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Criminal Defense Archives

What does an insanity defense really mean?

The insanity defense has long been identified as a complicated term. After all, this type of defense can be rare and complex -- not to mention that the depths of the human brain are largely unknown. When a suspect wishes a jury to find them not guilty by reason of insanity, there are many factors that tie into this process. Each state, including Ohio, contains its own laws involving insanity pleas. It is important to understand these laws, as they can make all the difference in one's future opportunities.

How do I defend a failure to disperse charge?

When you receive notice of an Ohio criminal charge of failing to disperse, typically the charging authority is alleging that you disobeyed a law enforcement officer’s command that you leave the area where you were. However, as noted by the Ohio Revised Code, there are several elements that the state must be prove in order to convict you of this misdemeanor charge. As such, you will want to review the evidence to see if the proof is lacking as to any one or more elements of that charge.

If I plead guilty to a crime, can that cause deportation?

Yes, it is possible. Sometime non-citizens of the United States who are lawfully visiting or living in Ohio experience the unfortunate event of being the subject of criminal charges. If this has happened to you, there are things you need to know about the effect of pleading guilty to a charge. As noted by the Ohio Revised Code, there are times when pleading guilty to a particular charge may cause deportation under the U.S. immigration rules.

STATUTE OF LIMITATIONS MAY NOT BE A LIMITATION TO SEALING RECORD

On September 27, 2017, the Supreme Court settled a conflict between the Eighth District Court of Appeals and the Fifth District Court Appeals regarding when an individual can apply to have dismissed criminal charges expunged from their record.

Jon J. Saia named to Best Lawyers in America

Have you or someone you know recently been arrested for and charged with a drunk driving offense in Ohio? If so, you may be scared about the consequences you may face. You may also be confused about the process and what you need to do. This is a time when finding the right help matters a lot. Local attorney Jon J. Saia of The Law Offices of Saia and Piatt, Inc. has recently been named as one of the Best Lawyers in America for his drunk driving defense work. He has, in fact, held this designation since 2012.

AG Sessions planning marijuana crackdown to prevent violent crime

“From a practitioner’s point of view, marijuana is not a drug that doesn’t have some danger to it, but it’s not the drug that’s driving violent crime in America,” says the co-chairman of Law Enforcement Leaders to Reduce Crime and Incarceration. “That’s not the drug with which we see so much death and destruction on the streets of America.”

Bill Cosby sexual assault case ends in a mistrial

One of the highest-profile criminal cases in years ended in a mistrial on Saturday. The jury in the Bill Cosby aggravated indecent assault case was unable to reach a unanimous verdict, as is required. They deliberated for a total of six days, first reaching a deadlock on Thursday. The judge asked them to return to deliberations, but they were ultimately unable to return a verdict.

Ohio Supreme Court: Warrantless search of student backpack was OK

If a high school student leaves his backpack on the bus, would it be fair for him or her to expect it to be left unopened? Would it put anyone in danger? What if there was a rumor the student was a gang member?

Cleveland man sent to prison for break-ins

A jury in Summit County found a Cleveland man guilty of the charges filed against him for a rash of break-ins at local businesses. The defendant, who decided to represent himself in court, was sentenced in the Summit County Common Pleas Court to four and a half years in prison.

Ohio Death Penalty Discussed at OACDL President's Seminar

Last month, the Ohio Association of Criminal Defense Lawyers President's Annual Superstar Seminar was held at the Historic Ohio Statehouse following the election of Attorney Jon Saia as OACDL President. Among the urgent topics discussed at the seminar was the return of the death penalty to Ohio.

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