic communications used to cause another person to believe they are in danger of physical harm or emotional distress may also constitute stalking.  Penalties for Menacing by Stalking in Ohio In general, a violation of Ohio menacing by stalking law will result in a first-degree misdemeanor. This can result in jail time of up to 180 days and a fine of up to $1,000. However, this penalty can be increased in certain situations.  For example, penalties will be enhanced if any of the following applies:  The accused has a prior conviction for menacing by stalking; The accused made a threat of physical harm to or against the victim; In committing the act of menacing by stalking, the accused trespassed on property where the victim lives, works, or attends school;  The victim is a minor; or The accused has a history of violence toward the victim.  In any of these situations, a violation will result in a fourth-degree felony charge. Further, a felony in the fourth degree in Ohio is punishable by up to 18 months in prison and up to $5,000 in fines.  A felony can be damaging to your rights and reputation moving forward. In fact, a felony conviction can impact your credit or result in loss of the right to vote or hold office. A felony conviction can even result in the revocation of certain professional licenses. Thus, it is imperative that you contact an attorney who can advocate and fight on your behalf. An experienced attorney can work with you to reduce and defend against your charges or have them expunged.  Contact Our Team Today If you are facing a criminal charge in or near Dayton, Ohio, for menacing by stalking, act now. Contact our team today to discuss your rights and defenses under the law.  The criminal defense attorneys at Gounaris Abboud, LPA, have over 50 years of collective experience providing high-quality legal counsel to our clients. We are ready and willing to take on even the most challenging legal cases in Dayton and throughout Ohio. Contact us online or by phone at 937-222-1515 for a consultation and see what we can do for you.

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ohio gun laws for felons

The Second Amendment to the United States Constitution grants people the right to bear arms. However, this right is not absolute.  The State of Ohio reduces this Second Amendment right for convicted felons. If you are a convicted felon, it is imperative to know how Ohio gun laws for felons might impact you. Failure to strictly follow Ohio felon gun laws can lead to severe penalties. Thus, it is crucial that you reach out to an experienced criminal law attorney to discuss your rights under the law.  Understanding Ohio Gun Laws for Felons A convicted felon in Ohio who is caught with a gun can face potential fines and even jail time. Further, this can be the case even if the gun is not necessarily working or on your body. Accordingly, it is extremely important to understand the law in this area. Failure to understand the law can lead to additional charges, making matters worse.  Ohio Felon Gun Laws: An Overview Under Ohio Revised Code § 2923.13, a person may not “knowingly acquire, have, carry, or use any firearm or dangerous ordnance,” if the person is:  A fugitive; Under indictment or convicted of any felony of violence; Under indictment or convicted of illegal possession, use, or sale of drugs;  Drug dependent, in danger of drug dependence, or a chronic alcoholic; or Deemed mentally incompetent.  Thus, even if you are not a convicted felon, these laws may still apply to you.  For the purposes of this section, Ohio law defines a “firearm” as “any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant.” Notably, a firearm will also include an unloaded firearm or one that is inoperable but that can “readily be rendered operable.”  Additionally, a “dangerous ordnance” includes:  Automatic or sawed-off firearms, Zip-guns, Ballistic knives,  Any explosive or incendiary devices,  Firearm mufflers or suppressors, and  Any firearm, ammunition, rocket launcher, mortar, artillery piece, or similar weapon designed and manufactured for military purposes.  As you can see, many objects can lead to a violation of Ohio felon gun laws. If you have been charged with possession of a firearm by a convicted felon in Ohio, contact an experienced attorney today to discuss your rights and remedies under the law.  Penalties for Violating Ohio Gun Laws for Felons Violating Ohio Revised Code § 2923.12 will result in a third-degree felony charge. A conviction on such a charge can result in a prison term of up to 36 months. In addition to prison time, a violation of Ohio gun laws for felons can result in fines of up to $10,000.  Convicted felons can face grave consequences if they are charged with possession of a firearm. However, this does not mean that there is nothing you can do. Depending on your situation, you may have valid defenses that can potentially lead to a reduction or dismissal of your charge.   Contact Our Team Today If you have been convicted of a felony in Ohio and are now being charged with possession of a firearm, we want to help. At Gounaris Abboud, LPA, we have extensive experience providing high-quality legal counsel to clients in need.  With more than 50 collective years in practice, we know what it takes to successfully defend criminal defendants in the most difficult times of their lives. Contact us today online or by phone at 937-222-1515 to see how we can help you. 

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ohio trespass law

Criminal trespass in Ohio can be a serious charge. If you are dealing with a criminal trespass violation in Ohio, you may not know what to do next.  Ohio trespass law imposes severe penalties for trespass convictions. Thus, it is crucial to have an experienced Ohio criminal defense attorney to help you with your case.  Overview of Ohio Trespass Law Before discussing penalties, it is important to have a basic understanding of what constitutes criminal trespass in Ohio. Under Ohio law, a person will be guilty of criminal trespass if he or she does any of the following: Knowingly enters or remains on the land or premises of another;  Knowingly enters or remains on the land or premises of another that has restrictions on access;  Recklessly enters or remains on the land or premises of another where notice exists that access is unauthorized; or Negligently fails or refuses to leave the premises after the owner of the land provides notice to leave.  “Land or premises” includes any land, building, structure, or place that belongs to someone else. Thus, a trespass can occur in a broad variety of locations. However, it is important to note that it is not a defense to a charge of criminal trespass that the land is owned or controlled by a public agency.  In some situations, a trespass may rise to the level of aggravated trespass. Ohio law defines aggravated trespass as entering or remaining on the land or premises of another with the purpose to commit a misdemeanor while on the premises. For the purposes of this statute, a misdemeanor involves “causing physical harm to another person or causing another person to believe that the offender will cause physical harm to him.” What Are Penalties for Criminal Trespass in Ohio?  A conviction for criminal trespass will also come with penalties. General criminal trespass is a fourth-degree misdemeanor. This can result in up to 30 days in jail and a fine of up to $250. If, however, a criminal trespass occurs while using a snowmobile, off-highway motorcycle, or all-purpose vehicle, the fine will be doubled.  Further, a prior conviction for criminal trespass involving the use of a snowmobile, off-highway motorcycle, or all-purpose vehicle may lead the court to impose additional penalties. In this situation, a court may impound the vehicle’s certificate of registration or license plate for up to 60 days.  Penalties for aggravated trespass can be even more severe. Violation of Ohio aggravated trespass law is a first-degree misdemeanor. Such a violation can result in up to 180 days in jail and a fine of up to $1,000.  Contact an Ohio Trespass Law Attorney Today A criminal trespass charge can impact your life in many ways. However, if you do not understand the law, you may not know how to best handle your charge moving forward. Fortunately, you do not have to go through this on your own. At Gounaris Abboud, LPA, we have more than 50 years of collective experience providing high-quality legal representation to our clients. We are committed to fighting for your rights and giving you the best defense possible. Contact us online or give us a call at 927-222-1515 today to see what we can do to help get you through this difficult time.

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  • March 26, 2020
  • OVI

Your Driving Under Suspension in Ohio Questions Answered In Ohio, OVI means operating a vehicle impaired. It falls under the same umbrella of charges as a DUI (driving under the influence) but applies to both motorized and non-motorized vehicles. In Ohio, you commit driving under OVI suspension when you operate a vehicle with a driver license that was suspended because of an OVI charge. The crime of driving under OVI suspension is generally a first-degree misdemeanor. Its penalties vary depending on the number of OVI suspension offenses you’ve had. If you have been arrested for driving under OVI suspension in Ohio, you should contact an OVI defense attorney today. What Is the Penalty for Driving with a Suspended License in Ohio? In Ohio, driving under suspension is typically a first-degree misdemeanor offense that carries up to six months in jail. You also face up to $1,000 in fines. The court may also: Impound your license plates, Immobilize your vehicle, or Order you to perform community service. If you are convicted a third time for DUS, you face criminal forfeiture of your vehicle. Finally, you will face an extension of your license suspension of up to one year. When you do get your license back, you must pay reinstatement and service fees. You may also have to take a driving course and a written test to get your license back. Repeat DUS offenses could subject you to having your driver license revoked permanently. DRIVING UNDER OVI SUSPENSION OHIO FAQ What Happens After Each Offense? The penalties for driving under OVI suspension become more severe with the more offenses you have. DRIVING UNDER OVI SUSPENSION OHIO FAQ First Offense Your first arrest for driving under OVI suspension is a first-degree misdemeanor. It carries a mandatory jail term of three consecutive days or 30 consecutive days of house arrest. It also carries a $250 to $1,000 fine and up to a one-year suspension of your license. Furthermore, if the vehicle you were operating is registered in your name, the State will impound both the vehicle and your license plates for up to 30 days. DRIVING UNDER OVI SUSPENSION OHIO FAQ Second Offense Your second arrest for driving under OVI suspension within six years of your first offense is still a first-degree misdemeanor. It carries a jail term of at least 10 consecutive days to one year or house monitoring of at least 90 days to one year. It also carries a $500 to $2,500 fine and up to a one-year suspension of your license. Additionally, the State will impound both the vehicle and your license plates for up to 60 days if the vehicle is registered in your name. DRIVING UNDER OVI SUSPENSION OHIO FAQ Third Offense Your third offense of driving under OVI suspension within six years of your first offense is an unclassified misdemeanor. It carries a jail term of at least 30 consecutive days to one year. It also carries a $500 to $2,500 fine and a license suspension of up to one year. Unlike your first or second offense, you lose the vehicle you were operating to the State if it is registered in your name. An Ohio OVI attorney can help you understand how these penalties might apply to your case. DRIVING UNDER OVI SUSPENSION OHIO FAQ What Are the Possible Reasons for Driver License Suspension in Ohio? You can lose your driver license in Ohio for reasons that include: OVI/DUI conviction, Reckless operation of a vehicle, Lack of registration or insurance, Default on your child support, and Excessive traffic violations. If you fail to appear for a court date or default on a judgment, the court also has the option of suspending your license. One of the most common reasons for license suspension is getting arrested for DUI or OVI. When the police arrest you on DUI charges, your license is automatically suspended. You can appeal the suspension through the Ohio Bureau of Motor Vehicles (BMV). However, you have only five days to formally request an administrative hearing to appeal. Note that these charges can potentially be reduced or eliminated with the help of a DUI defense lawyer. DRIVING UNDER OVI SUSPENSION OHIO FAQ How Can an OVI Defense Lawyer Help You? Driving with a suspended license in Ohio puts you at risk for a variety of harsh penalties. Repeat offenses place you at an even greater risk for jail time and fines. For these reasons, talking to a criminal defense lawyer about your options is critical. Because Ohio DUS penalties can be so harsh, your attorney may recommend appealing your suspension if possible. The process for appeal can be daunting, and unless you understand how this process works, you may lose your appeal. Having an attorney to represent you at your BMV hearing will give you the best chance of success. A lawyer can help you defend against a charge of driving under OVI suspension. Common defenses a lawyer can raise arise from your rights under the United States Constitution. DRIVING UNDER OVI SUSPENSION OHIO FAQ Possible Defenses to Your Arrest After Driving Under Suspension in Ohio Constitutionality of the Traffic Stop A lawyer can challenge the constitutionality of your traffic stop when defending against your OVI suspension charge. Under the Fourth Amendment, police need reasonable suspicion to pull you over. Reasonable suspicion means that specific articulable facts support an inference that you committed a crime. Most of the time, an officer observing any traffic infraction supports reasonable suspicion. Sometimes, facts surrounding the stop may not support a finding of reasonable suspicion. Talk to an OVI defense lawyer today to find out if you can challenge evidence supporting your charge under the Fourth Amendment. Coerced Statements You have the right not to make self-incriminating statements under the Fifth Amendment. Sometimes, after an arrest, a police officer may coerce you into making statements before advising you of your constitutional right to remain silent. If a police officer manipulated you into making incriminating statements, an OVI defense lawyer...

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  • March 17, 2020
  • OVI

Have you ever had a drink and felt that it affected you more than usual? Many factors impact alcohol tolerance and blood alcohol content, such as weight, metabolism, and food consumed while drinking. Unfortunately, this means that you may drive after drinking without knowing your abilities are impaired. In Ohio, this is known as operating a vehicle under the influence, or OVI. An OVI also can apply to drivers using a prescription, over-the-counter, or illegal drugs. An OVI conviction can bring harsh penalties, including time in jail, fines, and a license suspension. Your freedom is on the line, so you need to learn how to get out of an OVI in Ohio. For skilled legal representation, you must contact an experienced OVI defense attorney to assist you with this charge. Call the experienced attorneys at Gounaris Abboud, LPA, for immediate assistance or continue reading for more information on how to beat an OVI charge. Is it Possible to Beat My OVI Charge? Ohio criminal defense attorneys use every legal strategy available to help you get your OVI charge dismissed. Whether you can achieve a dismissal of your charge depends on the specifics of your case. Call a skilled criminal defense attorney for advice on possible legal defenses to your OVI charge. HOW TO GET OUT OF AN OVI IN OHIO FAQ How to Beat an OVI Charge A criminal defense attorney will discuss the specifics of your case with you and advise you on your best legal defense. Here are some legal defenses that may apply to your case. HOW TO GET OUT OF AN OVI IN OHIO FAQ Illegal Search or Seizure If the officer had no reason to pull you over or search your car, this could be a Fourth Amendment violation. The Fourth Amendment to the US Constitution protects you from unreasonable searches and seizures. If your attorney can prove that you were illegally stopped, the court may exclude all evidence the police obtained from your traffic stop. HOW TO GET OUT OF AN OVI IN OHIO FAQ Illegal Questioning If the officer inappropriately questioned you, your answers to the officer’s questions may be excluded. You have a Fifth Amendment right against self-incrimination and a Sixth Amendment right to an attorney. If you are taken into custody, these rights are supposed to be read to you in a Miranda warning, informing you of your right to remain silent and right to an attorney. If the officer neglected to recite a Miranda warning before questioning you, the court might be forced to exclude your statements. HOW TO GET OUT OF AN OVI IN OHIO FAQ Inaccurate Field Sobriety Test Results Law enforcement officers will conduct roadside field sobriety tests (FST’s) where your alertness, dexterity and responsiveness will be tested.  These results will be used against you in court to try to prove your level of impairment has been impacted. The tests are subjective and must be reviewed by a skilled criminal defense attorney in order to protect your rights.  The law firm of Gounaris Abboud will request the court issue an order preserving all video evidence in order to help you defeat an OVI charge. HOW TO GET OUT OF AN OVI IN OHIO FAQ Inaccurate Test Results The breathalyzer test and blood alcohol tests that police administer may be inaccurate. If breathalyzer equipment is not properly calibrated or administered, it may not provide valid results. Blood tests also must be conducted appropriately to provide admissible evidence. HOW TO GET OUT OF AN OVI IN OHIO FAQ Plea Bargain an OVI Charge If none of these defenses provide a way to get your charge dismissed, you can attempt to plea bargain. A plea bargain can reduce your charge or reduce your penalties. Your criminal defense attorney can negotiate with prosecutors to request a plea bargain. Your attorney will attempt to reduce your penalties as much as possible under the law. To achieve a plea bargain, you may need to plead guilty to a traffic offense like reckless operation, which is a lesser charge than an OVI. HOW TO GET OUT OF AN OVI IN OHIO FAQ How an OVI Attorney Can Help When you face an OVI, you may not know what to do. You must seek legal advice because an OVI conviction has consequences. Not only does it carry potential jail time and fines, but the charge goes on your criminal record. This charge can impact your housing and employment opportunities, and an OVI cannot be expunged from your record. A skilled criminal defense attorney can evaluate your case and strive to prepare your best legal defense. Your attorney will attempt to get your charges dismissed. If that is not possible, your attorney will negotiate with the prosecution in an attempt to get your charges reduced. An OVI charge is not something you want to handle on your own. Your freedom and future are on the line, so you need an experienced OVI defense attorney. Call the knowledgeable attorneys at Gounaris Abboud, LPA, at 937-222-1515, or contact us online. We have helped hundreds of clients get their OVI charges reduced or dismissed. When we meet for a free consultation, we can advise you of your best legal strategy. Give us a call today to start your OVI defense.

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