Ohio offers victims of sexually oriented offenses or stalking the ability to obtain a protection order that prevents the alleged offender from taking specific actions, such as: If you are facing a protection order in Dayton, Ohio, reach out to Gounaris Abboud, LPA as soon as possible. Different Types of Protection Order in Dayton, Ohio A judge can grant a temporary protection order (TPO), which lasts for only a short period until the court can hold a hearing on a full order. The judge can grant a TPO following allegations: Violation of a TPO is a criminal offense. A civil protection order issued under Ohio Revised Code Section 3113.31 applies only to domestic violence situations. That means the alleged act of violence must have occurred toward the accused’s household or family member. A civil protection order can remain in effect from six months to five years. If the alleged victim is not a family or household member, the victim can request a criminal protection order if the accused faces charges for any of the following criminal offenses: The criminal protection order can apply to the alleged victim, as well as their family members, if they are in danger. Stalking or Sexually Oriented Offense Protection Orders in Ohio Stalking or sexually oriented offense protection orders (SSOOPO) are different from customary protection orders in Ohio. To file for an SSOOPO against someone 18 or older, the alleged victim has to file their petition in the court of common pleas in the county they live in. There is no cost to file the petition for an SSOOPO, get the order issued, or enforce the order. Additionally, law enforcement will serve the order free of charge. If the petitioner can show that the suspect engaged in conduct that would cause a reasonable person to believe that their health, welfare, or safety were at risk and that the suspect presents a continuing danger to them, the judge can order electronic monitoring. When someone files for an SSOOPO, the court will hold an ex parte hearing with the accuser and collect information about the circumstances. The judge will then decide whether to issue a temporary protection order until the full hearing occurs. The judge will schedule the full hearing within seven to ten days after the petition is filed. At the full hearing, both parties will have an opportunity to present their side of the case. After the hearing, the judge will decide whether to grant a final protection order, which can last up to five years. Civil Stalking Protection Order in Ohio A victim can apply for a civil stalking protection order in Ohio against anyone who has committed the crime of stalking or menacing by stalking. Menacing by stalking occurs when a person knowingly engages in a “pattern of conduct” that makes the victim believe the stalker will hurt them physically or causes them mental distress. Mental distress typically means any condition that would require counseling or therapy. Examples of stalking behavior include things like: To constitute a “pattern of conduct,” the alleged victim needs to demonstrate at least two actions or incidents of concern by the suspect. Ohio Sexually Oriented Protection Order . A sexually oriented offense occurs when someone commits or attempts to commit: An arrest is not required for a sexually oriented offense protection order. Instead, the petitioner must show that the suspect committed one of the sexually oriented offenses listed above. Violating a Protection Order Violating a protection order is considered a misdemeanor of the first degree in Ohio. A first-degree misdemeanor in Ohio carries a maximum penalty of up to six months in jail and a fine of up to $1,000. If the named party violates a protection order while committing a felony, the violation is a felony in the third degree. A third-degree felony in Ohio carries a maximum penalty of sixty months in prison and a fine of up to $10,000. Should I Hire an Attorney for a Protection Order in Ohio? When the court grants a protection order, they will do so after hearing evidence from both parties to the order. During the hearing, you can dispute the petitioner’s allegations against you and offer your own statement. Having an attorney to represent you during the hearing can prove a valuable benefit to your case. Protection orders often arise in high-stress, complicated situations and can impact your life in many negative ways. Gounaris Abboud, LPA, can provide the information you need to navigate this process and fight a protection order in Ohio. Contact our office today to discuss your case.
Read MoreMake Sure You Appear in Court If You Want to Avoid Additional Consequences Woody Allen allegedly said that 90% of life is just showing up. Judges in Ohio traffic courts require 100% attendance—showing up 9 out 10 times won’t cut it. You could be in a lot of trouble if you miss your speeding ticket court appearance. Missing your court date is never a good thing. Even in times of a global pandemic, you need to appear in court. Not only will you lose your ticket appeal, but the judge might also issue a warrant for your arrest, assess costs against you, and even suspend your license. What should you do if you can’t make your court appearance for a speeding ticket or another moving infraction? The traffic defense lawyers with Gounaris Abboud can help you with your traffic ticket defense. They can go to traffic court with you—or for you—and protect your rights. Contact us online or call (937) 222-1515 today for a free consultation. Why It’s Imperative That You Go to Court You have the right to fight your speeding ticket or other traffic offense in court. These crimes are referred to as minor misdemeanors. You can pay the ticket—thereby admitting guilt—and avoid going to court. However, there are consequences that stem from accumulating too many traffic tickets. For example, the state could suspend your driver’s license. Additionally, your insurance company could increase your coverage rates or drop you altogether. Moreover, if you have a commercial driver’s license, the state could revoke your ability to make a living by driving. Therefore, it makes sense to fight a traffic offense to protect your driving record as well as your way of life. You can go to court to contest the traffic violation allegations if you want. You must appear in court at the date and time the court assigns to you. You have the chance to plead not guilty and have a trial. Keep in mind, that you have a legal obligation to appear in court if the police charge you with a felony or misdemeanor traffic crime. Traffic crimes carry the possibility of going to jail. You must appear at your arraignment date and trial date; otherwise, the court can take matters into its own hands. Consequences for Missing Court When Your Speeding Ticket Court Appearance Is Required Traffic courts are busy. They don’t have the luxury of wasting time processing your case and then putting the resources into it if you don’t show up. The time courts spend on your case is time spent away from someone else’s. Additionally, the prosecution has to call witnesses to come to court for your trial. This costs the state money. Consequently, magistrates and judges can punish you for not appearing. The court can enter a default finding on your docket if you don’t come to court. If you have minor misdemeanor traffic charges, then the judge will find you guilty and order you to pay the fine and associated fees. However, the court will issue a bench warrant for you if you have criminal offenses on your ticket. Having a bench warrant lodged against you means that you are subject to arrest when you’re in public. What are the implications of having a bench warrant out against you? Having a warrant is no way to live. The police can arrest you any time they encounter you. You might think you can avoid the police, but sometimes you don’t have a choice. If you are involved in a fender-bender, get stopped for a traffic offense, or have to call the police if you witness a crime, then you will be arrested. Police often “run” your information when they learn your name. They have to arrest you if the court issued a warrant for your apprehension. You will be brought to court after your arrest if the court is open at that time. If not, you might have to post bond if you are eligible. If you can’t post bond, then you could end up staying in jail until the next time court opens. Therefore, you could spend an entire weekend in jail awaiting your court appearance all because you didn’t go to court when you should have. Additional Consequences for Missing a Court Appearance for a Speeding Ticket Can you imagine your life if a police officer threw the cuffs on you and took you to jail because you missed a court appearance? How would you explain your arrest to your family? What would you say to your boss? You might be embarrassed, especially if you’ve never been in trouble before. Don’t let this happen to you. How Can Gounaris Abboud Help? Gounaris Abboud’s defense attorneys can help you in a variety of ways. First, you can lean on our tremendous experience to help you out of a jam. As we’ve discussed, there are many reasons why you might want to fight a speeding ticket. Gounaris Abboud’s defense lawyers appear in traffic courts in Ohio regularly. We can appear on your behalf and may be able to get your ticket cleared up. If the court insists that you personally appear for your hearing, then Gounaris Abboud’s ticket defense lawyers can ask for another date if you can’t come to court for a valid reason. We can argue your case for you and give you the best possible chance to win your ticket appeal. Contact Gounaris Abboud Today for Further Information About What Happens If You Fail to Appear in Court for a Traffic Ticket Call Gounaris Abboud today at (937) 222-1515 or send an online message to learn more about how we can protect your rights. We offer free consultations. Our award-winning traffic ticket defense lawyers have the experience and knowledge you need to win your traffic ticket case.
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The legal system is harsh when you’ve been arrested for the same crime multiple times. According to Ohio’s laws on Operating a Vehicle Impaired (OVI), punishments increase for a second drunk driving conviction, a third, and so forth. You can fight the charges to get a favorable outcome in your case. To do so, you’ll need an Ohio DUI defense attorney to represent you and fight for your rights. You should also review some critical information about the proceedings. Summary of Multiple Offenses Under Ohio DUI Laws Regardless of how many previous convictions are in your criminal history, the standards for OVI are the same. You can be arrested under two different circumstances: Police pulled you over and asked you to take a chemical test, in which you registered a blood alcohol content (BAC) of .08% or more; or, Officers stopped you and had reasonable suspicion that you were impaired by alcohol. There is a statute about high BAC amounts, which could affect your sentence in a drunk driving case. Any BAC amount of .17% or higher may implicate more penalties. Penalties Increase for a Third DUI Conviction If you’re convicted for a third drunk driving offense for impairment or a BAC over .08 through a chemical test, the criminal punishment is severe. For purposes of the law, keep in mind that the look-back period is ten years. Mandatory sentencing applies for a conviction: A judge may sentence you to 30 days to one year in jail. Upon release, the court may impose at least three months of electronic home monitoring. You’ll receive a mandatory fine of at least $850. Your driver’s license will be suspended for at least 24 months and up to 10 years. Other consequences may also apply in your case. Though you may have limited driving privileges to get to and from school, your job, and other essentials, you’re not eligible for at least 180 days after your arrest. You’ll need to install an ignition interlock device (IID) on your vehicle during this time, and you must attend a substance abuse program. Retain an Ohio OVI/DUI Lawyer Who Will Defend Your Interests There are severe consequences for a third DUI offense, including higher fines, longer terms of incarceration, and other penalties. Don’t put your rights at risk by trying to represent yourself in such a case. Trust one of our attorneys at Gounaris Abboud, LPA to advocate on your behalf. Please contact us to set up a consultation, where we can review your circumstances and determine how to proceed with your defense.
Read MoreParent and child relationship means the legal relationship that exists between a child and the child’s natural or adoptive parents and upon which those sections and any other provision of the Revised Code confer or impose rights, privileges, duties, and obligations. The “parent and child relationship” includes the mother and child relationship and the father and child relationship. How Does Someone Establish Paternity? In some cases, the court must decide parental rights. In other situations, the person is a child’s biological parent. With adoption, it would be a non-biological parent. The parent and child relationship is legal and imposes duties, obligations, rights, and privileges. In Ohio, there are three primary ways to establish paternity. Marriage The most common way to establish parental rights is through marriage. The law assumes paternity when a couple is married when the mother gives birth. Paternity will also be assumed when the child is born within 300 days after divorce or death. Parties have the right to dispute this at a support hearing, but resolving such a dispute would require genetic testing. If the mother is unmarried, the child has no legal father, and parentage must be established by one of the remaining two options. Acknowledgment of Paternity Affidavit The affidavit of parenting time is a form that’s available at the hospital when the mother is in labor. You can also pick one up at the nearest Child Support Enforcement Agency (CSEA). Both parents must complete the affidavit form and have it notarized. Completing the acknowledgment of the paternity affidavit is a voluntary process for establishing the identity of the child’s biological parents. Mothers who have doubts about who the father is should not let someone sign the affidavit. It’s better to proceed with genetic testing first if any doubt exists. Filling out the form requires a photo ID. Each parent must provide their full name, address, date of birth, and Social Security Number (if applicable). The father will also need to provide his birth state or country. Both parents must sign the form in front of a notary, but they don’t need to do it at the same time. For the affidavit form, free notary services are available at hospitals, CSEAs, or local registrars and health departments. Genetic Testing The third method of establishing paternity is through genetic testing. This option usually happens when someone is contesting paternity, or the child’s parentage is in question. Parentage testing is done by swabbing skin cells inside the mouth of the child, mother, and potential father. For the court to confirm paternity, the test results must indicate a 99% chance of paternity. If the court or CSEA issues an order for paternity, the potential father could face legal troubles for not cooperating with the order. When you establish parentage through genetic testing or the affidavit, results are sent to the Central Paternity Registry in Ohio. The Central Paternity Registry (CPR) is a federally-mandated program that requires each state to maintain a paternity registry for all children born to unmarried mothers. Establishing Rights and Benefits For many people, voluntarily establishing paternity is desirable. Parents typically want to have their name on the birth certificate, and they want to enjoy the legal rights and obligations of being a parent. Some of the benefits are as follows: One of the most obvious benefits of establishing paternity is the opportunity for a child to bond with their father. What Happens After You Determine Paternity? What happens once you determine paternity might vary depending on your circumstances. If both parents are in a committed relationship, there may not be a need to file anything with the court. For parents who are not together, it may be necessary to file for custody and child support. The court might issue an order that allocates custody and each parent’s rights and responsibilities. Each parent will have the opportunity to present evidence supporting what they believe to be in the child’s best interests. The court will also request health insurance information and proof of income to determine a reasonable award for child support. Do You Need to Hire a Family Law Attorney? While you are under no obligation to hire a lawyer for parentage matters, it’s definitely wise to do so. The legal team at Gounaris Abboud, LPA, has over 50 years of collective experience in family law matters. We understand how quickly things can turn sour in paternity cases. We can assist you if you are the mother requesting someone get genetic testing or if you are the father who needs help establishing parental rights. Don’t jeopardize your potential rights by trying to handle a parentage case independently. Our family law attorneys stand ready to help. Contact our office at 937-222-1515 to schedule an initial consultation.
Read MoreNo person who is eighteen years of age or older shall engage in sexual conduct with another, who is not the spouse of the offender when the offender knows the other person is thirteen years of age or older but less than sixteen years of age or the offender is reckless in that regard. Under Ohio Revised Code Section 2907.04, if the offender is ten (10) years or more years older than the other person, unlawful sexual conduct with a minor is a felony of the third degree. Age of Consent In Ohio, the age of consent is 16 years old. This means anyone over the age of 16 may have sexual intercourse with anyone else who is also at least 16 years old. It even goes so far as to allow a 16-year-old to engage in sexual intercourse with a 40-year-old as long as it is consensual and the older individual is not in a position of authority (e.g., the 16-year-old’s teacher or priest). Any marriage involving a 16 or 17-year-old girl requires parental consent, but only judicial consent is required if the teenager is a boy. Further, child pornography laws always apply even with incestuous relationships. Even though there may be consent between a 16-year-old and a 30-year-old, the 30-year-old cannot film or photograph the 16-year-old in any state of nudity. Sex Crimes As with any sexual relationship or conduct between adults, it must be consensual. However, there are circumstances that involve individuals who do not have the capacity to provide consent. For instance, the other person’s ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the other person’s ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age. Sexual Battery When a parent or parental figure has sexual intercourse with their child, it is considered sexual battery, which is a third-degree felony in Ohio. A conviction carries a maximum prison sentence of five years, fines of up to $10,000, and sex offender registration. If the child is under 13, then the sexual battery charge becomes a second-degree felony. A conviction is punishable by up to eight years in prison, up to a $15,000 fine, and sex offender registration. Statutory Rape In Ohio, an individual who is 18 or older cannot engage in sexual conduct with a 13 to 16-year-old who is not their spouse. If you have been accused of an incest-related sex crime of any magnitude, contact Gounaris Abboud, LPA, to discuss your case and possible defenses. Ohio Criminal Defense Attorneys At Gounaris Abboud, LPA, our goal is always to provide the best possible outcome for our clients. We have over 50 years of combined experience, and we pride ourselves on providing excellent legal counsel to all who come to us for help. Our award-winning criminal defense attorneys will provide you with aggressive and reliable representation for your case from start to finish. If you have been accused of an incest crime, contact us today to get started on your defense.
Read MoreThe federal government authorizes multiple agencies to investigate several areas of federal crime. An enormous quantity of federal crimes exist. Thus, one agency would get overwhelmed if it were responsible for investigating every single allegation of wrongdoing. Instead, various agencies head federal crime investigations for offenses within their expertise. For example, the Internal Revenue Service (IRS) investigates allegations of tax fraud, tax evasion, and other violations of federal tax codes. If you tasked a group of IRS federal crime investigators with finding a suspected drug smuggler, they would likely not know where to start. Even if you are under investigation by a federal agency, you still have the right to effective legal counsel. Federal criminal charges can result in steep fines, a stiff prison sentence, and a significant stint on probation. Contact one of our federal criminal defense attorneys at Gounaris Abboud, LPA today to represent you. Which Agencies Investigate Federal Crimes? As stated above, several agencies investigate allegations of federal law violations. The various federal agencies hold responsibility for different types of crimes. Federal Bureau of Investigation If you watch law enforcement dramas on television, you have likely heard of the Federal Bureau of Investigation (FBI). The FBI essentially acts as the police for the federal government, making up the largest federal law enforcement agency. It is tasked with investigating a broad range of crimes, including: Additionally, the FBI frequently assists local law enforcement with their investigations, providing lots of additional resources and expertise when needed. Drug Enforcement Agency The Drug Enforcement Agency (DEA) carries responsibility for investigating and enforcing federal drug laws. The DEA primarily focuses on large-scale drug operations that transport the products across state lines or deal in international drug trafficking. In many cases, the DEA and FBI partner with local agencies to take down large drug trafficking rings and prevent smuggling. The DEA also seizes and forfeits any assets that are derived from, traceable to, or intended to be used for drug trafficking. Bureau of Alcohol, Tobacco, Firearms, and Explosives The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is often not as recognizable as some other federal agencies that make appearances across nighttime television programs. However, ATF is responsible for some of the largest investigations. ATF specializes in the enforcement of federal weapons charges, which can include anything from firearms trafficking to the illegal use and storage of explosives. The ATF also investigates arson, bombings, and acts of terrorism. Securities and Exchange Commission The Securities and Exchange Commission (SEC) regulates and enforces federal securities laws to protect investors and improve transparency in the investing process. The SEC oversees participants involved in securities markets and brings civil enforcement actions against parties accused of crimes like insider trading, fraud, or false and misleading statements to investors. Many of the crimes investigated by the SEC are referred to as white collar crimes. In some cases, the FBI assists the SEC in its investigation of white collar criminal activity. Immigration and Customs Enforcement Immigration and Customs Enforcement (ICE) is responsible for enforcing immigration laws as well as investigating criminal and terrorist activity of foreign nationals that reside within the United States. ICE was formed after 9/11 and is the primary investigative and law enforcement branch of the Department of Homeland Security. Fish and Wildlife Service The law enforcement division of the Fish and Wildlife Service (FWS) investigates crimes involving wildlife, regulates wildlife trade, helps conserve wildlife resources, and educates everyday Americans about wildlife protection laws. This is who investigates crimes like poaching or hunting an endangered animal. U.S. Postal Inspection Service The Postal Inspection Service (USPIS) enforces the laws that defend the United States mail system from illegal or dangerous uses. The Postal Inspection Service also supports and protects the USPS and its employees, infrastructure, and customers in whatever ways it can. Does It Matter Who Investigates Federal Crimes? Regardless of which agency investigates the federal crime, the accused party still has the same constitutional rights. It might seem scarier to go into an interview with an FBI agent as opposed to a local police officer. However, the FBI agent has to respect your constitutional rights the same way. Regardless of whether you are facing allegations at the federal or state level, you should contact an attorney as soon as possible. Are You the Subject of a Federal Crime Investigation? Contact Gounaris Abboud, LPA Today Our team of federal defense attorneys at Gounaris Abboud, LPA has over 50 years of combined experience representing individuals with criminal accusations against them. If you or a loved one is facing allegations that you committed a federal offense, you should contact an attorney as soon as you can. Even in the most challenging cases, we pride ourselves on offering aggressive and courageous advocacy for our clients. Contact our office at 937-222-1515, so we can start reviewing your case.
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Ohio’s drug possession laws are some of the harshest in the country. Even the lowest category of felony possession carries up to a year behind bars. If you face felony 5 drug possession in Ohio, the likely outcome could be grim. In fact, a conviction can send you to jail or prison and cost you thousands of dollars in fines, fees, and court costs. Understanding your options will help you make the best choice for your future. The Ohio criminal defense lawyers from Gounaris Abboud, LPA, understand what you’re going through, and we are here to help. Reach us online or call (937) 222-1515 today for a free consultation. How Does Ohio Classify Possession of CDS? In Ohio, charges for possession of a controlled dangerous substance (CDS) are based on the type of substance and the amount you had in your possession. Ohio classifies different substances into schedules, depending on the comparative danger of the drug based on its propensity for addiction and abuse. Schedule I drugs pose the highest level of risk. These are substances that have no identified medical use yet pose the highest risk for abuse, such as ecstasy, LSD, and heroin. Schedule II drugs, although slightly less dangerous, also pose a high risk for addiction and abuse, including cocaine, methamphetamine, oxycodone, and fentanyl. Schedule III drugs pose a lower risk for addiction, including ketamine, anabolic steroids, and medications containing less than 90 milligrams of codeine per dose. Schedule IV drugs pose an even lower risk for addiction, including benzodiazepines (e.g., Xanax), valium, Ambien, and Ativan. Schedule V drugs pose the lowest risk for abuse. This category contains medications used by prescription for coughs, pain, and gastric conditions, including Lyrica, codeine cough syrups, Lomotil, and Parapectolin. The level of charges you face will depend on the type and quantity of CDS you possess. You may face more serious charges if you have prior possession convictions or if any aggravating circumstances apply in your case. Some of the most common Felony 5 possession offenses include: Many other types of drug offenses fall under the Felony 5 category. If you aren’t sure what 5th degree felony drug possession in Ohio might mean for you, a drug possession attorney can help you understand the potential penalties you face. Penalties and Sentencing for Fifth-Degree Possession Charges in Ohio Upon conviction for Felony 5 drug possession in Ohio, you face penalties that include: You also face the potential for driver license suspension as well as the possibility of having a permanent criminal record. You could lose your right to hold professional licensure along with other key civil rights such as the right to vote or possess a firearm. How Can an Ohio Criminal Defense Attorney Help You? If you were arrested or charged with fifth-degree felony drug possession in Ohio, you must act quickly to protect your rights. Before you answer questions or provide any statements to the police or prosecutor, contact a drug possession lawyer to explore your options. Although you might feel you have no options, you might be surprised by what an experienced defense attorney can do for you. When you trust the drug crimes lawyers of Gounaris Abboud, LPA, we will review the evidence and investigate your case to identify any potential weaknesses. We use this information to negotiate with the prosecutor for a reduction or dismissal of your charges. We tailor our legal defense strategies to the details of your case and fight hard to protect your rights and your future. Contact us today to talk with one of our Ohio criminal defense lawyers. Call us at (937) 222-1515 to learn more or contact us online now to learn more about the most likely outcome if you’re facing Felony 5 drug possession charges. Our firm offers free case reviews.
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The Second Amendment to the United States Constitution grants people the right to bear arms. However, this right is not absolute. The State of Ohio reduces this Second Amendment right for convicted felons. If you are a convicted felon, it is imperative to know how Ohio gun laws for felons might impact you. Failure to strictly follow Ohio felon gun laws can lead to severe penalties. Thus, it is crucial that you reach out to an experienced Ohio criminal law attorney to discuss your rights under the law. To get started with a free consultation, contact the experienced team at Gounaris Abboud by filling out our online form or calling (937) 222-1515 today. Understanding Ohio Gun Laws for Felons A convicted felon in Ohio who is caught with a gun can face potential fines and even jail time. Further, this can be the case even if the gun is not necessarily working or if it is on your body. Accordingly, it is extremely important to understand the law in this area. Failure to understand the law can lead to additional charges, making matters worse. Ohio Felon Gun Laws: An Overview Under Ohio Revised Code § 2923.13, a person may not “knowingly acquire, have, carry, or use any firearm or dangerous ordnance,” if the person is: Thus, even if you are not a convicted felon, these laws may still apply to you. For the purposes of this section, Ohio law defines a “firearm” as “any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant.” Notably, a firearm will also include an unloaded firearm or one that is inoperable but that can “readily be rendered operable.” Additionally, a “dangerous ordnance” includes: As you can see, many objects can lead to a violation of Ohio felon gun laws. If you have been charged with possession of a firearm by a convicted felon in Ohio, contact an experienced attorney today to discuss your rights and remedies under the law. Penalties for Violating Ohio Gun Laws for Felons Violating Ohio Revised Code § 2923.12 will result in a third-degree felony charge. A conviction on such a charge can result in a prison term of up to 36 months. In addition to prison time, a violation of Ohio gun laws for felons can result in fines of up to $10,000. Can a felon own a gun in Ohio? Convicted felons can face grave consequences if they are charged with possession of a firearm. However, this does not mean that there is nothing you can do. Depending on your situation, you may have valid defenses that can potentially lead to a reduction or dismissal of your charge. Contact an Ohio Criminal Defense Attorney Today If you have been convicted of a felony in Ohio and are now being charged with possession of a firearm, we want to help. At Gounaris Abboud, LPA, we have extensive experience providing high-quality legal counsel to clients in need. With more than 50 collective years in practice, we know what it takes to successfully defend criminal defendants in the most difficult times of their lives. Contact us online or by phone at (937) 222-1515 today to see how we can help you. We offer free, no-obligation consultations.
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There is a big difference between a standard breathalyzer and a portable breath test—also called a PBT test or portable breathalyzer. Although both tests measure a person’s blood-alcohol level, the results from the PBT test are not admissible in court. The results from a standard breathalyzer may be admissible in court if the prosecutor satisfies the legal requirements. Successfully defending a charge of operating a vehicle while intoxicated (OVI) often starts with challenging the validity of the prosecutor’s evidence. Having an OVI defense lawyer who knows the law and understands how to challenge breathalyzer results successfully could mean the difference between a conviction and an opportunity to walk away without penalties. In the Dayton area, Gounaris Abboud, LPA, is the team you can trust to help protect your rights and your future. Admissibility of Breathalyzer Results in Ohio The Ohio Revised Code § 4511.19 is the State’s OVI statute. The statute says a person cannot drive a motor vehicle under the influence of alcohol. Notice that this law states that you must be experiencing the effects of alcohol and actually be impaired. However, the “per se” OVI rule states that if you have a .08% blood-alcohol concentration (BAC) you are breaking the law—whether you are actually impaired by the alcohol. More specifically, the .08% BAC means that the ethanol in your system meets or exceeds .08 grams in 100 milliliters of blood or .08 grams in 210 liters of breath. It is illegal to drive with that much alcohol in your system, regardless of its impact on your ability to drive. Ohio’s OVI law allows for the analysis of breath, urine, whole blood, blood serum, or plasma to determine if the person is OVI per se. Admissibility of Breath Tests in Court A prosecutor cannot simply discuss the breathalyzer test in court without meeting the legal requirements to introduce the results into evidence. Unlike in television shows or movies where the characters freely talk about evidence, Ohio law imposes strict rules that the parties must meet before the judge or jury can hear the evidence. In court, the judge calls that process “laying a foundation.” Foundation for admissibility The prosecutor must lay the proper foundation before the judge allows the breathalyzer results into evidence. The OVI law explicitly states that a breathalyzer test taken within three hours may be admitted into evidence at trial to prove the accused’s blood-alcohol level. Any breath sample taken more than three hours after the arrest is not admissible. Ohio’s OVI law states that the arresting police officer must ask the person under arrest for OVI to take a chemical test. Next, the officer must warn the person about the consequences of refusing a breathalyzer test. Finally, the breath test must meet the methods approved by the Ohio Director of Health. Requirements for test admissibility The director of health publishes the requirements for breathalyzer tests. The requirements include: Setting guidelines for testing methods; Establishing qualifications of individuals authorized to administer the tests; and Certifying each person allowed to administer the breathalyzer. The director also has the authority to revoke any certification issued. Before the prosecution can offer the breathalyzer test results in evidence, the prosecutor has to show that the breathalyzer machine worked adequately and that a certified breath test operator administered the test. Part of this process is proving that the testing officer followed the checklists and recorded the data on the right forms. This process also includes testing the solution in the breathalyzer every seven days. What Can Happen If the Police Do Not Follow the Breathalyzer Rules? The judge can exclude the breathalyzer test results if the prosecutor fails to lay the proper foundation to admit the test results in evidence. The judge can also exclude the results if the machine was not in working order or the officer who gave the test was not certified. Without the test results in evidence, you stand a better chance of winning the case. Are PBT Results Admissible in Ohio Courts? A police officer who pulls you over can administer a portable breath test at the scene. The officer might be able to use that test result to help determine whether probable cause exists to arrest you for OVI. But that’s as far as this evidence can go. Courts in Ohio do not allow PBT evidence at trial. The officer cannot testify to the result or even state that the officer gave you the test. And unlike the refusal of a proper breathalyzer, the refusal to take a PBT cannot be used against you in court. The reason these tests are inadmissible is that courts have determined that PBT machines are highly inaccurate. Unlike breathalyzer machines, there are no reliable methods for testing a PBT’s accuracy. Additionally, there are no testing or certification requirements for a PBT device, unlike a breathalyzer test installed in a police station. Fight the Breathalyzer Results In Your Case with Experienced OVI Defense Lawyers The OVI defense attorneys with Gounaris Abboud, LPA, have tremendous experience fighting OVI cases successfully by challenging the breath test results. Their knowledge, skill, and experience can help you when you need it most. Contact our firm today at 937-222-1515 to speak with an award-winning OVI attorney. We will listen to your needs and help you achieve a successful outcome.
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The Second Amendment to the United States Constitution gives citizens the right to own and carry a firearm, subject to certain limitations. Nevertheless, certain qualifications and limitations prevent millions of Americans from owning a gun. In Ohio, these are referred to as disabling conditions. Ohio law restricts the possession of a gun when a disabling condition, or disability, exists on the part of the possessor. So what does having weapons while under disability mean? It means the defendant possessed a weapon, despite being prohibited from doing so. If you received a charge for having weapons while under disability, Gounaris Abboud, LPA, is here to help. Contact our office online or call (937) 222-1515 today for a free consultation. Ohio Law: Having Weapons Under Disability Ohio law criminalizes having a firearm for individuals who: The offense of having a weapon under disability is commonly referred to as “WUD.” Firearm refers to any gun, whether loaded, unloaded, or temporarily inoperable. Punishment for Weapons Under Disability Charge in Ohio After determining the meaning of WUD, you could be wondering how much jail time you’re facing for a weapons under disability charge in Ohio. Ohio considers a WUD charge a third-degree felony. A third-degree felony carries potential penalties including: In addition to criminal penalties, individuals convicted of WUD can face difficulty finding employment and housing due to the felony conviction. Defenses to Having a Weapon Under Disability Certain legal defenses absolve defendants charged with WUD of liability, resulting in the dismissal of charges or a not guilty verdict. Common defenses to WUD include: The existence of any of these legal defenses presents an opportunity for a criminal defense lawyer to argue that you should not face charges. Contact an Experienced Ohio Criminal Defense Today Weapons charges result in stiff fines and jail time in most circumstances. A weapons charge attorney with Gounaris Abboud, LPA, will review the facts of your case to evaluate the full picture of the charges against you. With more than 50 years of collective experience, our team is more than qualified to defend you against a weapons under disability charge. We know that no two cases are the same, so we take the time to sit down one-on-one with our clients, listen to their situation and desired outcome, and tailor a plan to address those concerns. For a free case review with one of our criminal defense attorneys, call our office at (937) 222-1515 or send an online message today.
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