Understanding Telecommunications Harassment Charges in Ohio: A Defense Attorney's Perspective

/ Law Offices of Brian J. Smith, ltd/
Understanding Telecommunications Harassment Charges in Ohio: A Defense Attorney's Perspective

After years of defending clients against telecommunications harassment charges in Ohio, I continue to see confusion about what constitutes criminal conduct under Ohio Revised Code § 2917.21. This complexity has only increased with evolving technology and communication methods. Today, I'll break down the key elements of telecommunications harassment and discuss some common defense strategies.

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Homes and Their Curtilage Have Fourth Amendment Protections

/ Law Offices of Brian J. Smith, ltd/
Homes and Their Curtilage Have Fourth Amendment Protections

The United States Supreme Court recently issued a decision in Collins v. Virginia that confirmed that the area immediately surrounding a home (i.e., the curtilage) receives the same protection from searches and seizures as the home itself, even if an automobile or motorcycle is parked in the curtilage. 

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Ohio DUI / Sobriety Checkpoints - The Law, The Rules and The Defenses

/ Sivinski Law Offices, ltd/
Ohio DUI / Sobriety Checkpoints - The Law, The Rules and The Defenses

Sobriety checkpoints do infringe upon our Constitutional rights and protections.  An experienced DUI Defense Lawyer will evaluate how the DUI checkpoint was planned and how it was conducted to develop the best arguments against the checkpoint.  Furthermore, even if conducted properly, the police may not detain for further screening without a reasonable suspicion based on articulable facts that the driver is impaired and it may not arrest without probable cause to believe the driver is impaired.

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Can You Get a DUI on a Golf Cart in Ohio?

/ Sivinski Law Offices, ltd./
Can You Get a DUI on a Golf Cart in Ohio?

Going to Put-in-Bay or Kelley’s Island this summer?  Taking a ferry and renting a golf cart to tour around?  You might get charged with a DUI if you drink and drive on that golf cart, just as people have been charged at golf courses and campgrounds. Being charged with an OVI/DUI for driving a golf cart raises two issues.  First, can it be a DUI if you were only driving a golf cart?  Second, is it a DUI if you were on private property such a campground or golf course?

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No-Contest Pleas in Misdemeanor Cases Must Include an Explanation of the Facts, or the Defendant Should be Acquitted - DUI News - 7/21/2016

/ Sivinski Law Offices, ltd/
No-Contest Pleas in Misdemeanor Cases Must Include an Explanation of the Facts, or the Defendant Should be Acquitted - DUI News - 7/21/2016

The 8th District concluded that, absent an explicit waiver, a trial court must call for an explanation of the facts.  If it does not, and the Defendant appeals, the charge should be dismissed and the Defendant acquitted due to double jeopardy protections.

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DUI Appeals Reports 01/01/16

/ Sivinski Law Offices, ltd/
DUI Appeals Reports 01/01/16

The Third District holds that a criminal court may not modify a final judgment, including a sentence, nunc pro tunc except when the original sentence was void or it contains a clerical error.

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