Criminal Defense Blog

Driving Under the Influence of Marijuana

Marijuana is illegal in Ohio for recreational use. Possession of less than 100 grams is considered a minor misdemeanor and is punishable by a fine of up to $150.00. Recently medical marijuana legislation has passed – but so far there isn’t a framework in place for its implementation. The issue at hand is what constitutes… read more

Prosecutor Pet Peeves (A top 10 list)

As a prosecutor the day to day grind of the job can become exhausting.  You are dealing with hundreds of cases, calls, defendants, victims, parents, girlfriends, boyfriends, and the list goes on and on.  As a defendant in a criminal case or a defense attorney, you obviously want to be in the prosecutor’s good graces…. read more

Alternate Misdemeanor Sentencing (AMS) in Indiana

Having multiple OWI convictions in Indiana can lead to some very harsh consequences. If you are charged with OWI in Indiana and have a previous OWI conviction within the last five years, you will be charged with a level 6 felony OWI. Keep in mind, your previous OWI conviction does not need to have occurred… read more

Expungement of OWI Conviction in Indiana

An OWI conviction in Indiana can have many negative consequences on your life, above and beyond what will be required from you as part of your sentence. If your OWI conviction was an isolated incident and not a pattern of criminal conduct over a span of time, there are mechanisms available to “clean up” your… read more

OVI In Kettering Municipal Court

Kettering Municipal Court OVI cases are often resolved by way of a plea. As long as you do not have too high of a breath test we will likely be able to negotiate with the prosecutor and judge to avoid an OVI conviction for first offenders. If your breath test is under 0.120 BrAC there… read more

What happens if I get caught with my fake ID?

If you are under age and present a fake ID to a police officer, you could be subject to a variety of different criminal offenses. A conviction could be as minimal as a fine or community service, or as serious as prison time. If you have been charged with having a fake ID, you should… read more

Even if I’m under 21, I Can Drink with my Parents: Fact or Fiction

Fact Being a professor at Miami University, I frequently have students ask me if it really is legal to drink with your parents even if you are under age. And the simple answer is yes. There is an exception to the drinking age law in Ohio, that allows under aged children to drink in the… read more

OWI Charge for Underage Drinking in Indiana

Indiana law treats OWI charges with underage drinking differently than they do adults. For adults, the legal limit in Indiana is .08 BAC. However, since people under the age of 21 legally are not allowed to even drink, OWI laws are applied differently. Those under the age of 21 can be charged with underage OWI while… read more

OWI Charge for CDL Holders in Indiana

Getting charged with an OWI is bad enough, but what happens when you are charged with an OWI while maintaining a Commercial Driver’s License (CDL)? A CDL is a special driver’s license that allows the license holder to operate commercial vehicles that a normal license holder would not. Due to the special nature of holding… read more

Can I get my OVI expunged?

Short answer, no. In Ohio, the law currently allows a person with one eligible felony and one eligible misdemeanor conviction to have the records sealed. The statute allowing convictions to be sealed has some exceptions. One important one is that no traffic offenses can be sealed. An OVI or DUI in Ohio is a traffic… read more