Ohio Criminal Defense Blog Posts | Joslyn Law Firm

Driver in Fatal Christmas Eve Crash Intoxicated by Alcohol, Marijuana

On March 13, WBNS-TV reported that the Franklin County Sheriff’s Office said it determined the at-fault driver in a fatal Christmas Eve crash on Interstate 270 (I-270) was intoxicated on multiple substances. The crash occurred on I-270 at U.S. Route 62 on December 24 around 3:30 p.m. when an eastbound black 2000 Ford Explorer lost control of the vehicle, crossed the median into the westbound lanes of I-270, and was struck by a Honda Civic. Tests showed the 38-year-old driver of the Explorer pronounced dead at the scene was under the influence of alcohol and marijuana. The 39-year-old driver and…

Ohio Fighting Synthetic Drugs Problem

Columbus synthetic drugs attorney

WBNS-TV reported on March 2 that Reynoldsburg police said they believe an international substance known as betel nut was illegally imported to Columbus from Nepal or India. Police said several high school students who immigrated from Nepal were caught with betel nut after they were seen acting dazed and disoriented. “We believe there’s a euphoric effect but it also seems to affect their equilibrium,” Reynoldsburg Police Chief Jim O’Neill told WBNS. “There’s a general loss of balance and coordination that goes along with the use of this product.” Health experts told WBNS that betel nut is not a controlled substance…

Annie’s Law Awaits Governor’s Stamp of Approval

Inspired by the 2013 incident where a repeat drunk driving offender hit and killed Annie Rooney as she rode her bike, Ohio lawmakers are waiting for the final go-ahead from Governor Kasich. House Bill 388, better known as “Annie’s Law,” purports to prevent repeat DUI offenders from putting other drivers and pedestrians in danger by imposing more strict precautions on repeat offenders. If Governor John Kasich approves of this bill, all automobiles owned by DUI offenders will require ignition interlock devices. These devices will require the driver to pass a Breathalyzer test to operate the vehicle. Also, this bill will…

Supreme Court Rules Individuals Convicted of Domestic Violence Cannot Own a Gun

Supreme Court Rules Individuals Convicted of Domestic Violence Prohibited From Gun Ownership

Supreme Court Rules Individuals Convicted of Domestic Violence Cannot Own a Gun Today, in Voisine v. United States,  the Supreme Court ruled that individuals convicted of misdemeanor domestic violence are prohibited from owning a gun under U.S.C. §922(g)(9). In another Supreme Court case, United States v. Castleman, the Court established that an individual loses his or her gun rights after being convicted of intentional domestic assault; however, there was still a question of whether an individual could be prohibited from owing a gun when the domestic violence conduct was reckless and not intentional. Short Answer: Yes, an individual convicted of…

Just Because You Don’t Think It’s a Sex Crime, Does Not Mean It Isn’t: An Overview of Sexual Imposition Laws in Ohio

The average person has a general idea of what constitutes rape or sexual battery, but are not aware that certain reckless behavior or sexual contact with an impaired person constitutes the criminal offense of sexual imposition. What is Sexual Imposition? According to Ohio Rev. Code § 2907.06, it is a criminal offense for a person to have sexual contact, cause another person to have sexual contact, or cause two or more persons to have sexual contact with a person who is not their spouse when: The alleged offender knew the sexual contact was offensive or the conduct was reckless; The…

Second Amendment and Gun Rights of Ohio Residents

The Second Amendment of the United States Constitution, which grants Americans the right to keep and bear arms, has been a constant topic of debate since it’s ratification in 1791. Originally, construed to allow individuals the right to keep and bear arms connected to necessary militia service, the United States Supreme Court held in 2008 that the Second Amendment protects an individual’s right to bear arms unconnected with service in a militia. Further, the Supreme Court held that an individual may use arms for traditionally, lawful purposes, such as self-defense within a home. Despite the Supreme Court’s relatively recent clarification…

Domestic Violence Address Confidentiality

Domestic violence is a criminal offense the state of Ohio takes very seriously. For several years, the state of Ohio has allocated considerable resources to special law enforcement investigation units and prosecution teams  dedicated to resolving domestic violence crimes, including rape, stalking, and sexual battery. Prosecution and convictions for domestic violence has risen; however, these measures have not always made domestic violence victims safer. Until last month, the addresses of domestic violence victims were included in public records. This means the home address of a domestic violence victim could be accessed by anyone, including the former abuser, during a public…

Understanding the Legality of Sobriety Checkpoints in Ohio

Ever since Ohio State University quarterback J.T. Barrett was arrested for operating a motor vehicle while impaired (OVI) and illegal backing near a campus-area sobriety checkpoint on Halloween, there has been increased conversation throughout the Buckeye State about what is and is not legal when it comes to these driving under the influence (DUI) roadblocks. A November 6 story in the Columbus Dispatch was entitled, “Are DUI checks fair?” A story entitled, “Stop that nabbed OSU quarterback common” was published in the Toledo Blade on November 16 . The basic constitutionality of sobriety checkpoints was upheld in the United States…

House Bill 347 Aims to Reform Ohio Civil Asset Forfeiture Law

Carrying a large amount of cash is risky. The fear of theft or losing the money is palpable, but new, unlikely culprits have emerged — culprits with a badge and a gun. In recent years, thousands of people nationwide have forfeited large amounts of cash and other property seized by the police without an arrest, a trial, or a conviction. Known as “civil asset forfeiture,” the practice allows law enforcement to seize personal property based only on the suspicion that the property is linked to criminal activity. The government then often legally sells or keeps the proceeds of its ill-gotten…

Attorney for Sealing Records in Columbus, Ohio

Ohio law provides for a two-step process for sealing records. First, the trial court must determine if a person is eligible; only then can it proceed with a determination of facts and decide whether to seal a record. The specific requirements for eligibility vary depending on whether a person is seeking to: Seal records related to arrests and cases ending in “not guilty” findings, dismissals, and “no bill” verdicts; or Seal records of convictions and bail forfeitures. See R.C. 2953.32 and 2953.52. Call the criminal defense attorneys at the Joslyn Law Firm to learn more about sealing a criminal record…