ovi ohio first offense

What to Expect from a First Offense OVI in Ohio

Intoxicated driving is one of the most common criminal charges in Ohio. The Ohio State Highway Patrol reports that 19,008 people were arrested on OVI charges in the state in 2018 alone. No matter the specific circumstances, an OVI charge is always a serious matter. Even a first-time OVI conviction could result in a defendant facing severe penalties. Here, our Dayton defense lawyers give an overview of the Ohio OVI laws. We will also explain what to expect if you are facing a first-time intoxicated driving offense. DUI charges in Dayton are heard in the Dayton Municipal Court at 301 West Third Street, Dayton, Ohio.  For a free consultation, please call (937) 222-1515 or fill out our online form today. OVI Ohio First Offense: What Am I Facing? Under Ohio law (Ohio Revised Code § 4511.19), it is unlawful to operate a motor vehicle under the influence of alcohol or drugs. Ohio has graduated penalties for OVI offenses. This means a defendant will face worse penalties with each intoxicated driving offense. Still, a first-time OVI is not a minor issue. For a first-time OVI, you will face both criminal and administrative penalties. Let’s take a look at some of the penalties you might face.  Criminal Ohio OVI Penalties for a First-Time Offender Ohio OVI first-offense penalties will vary depending on your blood alcohol concentration (BAC) level when you are arrested and processed.  If you are convicted for a first-offense OVI in Ohio with a BAC above 0.08% but below 0.17%, it is punishable by the following: Following a conviction, you also face up to three years of driver’s license suspension. If you are convicted of your first OVI in Ohio, but your BAC is above 0.17%, it is punishable by: You can also face these enhanced penalties for a first offense with a BAC below 0.17% but accompanied by a refusal to submit to a breathalyzer charge.  Whether you blew a 0.08% or 0.7%, a first DUI in Ohio has the potential for steep consequences that will undoubtedly impact your life. Hiring a knowledgeable and skilled DUI defense attorney is your best defense at beating the charges. Administrative Penalties: Your License Will Be Automatically Suspended — Unless You Act If you get charged with a drunk driving offense in Ohio, your license will be suspended before you get a hearing on your case. An administrative license suspension (ALS) is imposed by the Ohio Bureau of Motor Vehicles, separate and in addition to any license suspensions imposed by the criminal court judge as a part of an OVI sentencing. You might be thinking, Can I face an ALS for a first-offense OVI? And it might surprise you to learn that you can face an ALS for a first-offense OVI if you refuse to submit to a breathalyzer or blood test.  An ALS is immediately imposed if you refuse a chemical test or the test result shows a BAC that exceeds the legal limit. A refusal to submit to a chemical test will result in a 12-month suspension, and if the test result shows you are over the legal limit, it will result in a 90-day suspension. You can take action to stop this. Contact an experienced OVI Ohio defense lawyer after your drunk driving arrest. You have 30 days to request a hearing to challenge the automatic suspension. Other Collateral Consequences of Even a First-OVI Conviction Driving while intoxicated is deeply frowned upon by most of society. A conviction will carry a negative stigma that may impact your relationship and reputation among your relatives, friends, co-workers, and peers.  In addition to the above statutory penalties for a first offense, you also face the following: Importantly, under Ohio law, OVI’s are ineligible for expungement or sealing, which means a conviction will remain on your record for the rest of your life.  You May Face Additional Penalties if Other ‘Aggravating Factors’ are Present A history of OVI offenses is not the only factor that impacts the criminal penalties in these cases. A defendant could be charged with a more severe OVI offense if: No matter the circumstances of your OVI arrest, you need an experienced DUI defense attorney to advocate on your behalf. Underage OVI Charges In Ohio, as in the rest of the country, you must be 21 years old to purchase and consume alcohol legally. Likewise, if you are under 21 and are caught driving while under the influence, you will face an underage OVI charge. While the legal blood alcohol concentration for adults over 21 is 0.08%, if you are under 21, the legal BAC limit is substantially more strict at just 0.02%. Practically speaking, just a few sips of an alcoholic beverage may put you over the legal limit if you are under 21. An underage OVI can drastically affect your life, affecting your ability to apply for higher education programs, the military, and more.  What Are the Defenses for a First-Offense OVI? While drunk driving charges are serious and consequential, facing a charge does not automatically mean you will be convicted. Prosecutors pursue OVI cases aggressively, but with the proper defense, it is possible to beat the charges. Common OVI defenses include the following: Remember, not every case is the same, and the defense that may have worked for your friend or neighbor may not work in your case. The best way to determine the most effective defense is to meet with our DUI lawyers. We will listen to your story, review and analyze the evidence against you, and strategize your best defense. Speak to a DUI Defense Attorney in Dayton, Ohio At Gounaris Abboud, LPA, our Ohio drunk driving defense lawyers have more than 50 years of experience protecting the rights of our clients. If you or a family member was arrested for a first-time OVI offense, we can help. To arrange a free, no-obligation analysis of your case, please contact our law firm online or call (937) 222-1515 right away. With offices in Dayton, Springboro, and West Chester, we serve clients throughout the region, including in Montgomery County, Warren County, and...

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How Are Juvenile Crimes Punished In Ohio?

If you have a child who has run into trouble with the law in Ohio, you are probably worried about what could happen to them. It’s only natural to worry about their well-being. In addition to many worries a parent has when their child runs into trouble, you are probably wondering about the punishment for juvenile crimes.  It might help you to learn that juvenile crimes and punishment are different from adult punishment. However, even if the punishment is less severe in juvenile court, the wrong result could still have a tremendously negative impact on your child’s future. That’s why your child might need a strong advocate to help them achieve the best result possible. Gounaris Abboud, LPA—one of Ohio’s most recognized criminal defense law firms—has tremendous experience helping young people minimize their trouble after getting arrested for juvenile crimes in Ohio. Contact us online or call (937) 222-1515 today to get started.  What Is the Juvenile Crimes Definition in Ohio? As you may know, the State can prosecute some children as adults. Therefore, you should understand what a juvenile crime is in Ohio. A juvenile or “child” is a person under 18. Therefore, any child who commits a crime must go to juvenile court. If a case starts out in juvenile court, that court retains jurisdiction over the case until the child turns 21. The court keeps jurisdiction over the disposition of the case unless the court transfers the case or the child is deemed a serious youthful offender. Juvenile courts hear misdemeanor and felony cases as well as juvenile traffic cases. However, juvenile courts do not find a child guilty or not guilty. Instead, they use the word “delinquent” unless the child faces trial in adult court.  What Are the Most Common Juvenile Crimes? Unfortunately, some juvenile offenders face charges for very serious crimes like murder and rape. Those crimes are not that common. The most common juvenile crimes include: As you can see, some crimes are ones of status. In other words, an adult cannot commit some of these crimes that, by their very definition, are only crimes when minors commit them. Sadly, some juveniles get into serious trouble. They can face charges such as: These are some examples of adult charges juveniles might face in Ohio.  How Does the Court Determine Juvenile Crimes and Punishment? Ohio juvenile courts focus on rehabilitation. The assumption here is that when a minor breaks the law, it is likely related to some problems going on in their young lives. Juvenile justice aims to help identify and fix the problem before it’s too late, and the child becomes an adult offender. The hope is they can grow up to be productive adults by avoiding the pitfalls and revolving doors of the adult criminal justice system. The court strives to rehabilitate youthful offenders by looking after their physical, mental, emotional, and intellectual well-being. However, this doesn’t mean that children get off without any punishment whatsoever.  Punishment for juvenile crimes is a graduated process. Courts start with the goal of imposing the most lenient penalty possible, depending on the charge. Sanctions then increase as the severity of the crime increases, with the most severe punishment ending in detention at a locked facility. The court has to consider public safety as well as the rehabilitation of the child. That essentially means that the punishment must fit the crime. It can be a delicate balance.  Dispositional Hearing Juvenile judges determine the appropriate penalty for juvenile cases at a dispositional hearing. The judge tries to get as much information about the child as possible before they work to balance all of these competing goals. Judges will want information such as the child’s family history, school history, and perhaps even medical history if it’s relevant. The judge will review the materials and assess the child, the crime, the situation, and the competing goals mentioned above before making an informed decision. Then the judge will hand down a sentence and dispose of the case.   The sentences will range depending on the allegations. However, typical juvenile punishments include: A court can send your child to the Ohio Department of Youth Services after a delinquent finding for either a felony or misdemeanor. Detention for a misdemeanor is a maximum of three months.  What Is the Punishment for Juvenile Crimes if the Court Tries Your Child As an Adult? The severity of the offenses brought against your child, as well as their criminal history, will determine whether their case ends up in juvenile or adult court. The first category of offenses that could result in your child facing trial as an adult include: Your child could go to adult court for these charges if they are 16 years old or if they are 14 or 15 and have an adjudication of delinquency on their record for another serious crime. The second category of offenses that can be heard in adult court are: Your child might be tried as an adult if the State charges them with one of these crimes and they have a prior criminal record, or the current allegations involve the use of a firearm.  Contact an Ohio Juvenile Defense Attorney Today Contacting an experienced Dayton, Ohio juvenile crimes defense attorney from Gounaris Abboud, LPA could give your child a chance to avoid punishment or suffer minimal punishment for their juvenile acts. We are a firm that has been recognized by our peers for our excellent work. We have been included in the Ohio Super Lawyers list, and we’ve been ranked in the National Trial Lawyers “Top 100 Trial Lawyers” list. You can trust us with your child’s future. Contact us online or call (937) 222-1515 today for a free consultation.

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Ohio Theft Laws

Ohio Theft Laws & Petty Theft Laws

Your Questions About Ohio Theft Laws Answered Ohio theft law involves two general questions: Has a theft occurred, and if so, what penalty might apply? Because theft is a crime in Ohio, committing theft can lead to criminal penalties. These can include a fine, jail or prison time, or both. If you are facing a theft charge in Ohio, an experienced Ohio theft crime lawyer at Gounaris Abboud, LPA can help you understand the charges against you, potential penalties, and defense strategies. Call (937) 222-1515 or reach us online for a free consultation. Why Choose Our Theft Crime Lawyers? OHIO THEFT LAWS FAQ Did a Theft Crime Occur Under Ohio Theft Laws? First, it is important to understand what conduct is considered theft under Ohio’s theft law. Ohio theft law makes it a crime to knowingly obtain or exert control over another person’s property or services by unlawful means. Taking another’s property is unlawful when it is: Also, the Ohio theft law requires that the person take the property or service with the intent to permanently deprive the owner of that property or service. For example, it is not theft to take another person’s bicycle without their permission if you intend to return it after a short ride around the block. It is theft, however, to take the bike intending to ride off and never return. If a person unlawfully takes the property of another with the intent to deprive the owner of that property permanently, then that person committed a theft. OHIO THEFT LAWS FAQ What Criminal Penalties Apply Under Ohio Theft Laws? If a theft occurred, the next question to ask is, what penalties might apply upon conviction? The penalties that apply depend on the seriousness of the theft. The least serious class of theft is petty theft which is classified as a misdemeanor. More serious theft offenses are felony offenses. Ohio’s theft laws classify theft as petty theft or felony theft based on the value of the property or services stolen. The type of property can also determine the class of the offense. Ohio’s theft laws supply criminal penalties for each type of petty and felony theft offense. In general, the more serious the theft offense, the more severe the penalty. PETTY THEFT OHIO FAQ Ohio Petty Theft Laws Ohio theft laws outline when theft qualifies as petty theft. Petty theft occurs when the value of the property stolen is less than $1,000. Ohio petty theft laws make petty theft a misdemeanor offense. Petty theft in Ohio is punishable by a maximum fine of $1,000 and up to 180 days in jail.  FELONY THEFT OHIO FAQ Ohio Felony Theft Laws In Ohio, theft is a felony if the value of the property stolen is more than $1,000. Felony theft can be in the first, second, third, fourth, or fifth degree. The least severe penalties apply to fifth-degree felony theft, which is the least serious type of felony theft offense. First-degree felony theft is the most serious type of theft offense, and it carries the most severe punishment. Fifth-Degree Felony Theft Theft is a fifth-degree felony when the value of the stolen property or services is between $1,000 and $7,500. Theft is also a fifth-degree felony when the property taken is: Fifth-degree felony theft is punishable by a fine up to $2,500 and a prison sentence between six and 12 months. Fourth-Degree Felony Theft (Grand Theft) What is the penalty for grand theft in Ohio? Theft is a fourth-degree felony, also called grand theft, when the value of the property or services have taken between $7,500 and $150,000. Grand theft also results when the stolen property is a: The penalty for grand theft includes a fine of up to $5,000 and a prison sentence between six and 18 months. Third-Degree Felony Theft (Aggravated Theft) Third-degree felony theft is theft of property that is worth more than $150,000 but less than $750,000. The theft is also a third-degree felony offense when the property was stolen is a: Penalties for third-degree felony theft include a maximum fine of $10,000 and between one and five years in prison. Second-Degree Felony Theft (Aggravated Theft) Second-degree felony theft results when the value of the stolen property is between $750,000 and $1,500,000. Felony theft in the second degree is punishable by a fine up to $15,000 and a minimum prison sentence between two and eight years. First-Degree Felony Theft (Aggravated Theft) When property or services have taken are worth more than $1,500,000, the theft is a first-degree felony. Criminal penalties for felony theft of the first degree include a fine up to $20,000 and a minimum prison sentence between three and 11 years. OHIO THEFT LAW FAQ Facing Theft Charges in Ohio? Contact a Defense Lawyer at Gounaris Abboud, LPA If you are facing a theft crime charge, your next step is to seek help from an experienced theft crimes attorney. At Gounaris Abboud, LPA, our job is to protect your rights. The theft crimes defense lawyers at Gounaris Abboud can help you understand the charges you face and explain how to present your best defense. To learn more about how the defense lawyers at Gounaris Abboud, LPA, can protect you, contact our office today at (937) 222-1515 to schedule a free. initial case evaluation.

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ohio felony sentencing

Ohio Felony Sentencing

Ohio felony sentencing laws classify felony crimes into five categories, or degrees, ranging from most serious to least serious. Felonies can be first, second, third, fourth, or fifth-degree offenses. Felonies can be first, second, third, fourth, or fifth-degree offenses. First-degree felonies are the most serious class of felony, and fifth-degree felonies are the least serious. Felony sentencing laws in Ohio also include unclassified felony offenses. Unclassified felonies are not categorized by degree. These are very serious offenses. Learn how we can help you during your free consultation. Call (937) 222-1515 or reach us online today. Felony Crimes by Class & Sentence Each felony category corresponds to a specific sentencing range. The sentence is proportional to the seriousness of the offense. More serious felonies get longer prison sentences. Ohio felony sentencing laws may also require mandatory minimum sentences for certain felony offenses. First- and Second-Degree Felonies First-degree felonies are the most severe category of offenses. For example, first-degree felonies include: The minimum Ohio felony sentences for a first-degree felony range from three to 11 years in prison. Second-degree felonies are the next most serious level of offenses. These offenses include, for example: Second-degree felonies can result in minimum prison sentences from two to eight years. Indefinite Sentences for First- and Second-Degree Felonies A new Ohio felony sentencing law requires indefinite sentencing for certain first- and second-degree felony offenses. First- and second-degree felonies committed on or after March 22, 2019, and that are not subject to life in prison are punishable by indefinite sentencing. Indefinite sentencing means that a judge will select a minimum sentence from the specified range of penalties. The judge will then determine the maximum term by adding 50% of the minimum term. For example, if a defendant is convicted of kidnapping, a first-degree felony, the judge may select a minimum term of six from the specified sentencing range. The maximum term, in this case, would be nine years. Find Out More Information From Our Blog This is because 50% of the minimum term of six years is three years, which is then added to the minimum term for a total of nine years. The defendant, thus, will serve six to nine years in prison. Third-Degree Felonies Some third-degree felonies are subject to longer sentences ranging between one and five years. Offenses subject to the longer sentencing include, for example: However, most third-degree felonies are punishable by shorter sentences ranging between nine months and three years. Are You Being Charged with a Felony? Fill out the confidential form below describing the details of what you are being charged for and then we can begin to evaluate your case. Fourth-Degree Felonies Crimes classified as fourth-degree felonies include, for example: Felony sentencing in Ohio for fourth-degree felonies can range between six and 18 months in prison. Fifth Degree Felonies Fifth-degree felonies are considered the least serious felonies. Examples of fifth-degree felony offenses include: In Ohio, felony sentences for fifth-degree offenses range between six and 12 months in prison. Unclassified Felonies Unclassified felonies are felonies that are not classified by degree. Unclassified felonies include, for example: Ohio law supplies specific sentences for unclassified felonies. Sentences for aggravated murder, for instance, can include death, life without the possibility of parole, or life with the possibility of parole after 20 years. In Ohio, felony sentences for murder range from 15 years in prison to life in prison. Mandatory Sentences Ohio felony sentencing laws may also impose mandatory prison terms in some cases. For example, Ohio requires mandatory sentences for aggravated murder, murder, rape, or attempted rape of a child under the age of 13, and first- or second-degree felony drug trafficking. In these cases, a court must impose a sentence or sentence range specified for the offense. Contact an Experienced Ohio Felony Sentencing Lawyer Ohio felony sentencing is complicated and depends on the specific circumstances of each case. If you face a felony charge, it is imperative to your defense that you speak with a lawyer experienced in felony sentencing in Ohio. At Gounaris Abboud, LPA, we have over 50 years of combined experience in criminal defense. The defense lawyers at Gounaris Abboud, LPA, can help you understand your case and can discuss possible defenses to overcome your charges. We offer a free initial case consultation. To schedule yours, contact our legal team today at (937) 222-1515. TLDR; Quick Reference Section First-degree felonies include: Second-degree felonies include: Third-degree felonies can include: Fourth-degree felonies can include: Fifth-degree felonies can include:

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Driving Without a Valid Operator’s License in Ohio

Every state within the United States controls driving privileges by requiring anyone operating a motor vehicle to have a valid driver’s license. Further, drivers are required to abide by laws and restrictions when driving. Should a motor vehicle operator break the law one too many times, they may have their driving privileges revoked. This means they no longer have a valid driver’s license and cannot lawfully operate a car. Each state has its own particular requirements and penalties. If you were caught driving without a valid operator’s license in Ohio, there are a few different charges you could face depending on the specific circumstances. The penalties can range from minor fines to license suspension and even incarceration. Reach out to our experienced Ohio attorneys at Gounaris Abboud, LPA, to discuss your case and defense. Ohio Law In Ohio, no person is allowed to operate any motor vehicle on a public road or highway or any public or private property used by the public for purposes of vehicular travel or parking unless the person has a valid driver’s license.  Is it Illegal to Drive Without Your License on You? Even if you have a valid license, it is still against the law to drive without having your license in your possession. So you might be wondering, What happens if you get pulled over without your license on you? Drivers are required to have their license on them anytime they are operating a motor vehicle. If the police catch you driving without your license on you, but you have a valid driver’s license, this is still a violation of Ohio law.  Specifically, you may be issued a ticket for driving without proof of license in Ohio. If found guilty, you could face up to six months in jail and up to $1,000 in fines. Expired Drivers’ License If you are convicted of driving without a valid driver’s license in Ohio because your license is expired, you will be charged with a minor misdemeanor and face a fine of $150. No Operator’s License: Ohio Fine and Penalties We are often asked, What happens if you get caught driving without a license but with a permit in Ohio? A learner’s permit is not a driver’s license and does not allow operators to drive carte blanche. There are restrictions during the learning and provisional process that must be followed. Drivers with a temporary instruction permit under the age of 16 must have a parent, guardian, or licensed driving instructor in the passenger seat while driving. If the learner is 16 or older, they are bound by this restriction only between the hours of midnight and 6:00 a.m. Otherwise, they must be accompanied by a driver over the age of 21. In both scenarios, the supervising driver cannot be intoxicated. If you violate these provisions, it could result in an extended probationary period. Penalties It may not be the crime of the century, but driving without a license can result in significant consequences. Two of the most common penalties are fines and further license revocation or suspension. Can you go to jail for driving without a license in Ohio? Depending on the specific offense and your prior driving record, you can potentially face jail time for driving without a license. First Offense Generally, a first offense for driving without a license in Ohio will result in only fines and fees. You may also be sentenced to a community residential sanction, otherwise known as community service. If you are convicted of driving without a valid driver’s license and have never been licensed, your charge would be an unclassified misdemeanor. In addition to a fine of up to $1,000, you could be ordered to complete up to 500 community service hours. Second or Subsequent Offense If you are convicted for second or subsequent driving without a valid driver’s license offense, your charge would be a first-degree misdemeanor. The punishment now increases to up to six months in jail and up to $1,000 in fines. Three-Year Rule The court may impose a license suspension of up to one year if, within three years of the current offense: Under such circumstances, you’d be wise to consult an attorney. Help Is Here At Gounaris Abboud, LPA, we have more than 50 years of collective experience in criminal defense and motor vehicle violations. Driving without a license in Ohio can have serious consequences and even negatively impact your ability to earn a living. We understand things happen at all hours of the day, not just during business hours. At Gounaris Abboud, LPA, we are always available 24/7 to take your call. Contact us to schedule a free, no-obligation consultation with one of our premier attorneys.

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  • September 21, 2022
  • OVI

OVI Resources in Dayton

According to the National Highway Traffic Safety Administration (NHTSA), the United States saw 11,654 fatalities in alcohol-involved car accidents in 2020. In fact, the number of fatalities in alcohol-involved crashes increased by 14.3% from 2019 to 2020. In Ohio, approximately 36% of all traffic fatalities occurred in alcohol-involved accidents. If you are facing charges for operating a vehicle impaired (OVI) in Dayton, contact an OVI attorney at Gounaris Abboud, LPA today. We offer all of our clients the one-on-one attention they deserve. Our attorneys take the time to listen to your needs and address all your concerns about your case. A Dayton OVI lawyer can help you navigate your criminal proceedings and advocate on your behalf. Contact the team at Gounaris Abboud to start your free initial consultation. What Is OVI in Dayton?  Ohio law prohibits motorists from operating a vehicle while under the influence of alcohol, drugs, or any combination of the two. Ohio refers to this violation as OVI or DUI. For drivers age 21 or older, the legal limit for your blood alcohol concentration (BAC) is .08%. If you are under 21, the legal limit is .02%. Ohio considers a first-time OVI conviction a first-degree misdemeanor. A first-degree misdemeanor carries a minimum 3-day jail sentence, a maximum sentence of 6 months in jail, a fine of up to $1,075, and mandatory attendance of a driver’s intervention program for three days. A second OVI conviction within ten years is still considered a first-degree misdemeanor. However, the mandatory jail time increases to ten days, and the maximum possible fine increases to $1,625.  The third OVI conviction carries the following potential penalties: Only OVI convictions received within the past ten years count to enhance your penalty. OVI Resources: Ohio Driver Intervention Program The Ohio Driver Intervention Program (DIP) offers individuals arrested for OVI an alternative to the mandatory three-day jail sentence, at the court’s discretion. The DIP includes small group discussions and traffic safety education on alcohol, drug abuse, and addiction. The educational curriculum offered by the DIP includes the following information: DIPs involve a two- or three-day process of education and screening. All DIPs are certified by the Ohio Department of Mental Health and Addiction Services, and they are usually held at hotels. Locations, dates, and hours of operation are available at most courthouses. A list of DIP locations in Ohio is available online. How Can an OVI Attorney Help My Case?  Hiring an attorney to defend yourself against OVI charges can make a significant difference in your case. We have decades of experience defending OVI cases and have picked up a lot of knowledge and experience along the way. You can rest assured that we will: Do not accept an unfavorable plea agreement before you have a chance to consult with an OVI lawyer. Otherwise, you might face stiffer penalties. Instead, consult with an experienced attorney at Gounaris Abboud, LPA for OVI help in Dayton. Contact Gounaris Abboud Today to Learn About More OVI Resources An OVI conviction can result in serious consequences. Of course, each case is different. However, in many situations, it will be beneficial to obtain an attorney to help you defend your case.  Collectively, our team has more than 30 years of experience in the courtroom. One of our managing partners, Nicolas G. Gounaris, is a seasoned attorney with experience as a prosecutor, magistrate, and acting judge—a background that gives him a unique outlook on defending criminal cases. Additionally, Mr. Gounaris received nominations from his peers to the Super Lawyers list for ten consecutive years, from 2012 through 2021. Further, Mr. Gounaris has been recognized by the National Academy of Criminal Defense Attorneys (NACDA) as a “Nationally Ranked Top 10” in 2014 and 2015 and was named a recipient of the “10 Best Client Satisfaction” Award for Criminal Law by the American Institute of Criminal Law Attorneys in 2014 and 2015. When it comes to fighting OVI charges in court, no case is too complex for our skilled defenders. From start to finish, the experienced and awarded Dayton DUI attorneys at Gounaris Abboud, LPA can help you preserve your liberties.

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What Are Post-Decree Motions?

Once your divorce is finalized, you might assume it’s over, and you won’t have any further dealings with your ex-spouse. However, that is not always the case—especially if you have minor children and are co-parenting. Sometimes one party’s circumstances change, or someone is not abiding by the divorce terms and needs to be held accountable. In these situations, you may need to start the legal process of enforcing or modifying a court order. This process is known as filing a post-decree motion, which can be rather complicated. Hiring an experienced post-decree motions attorney is crucial if you want to ensure that you get the best result possible. Filing for a post-decree modification means going back to court to resolve something after the court has finalized the divorce. The attorneys at Gounaris Abboud, LPA, understand the frustration and stress associated with pursuing a post-decree modification. But don’t worry. We can help you fight to enforce or modify an existing court order. Examples of Post-Decree Modifications You might need a post-decree modification for many reasons. The three main topics that could require filing a post-decree motion are spousal support, child support, and custody agreements. A significant change might have happened since the divorce was final. For instance: These and other significant changes might occur after your divorce is final. If so, Gournaris Abboud, LPA, is here to help if you need to file a post-decree motion. Here is a more in-depth look at each of the common post-decree modifications. Spousal Support Spousal support can be a hotly-debated issue in a divorce, especially when the court orders one partner to pay support. If one spouse experiences a significant change in circumstances, the court may consider modifying the existing award. Usually, a significant change must be something like either party’s involuntary loss of their job. When the payor spouse (the one who pays) loses their job but has diligently paid previous spousal support, the court could change the payment amount or duration of payments. But be prepared for the court to scrutinize whether the situation is a valid hardship.   Child Custody Child custody is routinely discussed in post-decree modifications when it’s necessary to change visitation or the allocation of parental responsibilities. Courts do not take modifications to child custody lightly. Before the judge agrees to any changes in the current custody agreement, the parent asking for a change needs to show the following: Child custody modifications are some of the most complicated post-decree motions. It’s essential to hire an experienced post-decree matters attorney. Otherwise, you could jeopardize your chances of getting the modification you need.   Child Support Child support is something else you might need to address in a post-decree motion. The recipient parent might need to return to court to ask for additional funds because the child’s situation has changed. Perhaps your child needs emergency medical care, has been diagnosed with a severe illness or disease, or has unexpected new school-related costs. These scenarios can point to a significant change in circumstances that requires the court’s review to determine whether additional child support is necessary. It’s also common to address child support in a post-decree modification when something is changing with the custody arrangement. If the parent ordered to pay support now has taken on more parental responsibility and visitation time, they may not need to pay the same amount of support. How a Post-Decree Motion Works You will need to go back to court to enforce or modify a court order from your divorce. Your post-decree motions attorney will file the motion describing what you want and the facts that support your modification request. You will need to serve your ex and give them a chance to respond. Then, you will both go to court on a specified date to discuss the motion and issues in dispute.  Before the hearing date, both sides can conduct their own investigation and gather evidence. This is known as discovery. You might use written questions (interrogatories), oral depositions, requests for the production of documents, and more. The time to resolve post-decree motions varies. In specific scenarios, the resolution could be quick. If both parties can agree on a new arrangement, you may not need to go to court for the trial date. Your attorney will let the court know you’ve reached an agreement, and the judge will review that it’s fair and legal before signing off. Other modifications may require more time, such as reconsidering child custody arrangements. If your ex disputes the motion, you must go to trial, present your evidence, and let the court decide. During the hearing, your attorney will submit your evidence, and you will very likely need to testify. Contact Our Post-Decree Modification Attorneys If you are searching for a post-decree motions attorney, contact Gounaris Abboud, LPA. With more than 50 years of collective experience, we provide high-quality, dedicated legal assistance when you need it most. We understand that going back to court after a divorce can be daunting—but you don’t have to face it alone. Our skilled legal team will be there with you every step of the way. Contact our office today at 937-222-1515 to schedule an initial consultation. No matter what type of post-decree motion you need assistance with, Gounaris Abboud, LPA, can help.

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Social Networking and Sex Crimes

The explosion of social networking, online dating, and smartphone apps in recent years has brought along with it a new onslaught of sex crimes. While most interactions on social media are harmless banter between family, friends, and even strangers, some interactions have a darker side. If you have been accused of an online sex crime, you need to seek the immediate guidance of a skilled online sex crime lawyer.  Apps such as Tinder, OnlyFans, Bumble, and Plenty of Fish all have one thing in common: sex. The purpose of these apps might be to unite individuals looking for a relationship, to just have fun, or to simply promote sexy pictures. And most users go onto these platforms with good intentions. However, there will always be users who harbor nefarious intentions.  Unfortunately, even when your intentions are good, you may find yourself on the wrong side of an accusation.  If you have been accused of a sex crime that stemmed from social networking, you should seek the immediate assistance of an online sex crime attorney. Even a mere allegation can damage your reputation and wreak havoc on your life. At Gounaris Abboud, LPA, our experienced online sex crime lawyer can help you defend your name and freedom. Sex Crimes Online Sex crimes online are taken just as seriously as sex crimes that happen in the real world. Social networking makes it possible for individuals to do or say things they might not otherwise be inclined to do. It is also an arena that allows people to post pictures or videos of themselves with the intention of attracting a date or partner. The nature of these photos and forward actions can sometimes make it confusing for law enforcement to determine what is consensual and what is not. Misbehavior on one of these apps could lead to these common charges: A sex crime online can lead to significant, life-altering consequences. Often, what begins online evolves into a physical altercation.  Unlawful Sexual Contact With Minor What often begins as chatting online through social media or an app can lead to a physical meeting. Unlawful sexual contact with a minor is one such instance. Before meeting up with an individual you are chatting with over the internet, it is crucial to know the identity of this person and that it is, in fact, a consenting adult.  In Ohio, the mere showing of intent to have contact with an underage individual is a crime.  Pandering Obscenity Pandering obscenity is a cybercrime you can be charged with if you aren’t careful when engaging in online activity.  In Ohio, you can be charged with pandering obscenity if you are accused of creating, reproducing, publishing, buying, selling, advertising for sale, publicly distributing, or publicly displaying any obscene material. And if the material involves a minor, the charge is even more serious. A person can even be charged with this crime for merely possessing such material. Pandering obscenity involves knowing the nature of the pictures or performance depicted in the material. If an individual panders obscenity involving a minor, they may face very serious charges of possession and distribution of child pornography. This is why it is so crucial to understand the age of consent and be sure you are conversing and engaging with adults. Solicitation Importuning, otherwise known as a solicitation, is when an individual solicits illegal sexual materials over the internet. Solicitation can take many forms through chat rooms, messaging, and sharing files.  Sex Offender Registry A conviction for any of these sex crimes will most certainly result in mandatory sex offender registration. The degree and severity of the crime will determine how long the court may require you to remain on the sex offender registry. Any length of time on the sex offender registry can be extremely damaging to your reputation. It can prohibit you from finding and maintaining gainful employment or securing a mortgage. Don’t risk your reputation; hire a knowledgeable online sex crime attorney the minute you are accused of a crime.   How Do I Avoid Trouble with Social Networking? Unfornatutely, there is no advice or tip that can guarantee you are never charged with a sex crime from using social media or a dating app. However, you can take certain precautions to protect yourself from unwanted allegations. If all else fails, trust your gut. If it seems like the person might be a minor, it is better to err on the side of caution. Social Networking and Sex Crime Defense Attorneys At Gounaris Abboud, LPA, we have dedicated our career to helping individuals facing the toughest situations. You will always receive one-on-one attention from our attorneys. If you have been accused of a sex crime online, you need sharp representation. Some of our lawyers are former prosecutors. This experience provides them with unique insight and perspective into defending clients accused of a crime. Meet with us today to discuss a tailor-made defense for your case. We are here to take your call.

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Miranda Rights Explained

If you have watched a television show about police officers or crime, you have likely heard of Miranda rights. However, most people do not know when Miranda rights actually come into play and what happens if law enforcement violates them. Unfortunately, a Miranda rights violation is not an automatic get-out-of-jail-free card. In some situations, a Miranda violation can result in getting pieces of evidence excluded from trial. While this may not result in an automatic dismissal, it can make your defense stronger and leave more room to negotiate a favorable plea agreement.  If you have concerns over whether law enforcement officials violated your Miranda rights, contact a criminal defense lawyer with Gounaris Abboud, LPA as soon as possible. We can review the circumstances of your case and help determine whether your Miranda rights were violated.   What Are Miranda Rights? As the basis for Miranda rights, the Sixth Amendment to the United States Constitution guarantees accused criminal defendants the right to an attorney, and the Fifth Amendment guarantees the right to be free from self-incrimination. Once law enforcement officials have you in custody and plan to interrogate you for suspected criminal misconduct, they must advise you of these rights before they proceed. Most police officers will read the same Miranda rights script: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me? Some versions of this script might vary from place to place. However, they all give you the same information. Slight variations of the same information do not generally constitute a violation of your Miranda rights. When Do Miranda Rights Become Relevant? Some people believe that a police officer must read your Miranda rights as soon as they make contact with you. However, this is not the case. Miranda rights do not come into play until officers conduct an in-custody interrogation.  For example, if you are arrested at the scene of an alleged crime and transported to the police station, the officers do not have to read your Miranda rights during the entirety of that period as long as they do not ask you any questions. If they later interrogate you about the crime you were arrested for, then they are required to read your Miranda rights first. If you make voluntary statements during the transport without prompting, those statements will be used against you in court.  Alternatively, if you voluntarily come in for an interview with police, they likely do not need to read your Miranda rights. However, if you are not free to leave the interview upon your own request, that is considered “in custody” for purposes of Miranda.  How Do I Invoke My Miranda Rights? After authorities read your Miranda rights, you can simply state that you do not wish to speak without an attorney present to invoke your rights. You should explicitly state that you are invoking your rights instead of relying on nonverbal communication like shaking your head. If you verbally state that you want an attorney, the interrogation should stop until you get a chance to consult with one. If you invoke your Miranda rights but later ask to talk to authorities, you can waive your rights. That means anything you say is admissible in court. Sometimes authorities will try to convince you to waive your Miranda rights by feigning a potential deal if you speak to them. Remember, the authorities are not on your side and are interested only in proving your guilt. Consult with an attorney before you waive your Miranda rights. What If My Miranda Rights Are Violated? If you invoke your Miranda rights and a police officer continues to interrogate you, your subsequent confessions are inadmissible in court. However, any prior evidence collected against you can still be used for the prosecution’s case. For example, police officers do not collect a lot of information by means of interrogation from the suspected driver at the time of a DUI arrest. Instead, law enforcement uses tools like breath or blood tests to determine the alcohol concentration in one’s blood. As a result, an excluded confession in a DUI case will likely not result in the dismissal of your case. Alternatively, if the prosecution’s entire case rests on a confession that was obtained in violation of your Miranda rights, that could lead to a case dismissal. The legal issues that surround Miranda rights violations often require an in-depth understanding of criminal defense law. Contact an attorney at Gounaris Abboud, LPA today so we can discuss your case. If You Have Other Questions About Miranda Rights, Contact Gounaris Abboud Today Many people treat Miranda rights violations as a cut-and-dried legal issue that can result in a quick, easy dismissal. Unfortunately, this is simply not the case. Understanding the nuances of Miranda rights can take years, even decades. Luckily, our team at Gounaris Abboud, LPA has over 50 years of collective experience fighting for those facing criminal accusations. We pride ourselves on providing our clients with aggressive and reliable legal representation.  Do not make the mistake of trying to handle your own legal defense. Our team has decades of experience navigating the criminal justice process. Let us put that experience to work for you. Contact our office today at 937-222-1515, so we can start reviewing your case.

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Dissolution of Marriage in Ohio

Dissolution vs Divorce in Ohio

Divorce is notorious for being a draining and confusing process. In states like Ohio, even differentiating between certain legal terminology becomes confusing to people new to it all. If you are unfamiliar with the topics of divorce and dissolution of marriage, let’s start with understanding the basics.  Dissolution vs Divorce Ohio law establishes that there are two ways to end a marriage: dissolution vs divorce. Many people have grown accustomed to using the terms interchangeably, but they, in fact, describe two very different processes.  So what is a dissolution of marriage? Ohio procedure provides that the dissolution process is for spouses that reach an agreement on all issues concerning the divorce. This is similar to an uncontested divorce in other states.  On the other hand, the process of divorce is an adversarial process. This means you will have to attend some hearings for the judge on your case to make an official decision on disputed issues.  Dissolution of Marriage More and more people seek to end their marriage in the most amicable way possible. Rather than going to court and potentially subjecting themselves to years of litigation, people are opting to come to an agreement on the way their marriage ends. This way, both spouses control the terms of the divorce without much court intervention. Naturally, both parties may have to compromise on certain issues. However, they gain the benefit of saving time and money by not continuously going to court.  Divorce If there are any issues that you and your spouse cannot agree on, you will need to get a divorce rather than a dissolution of marriage. A judge will hear your evidence and decide any issues you cannot agree to.  In general, before granting a divorce, there must be a resolution on: Parental rights and responsibilities, Child support, The division of assets and debts, and Spousal support. Of course, specific issues vary for each family. For example, for families that have young children involved and a large amount of assets, the divorce decree must account for that. Couples that do not have children will likely only need to focus on assets and spousal support. If spouses did not acquire any assets during the marriage, they may not have many assets to divide, but they may still need to decide how they will pay debts they acquired during the marriage. An attorney can evaluate your situation and help you understand the issues that are most significant in your case. “No Fault” Grounds for Divorce Most reasons for granting a divorce center around the fault or wrongdoing of another party. Under Ohio law, there are only two “no-fault” reasons for divorce: The parties habitually reside in separate residences for at least a year; and Incompatibility.  Most couples seek divorce on the no-fault ground of incompatibility. If you seek a dissolution rather than a divorce, you will not have to identify grounds. What to Expect During Divorce After meeting with your attorney a few times, they will begin drafting the complaint for your divorce. Filing the complaint begins the legal process of divorce. Once your attorney initiates the case, prepare yourself to provide them with additional information concerning your finances. The other party has a right to disclosure of your financial information, so your attorney may ask that you prepare some of your documents in line with the other party’s requests. Some of these documents may include financial documents like tax returns or pay stubs. The other party may also request information about property you may own, insurance information, or anything else affecting your financial status.  If both parties reach an agreement at any point that resolves all issues in the case, the divorce action may be converted to a dissolution of marriage. Ohio law provides that this can be done without the requirement of either party expending additional fees for the conversion. If the parties do not come to an agreement, the case eventually makes it to trial.  Temporary Orders Finances can take a huge hit while you are going through the process of divorce. An experienced family law attorney knows that this is one of the most crucial stages in a divorce since the parties are becoming acclimated to their new financial state. Your attorney can help you request temporary orders from the court while the case is pending. Temporary orders typically concern spousal support, child support, and child custody. Our Dayton Divorce Lawyers Can Help We understand the emotional toll that this process puts on your well-being. Our attorneys aim to provide our clients with legal representation that will make this process as stress-free as possible. Gounaris Abboud, LPA has more than 50 years of collective experience providing high-quality legal services to clients. You can rest assured that you will receive the quality representation that your case needs. Contact Gounaris Abboud, LPA today at 937-222-1515 for a free evaluation.

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