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Dayton DUI Attorney Charles Rowland > Posts tagged "prosecutor" (Page 2)

Bill of Particulars

Sometimes it is unclear what conduct a prosecutor is alleging against someone that causes the action to be criminal.  If this is the case, a defendant is entitled to a BILL OF PARTICULARS.  Under Criminal Rule 7(E), a prosecutor must set forth the nature of the offense and the alleged conduct of the defendant which constitutes the charge.  The right to a Bill of Particulars is legislatively set forth at R.C. 1905.05(A).  A criminal defense attorney must make a written request for a Bill of Particulars within twenty-one (21) days after the arraignment and no later than seven (7) days...

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Reasonable Articulable Suspicion & Illegal Police Stops

Protecting You From Illegal Police Stops! The Fourth Amendment of the United States Constitution protects you against unreasonable searches and seizures, which  includes being unlawfully or illegally pulled over or stopped by law enforcement.  An officer cannot simply pull you over based on a hunch or intuition.  When a police officer observes a traffic violation, he or she is justified in initiating a limited stop for the purpose of issuing a citation.  State v. Brickman (2001), 11th Dist. No. 2000-P-oo58, 2001 Ohio App. LEXIS 2575.  The legal standard applied to traffic stops is reasonable and articulable suspicion, which means that the...

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The Role of the Prosecutor

In Berger v. United States, 295 U.S. 78 (1935), the United States Supreme Court set forth the unique role of a prosecuting attorney in our system of justice. The [prosecutor] is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all, and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense...

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Kettering Municipal Court, Information and Contacts

If you are arrested on suspicion of  OVI (drunk driving) in Centerville, Kettering, Moraine or Washington Township, your DUI case will be heard in the Kettering Municipal Court.   The Honorable Thomas Hannah and the Honorable Robert Moore serves as judges of the Kettering Municipal Court.  The Kettering Municipal Court, located at 2325 Wilmington Pike, Kettering, Ohio 45420 serves a population of over 117,000.  The court is open Monday through Friday, 8:30 am -- 4:30 pm and can be reached at (937) 296-2461.  You can access KMC on the web at www.KetteringMunicipalCourt.com.  Arrested in Moraine? Your case may be scheduled in...

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State v. King; Prosecutorial Misconduct

Image via WikipediaIn State v. King, 2010-Ohio-3254 the 11th District Court of appeals ruled that Dawn King's arrest for OVI be overturned on grounds that the prosecuting attorney committed prosecutorial misconduct in pointing out that the defendant was an attorney, thereby impliedly reducing the burden of proof required in the case.  This decision was made under a "plain error" standard because the defense attorney never objected to the prosecutor's argument.  Click on the link above to read the full text of the case.Charles Rowland is a Dayton DUI Defense Attorney who has represented clients accused of drunk driving for over...

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Arrested for DUI in West Carrollton, Ohio?

If you are arrested for OVI in West Carrollton, Ohio your case will be heard in the Miamisburg Municipal Court.  The Miamisburg Municipal Court provides justice services for the communities of West Carrollton, Miamisburg, the Village of Germantown, Miami Township and German Township.  The Miamisburg Municipal Court is located at 10 N. First Street, in Miamisburg, Ohio 45342 and is served by the honorable Judge Robert Messham and Magistrate John F. Kolberg.  You can reach the Miamisburg Municipal Court Clerk’s Office at (937) 866-2203.  The Miamisburg Municipal Court’s web site is HERE and you can get contact information HERE and directions to the court...

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Criminal Defense Attorney Quote of the Week

By Alan M. Dershowitz, from the forward to THREE FELONIES A DAY, How the Feds Target the Innocent by Harvey A. Silverglate. The Soviet legal system was evaluated by the Communist Party not by its ability to dispense justice but rather by its efficiency.  As Alexander Solzhenitsyn put it in his masterful work on the Gulag Archipelago, a garbage disposal system is not judged by its fairness but rather  by its ability to dispose of the garbage quickly and inexpensively.  We are not the Soviet system and there is little danger that we will ever reach nadir of injustice.  But, ...

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Dayton Sobriety Checkpoint is a Bust

Image via WikipediaThe sobriety checkpoint Friday, Oct. 30 on North Dixie Drive produced only three arrests for operating a vehicle while intoxicated.  Other citations included nine charges for driving under suspension or without a license, and 21 other violations, including traffic, seat belt and child restraint issues.The checkpoint was set up from 8 p.m. to midnight Friday by the Montgomery County Sheriff’s Office, the Ohio State Highway Patrol and the Montgomery County Combined Agency O.V.I. Task Force, and included saturation patrols in the area surrounding the checkpoint. The sheriff’s office and task force plan extra patrols throughout the Halloween...

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No DUI/OVI Checkpoints Tonight for Dayton, Fairborn, Beavercreek, Springfield or Xenia, Ohio

Image by Renegade98 via FlickrI have checked with WHIO News, the Greene County Ohio State Highway Patrol Post, the Montgomery County Ohio State Highway Patrol Post, the Clark County Ohio State Highway Patrol Post, the Greene County Sheriff and all the other media sources.  All report that there will be no sobriety checkpoints this weekend (Oct 23-25).You can keep abreast of all checkpoints in the Miami Valley by following me on Twitter: www.twitter.com/DaytonDUI.  Have a safe weekend! ...

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Prosecuting Attorney Not Required to Prove Date In DUI Trial

[caption id="" align="alignright" width="210" caption="Image via Wikipedia"][/caption]State v. McFeely, 3/30/2009, 2009-Ohio-1436, 11th District Court of Appeals:  Every prosecuting attorney is taught that they must prove each and every element of the offense including venue, jurisdiction, identification, date and time.Well, maybe not.  The Eleventh Dist. Court of Appeals recently held (in a DUI case of course) that date was not an essential element of the offense.  The big deal here is that date has always been considered an element of the offense and not just a procedural bugaboo.  Holding police and prosecutors to the highest standards...

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