• May 11, 2023
  • 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 (937) 222-1515 or fill out the online form to reach the experienced attorneys at Gounaris Abboud, LPA, for immediate assistance or continue reading for more information on how to beat an OVI charge or get an OVI dismissal in Ohio. Just because you have been accused of DWI does not mean you will be convicted. There are defenses to DWI charges. HOW TO GET OUT OF AN OVI IN OHIO FAQ 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 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. Illegal Search or Seizure If law enforcement did not have probable cause or reasonable suspicion to stop your vehicle, you may be able to argue the OVI charges against you should be dismissed. The Fourth Amendment of the U.S. Constitution protects citizens from unreasonable search and seizure. This means for a police officer to stop your vehicle lawfully, they must have reasonable suspicion that you violated a traffic infraction or committed a crime. The officer must have probable cause to justify the arrest if you are arrested due to that stop. If the officer had neither, you could argue that any evidence from the traffic stop is inadmissible because it is the “fruit of the poisonous tree.” In other words, any evidence obtained from the illegal search or seizure may be ruled inadmissible in a court of law. This might be any drugs or alcohol found on your person or in your car due to an illegal search. An experienced OVI attorney will know what to look for and how to spot potential Fourth Amendment grounds for dismissal of an OVI charge.  Failure to Advise You of Your Fifth & Sixth Amendment Rights 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. Most people are familiar with the term Miranda rights or Miranda warnings from popular crime dramas. Any time you are in custody or not free to leave on your own accord, law enforcement must advise you of your right to remain silent and that anything you say may be used against you in a criminal proceeding. If you are not read your Miranda rights, your attorney will move to suppress any statements you made during the interrogation. It is also possible to move to suppress any evidence obtained due to your unlawfully obtained statement. For instance, if police fail to read you your Miranda warnings and, during the interrogation, you mistakenly admit that you had 10 drinks and were drunk driving, that admission may be inadmissible.  If the officer neglected to recite a Miranda warning before questioning you, the court might be forced to exclude your statements. It is up to your attorney to spot these illegalities and make the appropriate motions to suppress them. If your statements are suppressed, and there is no or little other evidence against you, the State may have to dismiss your case. Improper Administration of Field Sobriety Tests 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 police are required to follow mandatory protocols when administering roadside field sobriety tests (FST). If they deviate from these standards, the results of any FSTs can be suppressed and deemed inadmissible as evidence against you.  Depending on the circumstances, you may have another defense to FSTs, including any medical conditions that prevent you from performing and completing the FSTs as instructed. Your attorney may also challenge the road conditions when the FSTs are administered. For instance, if the road is snow-covered or icy, it is possible to challenge the accuracy of the results.  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. Improperly Administered Breath Test or Faulty Breathalyzer Machine Another way to beat an OVI charge is to challenge the breathalyzer test. You can assert that the machine was defective, unreliable, poorly maintained, improperly calibrated, or that the test was administered improperly. If your attorney can show this, the prosecutor must rely on something other than the breathalyzer results to prove their case.  Examples of ways to challenge the breathalyzer include: A skilled attorney will spot any inaccuracies with the breathalyzer administration and results. ...

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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 a defense attorney to discuss your case and determine how best to move forward. Get started with a free consultation by calling (937) 222-1515 or filling out our online form today. 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:  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:  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 extradition laws

By their very nature, extradition cases involve multiple law enforcement agencies, court hearings, and defendants whom the law views as fugitives of justice. But extradition is also a legal process in which the defendant has rights, and the State must follow Ohio extradition laws.  For immediate assistance and a free consultation, please call our Ohio defense attorneys at (937) 222-1515 or fill out our online form today. What Does Extradition Mean? When one state’s legal system returns a person (aka a fugitive) to the state where they committed a crime, the process is called extradition. Extradition can also apply to an individual who: Applicable laws in each state delineate the specifics of their extradition laws.  Does Ohio Extradite?  Yes, the State of Ohio does extradite. The Ohio judicial system refers to extradition as the law of arrest and deliverance of fugitives from justice. The Ohio extradition radius is nationwide. As stated in the statute, the Ohio governor will call for a fugitive to be arrested and delivered to any other state’s appropriate authority. Under What Circumstances Will Ohio Extradite a Person? Here also, the law is broad. Ohio extradition laws support extraditing any person who has fled from justice in another state and is now in Ohio. It clearly states that Ohio will extradite if the other state charged the person with: Ohio is not a “run for cover” state. Meaning, if someone fleas another state after law enforcement charges them with a crime, Ohio will not help or protect them. Instead, law enforcement in Ohio will work with other state’s authorities to find and return the person to the other state to face charges.  What Are the Defenses to Extradition? You may be innocent of all charges you are facing in another state. Unfortunately that fact does not impact extradition. However, a skilled defense attorney may be able to fight your extradition for one of these reasons: There are legal technicalities and case-specific circumstances that a defense attorney should address before the court can extradite you. Your chance of fighting extradition successfully will be best if you hire highly experienced criminal defense attorneys. Extradition is a specific area of law that not all lawyers can address.  What Should I Do If I Am Facing Extradition? The Extradition Clause of the United States Constitution and the Ohio extradition laws provide for the return of persons charged with a crime in one state who flee to another state. However, you also have every right to hire an attorney to fight extradition, and you should always do so. Even if you want to return to another state to face charges willingly, meet with an attorney before agreeing to the extradition.  Contact Gounaris Abboud, LPA for a Free Consultation If you seek an experienced attorney in criminal defense, look no further than Gounaris Abboud, LPA. Our lawyers represent clients in Dayton and throughout Ohio. Turn your legal concerns over to us. We will make sure that your rights are protected and fight fiercely for you in all criminal proceedings. You can reach us online or call us at (937) 222-1515 for a free case analysis. 

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statutory rape ohio

Having a Dedicated Ohio Criminal Attorney Can Help You Avoid Prison If You Face Charges of Rape in Ohio Ohio rape charges are severe. A conviction under rape laws in Ohio could leave you languishing in prison for years or even for life. Furthermore, you could face life-long secondary consequences arising from the conviction, such as having a felony conviction and registering as a sex offender. The police and prosecution may bring a charge against you for rape in Ohio based on little evidence. Sometimes all the police need is the word of just one person. You need tough, experienced, and savvy Ohio sex crime defense lawyers who have an unrivaled track record of performance. Our rape defense lawyers will help create a defense that is best suited for you.  Please don’t hesitate to call (937) 222-1515 or reach us online for a free consultation. We can explain your legal options and the best path forward. What Is Rape in Ohio? Rape in Ohio is found in R.C. 2907.02 and it provides that (1) “no person shall engage in sexual conduct with another who is not the spouse of the offender but is living separate and apart from the offender when any of the following apply….” The statute also provides that rape means (2) that a person engages in sexual conduct with another when the offender purposely compels the other by force or threat of force. Penalties for Rape in Ohio The potential punishments for Ohio rape depend on a number of different factors but ALL are considered First Degree Felonies.  Sentences range from: Ohio Age of Consent Rape is described above can be boiled down to non-consensual sexual contact between two people. It is often committed by force, threat or fear.  Many people have heard of the term “statutory rape”.  “Statutory Rape” typically means that one of the participants is below the age of consent.  The age of consent in Ohio is 16 years of age.  Individuals age 15 and below do not have the ability to legally consent to sexual activity.  Ohio has other areas of the law to prosecute violations of the Age of Consent that include: Gross Sexual Imposition (may be either a fourth-degree or third-degree penalty), Sexual Battery (third-degree penalty), Sexual Imposition (misdemeanor of the third degree, and Unlawful Sexual Conduct with a Minor (may be a second, third or fourth-degree felony or a misdemeanor of the first degree) Contact Gounaris Abboud Today for a Free Case Evaluation! Our Ohio rape defense lawyers have significant experience defending tough cases. Call us today at (937) 222-1515 for a free case evaluation. Let our defense team of former prosecutors and judges fight for justice on your behalf. Our 5-star Avvo rating and Super Lawyer status demonstrates that we put our clients’ needs first. Contact us today.

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how to beat a solicitation charge

Solicitation is an Ohio criminal charge that is related to but separate from prostitution. If you have been accused of solicitation in Ohio, you are probably worried about jail time and potential harm to your reputation. Here, we will discuss Ohio solicitation laws and some important information about how to beat a solicitation charge.  If you have questions or would like to speak with an Ohio sex crimes attorney, contact the experienced team at Gournairs Abboud, LPA today for a free consultation. What Is Solicitation? The Ohio State Code does not specifically define solicitation. Solicitation generally is the act of asking for or trying to obtain something from someone. The Ohio criminal code prohibits solicitation in a number of situations related to prostitution. Essentially, solicitation is asking another person to engage in sexual activity for hire. Ohio’s laws prohibit solicitation regardless of the age or mental capacity of the person being solicited. However, criminal penalties may be more severe for solicitation of a minor or any individual with a developmental disability. It is important to note that you can be charged with solicitation even if no sexual act took place. Ohio Solicitation Laws According to solicitation laws in Ohio, soliciting a person who is eighteen years of age or older is a third-degree misdemeanor. Soliciting a person who is sixteen or seventeen is a fifth-degree felony if you know the person’s age or are recklessly unaware of their age. Soliciting someone under sixteen is a third-degree felony whether or not you know the person’s age, and soliciting a person with a developmental disability is also a third-degree felony if you know or have reasonable cause to believe that the person has a disability. Ohio solicitation laws also specify more severe penalties for solicitation by a person who has received a positive HIV test. If you know that you have tested positive for HIV and you solicit sex from any person, you can be charged with a second or third-degree felony, depending on when the alleged solicitation took place.  Ohio Penalties for Solicitation  A judge can sentence you to up to 60 days in jail for a third-degree misdemeanor. They can also fine you up to $500.  Felony convictions for solicitation carry the possibility of more severe penalties. A fifth-degree felony can result in six months to a year of jail time and a fine of up to $2,500. Sentencing guidelines allow between one and five years of jail time and/or a $10,000 fine for a third-degree felony. The most severe penalty for solicitation after a positive HIV test can involve up to eight years in jail and a maximum fine of $15,000.  If you committed solicitation while in a motor vehicle, the court may suspend your license.  Possible Defenses for an Ohio Solicitation Charge There are a number of strategies that a skilled defense attorney may use to help you beat a solicitation charge. Burden of Proof For solicitation, as with other crimes, you are innocent until proven guilty. One defense strategy is to cast doubt on the prosecution’s allegations that you solicited sex for hire. If the prosecution cannot provide enough evidence of a clear agreement to exchange sex for payment, then you will not be found guilty. Misunderstanding It is possible that you were unaware that the person you were talking to was a sex worker. You may have thought they seemed interested in you and suggested that they come back to your room. You can defend against a solicitation charge by showing that there is no evidence that you discussed sex for hire. Entrapment You can argue entrapment if an undercover cop encouraged you to solicit sex acts from someone posing as a prostitute. Police sometimes run undercover operations in which one undercover officer pretends to be a sex worker while another attempts to persuade or encourage individuals to solicit the fake sex worker’s services.  A successful entrapment defense requires you to prove that you would not have engaged in solicitation without the undercover officer’s influence. This defense may depend on the words the officer used to convince you to attempt to pay for sex acts or on other circumstances. Entrapment is a complicated defense, and hiring a lawyer is important to successfully raise it. Will a Solicitation Charge Stay on My Record Forever? In Ohio, convictions for first, second, third, and fourth-degree misdemeanors will become part of your permanent criminal record. Any felony conviction will also become part of your permanent record. Most Ohio employers can find public records of felony and first through fourth-degree misdemeanor convictions. If you are convicted of solicitation, it can potentially impact your life long after the incident occurred. Eligible offenders in Ohio can have misdemeanor convictions as well as fourth and fifth-degree felony convictions sealed or expunged from their permanent records. Expungement removes the record of the conviction, making it as if the conviction never happened, while sealing a record makes the record unavailable to the public. Both sealing and expungement prevent future employers from seeing convictions, giving offenders a fresh start.  Until recently, only first-time offenders were eligible for expungement. As of 2018, you may seek expungement if you have any number of misdemeanor convictions and five or fewer felony convictions. You must wait between one and five years before seeking expungement, depending on the level of the offense you are trying to expunge.  Why It Is Important to Hire a Lawyer A solicitation conviction can stay on your permanent record and prevent you from getting hired, obtaining certain professional licenses, being approved for certain types of housing, and more. These collateral consequences can be more harmful than any jail time or fine. You should contact a criminal defense lawyer to talk about how to beat a solicitation charge and avoid these consequences. You should contact a lawyer as soon as possible after being charged with a violation of Ohio solicitation laws.  How an Ohio Criminal Defense Lawyer Can Help The attorneys at Gounaris Abboud, LPA are ready to...

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ohio brandishing law

If you face an allegation of brandishing a weapon, you may be unclear regarding the nature of the charge, the possible defenses, penalties if convicted, and whether you need an attorney. These are all relevant concerns because Ohio brandishing law makes brandishing a crime in certain circumstances, and you need a strong defense. For a free consultation, please call (937) 222-1515 or fill out our online contact form. Is Brandishing a Firearm Illegal? Brandishing (to swing or wave) a weapon is not necessarily a crime in Ohio. Brandishing law is referenced as an add-on offense. Here is why. The primary statute in this area states that brandishing or displaying a firearm in the course of a felony is an offense. Example: Fighting and threatening can be felonies of battery and communicating threats (menacing). If you brandish a weapon during either of these violations, law enforcement will likely charge you with the initial offense plus a brandishing charge. What Are Defenses to a Brandishing a Weapon Charge? An attorney will need to review all the circumstances of a case to determine the best defense. Though defenses are not universal to every situation, here are some that defenses attorneys often use in Ohio brandishing law alleged violations. Self-Defense Suppose you were in the midst of a confrontation and charged with threatening another. Your lawyer may argue that you brandished your weapon to defend yourself or another, which is allowable by law. Lack of Intent  Inherent in brandishing charges is the idea that you are acting in a threatening manner. If you had a weapon out but were joking with a friend, cleaning it, unloading it, putting it away, etc., the lawyer may argue that you did not intend to brandish with any level of threat. Illegal Police Conduct In every criminal case, the law requires that police follow specific guidelines regarding investigations, arrests, interrogations, and more. If they violated those or other laws in the course of your case, your attorney might be able to get your charge dismissed. What Are Possible Penalties for a Conviction of Brandishing a Weapon? In Ohio, brandishing law provides a specific penalty of mandatory years added to a prison sentence. Brandishing or displaying a firearm in the course of a felony offense adds three additional years to the punishment for the initial crime. Other Firearm Charges Ohio statutes identify numerous criminal violations regarding firearms. While most do not specifically reference the term “brandishing,” they often cover having or using a firearm in various circumstances (i.e., firing a weapon, having a gun on school property, providing a gun to a minor, etc.). When you face any firearm charge, you should get a lawyer. How Do I Find a Lawyer for a Brandishing a Weapon Charge? Lawyers can accept any case they feel competent to handle. However, do your due diligence. Choose a lawyer who is: Finding an attorney with these qualities helps ensure that you have a vigorous defense to fight a brandishing a weapon charge. Gounaris Abboud, LPA: Dedicated Legal Counsel Gounaris Abboud, LPA, is a criminal defense firm, well-versed in Ohio brandishing law. We are ready to defend you in your firearms charge. We offer a free consultation and take on all levels of cases in Dayton and throughout Ohio. Contact us today or give us a call at 937-222-1515.

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Many parents know when it’s time for their teenagers to get behind the wheel. However, parents do not always realize the extensive requirements for obtaining a temporary permit, the rules that apply specifically to teenage drivers, and the steps necessary for securing a regular driver’s license once your teenager reaches the appropriate age. New Ohio teen driving laws can cause added confusion, leading parents to think that the requirements or restrictions for teen driving have changed.  If you are looking for information about Ohio’s teen driving laws, you came to the right place. Reach out online or call (937) 222-1515 to get in touch with our team at Gounaris Abboud today to learn more. What Are Ohio’s Teenage Driver Laws?  The Ohio Bureau of Motor Vehicles (BMV) allows teenagers who are fifteen-and-a-half years old to obtain a temporary instruction permit identification card (TIPIC) once they pass a written and vision test. The BMV offers the written test on a computer at most of its locations. If your teenager fails the written test, they can retake the test after 24 hours have passed. The written test contains 40 multiple choice questions about Ohio traffic regulations and signs. The BMV requires at least a 75% score on the test. After receiving a passing score, the teen driver has 60 days to purchase the TIPIC. If your teen driver is under 16 years old, the TIPIC authorizes him or her to practice driving on public roads, but only when a parent, guardian, or certified driving instructor occupies the front passenger seat of the vehicle. If the teen driver is older than 16 but under 18, he or she can practice driving with a licensed driver over the age of 21 in the front passenger seat. Obtaining an Ohio Driver’s License After holding the TIPIC for six months and satisfying other requirements, your teen driver can obtain an Ohio driver’s license. During the six-month period, the teen driver must satisfy requirements including: When these requirements are satisfied, your teen driver can contact any Ohio driver’s license exam station and schedule a skills test. The skills test involves an actual road test using your teen’s own vehicle. If your teen fails the skills test, he or she must wait seven days before attempting the test again. Ohio Teenage Driving Restrictions Teens’ driver’s licenses in Ohio are subject to certain restrictions. Some of those restrictions fall off after holding the license for 12 months, but other restrictions remain in place until your teen turns 18. During the first twelve months, Ohio’s teenage driving laws place the following restrictions on teen drivers: After they hold a driver’s license for at least 12 months, Ohio allows teen drivers to operate their vehicle at any time of night if accompanied by a parent or guardian, but other restrictions still apply. Violating these restrictions can result in your teen being unable to drive without parental supervision for up to six months or until the teenager turns 17 years old, whichever happens first. Multiple violations can result in revocation of the probationary license. Consequences for Violation of Ohio’s Teenage Driving Laws Ohio implements strict laws punishing distracted driving. Ohio defines distracted driving as “engaging in any activity that is not necessary to the operation of a vehicle and impairs, or reasonably would be expected to impair, the ability of the operator to drive the vehicle safely.” For drivers over 18, the use of a handheld electronic device does not, on its own, give Ohio law enforcement authorities the ability to stop the driver. However, if the driver is under 18, the use of a handheld device does give police authorization to pull the teen driver over. A first violation results in a 60-day license suspension and a $150 fine. A second violation results in a 1-year license suspension and a $300 fine. Because the legal drinking age is 21, authorities have authorization to charge drivers under 21 with a blood-alcohol concentration (BAC) of at least .02 percent but less than .08 percent with “Operating a Vehicle After Underage Consumption.” The maximum potential penalties include up to two years of license suspension, a remedial driving course, re-taking the driver’s license examination, and four points assessed to your license.  Contact Us for Questions About Ohio Teen Driving Laws Traffic violations can negatively affect not only your teenager’s ability to drive but also your insurance coverage prices. While the violation may seem minor, the consequences can affect your teenager in more ways than one. By hiring a juvenile defense attorney that specializes in Ohio’s teenage driving laws, you can ensure that no stone is left unturned in avoiding a traffic conviction. At Gounaris Abboud, LPA, we will review the circumstances of your case and formulate a defense strategy to help you obtain a favorable result. With over 50 years of courtroom experience, we are confident in our ability to represent you in an aggressive and efficient manner. Contact our office at (937) 222-1515 today to start your free consultation.

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drug paraphernalia in ohio

Clients frequently ask us, What is the charge for possession of drug paraphernalia? Ohio statutes make this answer simple by labeling the violation “possession of drug paraphernalia.” In many cases, paraphernalia charges arise in combination with drug possession charges. Here, we are going to provide information about the possession of drug paraphernalia in Ohio and the penalties those charged with violation of the statute face. If you were charged with possession of drug paraphernalia, contact one of our Ohio drug crime attorneys as soon as possible. We can prepare a strategy to help you obtain your desired outcome in your case. Reach out to us online or call (937) 222-1515 today for a free case evaluation. What Does Ohio Consider Drug Paraphernalia? Ohio’s statutes describe drug paraphernalia as any equipment, product, or material of any kind that is used or intended for use in any activity involving a controlled substance. If the definition sounds broad, that’s because it is. Under the right circumstances, Ohio authorities can consider a vast number of items to be drug paraphernalia. The specific items of drug paraphernalia outlined by the statute include: While some forms of drug paraphernalia seem obvious, authorities can transform innocent common household items like shrink wrap and plastic bags as drug packaging supplies. If the prosecutor believes you intended to use the items in the distribution of controlled substances, you could face charges for possession of drug paraphernalia. According to the statute, the court and other authorities will consider certain factors when determining whether an item is drug paraphernalia, including: This represents a non-exhaustive list of circumstances law enforcement and the court can consider. What is Possession of Drug Paraphernalia in Ohio? Section 2925.14 of the Ohio Revised Code addresses the illegal use or possession of drug paraphernalia. The statute prohibits individuals from knowingly using drug paraphernalia or possessing drug paraphernalia with the intention of using it. Thus, if law enforcement officers find drug paraphernalia among your belongings after your arrest, you could face an additional charge of possession of drug paraphernalia, even if you were arrested for something completely unrelated. Penalties for Possession of Drug Paraphernalia in Ohio Currently, Ohio does not consider possession of drug paraphernalia a felony offense. However, charges commonly associated with possession of drug paraphernalia, like drug possession and drug distribution, often result in felony charges. The penalties associated with possession of drug paraphernalia, even your first offense, depend on the controlled substance the paraphernalia was reportedly used for. For marijuana paraphernalia, Ohio considers the violation a minor misdemeanor. Minor misdemeanors do not result in jail time. But the penalty for a conviction includes a $150 fine plus administrative court costs and the potential of having your driver’s license suspended, so a conviction is something you definitely need to avoid. For other controlled substances, the consequences are more serious, and the possession of drug paraphernalia can be a fourth-degree misdemeanor. Fourth-degree misdemeanors in Ohio carry the potential of up to thirty days in jail and a $250 fine.  The charge enhances to a second-degree misdemeanor for selling drug paraphernalia and a first-degree misdemeanor if the consumer was under 18. Additionally, convictions can result in your license being suspended for up to five years. Hiring an Attorney to Defend Against Possession of Drug Paraphernalia Charges Depending on the facts of your case, a qualified drug crimes lawyer can raise potential legal defenses on your behalf and negotiate with the prosecutor to lessen your charges. Many legal defenses can apply in a drug paraphernalia possession case, such as: Whatever the circumstances are, you need a lawyer with the knowledge and commitment to advance your interests before the court. Our team at Gounaris Abboud, LPA has over 50 years of combined legal experience. With attorneys previously employed as prosecutors and judges, we know our way around the criminal justice system. We represent many clients facing drug-crime allegations every day, including those charged with possession of drug paraphernalia.  If you’re facing criminal charges in Ohio for possession of drug paraphernalia, we are here to help. Contact our office online or call (937) 222-1515 today to request your free consultation.

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outstanding warrant

You might not find out about an outstanding warrant until a police officer informs you that you are under arrest. At that point, it is too late to do anything to prevent you from going to jail. That’s why you should learn how to find out if you have an outstanding warrant. You can formulate a plan with your lawyer if you learn about an outstanding warrant before the police arrest you. Talking with an experienced and knowledgeable criminal defense lawyer about your situation before police arrest can help you avoid going to jail—or at least minimize the amount of time you have to spend in lockup. Our award-winning Ohio criminal defense lawyers are available to help when you need it most. Call us at (937) 222-1515 or fill out our online form if you have any questions about what you should do if you have an outstanding warrant in Ohio. We offer free consultations. What Is an Outstanding Warrant? An outstanding warrant is a document that authorizes a law enforcement officer to arrest you anytime they encounter you. This is a fairly straightforward and simple outstanding warrant definition. However, you should realize that having a warrant out for your arrest is a very serious legal matter that you must address immediately.  An arrest warrant allows the police to arrest you even when they are not searching for you. As a result, the police will arrest you if they pull you over for a traffic infraction. An officer who stops you will run a warrant check during the traffic stop. The officer will almost certainly learn of the warrant when they run your license. At that point, the officer places you into custody, takes you to the station for booking, and then sends you to jail to await your initial court appearance or until you can post bond.  Law enforcement agencies often conduct warrant “sweeps.” During a warrant sweep, law enforcement officers compile a list of people who have outstanding warrants. After they determine that a warrant exists, they investigate where they can locate and subsequently arrest the wanted person. After they locate you, the police can go to your house or workplace to arrest you.  Why Might You Have an Outstanding Warrant? There are different reasons why you might have a warrant out for your arrest. The police can issue a warrant for your arrest if they develop probable cause that you committed a crime. Probable cause is a very low standard of proof. The probable cause standard only means that a reasonable person might believe you are probably guilty. Probable cause is a much easier standard to meet than the burden of proof required for a conviction at trial—proof of guilt beyond a reasonable doubt. Therefore, a warrant certainly does not mean that you are guilty of a crime. It just means that law enforcement requested permission to arrest you so they could bring you to court to answer the charges. There are other reasons why you might have an arrest warrant. A judge could issue a bench warrant for your arrest if you have not paid a fine, violated a term of probation, or if you missed a court date. You should be aware that an arrest warrant allows the police to put you in jail even if you face only minor charges. For example, if you miss an appearance in traffic court, the judge can issue a bench warrant even though you won’t go to jail for the underlying offense. What You Can Do to Check for an Outstanding Warrant A warrant for your arrest will not magically disappear if you ignore it or wish it away. A warrant remains lodged in the court’s computer system until you clear the warrant. Obviously, you need to find out if you have a warrant before you can clear it up.  You have a couple of options if you want to find out if you have a warrant. First, you can call your local courthouse to ask about a warrant. Court clerks should be able to perform an outstanding warrant search by just using your name and date of birth. If you are in Columbus, you can check the city attorney’s website to see if you have an outstanding warrant. You could also contact your local police department or state highway patrol to ask, Do I have an outstanding warrant?  However, you must be very careful not to say much more than asking if you have a warrant when calling the police department. Remember that anything you say to the police can and will be used against you in court. You might be tempted to explain your situation if they tell you that you have a warrant. Instead, you can ask what you need to do to clear the warrant.  The police department might tell you that you need to come to the police station to clear the warrant. But before surrendering yourself, you should contact a skilled and experienced Ohio criminal defense lawyer. Having a lawyer by your side can help you understand your rights, exercise those rights properly, and arrange for a bond. Additionally, your lawyer will be with you if the police try to interrogate you. Your lawyer will also help you formulate a defense and have a plan to help you regain your freedom as soon as possible. Why You Should Contact Gounaris Abboud, LPA., Right Away for Help Removing Your Outstanding Warrant Gounaris Abboud’s award-winning criminal defense attorneys can help address your warrant and fight to protect your freedom. Our criminal defense lawyers have decades of experience that you can rely on to protect your rights. We have earned a 10 out of 10 Avvo rating and a five-star Google rating for our criminal defense acumen. Additionally, we have earned the prestigious SuperLawyers accolade several years in a row. Contact us online or call (937) 222-1515 to get our team on your side today. Get started with a free consultation.

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mail theft punishment

Shoplifting crimes may seem like minor offenses. However, the shoplifting laws in Ohio fall under the general category of theft. Since theft crimes can either be misdemeanors or felonies, you should be aware of the negative consequences a theft conviction could have on your life. Having a dedicated and experienced Ohio criminal defense lawyer by your side can help you resolve your case favorably. The Dayton criminal defense lawyers with Gounaris Abboud, LPA, do more than aggressively defend your case. When you work with our firm, you will experience the difference a trustworthy, empathetic, honest, and supportive attorney can make in your life.  Call (937) 222-1515 or fill out our online form today for a free consultation. Shoplifting Charges in Ohio Shoplifting in Ohio has two meanings. You might think that shoplifting only takes place when someone conceals an item and walks out of a store without paying. However, deceiving the store owner to pay less for an item is also shoplifting. You might not realize it, but changing the price on an item by either altering the price tag or by switching the price tag from one item to another is shoplifting. That’s harder to do these days when most stores don’t use price tags and rely on UPC barcodes for pricing. But switching packaging is also shoplifting when you pay less for the item than indicated for that specific item.  Ohio Shoplifting Penalties  Shoplifting penalties range in severity depending on the value of the stolen items. Although the term shoplifting implies that the stolen items are small and easily concealed, the theft statute in Ohio allows someone to serve up to 10 years in prison, depending on the situation.  Under the Ohio theft law, a conviction for stealing property valued at less than $1,000 is petty theft and is a first-degree misdemeanor. The maximum penalty for a first-degree misdemeanor is 180 days in jail and a maximum fine of $1,000. The punishments become more serious as the value of the stolen property increases. Stolen merchandise valued between $1,000 and $7,500 constitutes a fifth-degree felony. You could serve between six months to one year in jail and have to pay a $2,500 fine.  Stealing property valued between $7,500 and $150,000 is a fourth-degree felony. The punishment ranges from 6 to 18 months in jail and a $5,000 fine. You face third-degree felony charges for theft of property worth $150,000 up to $750,000. The punishment for this charge is a prison sentence of one to five years and a fine of no more than $10,000. Second-degree felony theft is the appropriate charge for property stolen that has a value of at least $750,000 but less than $1,500,000. The prison term for this sentence falls between two and eight years, along with a fine of $15,000.  Stealing property worth more than $1,500,000 is a first-degree felony. The sentence for this offense is 3 to 10 years in prison and a $20,000 fine. Additional Shoplifting Penalties You could face civil liability for shoplifting in addition to criminal sanctions. As a result, the judge may order you to make restitution to the store owner for the value of the goods stolen. Also, you are liable for any damages the store incurred beyond the value of the stolen property. For instance, the court could find that you damaged property while fleeing the store. If so, the judge may order you to pay for those losses as well. You should understand that civil liability could entail paying the plaintiff’s attorney’s fees and court costs as well. A felony conviction carries collateral consequences on top of the penalties described above. A felony conviction for theft could be impossible to seal or expunge from your record. You might also have a difficult time finding work or keeping your job if your employer considers theft to be a crime of dishonesty. A theft conviction may hamper your pursuit of educational opportunities as well. A felony theft conviction could endanger your immigration status if you are not a U.S. citizen. Additionally, you could lose your ability to become a naturalized citizen or be refused re-entry into the country. You could also lose the right to vote and your right to possess a firearm.  Why Do I Need a Lawyer for My Shoplifting Charge? The shoplifting laws in Ohio are strict. You could go to jail even after a conviction for petty theft. Moreover, as the value of the stolen property increases, so does the likelihood that you will go to prison. Having a skilled Ohio criminal defense attorney fight for you can protect your rights. You have only one chance to defend your case successfully. Making a mistake while trying to defend yourself—even from misdemeanor shoplifting charges—can hurt you in the long run. Seeking advice from a skilled attorney with extensive experience defending the rights of the accused gives you the best chance to minimize the impact your charges will have on your life. Work with a Dayton Law Firm That Cares About Your Future Call Gounaris Abboud, LPA, today at 937-222-1515 or contact us online to speak with one of our experienced and compassionate criminal defense lawyers. Our award-winning attorneys will explain your options and plot a course of action that can help you get the best results for the circumstances surrounding your case. We may be able to get the prosecutor to agree to a favorable plea, reduce your charges, or possibly even dismiss your case altogether. With our extensive legal knowledge and dedication to your well-being, we can make a difference for you. 

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