If the police have a reasonable suspicion of criminal activity, they are allowed to conduct a pat-down search. If contraband is within an officer’s plain sight, a search is also allowed. Additionally, during a lawful arrest, you and the area of arrest may be searched. The police may search your home or any other area [...]
General Criminal Law Issues
A “base offense level” of 6-7 points will be the starting position. Certain quantities of points will be added in accordance with the value the improper benefit. If your value exceeded $5000, the court can add from 2 to 30 points to your sentence, depending on the value of the fraud. For example, if the [...]
The Unites States Sentencing Guidelines will be the starting point for determining your sentence. These Guidelines are deemed “advisory”, which means the judge can decrease or increase your sentence from that starting point, for good reason. A point system exists that will be covered, generally, in my next post. Remember…if you or a loved one [...]
Crimes of passion are unplanned crimes that are a direct result of an unexpected and stressful situation. Premeditated crimes are planned and thought out ahead of time. Remember…if you or a loved one has been arrested on a criminal charge in Cincinnati, give our office a call at our 24 Hour Emergency Number at 513 333 0014.
Most importantly, you need a lawyer with experience in the area of law where your problem exists. For example, when facing criminal or juvenile charges, you need a lawyer experienced in criminal and juvenile law. Not all lawyers are experienced in these areas. These are specific areas of law that follow different rules and procedures [...]
Generally, offenders who committed their crimes when they were under 18 are placed in juvenile detention facilities. Many of these detention facilities focus on rehabilitation of the juvenile offender, rather than on pure punishment. In some cases, juvenile detention facilities are used to house offenders who commit a crime that, if not for their age, [...]
An attempt means that you had the intent to commit the crime, you took some step toward committing the crime, but for some reason you did not complete it. Suppose you went into a bank and demanded money from a teller at gunpoint. Then an alarm rang, so you ran out of the bank before [...]
All lawyers, when they graduate from law school, have taken courses in criminal law and criminal procedure. However, once you graduate law school and practice criminal law, there are many new things that lawyers learn over the years which can benefit their client. Law schools teach you the basics, but it takes years of research [...]
Prisons are not beyond the reach of the Constitution. Yet, while inmates do not leave all constitutional rights behind when they enter the prison door, many do go by the wayside. Some of the rights prisoners retain, according to the U.S..Supreme Court, are the First Amendment right to freedom of religion, the Eighth Amendment prohibition [...]
Most states have laws that allow, or possibly even require, the expungement of juvenile records once the juvenile reaches a certain age. In some cases, the records are destroyed; sometimes they are simply “sealed.” Also, in many states, juvenile records are sealed automatically and immediately. The purpose of these laws is to allow a minor who [...]
