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Cincinnati Criminal Defense Blog

Law enforcement alleges probation violation for sex offender

Ohio State University has become involved in an incident involving alleged probation violations by an out-of-state registered sex offender. The 31-year-old man was placed on probation nearly five years ago after pleading guilty to possessing material that depicted minors performing sexual acts.

In addition to being placed on the state sex offender registry, his sentence included a prohibition on contacting minors through social media websites for the length of his probation. It appears, however, that law enforcement authorities are alleging that he used social media to interact with Ohio State student-athletes and potential recruits in contravention of the terms of his probation. In particular, probation officers charged the man with using a different name to create email, Facebook and Twitter accounts.

Woman arrested on Ohio Interstate faces drug trafficking charges

The Ohio State Highway Patrol took a woman into custody last week on drug trafficking charges. The arrest occurred on Interstate 71, northeast of Cincinnati in Warren County. According to law enforcement, an officer observed that the woman was not leaving enough distance between her car and the vehicle ahead of her.

The officer initiated a traffic stop of the vehicle. After pulling the woman over and approaching the car, the officer noticed what are termed "criminal indicators." The Highway Patrol then brought in a narcotics dog, which gave a signal that drugs were likely located inside in the car. Officers then removed a portion of the car's dashboard, behind which was a package later determined to contain cocaine. Law enforcement determined that the approximate street value of the drugs was $420,000.

Lab examination reveals incorrect DUI blood alcohol results

Laboratory testing plays an important role in many crimes in Ohio, whether the evidence tends to show a person's guilt or instead casts it in doubt. But as indicated in a prior post, laboratory results are not always dependable. In some cases, the laboratory procedure itself may have a significant margin of error. In other cases, technician mistakes can cause false and incorrect results. But in either case, wrong test results can lead to wrongful convictions in the criminal courts.

One state must now reexamine over 1,700 blood samples taken in DUI cases because one laboratory technician's work has been called into question. According to that state's Department of Health, the employee incorrectly determined the blood alcohol content of some samples. It is unknown whether the employee recorded the incorrect results on purpose, but he has lost his job.

Ohio law enforcement stepping up OVI enforcement during proms

April is here and May is fast approaching, and that means high school students in Cincinnati and around Ohio are eagerly anticipating their proms. For many students, the prom is an exciting event that puts a fun capstone on a long year of schoolwork. Prom is indeed cause for celebration, but some students take their revelry too far and decide to drink at or after prom.

Underage drinking can have a number of criminal consequences for teenagers. In addition, students caught drinking may face serious disciplinary action at their schools.

Faulty evidence may have led to many false convictions

Ohio residents who like to watch crime dramas will no doubt be aware of the power of DNA evidence to convict or acquit a defendant. Before the advent of DNA testing, prosecutors relied--and still do rely, depending on the type of evidence--on much more error-prone forms of evidence, and stories of wrongful convictions abound.

But a Justice Department report detailing the practices of a Federal Bureau of Investigation laboratory raises the possibility that many people around the country could have been sentenced to prison for criminal charges that were based on questionable evidence.

Ohio police bust alleged bath salts drug trafficking ring

Many readers may be aware of a new drug's rise to national prominence. That drug is "bath salts," and has been the subject of a number of television programs and news reports documenting its newfound popularity. Users can become addicted to the drug quickly, and in 2011 the Ohio General Assembly responded by making it illegal.

Despite the possibility of facing drug charges, people still continue to use and sell bath salts. According to police reports, last week law enforcement broke up an alleged bath salts production and distribution scheme in Mason. Police seized $685,000 of what they believe to be bath salts, which would make the operation one of the largest not only in southwestern Ohio, but also in nearby states.

Ohio sex offender registration law found unconstitutional

Those charged with committing a sex crime have to contend not only with the severe social stigma that comes from the accusation, but they can also face significant criminal punishments. Besides potential prison time, conviction can mean a lifetime of being listed in the sex offender registry.

Minors became subject to the latter punishment in 2008, when the Ohio General Assembly passed a sexual offender law at the urging of the federal government. At the time, the government was trying to standardize what had previously been a patchwork of state laws on sex offender registration. But this week the Ohio Supreme Court repealed the provision of the law that required minors convicted of the most serious sex crimes to remain on the sex offender registry for their entire lives.

Research could make DUI ignition interlock devices universal

Ohio drivers know that those convicted of a DUI offense face serious consequences, which can include having to use an ignition interlock device. These machines require the driver to provide a breath sample and will not allow the engine to start if the sample contains a certain amount of alcohol. While such devices are currently used only in DUI cases, some speculate that they could be universal, although in an advanced form, at some time in the future.

At the present, the federal government is spending about $10 million to investigate whether it would be technologically possible to have a modified interlock device in every car in order to prevent drunk driving before it occurs. It appears that one of the primary stumbling blocks for universal installation is the device's accuracy. Although proponents claim that the devices have a high degree of accuracy, even a small percentage of errors could mean that thousands of drivers, legally entitled to get behind the wheel, could be unfairly prevented from driving where they need to go.

Fraternity members face felony assault charges at Ohio university

Many organizations perform rituals to symbolize new members' acceptance into a wider group. But few entities' initiation rituals generate as much curiosity as those staged by secret societies and fraternities. Most of the time, they are relatively harmless and mundane, and the curiosity about them is unwarranted. Unfortunately, one fraternity's initiation ritual allegedly crossed the line and led to two of its newest members sustaining injuries.

The two men were pledging the Kappa Alpha Psi fraternity near the campus of Youngstown State University. According to the allegations, current fraternity members struck the men with various objects, including a clothes hanger, fists and a paddle. Nine men were brought before a grand jury, which returned an indictment against all of them. They face criminal charges of felony assault.

DUI targeted as increased priority for Ohio State Patrol

The calendar has turned to mid-March, and St. Patrick's Day is nearly upon us. Many people in Ohio and around the country will celebrate the holiday by going out to a bar or restaurant or by attending a party. St. Patrick's Day has a proclivity towards excessive revelry, and those who imbibe this weekend should be aware of the consequences of a DUI offense.

In addition, police are ramping up their efforts to ensure that people are not violating our state's drunk driving laws. The Ohio State Highway Patrol has announced its goal to make Ohio's roads safer for everyone else by stopping those suspected of driving drunk.

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Robert R. Hart, Jr. Attorney at Law

810 Sycamore Street
Cincinnati, OH 45202
Phone: 513-878-1421
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