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Recent Posts in Criminal Defense Category

  • The Age of Consent in Ohio

    In typical romantic relations, nearly anything is legal as long as both parties consent to the act. However, those under the age of consent can never have legally permissible sexual encounters, even if they are willing participants. Therefore, all Ohioans should know the age of consent in our state. The Age of Consent in Ohio The age of consent in Ohio is 16 years old. Therefore, anyone who is 16 ...
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  • Ohio Hemp Law Causes Issues Prosecuting Marijuana Crimes

    Ohio Governor Mike DeWine signed House Bill 57 into law on July 30, 2019, legalizing the cultivation and sale of hemp and hemp-based products such as CBD. In response to the new legislation, Ohio Attorney General Dave Yost told state prosecutors to hold off pursuing marijuana charges —or dismissing such cases altogether. According to Ohio law, hemp is defined as cannabis with less than .03 percent ...
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  • Is Sexting a Crime in Ohio?

    Teenage romance has evolved with the coming of the digital age. Nowadays, one of the most common forms of flirting is “sexting,” which is defined as sending sexually graphic images or text messages—often through cell phone. But when a relationship ends, the bitter ex may attempt to damage the other person’s reputation in school and the community, causing lasting embarrassment and shame. This ...
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  • Determining the Boundaries of Consent

    Consent is the difference between a fun-filled evening and an illegal act. Unfortunately, many people do not realize that there are boundaries to consent. Here are a few examples of the limitations of consent. People Can Withdraw Consent Many people believe consent is set in stone once it’s given, but that’s not the case. Consent isn’t permanent: people can take away their consent to sexual acts. ...
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  • Ohio Drug Classifications

    One look at Ohio’s controlled substance schedule is all it takes to realize how many different kinds of drugs there are. However, the goal of Ohio’s controlled substance schedule is to classify each of these drugs into a different category. In this blog post, we explain why these classifications exist and how they impact drug crimes . Why Do Lawmakers Classify Drugs? Lawmakers classify drugs for ...
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  • How a Former Prosecutor Can Help Your Criminal Case

    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 ...
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  • What Impacts the Severity of a Drug Charge?

    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 & ...
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  • Penalties for Marijuana Possession in Ohio

    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 ...
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  • Can Social Media Harm My Criminal Case?

    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 ...
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  • Ohio Marijuana Laws in 2019

    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 ...
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  • Drug Deaths in Ohio Increase Due to the Opioid Epidemic

    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 ...
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  • Ohio's New Expungement Statute Explained

    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 § ...
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  • What Crimes Require Me to Register as a Sex Offender?

    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 ...
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  • Stories of False Accusations Ruining Lives

    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 ...
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  • Why You Shouldn't Use a Public Defender

    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 ...
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  • What to Do if You Have Been Arrested

    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 ...
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  • Possible Defenses For Child Pornography Crimes

    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 ...
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  • Sheriffs In Ohio Disagree Over Criminal Gang Warning

    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 ...
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  • FAQ: Criminal Defense

    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 ...
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  • How Can I Challenge Sexual Assault Allegations?

    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 ...
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  • When Does Borrowing Become Stealing in the Eyes of the Law?

    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, ...
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  • What Is the Difference Between Murder & Manslaughter?

    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 ...
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  • What Are the Penalties for a Fake ID in Ohio?

    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 ...
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  • How Does Expungement Work?

    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 ...
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  • What Do I Do If I Was Arrested for Assault for Defending Myself?

    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 ...
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