As more emphasis is being placed on sexual assaults by the mainstream media, false accusations for these crimes has also become a concern for many people. We address your concerns in this blog and explain a few ways that you can challenge sexual assault allegations , should the need arise. The Innocence Defense The simplest defense against sexual assault allegations is to claim and maintain that ...
It is easy to make a simple mistake, like forgetting to return an item that you have borrowed. As time passes by, we might forget about what we borrowed, until the person to whom it belongs to comes looking for it. Even if the owner of the item you forgot to return is angry at you for your oversight, your actions do not equate theft if you honestly forgot to give them back their property. Below, ...
Manslaughter is an unlawful killing that doesn’t involve premeditated malice or the intent to seriously harm or kill. The absence of malice makes manslaughter a lesser charge than first or second degree murder. Although manslaughter is a serious crime, its consequences are generally less severe than murder. Below, we explain more about the differences between murder and manslaughter. Voluntary ...
Having or using a fake ID carries serious legal consequences. Although many juveniles find it tempting to use a fake ID for what they might think are seemingly “innocent” or “victimless” crimes , getting caught with a fake ID is no laughing matter. When these people are caught using their fake ID, they find themselves facing much more trouble than they might have anticipated. In this blog, we ...
In Ohio, expungement is considered a legal process in court which allows you to have all public records of a previous criminal conviction cleared and your court file sealed. In other words, an expungement makes it appear like the criminal offense or record never occurred. There are a wide variety of benefits to having your criminal record expunged. Whether you are seeking employment, professional ...
Fights can happen unexpectedly, particularly when one or both participants have been drinking. However, if one person apparently started the fight, can the other person be charged with assault for defending himself or herself? According to Ohio laws, assault is an attempt to cause physical harm to another, while battery is to intentionally or negligently cause offensive physical contact or bodily ...
Recent years have seen an increase in the number of states legalizing marijuana for recreational and medicinal use, as well as decriminalizing possession of pot under certain circumstances – such as when individuals possess a small amount for personal use. While these new laws have been hailed as victories in spite of America’s infamous War on Drugs, they have also introduced new concerns to ...
A wet reckless is a reduced plea deal for drivers charged with driving under the influence of alcohol. Instead of pleading guilty to a DUI , a driver may plead to a wet reckless and evade the harsh consequences of a DUI conviction. A wet reckless plea agreement can reduce the amount of points on your license, keep you out of jail, and minimize the fines you are required to pay. While some states ...
According to Ohio law, recreational marijuana use is still illegal, although people who have a medical marijuana card will be able to possess a small amount of the substance for treatment. These laws are extremely new, however. Medical marijuana use only became legalized in September of 2016. Likewise, dispensaries should be open by September 2018. Until the laws have been finalized, the Ohio ...
While criminal justice reform has transitioned much of the nation’s approach away from draconian laws and sentences that favored harsh punishment over rehabilitation in drug crime cases, there are still very real consequences to being charged with a drug crime. This is especially true when there are aggravating circumstances in a case, such as prior convictions, or when crimes rise to the level of ...
People often despair when they are found guilty in a court of law; however, they shouldn’t worry too much. Criminal cases can be appealed. The appeals process allows cases to be reviewed by a higher court, which usually determines whether there has been an error in the criminal case. If the court finds such a mistake, it may reverse the previous court’s decision. To file an appeal, your best ...
Being pulled over for any reason can be a stressful experience. Whether or not you have anything to hide, a routine stop can quickly go south if the law enforcement officer suspects that you have committed or are currently committing a crime. In this situation, it is extremely important that you are aware of your rights. Sometimes, drivers are not treated fairly or legally by law enforcement, ...
Domestic violence is a serious offense that comes with severe consequences that could follow you around for life. If you have been wrongfully accused of domestic violence in Dayton, you should immediately retain an experienced criminal defense lawyer who knows what it takes to protect you. What is Domestic Violence? According to Ohio Rev. Code Ann., §2919.25 , domestic violence involves knowingly ...
As the world grows increasingly interconnected through computers, the number of people accused of committing internet-related crimes has also grown. These crimes are aggressively prosecuted and harshly punished, which is why it is imperative that you get in touch with a criminal defense attorney as soon as possible if you have been accused of a crime involving computers. If you are facing criminal ...
Theft, robbery, and burglary sound like the same idea, but they are different crimes. Theft, simply put, occurs when one person takes an item (piece of property) that does not belong to him / her. Theft does not involve contact between the victim and the perpetrator. Robbery, on the other hand, happens when a person takes someone else’s property directly from the owner. In other words, personal ...
No matter what the reason may be, it is always nerve-racking to be pulled over by a law enforcement officer. Because a stop can be frightening, it is important that individuals understand their rights in order to safeguard their futures and protect themselves in court. If a person fails to exercise their rights when pulled over by a police officer, they may be subject to facing a lifetime of ...
This week, The National Advocacy for DUI Defense, LLC recognized Attorney Patrick L. Mulligan for the third year in a row. While he is skilled in various areas of law, Attorney Mulligan focuses his practice on DUI and criminal defense law. What is The National Advocacy for DUI Defense, LLC? This organization recognizes the best criminal defense lawyers in each state, basing majority of these ...
We at L. Patrick Mulligan & Associates, L.P.A Co would like to welcome you to our blog! Here, our Dayton criminal defense attorneys will be posting about topics related to criminal defense, such as relevant current events and legislative changes. We believe that our clients should be as well informed as possible about their rights and options. We encourage you to check in regularly to benefit from ...
In Ohio, expungement is considered a legal process in court which allows you to have all public records of a previous criminal conviction cleared and your court file sealed. In other words, an expungement makes it appear like the criminal offense or record never occurred. There are a wide variety of benefits to having your criminal record expunged. Whether you are seeking employment, professional ...