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:  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 drug laws controlled substances

What You Should Know About Ohio Drug Possession Laws Ohio drug possession laws are codified by Ohio Revised Code Section 2925.11 and define possession of controlled substances as “knowingly obtaining, possessing, or using a controlled substance”. Ohio drug laws classify controlled substances into five “schedules.” These schedules range from the most serious (Schedule I) to the least serious (Schedule V). Possession of more serious drugs carries more severe penalties, while the penalties for possessing less serious drugs are not as harsh. Ohio law provides different “bulk amounts” for each type of drug. These are benchmarks used to measure the appropriate penalty based on the quantity of the drug. Criminal penalties for possessing a controlled substance can include prison sentences, fines, or both. If you have been arrested for a drug possession crime in Ohio, you should contact a criminal defense lawyer today. Hiring a criminal defense lawyer gives you the best chance to reduce or eliminate your criminal charges. For a free case review, please call (937) 222-1515 or send us an online message today. Recent Case Result: Drug Crime Reduced to Disorderly Conduct Ohio Drug Laws on Controlled Substances Ohio drug laws follow federal classifications of controlled substances into five “schedules”: Whether a drug is a Schedule I or II controlled substance or a Schedule III, IV, or V controlled substance is important for criminal charges, penalties, and sentencing. Ohio Penalties for Possessing Controlled Substances Penalties for possession of controlled substances depend on factors such as the type and the amount of the substance. For example, possession is more severely punished when it involves possession of Schedule I and Schedule II controlled substances.  The penalties for possessing a controlled substance also depend on how much of the substance the accused possessed. Some controlled substances, including marijuana, LSD, heroin, and cocaine, are measured by weight. Other controlled substances are measured by what Ohio drug laws call a bulk amount. Each controlled substance is assigned a bulk amount by statute. Penalties depend on whether the defendant possessed less or more than the bulk amount. Note that possession is not a crime if the person has a valid prescription for the controlled substance. Many controlled substances, particularly Schedule III, IV, and V controlled substances, have accepted medical uses. Possessing a controlled substance without a valid prescription, however, can lead to misdemeanor or felony possession charges. Were you recently charged with a crime? If you were recently charged with drug possession then text us the details Text Us on Mobile For Free Case Analysis Possession and Aggravated Possession of Controlled Substances in Ohio Ohio law differentiates possession and aggravated possession of controlled substances based on the type of drug you possessed. Schedule I and II Controlled Substances Possession of most Schedule I or II controlled substances is aggravated possession of drugs under Ohio drug laws. However, possession of some Schedule I and II drugs will not result in aggravated possession charges. Marijuana, Heroin, Cocaine, and LSD Schedule I and II drugs that are excepted from aggravated possession charges include marijuana, heroin, cocaine, and LSD. Each drug carries its own penalties. Marijuana Possession of marijuana in Ohio is penalized as follows: If you’re charged with marijuana possession in Ohio, contact a criminal defense lawyer today. Heroin Possession of heroin in Ohio is penalized as follows: If you’re charged with heroin possession in Ohio, contact a criminal defense lawyer today. Cocaine Possession of both powder and crack cocaine in Ohio is penalized as follows: If you’re charged with cocaine possession in Ohio, contact a criminal defense lawyer today. LSD If you’re charged with LSD possession in Ohio, contact a criminal defense lawyer today. All Other Schedule I and II Controlled Substances If you possess any other Schedule I or II controlled substance you will be charged with aggravated drug possession. Aggravated possession of drugs is a felony but can vary in degree based on the amount in possession: If you’re charged with aggravated possession of drugs in Ohio, you should contact a criminal defense lawyer today. Schedule III, IV, and V Controlled Substances A person in possession of a Schedule III, IV, or V controlled substance may be charged with possession of drugs under Ohio drug possession laws. Possession of drugs can result in a first-degree misdemeanor charge or a felony of the fifth, fourth, second, or first degree depending on how much of the substance was in the defendant’s possession. Regardless of the schedule of the controlled substance, the offense (as determined by the bulk amount or weight) ordinarily carries the same penalty. What Happens If I’m Convicted of a Drug Offense? If you’re convicted of a drug offense in Ohio, you face a number of consequences. The harshest penalties you face are jail time and fines. Your driver’s license may even be suspended or revoked if you are convicted of a drug offense. If you hold a professional license such as a law license, medical license, or nursing license, you could lose it either temporarily or permanently. Additionally, you will have a permanent criminal record as a drug offender. Having a criminal record with a drug charge can make it harder to get a job, find housing, and get into higher education programs. Sentences for Violating Ohio Drug Possession Laws Ohio law supplies suggested sentencing, but the penalties can vary depending on the particular facts and circumstances of each case: The sentences listed here are the penalties suggested by Ohio law. Sentences imposed in a possession case may deviate from these guidelines. Because criminal sentencing depends on the circumstances, speak with an experienced attorney about the specifics of your case. Possible Defenses The defenses you might have against a drug possession charge depends on a number of factors, including: Your criminal defense lawyer could argue that some or all evidence should be excluded because the search or seizure was unconstitutional under the 4th Amendment. If you did not receive proper Miranda warnings when you were taken into custody, your lawyer could also argue...

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  • January 03, 2023
  • OVI
Is an OVI a Felony In Ohio

For those arrested for OVI (operating a vehicle impaired) in Ohio, the charges against them are often confusing.  Below, we discuss OVI’s in Ohio and if and when they can turn into felonies. Is an OVI a Felony in Ohio? That depends. An OVI is often a misdemeanor, but it may become a felony in certain situations. Whether you are facing a misdemeanor or a felony OVI charge, call (937) 222-1515 or contact the Ohio criminal defense attorneys at Gounaris Abboud, LPA today. A lawyer will help protect your rights. IS AN OVI A FELONY IN OHIO FAQ When is an OVI a Felony in Ohio? OVI is a felony when the accused has committed prior OVI offenses. Whether an OVI is a felony depends on the number of prior offenses and the time in which they occurred. Felony OVIs are third-degree felonies or fourth-degree felonies. An OVI is a third-degree felony in the last situation where the defendant has one prior felony OVI. The OVI is a fourth-degree felony when the OVI falls under one of the first two categories listed above. Under Ohio OVI laws, a felony OVI may result when the defendant received: IS AN OVI A FELONY IN OHIO FAQ What Are the Penalties for a Felony OVI In Ohio? The penalties for an OVI in Ohio depend in part on the degree of the felony; several penalties apply to every felony OVI. First-Time Felony OVI Penalties For a first-time felony OVI, Ohio requires mandatory penalties that include: The $1,350 fine is the smallest fine that the court may impose. The court can instead impose up to the maximum fine of $10,500. Similarly, the court has the discretion to order a prison sentence above the minimum of up to 30 months. If you had five or more OVI convictions in the past 20 years, the court can put you in prison for up to five years. The court could also impose a lifelong license suspension. Second Felony OVI Penalties These mandatory penalties are mostly the same for a second felony OVI conviction. One exception is that the mandatory sentence must be served in prison; there is no option for the court to order jail time instead. Additionally, the court can impose a prison sentence of up to five years, regardless of how many prior convictions you had or when they occurred. IS AN OVI A FELONY IN OHIO FAQ What Are the Defenses of a Felony OVI? The defenses available in misdemeanor cases are also available for felony OVIs. Constitutional Violations A defendant may argue that the police violated their Fourth or Fifth Amendment rights.  A Fourth Amendment violation may result if the police conduct an invalid stop or arrest. A Fourth Amendment violation might occur when the police stop a car without reasonable suspicion that an offense has been committed. The police also need probable cause to believe that the driver was under the influence to make an arrest. A Fifth Amendment violation occurs when the police do not read the accused their Miranda rights. A defendant must first hear their Miranda rights before they can be questioned in police custody. Miranda rights include the right to an attorney and the right to remain silent. A Fourth or Fifth Amendment violation will not result in having the case dismissed. However, a violation may lead to the court suppressing evidence that police obtained as a result of the violation. This means that the court will not allow the prosecution to show the evidence in a trial. Factual Challenges The defense may argue that the state cannot prove OVI beyond a reasonable doubt. This might work, for example, where there is not enough evidence of intoxication. The defense might also argue that the defendant was not operating a vehicle as alleged. The defendant might challenge the field sobriety test or the chemical test. A chemical test measures the defendant’s blood alcohol content administered by the police. The defense can challenge these tests for: Also, the police must take the sample within three hours of operating the vehicle. If the officers do not do so, results may not show the defendant was intoxicated. Were you recently charged with an OVI? If you were recently charged with an OVI text us the details   Text Us on Mobile For Free Case Analysis IS AN OVI A FELONY IN OHIO FAQ What Will Happen in Court for a Felony OVI in Ohio? When someone is charged with a felony, they first have an initial appearance before the court, where the court will explain the defendant’s rights. The court will also set bonds and other conditions on the defendant’s release if any. Next, the court holds a preliminary hearing, where it decides whether there is probable cause to bind over the defendant, i.e., move forward with the case. If the court finds probable cause, then a grand jury hears the case and decides whether to indict the felony. An indictment means that the defendant is charged with the felony OVI. If indicted, the defendant will have their first formal appearance in court, called an arraignment. At this time, the defendant will enter a plea of guilty or not guilty. Next, the parties will try to resolve the charges before trial. If the parties cannot reach a plea bargain, the case will move to a trial. IS AN OVI A FELONY IN OHIO FAQ Contact an Ohio OVI Defense Attorney Today Felony OVI is a serious charge with serious consequences.  To protect your freedom and avoid hefty fines, contact an experienced OVI defense lawyer immediately. At Gounaris Abboud, LPA, we have over 50 years of collective experience. Our lawyers provide our clients with a zealous defense at every stage of the case. Contact our seasoned Ohio criminal defense attorneys online or by calling (937) 222-1515 today for a free consultation.

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marijuana by mail

We can get nearly anything we want these days by looking it up online and having it shipped to us. Especially since the onset of the COVID-19 pandemic, we’ve had meals, groceries, and a whole host of other goods delivered right to our door. It seems like there are very few things left that we cannot order online and get in the mail.   Mail order marijuana is a different story. Federal law prohibits sending marijuana through the mail. As a result, you can face substantial penalties for shipping marijuana by mail to yourself or anyone else. Additionally, Ohio state law prohibits possession of any amount of marijuana even if you bought it from a legal distributor in another state, including edibles and any product containing THC. If you face criminal charges for buying or sending marijuana by mail, then you need a tough, dedicated defense lawyer who knows how to win. The Ohio drug crime lawyers from Gounaris Abboud, LPA., have built a solid reputation for winning tough drug cases in state and federal courts. You can count on them to deliver the best result possible for you. For a free consultation, please call (937) 222-1515 or send us an online message today.  Can You Mail Marijuana? At this time, 18 states and the District of Columbia have relaxed their stance on recreational marijuana consumption. Additionally, another 18 states passed medical marijuana legislation allowing dispensaries to distribute marijuana to people who have a valid prescription. Ohio does not permit the recreational use of marijuana.  You can travel to a state that legalized the sale of recreational marijuana products and purchase them in person, even if you live in Ohio. However, you will have to consume them in the state where you bought them because you cannot legally bring them home. As stated, Ohio law prohibits bringing marijuana into the state, even if you bought it legally in another state. If you try to do so, you could face criminal penalties. The penalties for marijuana possession vary depending on the weight of the drug under Ohio law. The range of penalties for marijuana possession include: You could also face a drug trafficking charge for selling or shipping marijuana, even if you bought it legally in another state. Can I Buy Mail Order Marijuana Online with Worldwide Shipping? The Drug Enforcement Administration (DEA), which often enlists the help of state and local law enforcement officers, keeps a close eye on the mail for drug shipments. Agents monitor the mail for suspicious packages and perhaps even use tips from informants to intercept mail order marijuana shipments. The DEA watches drug shipments sent by people using the USPS as well as private carriers like UPS and FedEx. When law enforcement agents get a tip that a package might contain marijuana, they may get a search warrant to open the package or have a drug-dog “hit” on the shipment. The agents will track the package to its destination. At that time, they might choose to take down the person receiving the package immediately upon delivery or get a search warrant. Usually, the agents will arrest the person who received the shipment and try to build a case against that person while trying to find out who sent it. That’s why it’s dangerous to use a marijuana mail order delivery service. Similarly, you are taking a tremendous risk if you ship marijuana even though you bought it legally. Like state law, the penalties you can face in federal court increase dramatically as the amount of marijuana increases.  What Should I Do If Police Suspect I Bought Mail Order Marijuana? Federal agents know how to pressure people into talking. Remember that you never have to answer any questions police—including federal agents—ask you. If they want to talk to you, then you should ask for a lawyer right away. With the help of an experienced attorney, you can decide if it’s in your best interest to talk to law enforcement. It’s always best to remain silent until you’ve had a chance to obtain legal advice. Federal authorities are always looking to land the bigger fish. They may try to get you to give up your supplier. Even if you invoke your rights to remain silent, federal prosecutors might give you a proffer letter. This is a tactic they frequently use to get people to provide evidence against others. But you should not try to take on the federal government alone. In this situation, you need a lawyer who has extensive experience representing people facing federal drug crimes. Without one, you could accidentally incriminate yourself in a drug conspiracy that sends you to federal prison.  Get Help with Your Mail Order Marijuana Charges Today! You are not automatically guilty because the police claim you received or shipped a package containing marijuana. You have valuable rights, and the experienced drug crimes lawyers with Gounaris Abboud, LPA., will fight to protect them. The drug crimes lawyers with Gounaris Abboud, LPA., have received numerous accolades over the last decade. Owing to their unparalleled representation, legal skills, and documented track record of results, Gounaris Abboud, LPA., has earned a reputation for excellence. Contact us online or call (937) 222-1515 today to learn what they can do for you during your free consultation. 

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disorderly conduct ohio

Disorderly conduct is a significant offense in Ohio. Although the charge is either a minor misdemeanor or a fourth-degree misdemeanor, a conviction carries severe implications for the accused.  Many people only consider the sanctions imposed by a judge when they think about penalties for violating Ohio’s criminal law. But convictions for criminal charges could also have other devastating consequences.  Speaking with a highly qualified Ohio criminal defense attorney from Gounaris Abboud, LPA, could help you better comprehend your rights. Contact our defense team online or call (937) 222-1515 today and let them help develop a defense plan that minimizes the impact of your Ohio disorderly conduct charge. What is Disorderly Conduct in Ohio? Disorderly conduct is a charge that police often use to end a potentially dangerous or tumultuous situation. Ohio’s legislature wrote the disorderly conduct law broadly so that police could use their arrest powers to preserve the peace as circumstances dictate. The difference between protected speech and disorderly conduct is sometimes a narrow margin. A person can exercise their right to free expression. However, Ohio’s disorderly conduct statute limits freedom of expression when the behavior alarms, annoys or threatens public order.  Different Types of Disorderly Conduct in Ohio Ohio law considers a variety of behaviors to be disorderly. Law enforcement officers can charge a person for disorderly conduct for inconveniencing, annoying, or alarming another person by recklessly: The person charged for disorderly conduct in Ohio need not be intoxicated or impaired under these circumstances.  Disorderly Conduct in Ohio While Intoxicated Ohio’s disorderly conduct law also pertains to situations when people are voluntarily intoxicated, which is sometimes called “drunk and disorderly.” The police need not prove the person under arrest for disorderly while intoxicated had a blood alcohol limit of 0.08 or above. Instead, the police have probable cause to arrest if the person appeared intoxicated according to the ordinary person. Police in Ohio could charge drunk and disorderly when: Operating a vehicle or watercraft under the influence does not violate the disorderly conduct law in Ohio, though you may be subject to other charges for doing so. Penalties for Disorderly Conduct in Ohio Ohio disorderly conduct penalties depend on the circumstances of your arrest.  Disorderly conduct is a minor misdemeanor and is punishable by a fine of $150 unless aggravating factors apply.  Aggravated disorderly conduct is a fourth-degree misdemeanor. A person convicted of a fourth-degree misdemeanor in Ohio faces up to 30 days in jail and a fine not to exceed $250.  Ohio law defines aggravating factors under the disorderly conduct statute as: Discussing the allegations with a dedicated Ohio criminal defense attorney can help you better understand the charges filed against you. Contact Gounaris Abboud Call 937-222-1515 Contact our firm to discuss your disorderly conduct charge today. During a free consultation, we’ll discuss the specifics of your case and come up with a strategy together. Disorderly Conduct and College Students Acting like a fool while drunk in a dorm room is one thing; doing the same in public is entirely different. College students should be wary about losing total control over their faculties while drinking or in situations where peaceful actions could turn riotous.  A college student found guilty of disorderly conduct could receive a suspension from school, suffer removal from college programs, or face other disciplinary action from their institution. The school’s disciplinary action could reflect poorly on the student when pursuing a professional career or furthering their education. Possible Defenses to Disorderly Conduct Charges Negotiating a favorable disposition of the case might be the best course of action in the circumstances. A skilled Ohio criminal defense lawyer knows how to negotiate disorderly conduct from a fourth-degree misdemeanor to a minor misdemeanor, or negotiate a dismissal altogether. Individuals charged with disorderly conduct have the absolute right to proceed to trial. They could argue the First Amendment protected their actions.  Contact an Ohio Criminal Defense Lawyer Today The criminal defense lawyers at Gounaris Abboud, LPA understand that you or your loved one is in a tough spot. Speaking with a passionate, dedicated, and experienced Ohio criminal defense attorney about your charges of disorderly conduct in Ohio could give you the confidence you need to make the best decision for you. Our Ohio defense attorneys are former prosecutors who use their experience to their client’s advantage. Call Gounaris Abboud, LPA today at (937) 222-1515 or contact us online to learn more. 

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Ohio Speed Limit Laws

Getting pulled over for speeding in Ohio can result in speeding ticket fines, an increase in insurance rates, and other consequences for drivers. Additionally, a conviction for violating the speed limit in Ohio adds points to your driving record. After a certain number of driving points accrue on your driving record, you could face the revocation of your driving privileges.  If you received a ticket for driving over the speed limit in Ohio, you might think hiring an attorney is a waste of time and just pay the fine. However, that couldn’t be further from the truth. An Ohio attorney can negotiate with the prosecutor to have your fine reduced or spare you the addition of penalty points on your Ohio driving record. Our defense attorneys at Gounaris Abboud, LPA, represent clients charged with violations of speed limit laws in Ohio. Contact our office online or call (937) 222-1515 today for your free case review. What Kind of Speed Limit Laws Exist in Ohio?  Ohio’s main speed limit law prohibits driving at a speed greater than is “reasonable or proper, having due regard to the traffic, surface, and width of the street or highway and any other conditions.” Essentially, the speed limit law requires motorists to drive at a safe speed. What qualifies as a safe speed depends on the factors listed in the statute, in addition to other factors. For example, operating a vehicle during the day might allow drivers to go faster than when operating the vehicle at night, as the darkness factor makes driving less safe. The main speeding law also prohibits motorists from driving a vehicle “at a greater speed than will permit the person to bring it to a stop within the assured clear distance ahead.” Absolute Speed Limits Most drivers are familiar with absolute speed limits, as absolute speed limits are the speeds posted on Ohio speed limit signs. If you drive faster than the posted speed limit, you violate Ohio’s speed limit sign law. Unless otherwise posted, Ohio outlines absolute speed limits for certain roadways in the state, such as: Ohio allows local jurisdictions to adjust speed limits within their boundaries, so the speed limit in one Ohio city will not necessarily match the speed limit in another city.  Prima Facie Speed Limits Ohio also implements prima facie speed limits, sometimes referred to as presumed speed limits. Unlike absolute speed limits, exceeding the prima facie speed limit does not automatically render you guilty. You can present evidence in court establishing that your driving speed was safe. If you can prove that your speed was safe, the judge should find you not guilty. Unless otherwise posted, Ohio’s prima facie speed limits include: While violating the prima facie speed limit creates a presumption that you violated Ohio’s speed limit law, you can rebut that presumption by demonstrating that your driving speed was safe. Penalties for Ohio Speed Limit Law Violations The penalties for violating Ohio speed limit laws vary depending on a number of factors, including your prior speed limit convictions and how many miles over the speed limit you were driving.  A first-time or second-time speed limit violation amounts to a minor misdemeanor charge. A minor misdemeanor carries the potential of a fine up to $150.  A third-speed limit violation within a one-year period qualifies as a fourth-degree misdemeanor. Fourth-degree misdemeanors carry the potential of up to 30 days in jail and a fine of up to $250.  Speed limit violations that involve driving faster than 35 miles per hour in a business district or faster than 35 miles per hour in a school zone amount to fourth-degree misdemeanors as well. A fourth or subsequent speed limit violation within a one-year period qualifies as a third-degree misdemeanor in Ohio. A third-degree misdemeanor carries the potential of up to 60 days in jail and a fine of up to $500.  If the speeding violation occurred in a school or construction zone, the state typically doubles the fine amount. Ohio Point System and Speed Limit Law Violations Ohio assesses points against the driver records of motorists convicted of certain driving violations. If you accumulate 12 or more points within a two-year period, the state can suspend your driver’s license. Speed limit law violations warrant the assessment of points against your driving record, but the number of points depends on the violation. For example, a speeding violation involving speeds of less than 25 miles per hour above the speed limit results in two points against your driving record. A speeding violation involving speeds in excess of 25 miles per hour over the speed limit results in four points against your driving record.  If you accumulate 12 points against your driving record within a two-year period, the court will suspend your driver’s license for six months.  Facing Speed Limit Law Violations in Ohio? Contact an Attorney Today Though speed limit violations do not typically result in severe penalties, recurring violations can result in serious fines, the suspension of your driver’s license, and even jail time. Depending on the factors present in your case, an Ohio traffic attorney can argue that you were driving safely at the time of the alleged violation or present evidence that justifies your increased speed. At Gounaris Abboud, LPA, we pride ourselves on giving our clients the one-on-one attention needed to establish trust in the attorney-client relationship. Contact or call our office at (937) 222-1515 today to get started with a free consultation.

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transporting firearms in ohio

Before transporting a firearm in Ohio, you need to know what Ohio’s firearms laws allow and prohibit. The rules can vary depending on where you intend to store your weapon and whether you plan to conceal it. Additionally, Ohio’s vehicle gun laws address transportation with a firearm.  Clients frequently ask, Can I carry a gun in my car in Ohio? We’ve prepared a short guide to help you understand the laws surrounding transporting firearms in Ohio and the penalties associated with those laws. If you have additional questions or have been charged with improper handling of a firearm in a motor vehicle, contact Gounaris Abboud, LPA for your free consultation. Get started by calling (937) 222-1515 or sending an online message today. Firearm Possession in Ohio: An Overview The Second Amendment to the United States Constitution gives U.S. citizens the right to own and carry a firearm, subject to limitations. Ohio prohibits certain individuals from possessing a firearm, including those who: As long as these disabling factors don’t apply to you, you can generally own and possess a firearm in Ohio. However, if there are any questions about one’s right to carry, you should still contact a lawyer as there are often details that a simple checklist cannot answer. Ohio is an “open-carry” state. That means individuals who legally own a firearm can openly carry a firearm within the state with or without a concealed carry permit, subject to other limitations. For example, transporting a firearm in your vehicle carries different requirements based on whether the gun owner has a concealed handgun or weapon permit. Unlike some states, Ohio does not require firearms owners to register their weapons at a state level. Concealed Carry Permits: Ohio Requirement Ohio refers to the permit authorizing individuals to carry a concealed weapon as a Concealed Carry Weapons (CCW) permit. Some states refer to this as a weapons permit or handgun permit. Ohio requires first-time CCW applicants to meet several requirements, including: Ohio does not require active duty military members to pay the fee or submit to the training course. Even with a CCW, Ohio law prohibits individuals from carrying a concealed handgun in certain locations, including: In addition to a CCW, individuals carrying a concealed handgun must carry another valid form of government identification. Transporting Firearms in Your Vehicle The legality of transporting concealed firearms in your vehicle depends on whether you possess a CCW permit. If you have a concealed carry permit, you can transport a loaded, concealed handgun inside your car. However, you cannot carry a concealed weapon in your vehicle if you’re under the influence of drugs or alcohol. Carrying a concealed weapon in your vehicle while under the influence of drugs or alcohol amounts to a 5th Degree Felony, punishable by up to 12 months in jail and a fine of $2,500. If you don’t have a CCW permit, you can transport an unloaded firearm as long as it is carried in one of the following ways: Violation of this provision amounts to a 4th Degree Felony, punishable by up to 30 days in jail and a fine of $250. Consult with a Weapons Charges Attorney Today An experienced weapons charges attorney with Gounaris Abboud, LPA, can help you understand the charges you’re facing and your options. We pride ourselves on providing our clients with the one-on-one attention that is critical to establishing a trusting attorney-client relationship. Our team has more than 30 years of collective experience representing individuals charged with criminal violations. No two cases are the same, so we dedicate time to each one of our clients, which allows us to listen to their situation, the outcome they desire, and create a strategy to meet their goals. When your freedom is at stake, there is no time to waste. For a free consultation, please contact our team of criminal defense attorneys at Gounaris Abboud, LPA, as soon as possible. Call (937) 222-1515 or reach us online today to get started. 

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  • November 07, 2022
  • OVI
what happens if you refuse a breathalyzer in ohio

Refusing a Breathalyzer in Ohio Laws One look at Ohio’s statute on Operating a Vehicle Impaired (OVI), and you’ll know that getting pulled over for drunk driving is a big deal. If convicted for even a first-time offense, you face jail time and a driver’s license suspension. If your blood alcohol content was .08% or above, mandatory minimum sentencing kicks in. This means that you’ll spend anywhere from 72 hours to six days in jail. There are also fines, court fees, the costs of taking an alcohol abuse course, and license reinstatement expenses, so you’re looking at losing thousands of dollars. Based on these penalties, you may think that refusing a breathalyzer in Ohio is a good idea. In truth, declining the chemical test is not a wise move. Some answers to these common questions may help you understand the key issues. For immediate assistance, please don’t hesitate to call (937) 222-1515 or reach us online today. We offer free consultations. What Does Implied Consent Mean? In Ohio, you consent to a chemical test to measure your blood alcohol content (BAC) when asked by police. The test may be through samples of your breath, blood, or urine, but the breathalyzer is the most common. If you refuse the breathalyzer in Ohio, the penalties can be severe. When can Officers Request Me to Take a Breath Test? Police can ask you to take a chemical test after you’ve been arrested for drunk driving. You must be under arrest before the police can make the request. If they ask you to take a portable breath test at the scene, you’re within your rights to refuse to blow. These devices are often inaccurate and are usually not administered by a specially trained law enforcement officer, so the results cannot be used as evidence. What are the Penalties if I Refuse to Blow? The first time you refuse a breathalyzer test, you’ll get a one-year driver’s license suspension. Per Ohio’s DUI laws, the punishment increases with subsequent offenses. Therefore: What Happens to the DUI Charges Against Me? Refusal to blow is a separate offense from drunk driving, so you could be sentenced to the above punishment regardless of the outcome in our DUI case. Are There Any Defenses to OVI Refusal to Blow? The details vary according to your circumstances, but you may have grounds to fight the charges. One of the more common defenses is that the police officer didn’t tell you your rights about refusal to blow. Set Up a Consultation with an Ohio OVI/DUI Lawyer Right Away If you have more questions about refusing a breathalyzer in Ohio, please contact Gounaris Abboud, LPA by calling (937) 222-1515 or sending an online message today. Our OVI lawyers can schedule a case evaluation to review your circumstances and determine the best strategy for defending your rights.

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  • November 03, 2022
  • OVI
driving under ovi suspenstion ohio

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’s 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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second degree misdemeanor

Facing criminal charges is a daunting prospect for anyone. On top of the risk of fines and jail time, having a criminal record can disrupt your life in a number of other ways. If you face second-degree misdemeanor charges, it is vitally important to understand the potential consequences that follow a conviction.  Potential Penalties for Second-Degree Misdemeanors Ohio law splits misdemeanors into five different categories or levels. Ohio law bases the misdemeanor level on the seriousness of the crime. Minor misdemeanors are the least serious, and first-degree misdemeanors are the most serious. The severity of punishment corresponds with the level of the crime. Above first-degree misdemeanors are fifth-degree misdemeanors.  In Ohio, second-degree misdemeanors include theft, shoplifting, vandalism, and manufacturing or selling drug paraphernalia. Conviction of a second-degree misdemeanor can bring two primary types of punishment in Ohio: a fine and jail time. The maximum incarceration period for a second-degree misdemeanor in Ohio is 90 days. The maximum fine is $750. If convicted of a second-degree felony, the punishment can include one or the other, or both. It is important to note that these are the maximum punishments that a judge can impose.  Mitigating Circumstances and Mitigating Punishments Punishment for a second-degree misdemeanor may end up less severe than the maximum based on mitigating circumstances. Mitigating factors do not mean that a person did not commit a crime. Instead, they lessen the severity of a crime in the eyes of the law and society and thus lessen the imposed punishment’s severity. Mitigating factors include things like: Remorse of a perpetrator; The culpability of the victim; A perpetrator’s clean record; Irregular circumstances surrounding the crime; and Relative necessity. An experienced criminal defense attorney will work closely with you to figure out which mitigating factors they should present to the judge to lessen the severity of a second-degree misdemeanor sentence.  Mitigating punishments may also lessen the severity of the jail time or fine imposed by the courts. Mitigating punishments include things like community service, probation, counseling, drug treatment, or license suspension. In some cases, a judge will impose a mitigating punishment of their own volition. However, in other cases, someone facing criminal charges and their defense attorney can ask for mitigating punishments themselves. A judge will assess the facts of the case and mitigating factors to determine whether circumstances warrant a mitigating punishment. How a Criminal Defense Attorney Can Help If you face a second-degree misdemeanor charge, the best thing you can do for yourself is to hire an experienced criminal defense attorney. Your criminal defense attorney will work closely with you to hear your side of the story and craft a suitable defense for it. On top of the possibility of beating the case in court, your attorney can fight to have your case dismissed, argue for your sentence to be reduced or mitigated, or negotiate a plea bargain to drop the criminal charges to a lower level. An experienced criminal defense attorney is your best bet to beat or lessen the severity of criminal charges. Contact Us If You Are Facing a Second Degree Misdemeanor Charge in Ohio If you face a second-degree misdemeanor charge in Ohio, you may feel like you are against the world. However, you don’t have to be alone in your fight to protect yourself. Gounaris Abboud, LPA’s criminal defense attorneys can help you fight to prove your innocence. With over 50 years of combined experience, the attorneys at Gounaris Abboud, LPA, have seen it all and helped countless clients. Our firm is bold in its criminal defense and not afraid to take on the most challenging cases. No matter what the charge is, Gounaris Abboud, LPA, is here to help, so contact us today for a free consultation.

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