When you are arrested for a criminal offense, a prosecutor—who is an attorney who represents the government—will press charges against you. The prosecution is responsible for obtaining a conviction for the state by presenting convincing evidence to a grand jury. On the other hand, a criminal defense lawyer helps defendants avoid conviction by providing one or more potential defenses that present ...
When people think of prosecutors accusing people of their supposed criminal acts, they often picture a straightforward process that involves little to no critical thinking; however, that’s not how criminal charges work. Every state has its own set of rules and regulations that determines the severity of a supposed criminal act, and Ohio is no different. In this blog post, Patrick Mulligan & ...
Marijuana remains a controversial subject in America, even though several states have legalized its recreational use. Marijuana possession remains illegal in Ohio, however, and getting caught with it in your possession can result in hefty fines, jail and/or prison time. Ohio Marijuana Laws In Ohio, recreational use of marijuana is still illegal. This means that by getting caught in possession of ...
Social media platforms such as Facebook, Instagram, and Twitter are used to connect and communicate with friends, family, and even the entire world, whether it’s sharing personal photos and videos or posting a status update. However, if you are involved in a criminal investigation, law enforcement can use your social media activity as evidence against you. Your social media posts can demonstrate ...
Ohio has not legalized the recreational use of marijuana. However, it does permit the medicinal use of cannabis by individuals with qualifying conditions and has decriminalized marijuana to some degree – particularly when it comes to first- time possession of small amounts. For example, possession of fewer than 100 grams of pot in Ohio is a minor misdemeanor that carries a $150 fine. Minor ...
In 2017, more than 13 people died each day due to drug overdoses, marking a new high as Ohio continues to battle the opioid epidemic. The increased death rate is likely due to more overdoses caused by fentanyl and Carfentanil mixed with cocaine and methamphetamine. Ohio already has some of the highest fatal overdose numbers in the nation, and it’s only been growing in recent years: 2014: 2,531 ...
If you have been convicted of a crime, it can detrimentally impact your future. This is because all of your previous charges and convictions appear on your criminal record, which can be viewed by employers and educational institutions trying to decide whether you should be given an offer of employment or admission. On October 29, 2018, the state of Ohio expanded expungement laws under ORC § ...
As sex crimes attorneys , we are frequently asked about which convictions require registry on the state’s list of sex offenders. Ohio’s registry of sex offenders shows where people convicted of sex crimes live, work, and go to school. A quick glance at the registry will reveal that thousands of people living in the state have been required to register as sex offenders. In 2017, nearly 20,000 ...
Nowadays, it’s nearly impossible to go on social media without seeing stories of sexual assault allegations. It’s good that more victims are coming forward with their stories, but some people are taking advantage of the attention that accusations of sexual misconduct bring about. As a result, false accusations of sexual assault are arguably more common than ever before. Here are some stories of ...
Public defenders are paid by the government and appointed by courts for cases involving defendants who do not have the financial resources to hire a private attorney. However, public defenders are overburdened with their case load and face numerous obstacles caused by an underfunded public defense system. In this blog, we explain why you shouldn’t use a public defender if you are facing criminal ...
Getting arrested can be a frightening and stressful experience, especially if it’s your fist time being put in handcuffs. Below, we explain what you should and shouldn’t do if you are arrested by law enforcement. If you are accused of committing a crime, do the following things: Remain silent and remember that anything you say to police can be used against you in court. Although you do not have to ...
If you are accused of possessing or distributing child pornography, you will face severe penalties, such as going to jail and having to register as a sex offender. Because most of these crimes involve images and videos that are obtained online, it can be easy for somebody to click on a link and end up being wrongly accused of trying to access or possess child pornography . However, if you have ...
Sheriffs in the neighboring counties of Pike and Scioto disagreed over “criminal gang” activity that was allegedly headed to the southern part of Ohio. The dispute was carried out over social media by Pike County Sheriff Charles Reader and Scioto County Sheriff Marty Donini. The disagreement started over an unusual Facebook post made by Reader who warned that the alleged “gang members” were on ...
At L. Patrick Mulligan & Associates, LLC, our team of legal professionals is committed to helping people in Ohio overcome their criminal charges and obtain the justice they deserve. With more than 30 years of legal experience, our lawyers have handled numerous types of criminal defense cases including: Assault Drug Crimes Federal Crimes Juvenile Crimes Sex Crimes Theft Crimes Murder Weapon Crimes ...
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 ...
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 ...
When people think of prosecutors accusing people of their supposed criminal acts, they often picture a straightforward process that involves little to no critical thinking; however, that’s not how criminal charges work. Every state has its own set of rules and regulations that determines the severity of a supposed criminal act, and Ohio is no different. In this blog post, Patrick Mulligan & ...