Ohio Criminal Defense Blog Posts | Joslyn Law Firm

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…

Illinois Man Pleads Guilty to Attempted Sex With a Minor

Paul P. Schildhouse, 56, from Aurora, Illinois pleaded guilty on March 22nd, 2016 to one count of attempted unlawful sexual conduct with a minor, which is a fourth-degree felony at Pickaway County Common Pleas Court.  Schildhouse is facing a maximum of 18 months in prison along with a $5,000 fine and plans to be sentenced following a pre-sentence investigation done by the court.  He will also be required to register as a sex offender and if is decided to be imprisoned, must serve five years of post-release control.   Read More about this case at Pickaway News Journal.

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…

Driver Not Guilty of Murder for Ramming Two People With His Car in 2013

Montez Hollins pleads not guilty of murder when he was protecting his fiancee and another woman with them from an armed gunman and accomplice by using his vehicle to slam into the two people.  After a few hours of deliberation among the jury, Hollins was acquitted in the murder of Jason Barry Sr. and attempted murder and felonious assault for injuring Barry’s wife, Kistina Petree which all took place in a West Side shopping center two years prior. Read More about this article in The Columbus Dispatch.

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…

Confidential Informants and Search Warrants in Ohio

In many drug cases in Columbus, Ohio, and throughout Franklin County, law enforcement officers use a confidential informant, also known as a CI. The confidential informant is often facing his or her own criminal charges. Law enforcement officers will negotiate with the confidential information, sometimes through the informant’s criminal defense attorney, for cooperation in setting up another person. In exchange, law enforcement officers will promise not to arrest or prosecute the confidential informant for his or her own criminal charges. In some cases, the confidential informant is actually paid cash or other benefits for the cooperation. The confidential informant then…

Ohio’s Right to a Speedy Trial

If the prosecutor violates your right to a speedy trial, then the case should be dismissed. Your right to a speedy trial means the state must bring you to trial within the time limits proscribed in the Ohio Revised Code. For a first or second degree misdemeanor charge in Ohio, the case must be tried within 90 days unless you waive your right to a speedy trial. Even if your statutory rights to a speedy trial were not violated, the State might have violated your constitutional rights to a speedy trial after a long delay. The statute of limitations is…