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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… Read more

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… Read more

Acquittal on Murder Charge for Montez Hollins

Acquittal on Murder Charge for Montez Hollins Arguments can sometimes get heated and escalate very quickly. When weapons get involved, people can get hurt and chaos often ensues. In extreme cases, if someone is killed, the courts will have to sort through the mess. Such was the case of Montez Hollins, a man on trial for murder in the death of Jason Barry Sr. and attempted murder and felonious assault for injuring Barry’s wife, Kristina Petree. Brian… Read more

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… Read more

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… Read more

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… Read more

Ohio's Two-Year Statute of Limitations

In a misdemeanor case, Ohio's Revised Code 2901.13 provides that a prosecution for a misdemeanor shall be barred unless it commenced (began) within two years of the date that the offense occurred. R.C. 2901.13(A)(1)(b). In determining the date the prosecution was commenced, the Courts look at the earlier of: The date an indictment is returned or an information is filed; The date a lawful arrest without… Read more

Ohio's Portable Breath Test (PBT)

During the initial consultation, many of our clients ask us about the Portable Breath Test (often called the "PBT"). Officers throughout Columbus, Ohio, will use the PBT for a variety of reasons. The main benefit for law enforcement officers is that people tend to be more cooperative after submitting to the PBT because they assume that evidence gathered by the PBT can be used against them in an OVI… Read more

Hit and Skip in Columbus, Ohio

In Ohio, the most common offense for leaving the scene of a crash is a violation of subsection 2(a) of Ohio Revised Code 4549 for "Stopping after accident; exchange of identity and vehicle registration." The offense is charged as a misdemeanor of the first degree. See R.C. 4549 .02(A). This offense is often called a "hit and skip," "hit and run," or "tap and run." A different statute in Ohio for "Failure… Read more

Warrants in Columbus, Ohio

Under Ohio Crim. Rule 4, a complaint includes an affidavit showing probable cause to believe that an offense has been committed. The complaint must also sets forth facts to show that the defendant was the person who committed the crime. If the judge receives such a complaint from law enforcement, the judge will either issue a warrant for the arrest of the defendant or issue a summons in lieu of a warrant.… Read more

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