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.
]]> The university sent out emails to its athletes after it discovered a number of pictures showing the man spending time with athletes in public locations. The allegations have already caused one potential recruit to withdraw his decision to attend Ohio State. Wanting to avoid potential controversy, the high school linebacker has chosen to enroll elsewhere.The man is currently in police custody and could face further charges pending the outcome of additional law enforcement investigation. Convictions on sex crime charges have a lasting effect on a person's life. There is not only the permanent listing on the sex offender registry, but also the social stigma that comes with it. And there is always the potential for incarceration and fines. With these significant adverse consequences, it is important for those accused of sex crimes to vigorously assert their rights as defendants.
Source: Portsmouth Daily Times, "Sex offender from OSU controversy arrested for probation violation," Bob Strickley, May 8, 2012.
]]>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.
]]> Trafficking in narcotics carries substantial criminal penalties. The woman could pay fines exceeding $40,000 and spend 21 years in prison if found guilty of possession of cocaine, possession of criminal tools and drug trafficking.But it is important to remember in any criminal case that defendants have a number of rights. To protect those rights, courts at the federal and state levels have developed a large body of law that describes what law enforcement is permitted to do and what it must refrain from doing. Traffic stops have been a particularly fertile subject for legal discussion over the years, and defendants arrested as the result of a traffic stop should know what rights they have in such a situation.
Source: WLWT.com, "Traffic Stop Leads To $420K Cocaine Bust," May 1, 2012.
]]>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.
]]> The Department of Health estimated that it would take a month's worth of overtime work to perform the necessary checks on all of the technician's samples. Although initial re-testing indicates that the number of wrong samples is relatively small, the fact that any are wrong at all is of great importance to defendants charged with drunk driving.While we may assume that much of the work done by laboratories is correct and performed in accordance with proper procedures, this story demonstrates that lab results can be open to question. The veracity of blood alcohol samples is especially important in OVI/DUI cases, where they often play a vital role in the state's evidence against an alleged drunk driver.
Source: CBS Denver, "Samples From DUI Cases Being Re-Tested," April 20, 2012.
]]>Underage drinking can have a number of criminal consequences for teenagers. In addition, students caught drinking may face serious disciplinary action at their schools.
]]> If the drinking goes beyond mere consumption and moves to drinking and driving, students could face stiffer penalties. And there is always the chance that an impaired driver could get into a car accident and harm someone else. Under such circumstances, the criminal charges and their consequences can increase substantially in severity.Law enforcement is well aware of some teenagers' tendency to drink at prom. One Ohio county Sheriff's Office has already announced that it will be increasing the number of officers on duty this month specifically to make the roads safer as high schools have their proms. The Sherriff's Office noted that its deputies would be focused on catching those drivers who violate the speed limit or drive drunk.
An underage drinking charge or an OVI charge can have a significant effect on a student's future. Students who end up facing those charges need to know the penalties they face and the legal rights they have as a defendant in the criminal justice system.
Source: The News-Messenger, "Deputies will have extra prom patrols," March 28, 2012.
]]>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.
]]> The FBI laboratory in question performed analysis on hairs left at the crime scene or on pieces of evidence to see if they matched those taken from a suspect. Once a respected investigation method--and influential among juries--we now know that hair analysis has a fairly large margin of error.The FBI discovered in 2002 that approximately one out of every 10 cases where hair analysis declares a match is a false positive. In addition, the process by which a laboratory agent determines a match exists is somewhat subjective and results can vary among agents.
In the late 1990s and early 2000s, the Justice Department engaged in a review of FBI laboratory work to determine whether some of the forensic evidence was weak. Problematic cases were turned over to prosecutors, but prosecutors failed to notify defendants or their lawyers in nearly half of them. Many defendants are only now working to clear their names using modern DNA evidence that disproves the earlier hair analyses.
Some of the affected defendants were wrongly convicted on the basis of a few hairs. Their stories demonstrate that juries can be persuaded to issue a guilty verdict on the basis of a scant amount of evidence. Those accused of crimes need a strong criminal defense that will thoroughly question the evidence against them.
Source: The Washington Post, "Convicted defendants left uninformed of forensic flaws found by Justice Dept.," Spencer S. Hsu, April 16, 2012.
]]>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.
]]> There are doubts about the seized substance's composition, however. Two of the defendants have asserted that the substance was not bath salts and have provided lab reports to support their claim. Police have also performed their own lab analyses and have determined that the substance contains chemicals similar to those found in bath salts.The exact nature of the substance may be an important fact as the case moves forward. As in any criminal case, the prosecution must prove each element of a criminal charge beyond a reasonable doubt in order for the jury to find a defendant guilty.
Those allegedly involved in the bath salts operation face serious charges. Police have charged the two suspects who allegedly ran the operation with 14 felonies, including aggravated trafficking and possession of drugs. If they are found guilty, their prison sentences could potentially exceed 100 years. A lower-level defendant has also been charged with aggravated trafficking and possession.
Source: Dayton Daily News, "Botched robbery uncovers $685,500 'bath salts' operation," Denise Wilson and Denise G. Callahan, April 4, 2012.
]]>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.
]]> The court found that that portion of the law was unconstitutional because it amounted to cruel and unusual punishment. In the 5-2 decision, the majority reasoned that mandating lifetime registration for juvenile sex offenders was "disproportionate to the crime," which is the standard applied when a court determines whether a punishment is cruel and unusual.The two dissenting justices appeared to regard sex offender registration as not constituting a criminal punishment to the convicted offender. They argued that the registry was created to inform other citizens about the presence of sex offenders so that they could better safeguard themselves.
Under the law, nearby schools, private residences and other surrounding buildings would receive information on a convicted sex offender who lived in the area, including the offender's place of residence and picture.
Source: The Plain Dealer, "Ohio Supreme Court strikes down lifetime registration requirements for juvenile sex offenders," Joe Guillen, Apr. 3, 2012.
]]>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.
]]> The proposed devices would be built directly into car consoles by automakers and would be much more advanced than current interlock machines. There are two leading designs currently under consideration. One would sample a driver's normal breath without having to breathe into a tube. The other would require a driver to touch a specially designed surface on the console which can measure alcohol in a person's tissue.Congress is currently debating whether to pass legislation that would add another $24 million to the research.
Source: Los Angeles Times, "Should future cars curb drunk drivers?" Dan Turner, Mar. 28, 2012.
]]>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.
]]> This case appears to be relatively unusual. A city prosecutor commented that the prosecutor's office has not come across a case like this in the last decade. The university has already taken decisive action against the fraternity, placing it under a 25 year sentence that combines a term of suspension and one of probation.Unlike the university, a court cannot immediately proclaim that the individual men are guilty. Instead, it must withhold judgment for the time being. Evidence must be presented and witnesses examined. Facts must be checked and stories subjected to cross-examination. The defense must get its chance to rebut the state's case and explain its own. Only then can a jury, composed of the men's peers, deliberate on their guilt or innocence and, having deliberated, finally issue a verdict.
Source: USA Today, "9 indicted for assault over Ohio fraternity hazing," Michael Winter, Mar. 16, 2012.
]]>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.
]]> The number of arrests last year evinces law enforcement's commitment to targeting drunk driving. In 2011, the Highway Patrol took nearly 24,000 people into custody on suspicion of driving under the influence. This represented a marked increase of 7 percent over the prior year.But in order to pull a driver over, police must have probable cause. Some DUI suspects exhibit the classic and oft-cited "weaving" or "drifting" across lane lines. Of the DUI arrests in 2011, 21 percent involved speeding. But other cases are more subtle. An officer may pull a motorist over for a malfunctioning tail light or an expired license plate sticker, and only after pulling the person over will the officer suspect that the driver has been drinking.
The law restricts police conduct in certain areas, and those charged with driving under the influence can question whether the police exceeded the limits imposed by law.
Source: Ironton Tribune, "OSHP to crack down on drunk driving," Mar. 12, 2012.
]]>Allegedly, the incident began to unfold when the bar owner approached Maualuga and his friends and told them that the bar was closing and that they needed to leave. The bar owner claims that Maualuga and his friends would not listen and when he repeated himself, Maualuga punched him in the face, injuring his eye and causing his nose to bleed.
]]> The man claimed that security had to be called to break up the situation.Maualuga has not made an official comment about the incident. His agent said that he had spoken to Maualuga about what happened but was not prepared to make a comment.
Now, it is wrong to assume that someone is guilty for a certain alleged crime just because they have broken the law in the past, but this is not Maualuga's first scrape with the law. In February 2010, he got in trouble for drunk driving and later enrolled in the Betty Ford Center in an attempt to fix his apparent problem with alcohol. (As we said, though, criminal defendants deserve to be tried on the circumstances surrounding their current offense. Rarely is it ever acceptable to use evidence of past crimes against a defendant).
Source: MSNBC, "Cincinnati bar manager says Bengals' Rey Maualuga punched him," Michael David Smith, Feb. 10, 2012
]]>When the police approached the vehicle, they observed a number of items inside which they believed to be related to the manufacture of drugs. Officers stated that they saw Sudafed, various containers, and other equipment that they, in their law enforcement capacity, knew was used to make methamphetamine.
]]> They then arrested the four men and charged them with various felonies, including manufacturing methamphetamines and possession of substances used in the manufacturing of methamphetamines. The men face stiffer penalties than they would otherwise because the crime occurred within a statutorily proscribed radius of a school. In addition, the crimes are more severe because the alleged methamphetamine creation occurred in a mobile vehicle as opposed to a house. If convicted of the charges against them, the law mandates that the men spend at least some time in jail.Sometimes a simple traffic stop can lead to severe criminal charges when police officers search the occupant's vehicle. Drivers have rights about when they can lawfully be pulled over and about when police officers can initiate a search of the vehicle.
As this case indicates, drug crimes can carry serious charges. Felonies can be particularly damaging to a person's record. In cases where additional charges flow from a traffic stop, an experienced criminal defense lawyer can discover whether law enforcement followed proper procedures and can protect the rights of a criminal defendant.
Source: The Herald-Dispatch, "Police pull over suspected mobile meth lab," Beth Hendricks, Feb. 25, 2012.
]]>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.
]]> When he arrived at the property, however, he could not see anything illegal there that would allow him to set foot on the premises. The Constitution rightly restrained his activity. But then a person called the police. The caller was supposedly a neighbor complaining about the noise. The homeowners thought this was odd because they live far away from their neighbors.According to the allegations in the case, an anonymous letter later revealed that the phone call did not come from a neighbor, but rather from a police officer's wife. She called the police at the prompting of another officer so that police would have cause to enter the property. It was also alleged that the lieutenant engaged in the raid to gain the favor of a former police academy commander who was running for trustee. That man allegedly disliked the family and alerted the lieutenant that the family would be having a party that night.
The family and the 18-year-old man sued the police department, stating that their constitutional rights had been violated by the raid. The judge in the case determined that the police violated the young man's federal right against false arrest. The family has sought monetary and punitive damages.
In every criminal case, the Constitution gives rights to the accused, and it is important that they exercise them.
Source: Cincinnati Enquirer, "Jury goes to work in party raid case," Janice Morse, Jan. 26, 2012.
]]>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.
]]> The driver was arrested and taken to the Lorain County Jail. He has been charged with the first-degree felony of possession of heroin, which carries a maximum penalty of 10 years in prison and a $20,000 fine.The second bust also occurred on the Ohio Turnpike. Troopers observed a vehicle commit a "lanes violation," and again initiated a traffic stop. After viewing "criminal indicators," law enforcement requested a canine unit to determine if narcotics were present in the vehicle. The dog picked up the scent of drugs, and police, again citing probable cause, searched the car. The suspects were in possession of 500 grams of cocaine and a small amount of heroin, worth an estimated $50,000.
The driver and passenger were also taken in to custody and transported to the Lorain County Jail. Both were charged with the second-degree felonies of aggravated trafficking of cocaine and possession of cocaine, as well as the third-degree felony of possession of heroin.
The law makes specific demands of police officers when they cite probable cause or begin a search and seizure. A suspect's constitutional rights are brought to the forefront in such a situation, and experienced legal counsel can make sure that they have not been violated.
Source: Norwalk Reflector, "Troopers seize more than $100,000 worth of heroin in area traffic stop," Feb. 10, 2012.
]]>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.
]]> Prosecutors alleged that the man traveled the country as a professional wrestler and manipulated people. They estimate that he may have had sexual contact with hundreds of women. The charges in the case stated that he failed to notify 11 women that he was HIV positive before having sex with them. None has tested positive for the disease, but a few are within the window when they still could develop it.Not all residents of Ohio may be aware of the particular law under which this man was convicted. But the old adage--ignorance of the law is no excuse--holds true. Anyone charged with a sex crime, no matter the type, faces serious consequences and life-changing penalties. It is essential to understand the charges, procedures and rights relevant to the case. A veteran criminal defense lawyer can provide these things to an accused person and fight for the best outcome for the client.
Source: The Cincinnati Enquirer, "'Gangsta of Love' gets 32 years in prison," Kimball Perry, Jan. 24, 2012.
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