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Criminal Law

What Is Mandatory Vehicle Forfeiture?

Certain crimes that involve a vehicle in Ohio require the vehicle to be forfeited to the State.

Other times, if a vehicle is used to assist in committing a crime, the vehicle may be forfeited to the State.

The State will have to file for forfeiture and have a hearing to argue why the vehicle should be forfeited.

We have helped many of our clients get their vehicle back and have successfully argued against forfeiture.

If you or a family member have been arrested in Dayton and need to speak with an experienced criminal law attorney – for free – call us at 937-228-9790.

Is Carrying a Concealed Weapon A Felony Or A Misdemeanor?

Carrying a Concealed Weapon can be either a felony or a misdemeanor depending on the circumstances.

The type of weapon concealed, whether it is loaded or not, and your criminal record are some of the factors that determine whether carrying a concealed weapon will be a felony.

For example, if the concealed weapon is a handgun that is not loaded, you will be charged with a first degree misdemeanor.

However, if it is loaded or the ammunition is close by, then it will be a fourth degree felony.

If you conceal a handgun that is not loaded but your criminal record includes an offense of violence in the past or you have a prior conviction for carrying a concealed weapon, then the charge will be a felony.

Any crime that involves a weapon is a charge Judges do not like so it is important to have a qualified attorney represent you.

If you or a family member has been arrested, why not pick up the phone and talk to an experienced criminal lawyer in Dayton. Call us at 937-228-9790.

What is the penalty for Patient Abuse?

Patient abuse is a fourth degree felony and subject to 6-18 months in prison and a $5,000 fine.

Certain circumstances may cause the charge to be a higher felony with more potential prison time.

If you or a family member has been arrested for patient abuse, please call us a (937) 228-9790 for a free consultation.

What is the penalty for Menacing?

Menacing is a fourth degree misdemeanor. As such, it carries a penalty of up to 30 days in jail and a $250 fine.

If it becomes Aggravated Menacing, it will be a first degree misdemeanor with a penalty of up to six months in jail and a $1000 fine.

Both Menacing and Aggravated Menacing are considered to be crimes of violence in Ohio and are not able to be sealed or expunged from your record.

Therefore, it is important to have the right attorney represent you to obtain the best possible outcome.

If you or a family member has been arrested for menacing, please call us at (937) 228-9790 for a free consultation.

What Is The Difference Between A Jury Trial And A Bench Trial?

In a jury trial, 12 of your peers, or 8 in a misdemeanor case, determine whether you are guilty or not of the crime you are accused of.

In a bench trial, the judge determines whether you are guilty or not, and there is no jury present.

Have you recently been accused of a crime and are expected to go on trial?  If so, contact Dayton Criminal Lawyer Patrick Mulligan at 937-228-9790 for assistance during this sometimes confusing legal process.

Yes.  A dismissal for want of prosecution is considered a dismissal without prejudice.  As such, the State can refile its case against you if it so chooses.  However, oftentimes the State elects not to do so.

Are you having difficulties with a criminal case and need some expert advice on where to proceed next?  If so, call the Law Office of Patrick Mulligan at 937-228-9790 for a free consultation.

What Happens After A Grand Jury Indicts Me For A Felony?

Once a Grand Jury indicts you on a felony offense, you will either be issued a summons to appear in court or a warrant will be issued for your arrest.  The first court appearance after you are indicted is the arraignment, at which you will enter a plea and the judge will assign you a bond.

If you or someone you know has questions regarding a felony indictment or any other aspect of criminal law, feel free to contact Dayton Criminal Attorney Patrick Mulligan at 937-228-9790 for answers.

Yes.  If an intruder trespasses in your home or vehicle, you are entitled to use deadly force against them.  As your home or vehicle is private property, you have the right to defend yourself against an intruder.

If you would like to speak to someone about your legal rights with regard to personal property or personal protection, contact Dayton Criminal Lawyer Patrick Mulligan at 937-228-9790 for a free consultation.

When you enter a guilty plea you are completely admitting that you are guilty of the offense, and the plea can be used against you in later proceedings. When you enter a no contest plea, you are admitting the facts alleged by the state but are NOT admitting guilt, and therefore the plea cannot be used against you in later proceedings.

However, guilty and no contest pleas both result in convictions and are the same for sentencing purposes.

If you have been arrested and need legal advice regarding courtroom proceedings, contact Attorney Patrick Mulligan at 937-228-9790 for a free consultation.

You should always plead Not Guilty, and ask for time to hire a lawyer. You will not be penalized for pleading not guilty and later changing your plea.

If you plead guilty or no contest, you will automatically be convicted of the offense, and it can be difficult to withdraw a guilty or no contest plea once it is entered.

If you or a family member has been arrested, pick up the phone and get some advice before it’s too late. Call Attorney Patrick Mulligan at 937-228-9790 – the call is free.