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Cincinnati Criminal Defense Blog

Ohio family sues police department for constitutional violations

Law enforcement officials are given the difficult task of preventing and solving crimes. They are given great power to carry out their duties, but they are restrained in the scope of their authority by the Constitution. There are certain things that police officers simply cannot do when conducting a criminal investigation. These issues came into play during a case that involved a house party raid, charges of underage drinking and alleged political intrigue.

In 2007, an Ohio family hosted a double birthday party. A father was turning 52 and his son 21. A number of guests were at the house, including an 18-year-old man. He was drinking alcohol, but his father was also at the party, which made his consumption legal under Ohio law. A police lieutenant had heard of the party and went to the house to break it up.

Search and seizure yields three arrests on drug charges in Ohio

Authorities have placed three suspects in custody in connection with two separate high-value drug busts this past week on Ohio roads.

The first bust occurred on the Ohio Turnpike near Oberlin. Troopers observed a car speeding and initiated a traffic stop. When approaching the car, officers smelled raw marijuana and, citing probable cause, began to look in the vehicle. The search and seizure revealed a quarter pound of marijuana in the driver's backpack, but also turned up significant amounts of other drugs. The suspect had 60 bindles of heroin in powder form and 500 grams of brown heroin. The estimated street value of the drugs stands at $102,000.

Ex-wrestler sentenced in Cincinnati sex crime case

Last month in Cincinnati, a man convicted of failing to inform his sexual partners that he was HIV positive received his sentence. He was convicted of 14 separate counts of felonious assault under an Ohio law that requires anyone who has tested positive for HIV or AIDS to reveal that information prior to having sex with another person. Although he could have faced 112 years in prison, the judge pronounced a sentence of 32 years.

According to the convicted man, he had dreams of becoming a professional wrestler. He also said that he kept his HIV positive status a secret because of the social stigma associated with the disease. He said that he is a caring person.

Citizen aids police in capturing suspected drunk driver

Whether driving in Ohio or another state, it is always important to pay attention to the road. Recently, a man helped police track down an alleged drunk driver. While driving one morning, the man saw an approaching truck drifting in and out of its lanes and decided to take action. He turned to follow the truck and called 911. According to reports, the driver of the truck had hit a car and left the scene of the accident. The driver, a teenager, has been charged with felony hit and run with an injury in addition to misdemeanor DUI with an injury. Bond was set at $13,500.

The man followed the driver until he stopped and exited his car. The man continued to pursue the driver until he climbed a flight of stairs, where the man cornered him. The man waited there until the police arrived and arrested the suspect.

Cincinnati Bengals cornerback pleads out on misdemeanor charges

Many people assume that all professional athletes get away with everything because of their status on a national platform. But professional athletes and other public figures are as in need of a good criminal defense as anyone else when charged with a crime.

Shortly after the Cincinnati Bengals's 2011 NFL Playoffs loss to the Houston Texans, one of the team's cornerbacks was set to face a different trial. The cornerback's non-jury trial for a misdemeanor charge of disorderly conduct was set to begin in Hamilton County Municipal Court.

Ohio pharmacist pleads guilty to avoid over 200 drug charges

Cincinnati pharmacists know just how precarious their jobs are -- they are surrounded by serious medications all day and are filling prescriptions based off of doctors' orders. In the overall scheme of things, they have very little control over who gets which drugs and how much. They also have no control over whether patients will follow their directions or whether they will overdose. Because of this lack of control, when a pharmacists faces prescription drug charges, it calls into question his or her actual culpability.

After a Columbus pharmacist was recently charged with over 200 counts of illegally dispensing prescription pain killers, he chose to plead guilty to one count of illegally prescribing oxycodone. It is unclear how much time the man could have spent in prison if he had been convicted on all 200 plus drug charges, but after pleading guilty to the one count, he received a two-year sentence. He must also complete one year of home detention and perform over 200 hours of community service.

Most juvenile offenders punished like adults will not re-offend

There is a whole side of child sex crimes that people in Cincinnati may not even know about: child-on-child sexual abuse. While many of the juvenile sexual assault cases don't make it into the public eye, it is heartening to know that 85 to95 percent of the children convicted of a sex crime will never be arrested for a sex crime again. Unfortunately, many of the children who have been arrested, even those that have no criminal record, are punished very similarly to adult sex offenders.

One of the hardest child-on-child sexual assaults to deal with are committed by autistic children. For many children with autism, they may not know what is appropriate and inappropriate behavior, making sexual assaults a mistake or misunderstanding. Many of the children were tragically abused themselves and are merely repeating the behavior they learned at the hands of others. Instead of teaching them boundaries, many are processed through the criminal justice system.

Police officer requests suspect receive less-than-maximum sentence

A Cincinnati man has recently pled guilty to aggravated vehicular assault in exchange for a plea deal that only gave him one-fourth of the maximum sentence of 16 years in prison. While this deal doesn't seem particularly out of the ordinary, the person who spoke on behalf of the suspect to the judge who recently sentenced him is. A Cincinnati police officer who was injured in a car crash the man allegedly caused, leading to the vehicular assault charge, requested the judge not sentence the man to the full 16-year prison term.

The man recently admitted that he had been driving on a suspended license in August 2011 when his car drifted into oncoming traffic. The man had been travelling east on Columbia Parkway when he seems to have crossed the center line and collided with the side of the police officer's Chevrolet Malibu. The Malibu apparently was pushed into another car before ending up on the concrete median.

Ohio man pleads guilty in case involving minors

Ohio residents know tough penalties are involved for those convicted of sex crimes. Even so, a strong criminal defense is needed for those accused of such crimes, as these crimes carry a stigma that could negatively impact a person for the rest of their life. An Ohio man may face such a stigma after recently pleading guilty to filming two minors while showering in his home.

The 45-year-old man pled guilty earlier this month to three counts of illegal use of minor in nudity oriented material or performance. No terms have been set, but the man faces a maximum penalty of 24 years in prison and $45,000 in fines. The man's pre-sentencing hearing is set for Jan. 19.

Ohio man sentenced to a year in prison for sending nude picture

It only takes one mistake for Ohio residents to find themselves in trouble with the law, especially when it comes to alleged sex crimes.

Earlier this month, an Ohio man was sentenced to a year in prison for sending a nude photo to a 15-year-old girl last spring. His sentence will also include being placed on the sex offender registry for the next fifteen years.

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Robert R. Hart, Jr. Attorney at Law

810 Sycamore Street
Cincinnati, OH 45202
Phone: 513-878-1421
Fax: 513-338-1992
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