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What If The Prosecutor Won’t File Charges? O.R.C. 2935.09

In a story that is breaking today, family members of Tamir Rice are seeking to skirt local prosecutors and ask a judge to issue warrants for murder against the police officers involved in the case.  The lawyers, tired of waiting for prosecutors to take action, are relying on a rarely used Ohio law to expedite their effort to have two officers charged.The cited statute — Ohio Revised Code 2935.09 — allows anyone with information about illegal activity to file an affidavit for an official to review. It was established in 1960 to give private citizens an avenue when they feel police are...

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OVI Checkpoints Miss The Point Says ABI

The American Beverage Institute is an industry-sponsored advocacy group that has stood up to Mother Against Drunk Drivers and their campaing for government funded OVI checkpoints. The beverage group says that the National Highway Traffic Safety Administration and Mothers Against Drunk Driving (MADD) should back off from the roadblocks and instead support roving patrols to catch heavy drinkers. "By promoting sobriety checkpoints, MADD and NHTSA are ignoring the root cause of today's drunk driving problem - hard core alcohol abusers,'' ABI managing director Sarah Longwell said in a statement."Because they are highly visible by design and publicized in advance, roadblocks...

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Middletown OVI Checkpoint Tonight!

There will be a Middletown OVI checkpoint tonight at Ohio 4 near Lafayette. The checkpoint will begin at 7 p.m. and conclude at 10 p.m.  There will be additional saturation patrols in the area. Sign up to receive Middletown OVI Checkpoints text alerts.If you are stopped at the OVI checkpoint you should give us a call at (937) 776-2671.  If you would like more information about me, please click on the "about me" tab above.  We offer free consultations and work with your regarding payments.You can also sign up for free OVI checkpoint alerts at this site, or "like" Dayton...

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Entering A Plea – What Are Your Options?

Entering a plea. Your first appearance is called an arraignment. At this hearing the judge is seeking to determine how your case will proceed. When your case is called in court you will be required to enter one of the following:GUILTY - If you feel you are guilty. The matter will be disposed of and the court may proceed to sentencing immediately. NOT GUILTY - If you feel you are not guilty or if you are in doubt. If you enter a plea of not guilty your case will then be continued to a later date for trial or other disposition. NO CONTEST...

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The New Look Xenia Municipal Court?

Ground will break on the new City Hall and Administrative offices on June 3rd, but the Xenia Municipal Court will not be moving. The new 24,000 square foot administration building will house most of the city’s administrative offices and will allow the Xenia Police Division to expand its operation out of the basement in the current Xenia City Hall building.The Xenia Municipal Court will not be moving, but the facilities will be renovated and the court will have access to more of its current building.  Attorneys and staff are hoping for another courtroom, expanded court clerk areas and additional improvements.  And while...

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Clark County OVI Checkpoint Tonight (May 29, 2015)

There will be a Clark County OVI checkpoint tonight in New Carlisle along St. Rt. 235.  The checkpoint is being run by the Clark County OVI Task Force and there is no indication that the stops will be a NO-REFUSAL/FORCED BLOOD DRAW checkpoint. As you will recall, Clark County Sheriff Gene Kelley has vowed not to participate in No-Refusal checkpoints due to protests which occurred late last year.  The protests were spearheaded by various local organizations loosely tied to the Cop-Block movement.We give you information about checkpoints so that you can plan ahead and designate a sober driver. If you find...

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Dayton OVI Checkpoint (May 29, 2015)

There will be a Dayton OVI checkpoint tonight beginning at 10 p.m.  You can learn about future checkpoints before they happen by signing up for Dayton OVI checkpoint alerts. The Dayton Police Department, along with members of the Combined Agency OVI Task Force of Montgomery County, will hold the sobriety checkpoint in the area of Wayne Avenue and Wyoming Street.  Unlike other recent Dayton OVI checkpoints, there is no indication that this will be a NO-REFUSAL/FORCED BLOOD DRAW checkpoint.We provide this information because if you plan ahead, you can avoid the embarrassment and potential heartache of a DUI arrest.  Call my 24...

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Thanks Miami Valley NORML

On May 16th, I was honored to speak to Miami Valley NORML about how to properly handle a police interaction.  I was also able to pledge the continued support of myself and my office in helping to end the scourge of drug war arrests and make marijuana legal in Ohio. I have devoted most of my professional life to ending the failed War on Drugs.  The speech focused on many ways to know and exercise your rights.This may be the year that Ohio joins other states in re-legalizing marijuana. Miami Valley NORML is an indispensable partner in making this happen....

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A Small Way To Curtail Policing For Profit

Policing for profit is the practice of using the tools of the judiciary (police, municipal courts, probation) to generate revenue for the municipality.  It comes in the form of red-light cameras, speed cameras, license plate readers, speed traps, heavy police traffic enforcement, civil asset forfeitures, high fines and other revenue generating practices. The price of this hidden tax falls most heavily upon the poor who are more likely to find themselves unable to pay and subsequently jailed for minor offenses. It happens here in Ohio and has been addressed by the Ohio Supreme Court.In Ohio, more than 300 "mayor's courts"...

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Dayton DUI Wishes You a Happy Memorial Day Holiday

"Poor is the country that has no heroes.  But beggared is the people who having them forgets." -Col. Wm. A. Jones III, Medal of Honor Recipient-As you pause to remember those who have died in our nation's service, have a safe and relaxing Memorial Day Weekend.  If you find yourself in need of representation resulting from a DUI arrest, contact Charles M. Rowland II at 937-318-1DUI (318-1384) or 1-888-ROWLAND (888-769-5263). ...

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