Tag Archives: Criminal Law
When can I have my criminal record sealed in Montgomery County?
Here is an easy to read chart answering a question that is asked weekly by many callers. When can I have my record sealed? If you are looking for information on ILC or diversion click here.
| Wait Periods to File Motion to Seal Record | |
|---|---|
| Felony conviction | 3 years after final release |
| No True Bill issued by Grand Jury | 2 years after Grand Jury decision |
| Misdemeanor conviction | 1 year after final release |
| Completed Diversion Program | No wait period, apply after dismissal of case |
| Dismissal of charge | No wait period. |
| Completion of TLC or ILC | No wait period. |
| Found not guilty | No Wait period. |
Brought to you by the Ohio law offices of Morrison & Nicholson. Call today for a free consultation about sealing or the expungement of your records at (937) 433–9775.
Posted in Criminal Law
Tagged expungement in ohio, sealing my records for felony conviction
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Diversion and ILC in Ohio Felony Cases
Most people think that when someone is indicted in Ohio for a felony that there are only two possible resolutions: (1) The person will plead or be found guilty, or (2) the person will be acquitted of the charges. That is not entirely true. Ohio has a couple of alternatives that an attorney could pursue on behalf of a felony criminal defendant. First, the attorney could file a motion for Intervention in Lieu of Conviction (“ILC”). In short, ILC basically allows a person who committed a crime due to their addiction to drugs or alcohol to receive treatment for their substance abuse problems instead of a conviction and prison time. But, ILC is not available for all felony defendants and a given defendant must first be found to qualify for ILC. Ask your attorney whether you qualify (ILC is not available for certain crimes and certain offenders). If the Court accepts the ILC it will then prescribe a particular treatment program for the defendant and suspend the pending criminal action. If the defendant does what the Court demands as far as the treatment goes, the Court will dismiss the charges and the defendant can avoid a felony conviction altogether.
The second possibility is something called “Diversion.” Diversion is similar to ILC in that if the defendant is accepted for diversion and completes the program, then ultimately he or she avoids being convicted of a felony. The defendant is “diverted” out of the criminal court system and given a chance to accomplish certain goals set by the program. If the defendant successfully completes the diversion program, then the Court will dismiss the charges. However, like ILC, only certain charges and certain types of criminal defendants are eligible for a diversion program.
DUI / OVI Ohio Penalties
Below is a list of penalties for an OVI or Operating a Vehicle While Intoxicated, also known as a DUI or DWI. If you have recently been charged with an OVI/DWI/DUI and desire the assistance of an attorney please call the law offices of Morrison & Nicholson at (937) 432-9775 or visit our free online consultation page.
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Administrative License Suspension (ALS)
• If you are stopped for drunk driving and you refuse to take the sobriety test, or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC),
the officer can take your driver’s license on the spot, and the suspension begins immediately.
• Depending on previous offenses or refusals, you can have your license automatically suspended for a period of 90 days to five years.
• The administrative suspension is independent of any jail term, fine or other criminal penalty imposed in court for a DUI offense.
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1st Offense
• Administrative License Suspension (ALS) for a prohibited BAC;
• ALS for test refusal = one year license suspension;
• Jail – Minimum of three consecutive days or 3-day driver intervention program;
• Fine – Minimum $200 and not more than $1,000;
• Court License Suspension – 6 months to 3 years.
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2nd Offense
• ALS for one year for a prohibited BAC;
• ALS for test refusal = two year license suspension;
• Jail – Minimum of 10 consecutive days or five days jail + minimum 18 consecutive days of electronically monitored house arrest combined, not to exceed 6 months;
• Fine – Minimum $300 and not more than $1,500;
• Discretionary driver’s intervention program;
• Vehicle immobilization and plates impounded for 90 days;
• Court License Suspension – 1 year to 5 years.
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3rd Offense
• ALS for two years for a prohibited BAC;
• ALS for test refusal = three year license suspension;
• Jail – Minimum 30 consecutive days to one year;
• Alternative sentence – 15 days or Jail + minimum 55 consecutive days of electronically monitored house arrest combined, maximum of one year;
• Fine – Minimum $500 and not more than $2,500;
• Mandatory attendance in an alcohol treatment program paid for by offender;
• Vehicle immobilization and plates impounded for 180 days;
• Court License Suspension – 1 year to 10 years.
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4th or More Offense or Motor Vehicle Related Felony
• ALS for three years for a prohibited BAC;
• ALS for test refusal = five years license suspension;
• Jail – Minimum of 60 consecutive days and up to one year in jail;
• Fine – Minimum $750 and not more than $10,000;
• Mandatory drug/alcohol treatment program paid for by offender;
• Vehicle Forfeiture – Mandatory criminal forfeiture of vehicle operated by offender, imposed by court;
• Court License Suspension – 3 years to Permanent Revocation.
Posted in Criminal Law, OVI / DUI / DWI
Tagged dayton ohio, Driving under the influence, DUI, DWI, Operating vehicle while intoxicated, OVI
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Is it a good idea to talk to the cops? Why not?
People ask us all the time whether they should talk to the cops. Think you can talk yourself out of a ticket, ovi, or a domestic violence? This is an interesting 4 part video of a law professor’s lecture. He is pretty entertaining and the information can be useful to many. The second video deals with trying to talk yourself out of a ticket, ovi, dui, as well as hitting on many interrogation tricks that police use to solicit incriminating information.
Posted in Criminal Law
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Ohio Revised Code penalties for misdemeanors and felonies.
I have noticed several users searching for a felony and misdemeanor maximum penalty chart. I have responded by posting the easy to read chart below ….. <drumroll>
|
Degree of Felony |
Prison Term |
Fine** |
|
First Degree |
three, four, five, six, seven, eight, nine, or ten years |
$20,000 |
|
Second Degree |
two, three, four, five, six, seven, or eight years |
$15,000 |
|
Third Degree |
one, two, three, four, or five years. |
$10,000 |
|
Fourth Degree |
six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, or eighteen months. |
$5,000 |
|
Fifth Degree |
six, seven, eight, nine, ten, eleven, or twelve months. |
$2,500 |
MISDEMEANORS
|
Degree |
Prison Term |
Fine** |
|
First Degree |
not more than six months |
$1,000 max |
|
Second Degree |
not more than ninety days |
$750 max |
|
Third Degree |
not more than sixty days |
$500 max |
|
Fourth Degree |
not more than thirty days |
$250 max |
|
Minor Misdemeanor |
none |
$150.00 max |
Posted in Criminal Law
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