If you’ve found yourself facing a possible conviction as a result of a probation violation, we recommend seeking the counsel of a probation violation attorney. Regardless of why you are serving probation, you don’t deserve punishment due to a minor infraction as a result of an oversight or accident. Your attorney’s number one priority should be convincing the judge to not inflict a severe repercussion for a simple fault in judgment.
How does the probation violation process work?
The probation violation process is different than the normal criminal case and generally follows the following process:
- Probation officer informs the court that the probationer has violated one or more probation requirements
- The court will schedule a probation hearing or authorize an arrest warrant
- If arrested, there will be an arrest hearing and a bond may be set
- You are entitled to a Statement of Violations in which you are informed of what terms of probation you are alleged to have violated
- You are entitled to a probable cause hearing to determine if there is a reasonable basis for the violation
- You are entitled to an evidentiary hearing in which the State must prove that a violation occurred.
Let’s talk about the possible consequences for violating probation.
- Ordered to perform service hours for community service
- Extending your probation
- More strict probationary terms such as earlier curfew
- Seeking substance testing or treatment
- Attending classes or programs based on the offense (such as drug treatment programs or anger management)
- Counseling with a therapist on a regular basis
- Serving a prison sentence
The judge who assigned the initial probation ruling will be the judge determining the appropriate punishment for the violation. The judge may feel as though they did you a favor when worse consequences could have been dealt, which can result in hostile or resentful feelings. Because of this, the judge could decide a harsher punishment than is necessary. Therefore, it’s important to your case to have a probation violation lawyer to speak on your behalf.
Having an attorney defend you can make the difference between fulfilling a minor repercussion or serving jail time. Call Terry Sherman today for a free case review.
Domestic violence is viewed by society and the courts as a serious charge against a criminal defendant. Regardless of whether you’re guilty or innocent, mere allegations of domestic violence against you can adversely affect your life and your future.
While millions of people are abused by their spouse or partner every year, (approximately 1 in 4 women and 1 in 7 men) unfortunately, some people are quick to fabricate stories in order to “get back at” the alleged offender. These allegations are not only hurtful but undermine those that are true victims of domestic violence. If you’ve been accused or charged with a domestic violence offense, it’s extremely important that you contact an experienced domestic violence defense lawyer right away to protect yourself. It is not an admission of guilt.
What is Domestic Violence?
Many people believe that domestic violence is limited to a physical action against a spouse, family member or significant other.
Under Ohio law, victims of domestic violence are protected by both civil and criminal laws. Domestic violence can be physical, emotional, sexual, or financial. Domestic violence charges may also extend to:
- Mental/psychological abuse
- Destruction of personal property
- Throwing things toward the victim (even if they don’t actually hit the victim)
- Sexual abuse
Whether domestic violence charges are charged as misdemeanors or felonies depends on the allegations, the age of the individuals, and whether there were weapons involved, and the associated punishments will range accordingly.
Understanding Domestic Violence Charges
Though unfair, people may accuse individuals of domestic violence for a number of reasons. Disputes can arise during a divorce, custody hearings regarding children, or just due to day-to-day stress of living under the same roof. If the alleged victim is seeking marital assets in a divorce or seeking custody of children, they might believe that domestic violence allegations will help their cause.
Many domestic violence victims, unfortunately, later recant their testimony or state that they no longer want to press charges. However, by this time, it’s usually too late. The decision to go forward with domestic violence charges is completely up to the prosecutor on the case.
Experienced Domestic Violence Defense
Being wrongfully accused of something as serious as domestic violence can be scary and has the potential to dramatically impact your life.
Attorney Terry Sherman is an experienced criminal defense attorney that has helped many clients dismiss or lessen domestic violence charges against them. He knows how to navigate your criminal allegations from start to finish and will help you arrive at the best possible result.
Summer break. It’s a time for barbeques, pool parties and…getting arrested? For some juveniles, the answer might be yes. Studies show that kids have a tendency to get into more trouble with the law during the months when they are not in school.
While overall juvenile arrest rates may be down, the number of teenagers who face criminal charges each summer remains high. The short and long term effects of a guilty conviction are harsh and can include:
- Impacting their ability to get a job or to get a Commercial Drivers License
- Impacting their ability to get public housing
- Impacting their ability to enlist in the military
- Depending on the severity of the crime, they may be prevented from carrying a firearm
- Drivers License Suspension
- Possible impact on return to school or transferring to a new school
- Having to pay fines, court costs, and restitution where assigned
- May affect immigration status
The following are 5 of the most common charges against juvenile offenders:
1. Operating a Motor Vehicle while Under the Influence (DUI / OVI)
While Ohio’s blood alcohol concentration (BAC) limit for adults age 21 years and older is 0.08 percent, minors are subject to a law known as “zero tolerance.” What this means that a juvenile driver can be arrested and charged for DUI / OVI if they are caught driving with any amount of alcohol, marijuana, or drugs in his or her blood. Teenagers who are arrested for drunk driving may also face related charges, such as underage possession, and use of a fake ID.
2. Possession of Marijuana and Other Drug Offenses
A significant portion of juvenile arrests involve marijuana and other drug-related offenses. Although juveniles caught with small amounts of marijuana are typically only hit with a fine, any juvenile conviction for a drug-related offense can potentially have implications for school enrollment, employment eligibility, and driving privileges.
3. Sexual Assault
Sexual assault crimes are prosecuted in Ohio at both the adult and juvenile levels. Prosecutors can seek to charge younger juveniles as adults depending on age and severity of the crime. Any teenager facing sexual assault charges, regardless of the severity, should seek legal representation immediately.
4. Criminal Traffic Offenses
Most traffic violations are misdemeanors; distracted driving, disregarding a traffic control device, speed exhibition, and speeding. Others may accompany criminal charges; DUI / OVI, causing bodily harm by the operation of a motor vehicle, evading an officer, and failure to stop at the scene of an accident.
5. Theft (Shoplifting)
Theft is another common juvenile offense. In Ohio, the penalties for theft are determined by the value of the property stolen, with the felony offenses carrying the potential for significant fines and even imprisonment.
If you or your teenager has been arrested, we encourage you to contact us for a confidential consultation. We have extensive experience in Ohio criminal matters, and we can help protect you or your child.
You didn’t intend to get involved in a fight when you went out for a night with your friends, but one thing led to another and you ended up getting pulled into a violent altercation and the police got involved. Now, you’re facing assault charges and you’re not sure what to do. Making the wrong choices could be detrimental to your case.
Here’s a list of common mistakes made when facing assault charges.
Talking to Police. Police are trained to manipulate you to get what they want, this includes evidence against you. For example, let’s say that you’ve been involved in a violent bar fight and the police are called. They might take you aside, hand you an ice pack for your swollen knuckles, tell you the other guy is clearly at fault and ask you for your side of the story. Naturally, you’ll want to explain yourself and tell your side, so you do. At that point, the police arrest you and charge you with assault. Unfair but legal, and also avoidable. The truth is, you don’t have to talk to the police. You’ve heard of your right to remain silent. That’s not just for after you’re arrested. You don’t have to speak to the police ever. Exercise your right to remain silent and stay silent until you talk with an attorney.
Talking with Others About the Assault. Being involved in an assault can be traumatic. It’s natural to want to talk about what happened with other people, to explain your side of the story or ask for advice. Just like talking to the police can hurt you, anything you say to other people can be used against you in court. This even includes those closest to you, like siblings and parents. It’s best to not discuss the incident with anyone except your lawyer.
Posting About the Incident on Social Media. Any time you’re involved in an incident that might result in you appearing in court, do not post about it on any social media forum, including Facebook, Twitter, or SnapChat. Prosecutors absolutely love to blow up huge images and Tweets for the benefit of the jury and use your words against you. So post anything, not even a fist emoji. It can be taken out of context and turned around to hurt you.
Contacting The Victim of the Assault. You may want to apologize, or clear the air, especially if the victim was a friend. Regardless of the reason, don’t do it. This is because anything you say to the victim may be used against you in court. Even if you had the best intentions.
Destroying Evidence. Maybe you’re reading this after you’ve already posted a video of the incident. Don’t delete the post and don’t delete the video from your electronic devices. This considered destroying evidence and can actually land you in more trouble.
Just like there are there are lots of things you can do that will hurt your case, there are also things you can do to improve your situation. With the help of an expert criminal defense attorney, you can give yourself the best chances of putting this behind you. Call Terry Sherman today to schedule a free legal consultation!
After months of waiting and several launch date push backs, Ohio’s online portal for medical marijuana registration finally went live. While doctors who have been certified by the State Medical Board to recommend marijuana can access the website, that doesn’t mean marijuana products are legally available for purchase yet.
State officials said medicinal cannabis products should be available for patient purchase by the end of January.
After receiving a recommendation from their doctor, patients will be able to access the registry for an annual fee of $50 ($25 for caregivers), and either print out a registration card or save it on their cell phone to show to licensed dispensaries.
Building an “Affirmative Defense”.
Although it’s been inconsistently applied, the law generally allows someone arrested for possession of or use of medical marijuana to argue before a judge they otherwise qualify under Ohio’s law.
If the patient displays a physician’s recommendation and is using cannabis in a form allowed under the law, it will then be up to the judge whether to accept the argument and look the other way.
This is called the “affirmative defense”, which is part of the 2016 law that legalized marijuana for medical use only. The law’s author intended it as possible protection for those in need of medical marijuana before the product was available in Ohio, and would potentially allow them to get it from another state, such as Michigan. However, there have been cases of people being charged for possession despite the defense.
“The affirmative defense has always been there,” said board spokesman Grant Miller. “We didn’t want a situation where we were registering people and 60 days later when the affirmative defense expires there still were no dispensaries open with the product.”
“We have literally thousands of patients who are ready to be enrolled,” said Connor Shore, president of Ohio Marijuana Card. “These are people who need marijuana, not to get high, but because it is medicine for them. We have cancer patients, veterans and pain patients who are really suffering, so this day is very exciting for them.”
A handful of licensed growers are prepping and have a limited amount of product expected to be available soon, however, it remains to be seen when a reliable supply will be produced to allow retail dispensaries to open their doors.
Know what’s legal.
According to House Bill 523, the 2016 law legalizing medical marijuana only allows for use in oils, tinctures, patches, edibles, and plant matter. The law strictly prohibits smoking, but it does allow vaping.
Keep in mind that all of those products will need to be purchased at a licensed dispensary. The law forbids the home-growing of marijuana.
Prior to the portals launch, no legal registration card had been available in Ohio, although some doctors were issuing recommendations before they were officially certified to do so.
Need to know more?
The board’s hotline for answering questions about the registry is 1-833-464-6627.
If you’ve been charged with marijuana possession and you believe you qualify for an affirmative defense, you need an experienced attorney by your side. Contact Terry Sherman 614-444-8800
Fentanyl: “Just 2 milligrams — an equivalent to about 32 grains of salt — can be enough to kill a person”, said Jessica Toms, a laboratory supervisor at the Ohio Attorney General’s Bureau of Investigation (BCI). Fentanyl is similar to morphine but is 50 to 100 times more potent, according to the National Institute on Drug Abuse.
The total number of fatal drug overdoses in Ohio, increased to a record 4,854 last year. That’s an astounding 20% increase from the previous year. According to the Ohio Department of Health, this was the 8th year in a row to show an increase with the synthetic opioid fentanyl fueling the epidemic.
A spokesman for the Ohio Department of Health, says while a review of the data confirms fentanyl is absolutely driving overdose deaths, Ohio also is seeing significant progress in reducing the number of prescription opioids available for abuse.
A frightening state report on drug trends stated that drug cartels have flooded Ohio with fentanyl. In fact, many users don’t even realize they’ve taken fentanyl because it’s being cut into heroin, cocaine and even being pressed into prescription opioids.
According to the chief executive officer of the Ohio Council of Behavioral Health & Family Services Providers, Lori Criss, “Drug dealers are flooding communities with different drugs to see what takes. They are very smart business people.”
Gov. John Kasich’s administration is spending more than $1 billion a year to fight the drug epidemic, most of it to provide addiction treatment through Medicaid expansion. Ohio is also investing in providing the opioid-overdose antidote, naloxone, to first responders supporting efforts including drug courts, housing for addicts in recovery as well as educational programs.
Naturally, along with the fight against the drug epidemic, comes an increase in drug-related arrests, such as drug possession and DWI arrests. This only adds to Ohio’s increasingly overpopulated prisons.
Defense attorney Terry Sherman can fight for your freedom. Call 614.444.8800 to discuss your charges. Your phone call is free.
How does Ohio define sexual assault crime?
Sexual assault is any unwanted sexual encounter without the consent of the person being pursued. Sexual assault can present itself in a number of different ways.
Statutory laws are used to prosecute offenses that are related to the victim being below the Ohio Age of Consent. Non-statutory rape laws are used to prosecute cases where force or coercion was used by the assailant.
Ohio has defined 5 crimes that are used to prosecute sexual assault in Ohio.
1. Gross Sexual Imposition § 2907.05: If the offender has or causes someone else to have sexual contact with someone whose ability to resist or consent is impaired due to a mental or physical condition for any reason. This includes advanced age, drug intoxication or by threat of force.
Punishment: 6-18 months in prison / If the victim is under age of consent: 1-5 years in prison
2. Rape § 2907.02: If the offender engages in sexual conduct with another through force or threat of force or when the victim’s ability to resist or consent is substantially impaired due to a mental or physical condition for any reason. This includes advanced age and drug intoxication.
Rape can take on several forms:
Date Rape – when a person is attacked by someone that they know
Stranger Rape – when a person is attacked by someone they don’t know.
Punishment: minimum 5 years in prison / If victim under 10, life in prison
3. Sexual Battery § 2907.03: If the offender has sexual conduct with another, when the victim is a minor, and the offender is more than two years older than the other person, or when the offender is in a place of power or authority (such as a coach, teacher, law enforcement etc) and uses such to persuade the victim to consent.
Punishment: 1-5 years in prison / If the victim is under the age of 13: 2-8 years in prison
4. Sexual Imposition § 2907.06: If the offender engages in “sexual touching” (i.e., the touching of another person’s erogenous area) when the offender knows the sexual touching is offensive to the accuser or is reckless in that regard; this includes if the victim is either underage (older than 13 but younger than 16), impaired due to a mental or physical condition of any kind including drug intoxication.
Punishment: Up to 60 days in prison for the first offense / up to 6 months for subsequent offenses
5. Unlawful sexual conduct with a minor § 2907.04: If the offender is 18 years of age or older engages in sexual conduct with someone who is 13 years of age or older but less than 16 years of age or the offender is reckless in that regard.
Punishment: 6 months – 8 years in prison depending on several factors including age gap and previous offenses / If the offender is less than 4 years older than the victim – up to 6 months in prison
Managing False Allegations
If you’ve been accused of sexual assault, the thought of the legal process that you’re soon to encounter can be terrifying. Your life can be significantly impacted in a variety of ways. By responding quickly and aggressively with a criminal defense attorney by your side, you can move through the legal process as quickly as possible:
-Do not provide law enforcement with any information without your attorney present
-Hire a criminal defense attorney with experience in this area
-Write down your account of what happened, provide as many details as possible
-Make a list of witnesses who can attest to the events at the time of the alleged assault
The consequences of a conviction for sexual assault are serious and could include: incarceration, difficulty obtaining employment in the future, becoming a registered sex offender, restrictions regarding where you can live, and much more.
If you’re falsely accused of sexual assault, call defense Attorney Terry Sherman for a free case evaluation. He has 45+ years experience and exceptional track record of success. To learn more about Sex Crimes Defense, click here.
What is expungement?
Expungements are a legal process that can clear arrests, charges and minor convictions from someone’s record. Never heard of it? You’re not alone. See, that’s the thing about expungement: many people don’t even know it exists, let alone if they’re eligible, and of those who do, many don’t know how to get it.
Though “expunge” and “seal” are often used interchangeably, but they mean very different things. Expungement is to erase such documents while “sealing” simply means they’re no longer public record.
Am I Eligible to have my record expunged?
The law on who is eligible for either varies state by state, and there is no encompassing federal law on expunging adult crimes. In Ohio, the maximum allowable expungements, according to Ohio law, is one felony and one misdemeanor, or two misdemeanors. However there have been some changes in recent years, so the best way to know if you are eligible for records expungement by contacting a legal professional to review your case.
(Contact Criminal Defense Attorney Terry Sherman)
The difference between record expungement and record sealing.
There are some things you should know about expungements and sealed records. In the age of the Internet, expungement only goes so far. If your record is approved for expungement, the court will agree to toss out its records…but what about Google? How about news archives? Mugshots.com? It’s nearly impossible to expunge information in this cyber age. But that doesn’t mean expungements aren’t still an important step. You can still pare down someone’s record which helps them gain access to employment or housing. It’s vital.
An expunged record can still hurt your chances of landing a job. Beyond doing a simple Internet search, employers often turn to private information providers to run background checks on job candidates. Sometimes companies have downloaded the databases of the courts periodically, and they have them stored on their own databases.
The REDEEM Act.
Congress is considering whether to make more people eligible for expungement. The highly publicized REDEEM Act introduced by Senators Cory Booker, Democrat of New Jersey, and Rand Paul, Republican of Kentucky, stands for “Record Expungement Designed to Enhance Employment.” Under the proposal, those convicted of nonviolent federal crimes could apply to have them sealed, and all nonviolent juvenile offenses would automatically be expunged or sealed, depending on age when the crime took place.
While a lawyer is not required, legal expertise can help navigate a complicated process.
Fall is almost here and school is back in session. Many college students pack their bags and move away from home, possibly for the first time. They get ready to go out and experience college nightlife, a preconceived notion of what that means likely already formed in their mind. Underage drinking is an extremely common problem, not just in college, but in high school as well.
I’m going to explain what steps you can take in the instance you have contact with the police related to an underage drinking or a public drunkenness investigation. Let’s be clear, I’m not encouraging you to drink underage. I am merely going to enlighten you as to your rights.
In Columbus, underage drinking charges are common. However, you can take steps to avoid an underage drinking conviction.
1. Immediately talk to an Attorney.
My first tidbit of advice applies to all charges. If you receive a summary offense citation, the very first thing you should do is speak to an attorney! The fact that you may be factually guilty doesn’t mean that an attorney can’t help you. It’s far easier to nip these types of things in the bud than to try to get them off your record later.
2. “I would rather not answer”.
You have he right to remain silent. This next tip should be fairly obvious, but most people charged with underage drinking fall into this trap. If a cop asks you whether you have been drinking, don’t say yes! You have a right to remain silent and not incriminate yourself. It becomes much more difficult to win a case at trial where there is a confession to one of the major elements of the offense.
However, I suggest that you not lie to the police if you were, in fact, drinking. You can either say, “I would rather not answer” or “I would like to invoke my Fifth Amendment right to remain silent.” At that point, the police officer is supposed to cease any further questioning.
3. “Just say no”….to a breathalyzer.
My next tip…don’t agree to submit to a breathalyzer test. Lots of people have a misconception that they have to submit to a breathalyzer test any time a police officer asks them to do so. That’s simply not true. What is true is that a motorist suspected of driving under the influence must submit to a chemical blood test or a certified breath test, or he’ll lose his driver’s license for a year for the refusal. You’re NEVER required to submit to a breath test while under investigation for underage drinking or public drunkenness.
If you do submit to a breathalyzer and test positive for alcohol, especially if your BAC is high, the officer will then try to manipulate you into a confession. The cop is just doing his or her job by using a tried and true police tactic. That being said, you aren’t obligated to make the cop’s job any easier.
4. Leave your ID at home.
Next, you need to be aware that you don’t have to show the cop your ID when you’re stopped, for the simple reason that in the United States, citizens are not required to carry identification with them….unless you’re driving.
In that case, you must present your driver’s license. But, if you’re just walking back to the dorms or standing around an OSU tailgate, you are not required to carry an ID with you just in case a cop happens to ask to see it.
This is really important for the simple reason that the crime of underage drinking in Ohio is defined as possession, consumption or the attempt to purchase alcohol while being less than 21 years of age. Meaning that the arresting officer, at trial, has to prove beyond a reasonable doubt that you were, in fact, less than 21 years of age.
The mere fact that you really are 18, 19 or 20 years old is not enough for a conviction. The officer has to prove it. Typically at trial, the officer will testify that he or she observed your ID and noted your date of birth.
5. Don’t lie to the police.
While we’re on the subject of IDs, I should make it perfectly clear that you should NEVER lie about your identity or date of birth to the police. If you’re under an official police investigation for a crime like underage drinking, and you give the officer a fake name or date of birth, you could be charged with false identification.
6. Be polite.
Now for my final tip, which may be the most useful of all. You should never be rude or combative with the police. Expressing your frustration by being obnoxious to the police never does anyone any good. Being polite and cooperative will go a long way. Remain polite while explaining that you left your ID at home, declining a breath test or refusing to answer whether you have been drinking or not.
If you’ve been charged with underage drinking, public drunkenness, disorderly conduct or related offense, call Terry Sherman at (614) 444-8800 for a free consultation.
Don’t ever assume that your DUI case is unbeatable.
These are very complex matters, and there are a wide range of defense strategies that have proven extremely effective in these types of cases.
While there are many effective defense strategies, here are 9 ways to win a Columbus DUI case.
1. The Traffic Stop Was Illegal And Wasn’t Supported By Probable Cause
A police officer needs to have a reasonable suspicion to pull a driver over. If the police officer can’t explain why he or she reasonably suspected the driver had broken the law, then the traffic stop may be declared unconstitutional and the DUI charge may be dismissed.
2. The Arrest Was Illegal And Not Supported By Probable Cause
An officer needs to have probable cause to arrest someone. If the officer didn’t have sufficient evidence to merit probable cause, the arrest may be declared unconstitutional. The drunk driving charge could be dismissed.
3. The Field Sobriety Tests Were Administered Improperly
Field sobriety tests are always voluntary. If a police officer forced the driver to take a sobriety test, the accused individual’s Fourth Amendment rights might have been violated which means the test results could be thrown out.
Furthermore, it’s important these tests are administered properly. For example, if the tests are conducted on uneven ground, they could be considered invalid.
4. The Breath Test Was Administered Improperly Or With Faulty Equipment
There’s a right way and a wrong way to use a breath test machine. If an officer uses the machine incorrectly, the results could be thrown out. Additionally, mechanical issues may impact the accuracy of the results.
Some machines are affected by temperature. For example, if the machine is stored in the trunk on a cold day and not allowed to warm up prior to being used, the results might not be accurate and should be considered invalid.
5. A Medical Issue Or Some Other Factor Interfered With The Breath Test
Several everyday issues can lead to false positives on a breath test. Let’s say a person burps after recently consuming alcohol and then takes a breath test, the results might show a higher blood alcohol content (BAC) than normal. Or, if a person is running a fever when they take the test, the results may also be skewed.
Your lawyer will review the case to determine if any interfering factor was present and seek to have results thrown out.
6. The Blood Test Was Administered Improperly Or The Equipment Was Faulty
While blood tests are typically conducted in a more controlled environment than breathalyzers, there is still the possibility of errors. For example; Was an alcohol swab used on the draw site? Was the sample handled correctly during the testing process? Any issue that might interfere with the accuracy of the results could lead to the results being considered invalid.
7. A Medical Issue Interfered With The Blood Test
There is an enzymatic method is typically used for determining alcohol content in blood tests. However, this method may lead to inaccurately high readings that confuse serum alcohol, which might be produced by tissue trauma, like bruises, with ethyl alcohol. If there’s reason to believe that such a factor interfered with the blood test, the results should be thrown out.
8. The Accused Was Not Operating The Vehicle
Occasionally, a person will be charged with DUI even though he or she was merely caught sitting or sleeping in the vehicle. If the police officer did not personally witness the individual driving while intoxicated, the case can be dismissed.
In cases like these, the court must determine whether the evidence establishes beyond a reasonable doubt that the defendant was either in actual control of the vehicle (keys in ignition or engine running) or driving.
9. Jurisdictional Issues And Speedy Trial Issues
The location of the DUI dictates which courts will hear the case and which police officers can conduct the arrest. In some cases, if an officer makes an arrest outside of his or her jurisdiction, it can be used as part of a defense strategy. The prosecution has a limited amount of time to try your case. If the Commonwealth fails to prosecute during the allotted time frame, the case can be dismissed.
If you’ve been accused of DUI, take action to ensure that it doesn’t impact your life. Columbus DUI defense attorney Terry Sherman will help you secure the results that you need to be able to move forward with your life. Schedule your free consultation