Tag Archives: custody Montgomery county ohio
Ohio drunk driving cases are referred to as Ohio OVI (operating a vehicle while intoxicated), Ohio DUI (driving under the influence of alcohol), or Ohio OMVI (operating a motor vehicle while under the influence, impaired, or intoxicated). All of these acronyms relate to the same offense, found in the Ohio Revised Code.
People who have been caught “red-handed” in the commission of a felony in Ohio often just want to get the entire thing over and do not want to hire an attorney, believing that because they are so obviously guilty, there is nothing to do but plead guilty or no contest. This is a major mistake.
Attorneys provide value to all criminal defendants, even those that feel there is no point in fighting anything. Because prosecutors know that the average layman will not go to trial and make the prosecutor actually work to prove the defendants guilt, the prosecutors will not offer any reduction in charges (or drop some of the charges altogether), nor will they agree to stipulate to a certain sentence in exchange for pleading guilty. In other words, prosecutor have no incentive to enter into plea bargain discussions with a layman. An attorney on the other hand can threaten trial, which in practical terms, means A LOT OF WORK for the prosecutor and this provides a strong incentive for the prosecutor to work with the defense counsel in reaching some agreement that is much more beneficial for the defendant.
Furthermore, without benefit of counsel, defendants that are eligible for Diversion or “intervention in lieu of conviction” programs will not file the appropriate motions and therefore, these defendants are never considered for these programs. These programs are the best result that a criminal defendant can have short of an acquittal, because if accepted to either one, a defendant can avoid a conviction and criminal record.
The bottom line is that if you have been charged with a felony in Ohio, you need to retain counsel, or ask the court to appoint you counsel because the results are almost guaranteed to be better than if you merely plead guilty. Even if you are obviously guilty, there are benefits to having representation.
Ok, here is another handy chart for those of you with recent traffic woes. Many times our office can help with many of the violations below. Feel free to call us for a free consultation at 937-432-9775.
If you are an Ohio driver who accumulates 12 or more points for convictions of the traffic offenses listed below, your license will be suspended for 6 months. If you plead guilty and pay your fine, that is the same as a conviction. Points stay on your license for 2 years after the conviction.
When you accumulate 12 points, the suspension is automatic, although you will be notified of your right to a court hearing. You must petition the court for a hearing. A judge may impose conditions upon your suspension, such as allowing you to drive only for purposes of getting to and from your job. Driving while your license is under suspension can subject you to severe criminal penalties, including jail time.
Upon completion of the 6 month suspension, you must complete a remedial driver education class, provide proof of insurance and take your drivers’ test again before your license will be reinstated.
If you complete an approved remedial driving course prior to accumulating 12 or more points, you will receive a 2-point credit. You can take this course up to 5 times in your lifetime, but no more than once ever 3 years.
|•||vehicular homicide, manslaughter or assault|
|•||driving with a suspended or invalid license|
|•||operating a motor vehicle under the influence of alcohol or drugs|
|•||failure to stop at the scene of an accident (hit and run)|
|•||fleeing or eluding a law enforcement officer|
|•||operating a motor vehicle without the owner’s consent|
|•||using a motor vehicle in the commission of any felony|
|•||reckless operation of a motor vehicle with willful or wanton|
|•||disregard for the safety of other persons or property|
|•||operating a motor vehicle with an unlawful concentration of alcohol while under the age of 21|
|•||operating a motor vehicle in violation of a restriction imposed by the Ohio Bureau of Motor Vehicles|
|•||all other moving violations not listed here|
points for speeding violations
|below 55 mph||0 points||2 points||2 points||4 points|
|55 mph or more||0 points||0 points||2 points||4 points|
One of the most common landlord-tenant disputes revolves around the landlord’s return of a security deposit. Without getting into the issue as to whether money given by the tenant is considered a “security deposit” in the first instance (every now and again there are disputes), the typical scenario is that the tenant vacates the premises at the end of the lease term (or after an eviction) and the landlord refuses to return the security deposit, usually claiming damage to the premises or back rent.
Absent some term contained in the lease agreement to the contrary, the landlord is allowed by law to apply any security deposit to tenant’s back rent. If the tenant owes the money, the landlord does not have to return the security deposit. One point of clarification is that the right of the landlord to apply the deposit to back rent exists even if the lease contains the common term “that the deposit will not be applied to rent.” Sometimes tenants believe that the landlord is contractually prohibited from keeping the deposit as payment for back rent after reading a such phraseology in their lease. This, however, is not what that particular lease-term means. That term simply means that if the tenant fails to pay the monthly rent at some point during the lease-term that the landlord will not apply the deposit to cover that payment. Rather, the tenant will still owe that month’s rent, notwithstanding the fact that the landlord is in possession of money given by the tenant for that exact amount. Such a term does not mean that the landlord can only use the deposit for damages caused to the premises.
But if the tenant remained current on the rent through the end of the leasehold, and provided the tenant was not responsible for any damages above normal wear and tear, the landlord MUST return the entire security deposit within a specified time. If the landlord fails to return the security deposit, the tenant has a cause of action against the landlord.
Under the Ohio Revised Code, a landlord must return your security deposit, along with an itemized list of any deductions from the deposit, to the former tenant within 30 days of the end of the lease. If the landlord fails to return the security deposit (or fails to provide a detailed itemization of damages) within this time-frame, the tenant is entitled to double the amount of the deposit withheld and may be awarded costs and attorney’s fees as well.
However, it must be pointed out that the tenant also has a duty to provide the landlord with an address to which the landlord is to send the deposit and itemized list of deductions. The 30 day time-frame does not begin to run against the landlord until the tenant has provided the landlord with such an address in writing. So tenants need to be aware of the requirement that the landlord receive this information in writing when they move out.
For a sample demand form for tenants, go here: FREE LEGAL FORMS