19 December

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Can A Defendant Waive A Jury Trial In Ohio? (by DaytonDUI)

Controversial Jury Bill Dies In Committee Ohio is one of 21 states that give the power to decide whether or not to have a jury trial solely to the defendant. Thus, a defendant can, at any point, decide against a jury trial and opt for a trial only to the judge. This is often done in serious OVI cases wherein a technical or scientific point is the most salient point. It is particularly apt when a defendant wants to avoid allowing the prosecution to enflame the jury with sympathetic evidence of injuries or in cases where the defendant has a lengthy...

13 December

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Judges To Consider Military Service At Sentencing

Posted by Dayton DUI

in Ohio Criminal Law

Ohio appears ready to pass a requirement that judges consider a persons' military service when deciding a sentence in a criminal case. Sub. S.B. 330, proposed by Senator Joe Schiavoni would apply to both misdemeanor and felony charges. "They have been through things that most of us haven't," Schiavoni said. "It's so, so important we consider that before they get thrown into jail and their problems aren't handled properly." Schiavoni says the bill has bipartisan support from both legislators and judges.Here is one version of the key language in the bill requiring consideration of military service at sentencing: (F) The sentencing court...

01 June

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Ohio Troopers Provide 24/7 Patrols of Major Urban Areas

Posted by Dayton DUI

in Drugs & Alcohol, DUI Process, Ohio Criminal Law

Beginning June 3, the Ohio State Highway Patrol will staff 24/7 operations in Hamilton, Cuyahoga and Franklin counties. See full story. The State Highway Patrol is expanding its presence in Ohio's three largest metropolitan areas to crack down on dangerous driving with around-the-clock operations at posts near Cincinnati, Cleveland and Columbus for the first time in its nearly 80-year history. The patrol already has posts providing full-time coverage for other urban areas like Akron, Dayton, Toledo and Youngstown. Agency officials expect the changes to reduce crash fatalities and increase the results from what's known as criminal patrol, which includes drug...

29 May

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Warren County Partnership Targets Drug Traffickers

Posted by Dayton DUI

in Drugs & Alcohol, DUI Process, Ohio Counties, Ohio Criminal Law

The Warren County Drug Task Force announced a new partnership with the Ohio Highway Patrol Thursday to help combat the flow of drugs running through Warren County on Interstates 75 and 71. According to the joint agreement, a sergeant and two troopers with narcotic canines from the highway patrol will work with Warren County Deputy Brian Lewis and his two canines. The agencies will also share information and other resources. If you are a constant reader of this blog you have followed the proliferation of stories wherein the Ohio State Highway Patrol has shifted focus to drug interdiction. What impact...

23 April

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Rowland Participates In Drug Debate

Posted by Dayton DUI

in Ohio Criminal Law

Charles Rowland was honored to participate in a debate as part of the Heroin Seminar at Ohio Northern University which was sponsored by the Department of History, Politics and Justice. The debate on the legalization of heroin was the culmination of an ongoing academic discussion of recognizing, understanding and fighting the abuse of heroin in the community. Prof. Kevin Hill, a professor of law at Ohio Northern University spoke on behalf of keeping heroin illegal and subject to criminal sanction. "Prof. Hill was one of my professors and he is a powerful advocate," said Rowland. Professor Hill's arguments for keeping...

20 March

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You Have The Right To Remain Silent

Posted by Dayton DUI

in Ohio Criminal Law

We frequently encounter jurisdictions that conduct "interviews" with a suspect following an arrest. These interviews are carefully crafted checklists that gather incriminating statements related to the elements of the crime and further attempt to limit mitigating factors which your attorney may later wish to assert. The questions typically seek to establish that the suspect was "operating" the vehicle. Officers will also ask what the person had to eat and drink, when, where and how much. Medical issues, mental issues, eye health, and other questions seek to limit the suspect's ability to later assert a defense to the clues of impairment...

06 February

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What Am I Required To Do Following An Accident?

Posted by Dayton DUI

in DUI Process, Ohio Criminal Law

The crime is referred to as Hit and Run, Leaving the Scene of and Accident, Hit/Skip or Failure to Notify. Here is an overview of what proscriptions Ohio has adopted to punish persons involved in an accident who leave the scene. Because of the serious nature of the offense you should seek a qualified and experienced criminal/traffic attorney to help you combat this charge and give you advice.Ohio law, O.R.C. 4549.02, requires any person who is involved in an accident on public roads or highways to stop and exchange information with the other party.What information must I provide? The statute...

31 January

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Ohio Controlled Substances Act, Drug Schedules

Posted by Dayton DUI

in Drugs & Alcohol, Ohio Criminal Law

If you get arrested for possession of a controlled substance, it feels like your world is falling apart. If you are unfamiliar with the judicial system you are likely scared to death and wondering what will happen. The first and most important decision you can make at this point is to hire an experienced and competent defender. Charles M. Rowland II will file a motion to suppress, aggressively prepare for trial and present your best case to the prosecutor. Preparation leads to better results including dismissal, a reduction in your charge, treatments in lieu of conviction, or an acquittal at...

25 January

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Clark County Prosecutor Sets Up Diversion Program

Posted by Dayton DUI

in Ohio Counties, Ohio Criminal Law

Last week the Clark County Prosecutor's Office sent out a letter detailing a new diversion program. The announced "goal of the program is to promote the efficiency within the Clark County Common Pleas Court while allowing lower level felony offenders an opportunity to avoid the handicap of a life altering felony conviction." The new diversion program is modeled on established programs in Franklin and Montgomery Counties. The letter indicates that approximately 50 people a year will be permitted to take advantage of the diversion program. The program coordinator is Sandee Selner and the Assistant Prosecuting Attorney Greg Morris has been...

23 January

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Big 4th Amendment Win In The United State Supreme Court

Posted by Dayton DUI

in DUI Law, Ohio Criminal Law

Today the Supreme Court of the United States unanimously held that attaching a GPS device to a vehicle and using that GPS device to monitor the movements of the vehicle constitutes a "search" under the Fourth Amendment. Read the decision in United States v. Jones, here. This decision was one of the most anticipated cases in this Supreme Court term and had many civil liberties proponents holding their breath. Associate Justice Antonin Scalia said that the government’s installation of a GPS device, and its use to monitor the vehicle’s movements, constitutes a search, meaning that a warrant is required. “By...

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