FAQ

  • Toledo Theft

    • What is Considered a Theft Crime in Ohio?

      Theft crime encompasses instances where one individual takes another person’s property without consent. Ohio criminalizes not just theft, but also the deceptive acts facilitating it.

      How your specific charges affect you largely depends on the value of the alleged stolen goods. According to Ohio Revised Code Section 2913.02, theft is legally defined as occurring when a person, with the purpose to deprive the owner of property or services:

      Obtains or exerts unauthorized control over either:

      • Beyond the scope of the express or implied consent of the owner, or
      • By deception, threat, or intimidation
      • Obtains the property of another by committing any offense with the purpose of committing theft, or knowingly obtains or exerts control, beyond the scope of the express or implied consent of the owner, over the property of another, with the purpose of holding such property or to facilitate a theft offense.

      The severity of the crime and its penalties are generally based on the value of the property stolen, but theft crimes can range from minor misdemeanors to first-degree felonies. Each level of theft has its own specific definition and penalties under Ohio law.

      Our representation extends to various types of theft crimes. Rather than having a single theft statute, Ohio incorporates numerous laws addressing theft in its various forms. These laws are complex and often tiered in severity depending on the circumstances of the alleged incident. Our team is proficient in handling cases involving statutes like:

      – O.R.C. 2913.02: Theft
      – O.R.C. 2913.03: Unauthorized use of a vehicle
      – O.R.C. 2913.51: Receiving stolen property
      – O.R.C. 2913.04: Unauthorized use of property – computer, cable, or telecommunication property
      – O.R.C. 2913.61: Finding of the value of the stolen property as part of the verdict
      – O.R.C. 2913.21: Misuse of credit cards
      – O.R.C. 2913.11: Passing bad checks
      – O.R.C. 2913.48: Workers’ compensation fraud
      – O.R.C. 2913.05: Telecommunications fraud
      – O.R.C. 2913.47: Insurance fraud
      – O.R.C. 2913.40: Medicaid fraud
      – O.R.C. 2913.71: Felony of fifth-degree regardless of the value of the property

      The penalties in a theft crime case are determined based on several factors, with the value of the stolen goods being the key component. It’s important to remember statutes like O.R.C. 2913.61, which allows the court to add up the value of several stolen goods, and O.R.C. 2913.71, classifying certain materials as especially sensitive, automatically charging the accused with a fifth-degree felony if they’re stolen.

      Even if you’re facing severe charges, our approach to every case is rooted in the belief that no case is hopeless. Discussing your case with us can help shed light on your legal options and improve your situation. We provide free consultations and are accessible 24/7 for our clients. You don’t work for the government; you work for you.

      The testimonials of our satisfied clients, like A.M. who says, “Most of the time he called me back within an hour. I walked out the door free, rather than going to prison,” is a testament to our commitment to achieving the best possible outcomes.

      When facing prison, jail, and the loss of your reputation, you need a professional who can make a difference. Contact Patituce & Associates today to schedule a free consultation and see how we can make a difference in your case.

    • What are the Penalties for Theft Crimes in Toledo, OH?

      Several different factors go into determining the penalties in a theft crime case, but the key component is the value of the stolen goods. For example, under O.R.C. 2913.02, someone who is found guilty of stealing goods valued under $1,000 (an offense known as “petty theft”) can be sentenced to up to six months in jail and up to $1,000 in fines. As the value of the stolen goods goes up, so does the severity of the possible penalties.

      There are, however, a few key statutes to keep in mind. One is O.R.C. 2913.61 (Finding of the value of the stolen property as part of the verdict). This statute can be particularly damaging to the defendant because it allows the court to add up the value of several stolen goods. So, if a defendant is found guilty of several petty theft incidents, the cumulative value of all the involved goods can be used to provide a more severe punishment.

      Secondly, it is important to consider O.R.C. 2913.71 (felony of fifth-degree regardless of the value of the property) when approaching certain theft allegations. This statute classifies certain materials as especially sensitive and, if they are stolen, the accused is automatically charged with a fifth-degree felony.

      These materials include:

      • Motor vehicle title certificates
      • Forged checks
      • Credit cards
      • Blank forms for Ohio driver’s licenses
      • Motor vehicle license plates

      Theft laws are complex and in every case, every client faces a unique set of circumstances as they confront the allegations against them. Our firm understands the nuances of these laws and is ready to bring vigilant and aggressive advocacy to your case.

    • Why Choose Patituce & Associates for Your Theft Crime Defense?

      Patituce & Associates stands out as a preeminent Ohio criminal defense law firm, delivering exceptional legal representation at both state and federal levels.

      With a positive record of producing notable results, the firm’s triumphs have been featured on prominent media platforms such as CNN, ESPN, NBC, and USA Today.

      The firm’s stellar reputation is propelled by its lead attorney, Joe Patituce. He is celebrated as one of Ohio’s foremost criminal defense attorneys, with particular expertise in defending theft crimes. As 1 out of only 9 Board Certified Criminal Trial Specialists in Ohio, Attorney Patituce brings unparalleled experience and expertise to your defense.

  • Toledo Violent Crimes

    • Choose the Law Firm That Refuses to Lose

      No reputable attorney will guarantee results; however, they should tell you in a few, direct words how they will protect you and your freedom. Our Toledo criminal defense lawyers put you, the client, first. We don’t work for the government; we work for you. We know that facing a violent crime charge in Toledo is more than a legal battle, it’s about your life, your freedom, and your future.

      At Patituce & Associates, we are honored to have a history of delivering positive outcomes for our clients. Our firm’s reputation is not just built on our experience or knowledge, but on the results we achieve for our clients.

      • 1,000s of Defense Cases Won
      • 200+ Trials Handled
      • Selected for Super Lawyers®
      • In U.S. News Best Law Firms®
      • 30+ Years of Experience
      • Accessible 24/7 to Clients
    • No Violent Crime Case Is Hopeless

      Facing a violent crime charge can seem overwhelming, and you might think that even the best criminal defense won’t make a difference in your case.

      Whether you’re being charged with a misdemeanor or felony offense, using the services of an experienced criminal defense attorney in Toledo can mean the difference between a harsh sentence and a criminal record that shadows your future or a more favorable outcome and an opportunity to move forward with your life.

      At Patituce & Associates, we firmly believe in the power of a skilled legal defense. We only hire the best criminal lawyers in Ohio.

      We have decades of experience handling criminal cases, from misdemeanors to serious felony charges. We’ve also been recognized as one of the top 100 National Trial Lawyers because of our commitment to protecting the rights and interests of people facing criminal charges in Toledo and northwest Ohio.

      In just a matter of 10 minutes, discussing your case with our skilled legal team can significantly alter your outlook. We are based in Toledo, serving Toledo residents and the Bowling Green area. We are there every step of the way, as your case navigates the complexities of the state or federal court systems.

      Do not let the weight of potential jail or prison time keep you from retaining a skilled criminal defense. Reach out to us today for a free consultation.

      Complete an online form or give our Toledo office a call now. Our legal assistance to individuals accused of or charged with a crime in Ohio is both comprehensive and compassionate. Let our experienced criminal defense lawyers be your advocate in this challenging time.

      “I went through three lawyers before I hired Joe as my criminal defense attorney. The first three said I had no shot at winning. Joe said I could. He did what no one else could do – he won.” – Michael L.

    • The Types of Violent Offense Cases We Handle

      Our firm is well-versed in cases that involve felony and misdemeanor offenses, including federal crimes.

  • Toledo Homicide

    • Negligent Homicide (O.R.C. 2903.05)

      Negligent homicide occurs when one individual accidentally kills another with negligent conduct. This is common in hunting accidents and other circumstances in which people are using potentially dangerous implements. This is considered a first-degree misdemeanor and can result in up to six months in jail. The accidental nature of these cases is often emotionally trying for all involved parties. Dedicated, compelling counsel can help ensure facts are accurately put forth to the court.

    • Reckless Homicide (O.R.C. 2903.041)

      Similar to negligent homicide, reckless homicide is charged when the accused was believed to be engaged in behavior that clearly posed a risk to themselves and others. This is considered a third-degree felony and can result in up to five years in prison and $10,000 in fines.

    • Murder (O.R.C. 2903.02)

      Murder is considered one of the most serious charges possible under Ohio’s criminal statutes. An individual can be charged under this statute when it is believed that they intentionally ended the life of another person or when it is believed that they ended the life of someone during the course of committing other violent crimes. If you have been charged, it is imperative that you discuss your options with an experienced Toledo criminal defense lawyer today.

    • Aggravated Murder (O.R.C. 2903.01)

      Aggravated murder is considered more serious than murder and can be charged when it is believed that a murder was premeditated. That means it is believed that the accused planned to commit this crime. This is also true if the accused had planned or designed other violent crimes (such as kidnapping, robbery, arson, etc.) that resulted in a loss of life. If the victim was under 13 years old or an on-duty law enforcement officer, the suspect can be charged with aggravated murder, as well (even if the crime was not premeditated).

    • Voluntary Manslaughter (O.R.C. 2903.03)

      Voluntary manslaughter can be charged when it is believed that the suspect was provoked by the victim and acted violently in a fit of rage. This is considered a first-degree felony in Ohio and can result in up to 10 years in prison and fines up to $20,000.

    • Involuntary Manslaughter (O.R.C. 2903.04)

      Involuntary manslaughter can be charged when it is believed that the suspect inadvertently caused the loss of life in the process of committing other crimes– meaning that, while the law was being broken, there was no intent to kill anyone. If the involved crime was a misdemeanor, the accused could face up to 5 years in prison. If the involved crime was a felony, the accused could face up to 10 years in prison.

    • Vehicular Homicide & Vehicular Manslaughter (O.R.C. 2903.06)

      This statute comes into play when there has been a loss of life in an automotive accident (although, it can also include other vehicle accidents, like those involving aircraft). O.R.C. 2903.06 addresses three instances in which the suspect is believed to have acted in the wrong: aggravated vehicular homicide, vehicular homicide, and vehicular manslaughter.

      Aggravated vehicular homicide can be charged:

      • When the driver was impaired by drugs and/or alcohol
      • When the driver was reckless
      • When the driver was reckless in a construction zone

      Aggravated vehicular homicide can be considered either a third or second-degree felony depending on the circumstances of the incident. A third-degree felony can result in up to five years in prison for the accused and a possible lifetime suspension of their license. A second-degree felony can result in up to eight years in prison and a lifetime suspension of the accused’s license.

      Vehicular homicide is charged when it is believed that the driver acted negligently and caused the loss of life. This is usually considered a first-degree misdemeanor, which can result in six months in jail and a one to five-year suspension of the accused’s license. On rare occasions, vehicular homicide can be considered a fourth-degree felony.

      Lastly, vehicular manslaughter can be charged when the loss of life occurs while the accused was believed to be committing a minor traffic offense. This is most often considered a second-degree misdemeanor, which can result in up to six months in jail for the accused and a license suspension. Occasionally, prosecutors will seek a first-degree misdemeanor conviction in these cases.

  • Toledo Drugs

    • Our Approach to Drug Offenses in Toledo

      Every case is unique, and there are always a number of ways to successfully defend someone charged with drug trafficking, drug possession, manufacturing drugs, or attempting to sell drugs.

      For example, in cases where someone is struggling with substance abuse can possibly be eligible for a diversion program. This is common for simple possession cases that often involve young people. In other, more sophisticated cases, it may be necessary to go to trial and submit an argument to a judge and jury.

      • 1,000s of Defense Cases Won
      • 200+ Trials Handled
      • Selected for Super Lawyers ®
      • In U.S. News Best Law Firms
      • 30+ Years of Experience
      • Accessible 24/7 to Clients
      • Trial-Tested Defense When You Need It Most

      No reputable Toledo drug charge defense attorney will guarantee results; however, they should tell you in a few, direct words how they will protect your rights.

      Our criminal law attorneys put you, the client, first. We don’t work for the prosecution; we work for you.

    • The Strongest Possible Defense for Drug Charges

      How Our Toledo Drug Defense Lawyers Can Help You Today

      • Secure the search warrant issued against you for a thorough examination
      • Gather comprehensive records and details of witnesses opposing you
      • Scrutinize all evidence that may be subject to suppression challenges
      • Retrieve and meticulously analyze any video or audio recordings involving you and your arrest
      • Ready your case for court litigation, if necessary

      Specifically, our firm has learned to be vigilant of probable cause and search and seizure violations in these cases. Every American citizen is protected by the Fourth Amendment and when law enforcement conducts unreasonable searches, any resulting items found in that search can be suppressed (and entire charges can be thrown out).

    • What Are the Types of Drug Crime Cases We Handle?

      Ohio statutes provide numerous drug statutes to address various possession, distribution, manufacturing, and trafficking offenses. These laws are complex and their severity often depends on various factors, such as the type of substance involved and the volume of that substance.

      We have experience handling cases involving the following statutes:

      • Possession of controlled substances (2925.11)
      • Trafficking or aggravated trafficking in drugs (2925.03)
      • Corrupting another with drugs (2925.02)
      • Illegal manufacture of drugs, illegal cultivation of marijuana or methamphetamine (2925.04)
      • Illegal assembly or possession of chemicals for the manufacture of drugs (2925.041)
      • Funding or aggravated funding of drug or marijuana trafficking (2925.05)
      • Illegal administration or distribution of anabolic steroids (2925.06)
      • Possessing drug abuse instruments (2925.12)
      • Permitting drug abuse (2925.13)
      • Illegal use or possession of drug paraphernalia (2925.14)
      • Illegal use or possession of marijuana drug paraphernalia (2925.141)
      • Deception to obtain a dangerous drug (2925.22)
      • Illegal processing of drug documents (2925.23)
      • Criminal forfeiture of property relating to felony drug abuse offense (2925.42)
      • Illegal dispensing of drug samples (2925.36)
      • Counterfeit controlled substance offenses (2925.37)
    • What Is The Ohio Drug Schedule?

      In order to help determine the severity of a drug charge, Ohio has created different controlled substance categories. Ohio created schedules that closely mimic the federal laws regarding Schedule I and Schedule II drugs. These schedules organize controlled substances by their perceived toxicity, origin, and potential for user dependence.

      Schedules I and II contain the most serious controlled substances:

      • Marijuana
      • Heroin
      • Crystal meth (methamphetamine)
      • Opium
      • Cocaine
      • Various painkillers
    • What is Considered Drug Trafficking in Ohio?

      Drug trafficking (2925.03) involves the importing/exporting, shipping, and/or delivery of controlled substances. Because it is assumed that the accused in these cases may be participating in a larger, illicit economy, drug trafficking is a serious charge. Often, we see drug possession and drug trafficking charged simultaneously against one individual.

      Our firm has handled cases involving:

      • Trafficking and possession of heroin
      • Trafficking and possession of LSD
      • Trafficking and possession of marijuana
      • Trafficking and possession of cocaine (or crack cocaine)
      • Trafficking and possession of prescription pills

      Both trafficking and aggravated trafficking can be charged under O.R.C. 2925.03. Aggravated trafficking, the more serious charge of the two, can be charged when Schedule I or II substances are involved. Penalties for these crimes can vary, but both are serious felonies that can result in lengthy prison time.

      The same can be said for funding drug or marijuana trafficking (O.R.C. 2925.05). In these cases, it is suspected that the accused provided money or property to someone else so that the recipient could then purchase or obtain a controlled substance for the purpose of drug cultivation, manufacture, or sale.

      This is considered a first-degree felony when Schedule I and II drugs are involved, a second-degree felony when lower scheduled drugs are involved, and a third-degree felony when marijuana is involved. A conviction in these trafficking cases can result in lengthy prison sentences, driver’s license suspension, notification of professional boards, and hefty fines.

    • What Are the Penalties for Drug Crimes in Ohio?

      Each drug charge comes with its own unique considerations concerning the controlled substance involved, the volume of the controlled substance, and other variables. These factors will determine the seriousness of the charge and the possible penalties if a conviction is reached.

      What can be anticipated, however, is the fact that these cases are taken seriously by both the state and federal governments and, in some cases, can result in mandatory prison time. Offenses involving even low quantities of heroin, cocaine, and meth, for example, can come with mandatory prison time– even for first-time offenders.

      That is why it is so critical to retain trusted, seasoned counsel in these matters. As former prosecutors, our team is well-versed in the nature of these cases on both the state and federal levels and the measures that can be taken to protect our clients both in and outside the courtroom.

      Take the first step toward safeguarding your future. Contact our firm to request a free, confidential phone consultation with our proven legal advocates today.

    • What is the Statute of Limitations on Drug Charges in Ohio?

      In Ohio, the statute of limitations for drug charges varies depending on the severity of the offense. Generally, the following guidelines apply:

      • For minor misdemeanor drug offenses, the statute of limitations is generally 6 months.
      • For misdemeanor drug offenses, the statute of limitations is generally 2 years.
      • For felony drug offenses, the statute of limitations is generally 6 years.

      These timeframes start from the date the alleged offense was committed. However, there can be exceptions or extensions to these general guidelines. For example, the statute of limitations can be tolled, or paused, if the accused is out of state or evading law enforcement.

      When you have been charged with illegal drugs, it’s imperative that you consult with a Toledo drug crimes attorney to understand the specific limitations that may apply to a given situation, as laws and their interpretations can change over time.

    • No Drug Case Is Hopeless

      Depending on the nature of your drug charges, you might worry that even the best lawyer can’t help. However, whether you face a felony or misdemeanor charge, you must contact a skilled legal representative immediately.

      At Patituce & Associates, we can show you how spending just 10 minutes discussing your case with a drug crime defense lawyer in Toledo can greatly improve your situation.

      To take the first step, fill out an online form or give us a call now.

  • Toledo DUI

    • What Consequences Can You Face for an OVI in Ohio?

      Ohio categorizes OVI offenses into two primary levels of seriousness based on blood alcohol concentration (BAC). The first level targets drivers whose BAC falls within the range of 0.08% to 0.16%.

      The second, more severe level applies to drivers whose BAC registers at 0.17% or higher. This differentiation in blood alcohol content can significantly influence the range of penalties an individual might confront in their OVI proceedings.

      In addition to a loss of reputation and a tougher employment future, you could face serious losses of your finances, freedom, and driving privileges. Our defense team is prepared to fight to help you avoid the potentially life-changing penalties you could face.

      Penalties for drunk driving in Ohio can include:

      • First OVI – At least 3 days in jail or an alcohol abuse program. Up to $1,075 fine
      • Second OVI – 10 days to 6 months in jail and/or house arrest. Up to $1,625 fine
      • Third OVI – 30 days to 1 year in jail. Driver’s license suspension for 2 to 10 years. Fine up to $2,500
      • Fourth OVI – Up to 5 years in jail. Up to $10,000 fine. Potential permanent loss of driver’s license
      • Fifth OVI or More – Call our law office. We need to discuss what’s coming.

      Keep in mind that these are merely a selection of the potential consequences tied to a DUI conviction. The loss of your driving privileges accompanies each charge, and you might also face additional actions like ongoing alcohol monitoring, house arrest, alcohol education programs, or even surrendering your vehicle.

      For a more tailored understanding of the penalties you could encounter, get in touch with Patituce & Associates for a free initial consultation today.

    • Choose the Law Firm That Refuses to Settle

      We are not a plea factory. Many DUI lawyers in Toledo will simply take clients and get a quick plea deal. That’s not us – we are criminal defense trial lawyers. We fight aggressively for our clients, and we tailor our approach to what our clients want.

      Some clients want us to work out the best deal as fast as possible; others want us to challenge the evidence and attempt to secure an acquittal and avoid jail time.

      It depends on the client’s situation. If you have a job that requires you to drive, or you cannot have a criminal conviction on your record, then you need to fight the charges.

      Our experienced criminal defense lawyers in Toledo understand how a DUI offense can affect your livelihood.

      No matter which path you take, your legal rights will be protected – always. Contact a DWI lawyer from Patituce & Associates.

    • No DUI Case Is Hopeless

      Because of the circumstances of their cases, many people worry that even the best lawyer can’t help them. Whether you face a felony or misdemeanor charge, you owe it to yourself to at least talk it over with an experienced Toledo DUI defense attorney.

      The consultation is free. We can show you how spending just 10 minutes discussing your case with one of our DUI lawyers in Toledo can greatly improve your situation. To take the first step, fill out our online form or give us a call now.

    • How Can a Toledo DUI Attorney Help You?

      One of the biggest misconceptions about drunk driving cases is that the driver is convicted as soon as they fail their field sobriety test with a breathalyzer, urine test, chemical test, etc.

      It’s easy to feel that once you fail the test, you’ve been “caught,” and that you might as well accept whatever the court sees fit to hand down for punishment.

      This is a mistaken belief. Even after failing the test because the blood alcohol concentration (BAC) was over the legal limit, a driver is only suspected of DUI.

      Many people have very viable defense options as they face their coming court dates. Remember, you are innocent until proven guilty.

      Important considerations in every OVI include:

      • The reason why you were stopped. In OVI cases, police officers need to be able to produce probable cause as to why they pulled you over. Our firm regularly reviews the police report and dash camera footage to ensure that law enforcement was not overstepping when they pulled our clients over.
      • The reason you were ordered out of your vehicle. We also look at the reasons law enforcement gives for removing the driver from the vehicle. This, too, requires probable cause and when an officer wrongly removes a driver from the vehicle, everything after becomes invalidated.
      • Sobriety test protocol. Our firm also closely examines how and when the field sobriety tests were conducted. Ohio recognizes the NHTSA sobriety test protocols and, when these are not followed (or there is something wrong with the technology itself), the results of the test can be challenged.
    • How Much Does an OVI Lawyer Cost in Toledo, Ohio?

      When OVI clients come to us, they naturally want to know the cost of their defense and how we’ll handle their case. These are valid concerns because not all Ohio OVI cases are the same, and there’s no one-size-fits-all approach.

      To provide an accurate answer, we need to gather information and evidence specific to your OVI case before discussing costs. Each situation requires a personalized approach.

      Rest assured, we’re committed to giving your case thorough and dedicated attention. Our record includes successful OVI dismissals for many clients in northwest Ohio.

      You don’t have to face this uncertain time alone. Reach out for a free, no-obligation phone consultation with our Toledo DUI defense lawyers today. We’re here to support and guide you through the process.

  • Toledo Fam Crime

    • Abortion Manslaughter (O.R.C. 2919.13)

      Abortion manslaughter can be charged against any individual who purposely kills a fetus that has been removed from a woman’s uterus. This is considered a first-degree felony and can result in up to 11 years in prison. Abortion is a contentious issue, but doctors in Ohio who provide abortion services deserve protection against prosecutors who seek to charge them for alleged crimes connected to their practice.

    • Abortion Trafficking (O.R.C. 2919.14)

      Abortion providers are required to follow an increasing number of regulations and restrictions, including how to dispose of any resulting fetal tissue from abortion procedures. Abortion trafficking can be charged if it is found that the facility is selling fetal tissue or experimenting with it. This is considered a first-degree misdemeanor that can result in up to six months in jail.

    • Bigamy (O.R.C. 2919.01)

      Bigamy can be charged when it is found that an individual is married to more than one other person, regardless of where the individual may have been married. It is considered a first-degree misdemeanor and can result in up to six months in jail. Bigamy charges can sometimes occur when a person doesn’t realize an older marriage is still legally valid. If you’ve been charged, call our firm today to start exploring your defense options.

    • Endangering Children (O.R.C. 2919.22)

      Endangering children charges can be charged when there is suspected child abuse or torture or when it is believed that the accused was drunk driving in a vehicle with minors present. The severity of these charges depends on the circumstances of the offense. For example, if a child wasn’t injured in a DUI incident, the driver can be accused of a first-degree misdemeanor. However, if a child is injured, the driver can be charged with a fifth or fourth-degree felony.

    • Contributing to Unruliness or Delinquency of a Child (O.R.C. 2919.24)

      Parents are the legal guardians of their children, which means that, if the child breaks the law, they can be held at least partially responsible. This includes resisting authority or skipping school (school attendance is required by law). If the state believes that the parent is contributing to or allowing this behavior, the parent can be charged under O.R.C. 2919.24. Each instance of delinquency can be charged as a separate offense under this statute, which means that the potential penalties can quickly accumulate.

    • Interfering with Action to Issue / Modify Support (O.R.C. 2919.231)

      The state of Ohio wants to ensure that all individuals have access to the courts in order to seek legal remedies. This includes parents (or alleged parents) who must petition the court to modify an existing family law order, such as custody or support. Interfering with an action to issue or modify support can be charged when one individual threatens or harasses their co-parent (or alleged co-parent) in order to discourage them from taking legal action. This is considered a first-degree misdemeanor, but if the accused has been convicted of this offense in the past, they may be charged with a fifth-degree felony.

    • Interference with Custody (O.R.C. 2919.23)

      Interference with custody is commonly charged when non-custodial parents fail to return their child to the custodial parent, but there other instances where parents and other adults can be accused of this crime, as well. Removing a minor from a mental health facility or a juvenile detention center, for instance, can qualify as interference with custody. The severity of these charges varies with the circumstances of the alleged offense. Failing to return a child to a custodial parent, for instance, is a first-degree misdemeanor (which can result in six months in jail). This charge becomes significantly more serious if the child is taken out of state, or becomes injured. Contact our firm for more details.

    • Misrepresentation Relating to Provision of Child Care (O.R.C. 2919.224)

      Childcare facilities, such as daycares, need to adhere to a number of different regulations to ensure the well-being of the children and families they serve. When one of these facilities misrepresents facts about itself in order to conduct business, then it can be charged with misrepresentation relating to the provision of child care. This is a first-degree misdemeanor that can result in a six-month jail sentence and fines.

    • Motion for & Hearing on Protection Order (O.R.C. 2919.26)

      When there is an accusation of domestic violence or another threat to the safety of a household, a protective order (commonly known as a restraining order) may be issued to protect the potential victims as they wait for the criminal matter to be resolved. The protective order and the subsequent hearings are separate matters from the domestic violence charges. At Patituce & Associates, our Toledo criminal defense lawyers are ready to handle your protective order matter in tandem with the domestic violence accusations against you. Call our team today to learn more about legal options.

    • Parental Education Neglect (O.R.C. 2919.222)

      Parents of children who are commonly absent from school may be ordered to attend parental education classes. These classes are mandatory and if the parent fails to attend, they can be charged with parental education neglect. This is a fourth-degree misdemeanor that can result in 30 days in jail and a fine.

    • Partial Birth Feticide (O.R.C. 2919.151)

      “Partial birth abortion” is a certain type of abortion that has been criminalized in Ohio. However, in some circumstances, doctors who perform abortions and even emergency room physicians may have to consider this option when the pregnancy threatens the life of the mother. While performing this procedure is considered a second-degree felony, medical professionals should not be harassed by prosecutors when forced to make urgent decisions to protect their patients.

    • Protection Order Issued by Court of Another State (O.R.C. 2919.272)

      Protection orders that are issued in other states can be transferred to the Ohio courts when subject individuals move here to our state. This is an administrative process and costs are handed down to the subject of the restraining order. Our firm can help you parse any complications arising from this process and ensure that you are in compliance with your transferred protective order.

    • Terminating Human Pregnancy After Viability (O.R.C. 2919.17)

      Ohio prohibits the abortion procedure on fetuses that have matured up to and past the 24-week gestational period. These procedures can be charged as a fourth-degree felony and result in up to 18 months in prison. A guilty verdict also means that the state medical board will revoke the medical license of the convicted.

    • Unlawful Abortion (O.R.C. 2919.12)

      Unlawful abortion can be charged when an abortion is performed without the patient’s consent. In the case that the woman is underage or unemancipated, the parents of the woman must also grant consent. This can be charged as a first-degree misdemeanor, but subsequent convictions can lead to harsher penalties.

    • Unlawful Abortion Upon Minor (O.R.C. 2919.121)

      When a minor seeks an abortion in Ohio, several different conditions need to be satisfied for it to be legally performed. These can include parental notification and proof that the minor is emancipated and can provide written consent herself. Unlawful abortion upon a minor can be charged as a first-degree misdemeanor or fourth-degree felony if the accused has been convicted of the same offense in the past.

    • Violating Protection Order (O.R.C. 2919.27)

      Protection orders (or restraining orders) are issued by the court when they believe the subject poses a harm to their own household (or other current or romantic partners and their loved ones). If you are subject of one of these orders, your contact with the petitioner(s) will be prohibited. Violating these orders is taken seriously by the courts and will result in further legal complications for the accused. A violation can be charged as a first-degree misdemeanor, but repeat offenses can become more serious.

    • Evaluation of Mental Condition of Defendant (O.R.C. 2919.271)

      In some cases, a psychological evaluation of a criminal defendant may be necessary before proceeding with their trial. The cost of this evaluation must be paid by the defendant and the procedure itself often requires the cooperation of the defendant’s family and loved ones. These evaluations are common in cases where protection orders have been violated. Our firm can help defendants and their loved ones navigate these matters and ensure that the rights and interests of the accused are well-represented throughout their case.

  • Toledo Federal

    • What is Considered a Federal Crime?

      A federal crime, often more serious than offenses prosecuted at the state level, is an unlawful act that violates United States federal legislation.

      These crimes are handled in federal court and are prosecuted by federal prosecutors under laws established by the United States Congress. Most criminal charges here in Ohio will be tried under state law.

      However, in some cases, these criminal allegations fall under federal jurisdiction. Federal cases tend to be more complex than state cases and, in many instances, can provide more severe penalties than state cases. If you have been charged under a federal statute, then the time to consult with a proven legal professional is today.

      The categorization of a crime as federal often depends on the nature of the crime and its scope. For example, offenses that cross state lines or involve federal entities typically fall under federal jurisdiction. Federal crimes can range from tax evasion and bank fraud to drug trafficking and weapons offenses, to severe charges like terrorism and espionage.

      Federal cases are unique and can be more complex, mainly due to their vast scope and the severity of the penalties. If convicted, individuals may face substantial fines, lengthy imprisonment, or both.

      When you’ve been charged with a crime by the US Government, you need to secure legal representation from an attorney who is admitted to practice in US federal courts and is experienced in federal criminal law.

      An experienced Ohio federal crime defense attorney can help navigate the complex federal legal system and aggressively defend your rights.

    • Representing Those Accused of Federal Crimes in Ohio

      Whether you’re dealing with federal criminal charges classified as either misdemeanors or felonies, our skilled team can help.

      Our attorneys, licensed to practice in federal courtrooms, are experienced in managing complex cases falling under federal jurisdiction. The following are some of the federal criminal offenses we help people with.

      • Child Pornography
      • Conspiracy
      • Sex Trafficking
      • Fraud (including bank fraud, securities fraud, and other white-collar crimes)
      • Murder
      • Tax Crimes (including tax evasion and tax fraud)
      • Drug Crimes
      • Weapon Crimes

      Federal charges often carry heavier penalties than state cases. Since federal laws are different from state laws, they require an attorney with specific experience and a deep understanding of the federal legal process.

      That’s why choosing the right Toledo criminal defense attorney is paramount. Our lawyers will fight for you every step of the way, ensuring your rights are protected throughout the legal process.

    • Your Fight Is Our Fight

      We at Patituce & Associates prioritize our clients and their needs. As your Toledo federal crime defense attorneys, we don’t work for the government; we work for you.

      Our philosophy is that no case is hopeless. Spending just a few minutes discussing your case with a defense lawyer will greatly improve your situation. We provide free initial consultations to help you address your legal options and answer your questions.

      Our dedication to excellence extends beyond our legal skills; it’s about how we care for our clients. We make ourselves accessible to our clients 24/7, offering reassurance, guidance, and a sympathetic ear in these challenging times.

      Our team is committed to transparency, professionalism, and diligence.

      But don’t just take our word for it. Hear it from one of our satisfied clients:

      “I hired Mr. Patituce and his law firm after a string of unsuccessful attorneys… Mr. Patituce was none of that, he returned my phone calls within a day at most. Most of the time he called me back within an hour. It was the best decision of my life to hire him. I walked out the door free, rather than going to prison.” – A.M.

      When it comes to federal crime defense, remember the significance of the legal assistance you choose. Facing federal charges can be daunting, but with the right criminal lawyer, you can face the future with confidence.

      Our attorneys, committed to ensuring the best interests of our clients, are here to discuss your case, review your situation, and fight for you every step of the way.

      Read more of our Google reviews!

    • Choosing Experienced Federal Crimes Lawyers in Toledo, OH

      Not every law firm is equipped to handle federal cases and assuming that federal cases are “basically the same” as state cases is the fastest route to an unfavorable outcome.

      Federal prosecution and sentencing works differently than Ohio’s system and making sure your attorney is well-versed in this process is key to ensuring that you stand every chance of a dismissal or a reduction of your charges.

      At Patituce & Associates, our Toledo federal criminal defense lawyers bring a wealth of experience and knowledge to every case we handle. Our founder Attorney Joseph Patituce is a former state prosecutor who has a more than 90% success rate in trials he handles and has fostered a diligent and tenacious approach to criminal defense at our firm.

  • Toledo Sex Crimes

    • No Sex Crime Case is Beyond Defense

      When you are facing sex crime charges, the specifics of your case may make you feel that even the most competent lawyer might not be able to help you.

      Whether you’re facing a felony or a misdemeanor, contacting an attorney for a free consultation is one of the best things you can do to protect your rights and freedoms right now.

      At Patituce & Associates, we’re here to demonstrate how just a 10-minute discussion about your case with a seasoned sex crime defense lawyer can significantly enhance your standing. Our Toledo sex crime attorneys understand the gravity of your situation. Take the first step towards your defense and contact us to find out how we can help you.

    • You Need Results When Charged with a Sex Offense

      Patituce & Associates is a premier criminal defense law firm, providing exceptional legal services at both state and federal levels. Known for its remarkable results, the firm’s successes have been highlighted on prominent media outlets such as CNN, ESPN, NBC, and USA Today.

      The firm’s reputation is championed by its lead attorney, Joe Patituce, who is widely recognized as one of Ohio’s finest criminal defense attorneys. Attorney Patituce is 1 out of 9 Board Certified Criminal Trial Specialists in the state of Ohio.

    • We Only Select the Best Criminal Defense Attorneys

      The strength of Patituce & Associates extends beyond one person; it’s a collective team effort. With Megan Patituce’s fierce appellate and post-conviction practice, Aaron Schwartz and Catherine Meehan’s remarkable trial experience, and the combined efforts of Sue McCort and Michelle Witchey, the firm showcases a synergistic approach unmatched in the state.

      Rather than boast about their capabilities, Patituce & Associates urges potential clients to conduct their research, encouraging them to see the firm’s reputation through their numerous appearances in news stories.

      The firm refrains from gaming review systems or disparaging other attorneys, focusing instead on their relentless commitment to their clients.

    • Trial-Tested Defense When You Need It Most

      At Patituce & Associates, they stand by their promise to fight as fiercely for you as they would for a family member. Their unwavering dedication to their clients is driven by a deep-seated aversion to losing. In short, they embody the notion of a firm that “gets results,” one that never quits on its clients. For a defense that won’t back down, choose Patituce & Associates.

      Our Toledo law office distinguishes itself with a record of thousands of successfully won defense cases and more than 200 trials handled. Our team is composed of former prosecutors and experienced defense attorneys who understand the Ohio criminal justice system inside and out. Offering around-the-clock accessibility to our clients, our sex crime lawyers refuse to lose when your future is on the line.

    • Choose the Firm That Refuses to Lose

      Selected for Super Lawyers® and listed in U.S. News Best Law Firms, Patituce & Associates have been recognized for their relentless advocacy and commitment to legal excellence.

      As one satisfied client puts it: “I hired Mr. Patituce and his firm after a string of unsuccessful attorneys… Most of the time, he called me back within an hour. It was the best decision of my life to hire him. I walked out the door free, rather than going to prison.” – A.M.

    • Comprehensive Defense for a Range of Sexual Crimes

      At Patituce & Associates, we are equipped to handle an extensive range of sex crime charges, including but not limited to:

      • Sexual Assault (2907.02)
      • Sexual Battery (2907.03)
      • Sexual Imposition (2907.06)
      • Gross Sexual Imposition (2907.05)
      • Public Indecency (2907.09)
      • Voyeurism (2907.08)
      • Prostitution and Related Crimes (2907.21, 2907.22, 2907.23)
      • Importuning (2907.07)
      • Dissemination and Deception to Obtain Matter Harmful to Juveniles (2907.31, 2907.33)
      • Illegal Use of Minor in Nudity-Oriented Material or Performance (2907.323)
      • Pandering Obscenity (2907.32)
      • Pandering Obscenity to a Minor (2907.321)
      • Internet Sex Crimes

      The importance of retaining an attorney when you’re charged with a sex crime can’t be overstated. Don’t let misconceptions about the cost of hiring an attorney stop you from securing the legal representation you need when facing such severe charges.

    • Guidance for Your Sex Crimes Case

      Should you find yourself questioned or arrested by law enforcement on suspicions of a sex crime, it’s crucial to invoke your right to remain silent. Though it’s natural to feel shocked or scared and want to clarify your position, such responses often backfire. In many instances, individuals inadvertently provide statements that later aid in their own conviction.

      At Patituce & Associates, our Toledo sex crime attorneys strongly recommend consulting us before offering any formal remarks to the police. We can help you grasp the full scope of the allegations you’re facing, which carry serious, long-lasting repercussions.

      The consequences of a sex crime conviction can include:

      • Incarceration
      • Monetary fines and penalties
      • Potential lifetime requirement to register as a sex offender

      Contact our experienced defense lawyers in Toledo for a free and confidential consultation at (419) 597-5849. With our knowledge, track record, and steadfast commitment, we’ll work to navigate the complexities of your case, making a tangible difference in the outcome.

      At Patituce & Associates, your defense is our priority. We look forward to helping you discuss your case and establish a robust defense strategy.

    • Experienced Criminal Defense Attorneys in Toledo, OH

      Our firm is committed to providing honest and diligent legal representation for every case we take on. While we can’t guarantee acquittals—no firm can—we do offer a solid assurance. Our seasoned team, which includes three former prosecutors, will rigorously scrutinize the charges against you, seeking every possible route toward charge reduction or dismissal.

      We’re aware that innocent individuals often find themselves ensnared in legal complications. Additionally, if any wrongdoing is present, we believe that every accused person has the right to a factual, persuasive defense. If you’re facing allegations of a sexual offense, don’t hesitate to reach out to our knowledgeable Toledo criminal defense team at (440) 771-1175">(440) 771-1175.

  • Toledo DV

    • What Are The Penalties for Domestic Violence?

      Domestic violence is addressed in O.R.C. 2919.25, where it is classified as a first-degree misdemeanor. However, if it is found you have prior convictions under this statute, the new charge will be considered a felony.

      A first-degree misdemeanor in Ohio can result in:

      • Up to $1,000 in fines
      • Up to six months in jail
      • Court costs and fees
      • Up to five years of probation after jail time

      On top of the criminal penalties that are imposed, if convicted, a person will have several civil penalties. For example, they cannot be in possession of a firearm, cannot expunge the domestic violence charge, and may be subject to a civil restraining order.

      Additionally, domestic violence charges can escalate depending on the number of prior convictions for domestic violence the defendant has. A second domestic violence conviction is a felony with prison being a reality.

    • Can Charges Be Dropped If the Accuser Wants That?

      Once you have been charged, the case has been taken over by the prosecutor’s office. They take all domestic violence charges seriously and ensure that the alleged victim and their rights are protected.

      It is ultimately up to the prosecuting attorney assigned to your case to determine if they will proceed with the charges against you.

    • What Does it Mean to be Charged with Domestic Violence?

      Because of movies and television, there is one very common misconception about domestic violence charges: many people believe that the alleged victim has decided to “charge” the accused.

      This is untrue. If you have been arrested for domestic violence, it means that the state is bringing the charge against you, not any member of your household.

      This misconception has led to many accused individuals reaching out to the alleged victim to reconsider the situation—even after a protective (or restraining order) has been issued.

      This is not in any way advisable. If a civil protective order has been issued following your incident, comply with it. Violating a protective order will only lead to further legal complications and more potential penalties.

      An experienced attorney from our firm is ready to help you navigate this matter. Contact us today for a free phone consultation.

    • How Long is the Statute of Limitations for Domestic Violence in Ohio?

      In Ohio, the statute of limitations for domestic violence offenses classified as a felony is six years. For misdemeanor domestic violence offenses, the statute of limitations is generally two years.

      Keep in mind that the statutes of limitations as provided in the Ohio Revised Code Section 2901.13 can vary depending on the specific circumstances of the case.

      It’s best to consult with a Toledo domestic violence lawyer for accurate and up-to-date information on the statute of limitations for a particular domestic violence offense.

    • No Domestic Violence Case Is Hopeless

      Depending on the nature of your case, you might worry that even the best lawyer can’t help. However, whether you face a felony or misdemeanor charge, you need to contact a skilled Toledo criminal defense attorney right away.

      At Patituce & Associates, we can show you how spending just 10 minutes discussing your case with a Toledo domestic violence defense lawyer can greatly improve your situation. To take the first step, fill out an online form or give us a call now.

    • How Can a Domestic Violence Attorney Help Your Case?

      When you have been accused of domestic violence, it’s likely that you’re facing a number of intimidating—even frightening—uncertainties. What are the potential penalties? How could a conviction affect your life in the long term? Whom should you trust to represent your interests throughout the legal process?

      At Patituce & Associates, we’re well acquainted with the challenges people face as they confront criminal charges against them. Our team has decades of experience in successfully representing people accused of domestic abuse.

      With three former prosecutors on staff, our experienced domestic violence lawyers have completed hundreds of trials. We know what it takes to secure the best possible outcome for our clients. We are ready to stand with you during this uncertain time. Contact our dedicated domestic violence attorneys in Toledo at (440) 771-1175">(440) 771-1175 today.

    • Choosing Counsel That’s Right for You

      Once you realize you need an attorney, you quickly notice that your choices in representation are seemingly endless. At Patituce & Associates, we believe we offer counsel and advocacy that few other firms can match.

      Our dedicated attorneys have handled cases in courts all over the state of Ohio. We have set a high standard of vigilance, knowledge, and compassion when it comes to serving our clients.

      We personalize our approach to every case we take on and diligently pursue favorable results for our clients and loved ones. If you’ve been arrested for domestic violence, we’re ready to make your voice heard before our justice system. Request a free phone consultation with us today to start exploring your legal options.

  • Toledo CD

    • What is the difference between a misdemeanor and a felony in Ohio?

      In Ohio, both misdemeanors and felonies represent categories of crimes, but they differ primarily in terms of severity, potential penalties, and long-term consequences.

      Misdemeanors are less severe criminal offenses, though they still carry significant consequences. Ohio classifies misdemeanors into five degrees, with the first being the most severe and the fifth being the least. For example, a first-degree misdemeanor might involve offenses like petty theft or certain DUI offenses, resulting in penalties of up to 6 months in county jail and fines up to $1,000. Conversely, fifth-degree misdemeanors are less severe and might result in smaller fines and less jail time.

      Felonies are more serious offenses and carry stiffer penalties. Ohio categorizes felonies into five degrees as well, with the first degree being the most serious and the fifth degree being the least in terms of felonies. A first-degree felony, for instance, might pertain to crimes like aggravated robbery or attempted murder and could lead to penalties ranging from 3 to 11 years in prison and hefty fines. Fifth-degree felonies, although less severe than first-degree, still carry considerable penalties, which can include prison time.

      In addition to immediate penalties, the distinction between a misdemeanor and a felony has long-term implications. A felony conviction can significantly impact an individual’s ability to find employment, housing, or even obtain certain licenses. It also affects one’s voting rights and ability to possess firearms.

      Given the gravity of these consequences, it’s crucial to consult with a legal professional if facing either type of charge in Ohio, as the legal nuances and potential consequences can be complex and profoundly impact one’s life.

    • What is a plea bargain, and how does it work?

      A plea bargain is a negotiated agreement between the defendant’s attorney and the prosecution. This agreement typically involves the defendant agreeing to plead guilty to a lesser charge or to one of multiple charges in exchange for a reduced sentence, the dismissal of other charges, or other concessions from the state.

      The plea bargain process can be intricate. It often involves weighing the strength of the evidence, the potential penalties if convicted at trial, and the specific circumstances of the defendant. While plea bargains can expedite the legal process and provide a certain outcome, they also require the defendant to relinquish their right to a trial. It’s crucial to work closely with an experienced Toledo criminal defense attorney who can provide guidance on whether accepting a plea offer is in the defendant’s best interests.

    • How often will I be updated about my case’s progress?

      At our firm, transparency, and communication are cornerstones of our client relationships. We understand that facing criminal charges can be a distressing, uncertain experience. Therefore, we commit to providing regular updates at critical junctures of your case, whether that’s pre-trial hearings, negotiations, or changes in case strategy.

      Beyond these systematic updates, we foster an open line of communication where our clients are encouraged to reach out anytime they have concerns, questions, or require clarifications. Our aim is to ensure you’re always informed and empowered throughout the legal process.

    • How soon should I hire a defense attorney after being arrested?

      Engaging a defense attorney promptly after an arrest is of paramount importance. The period immediately following an arrest is often filled with critical moments that can significantly influence the trajectory of a case. Having an attorney early on ensures that your rights are protected from the outset and that you can avoid certain pitfalls, such as self-incrimination during police interrogations. Your interests are paramount to us; as soon as you contact an attorney, we begin to take charge of your case by starting the process of building a robust defense strategy. Early legal intervention can also impact bail considerations, evidence preservation, and witness testimonies. In essence, the sooner you have a defense attorney advocating for you, the better positioned you’ll be to navigate the complexities of the criminal justice system.

  • YOUNG dui

    • What Is OVI?
      Operating a vehicle impaired (OVI) means that you are driving a vehicle above the legal blood alcohol level or drug concentration. The legal limit in Ohio is .08%. If you are pulled over with a blood alcohol content level above this limit or with a concentration of drugs in your system above the legal limit, you could face serious penalties for OVI.
    • What Are the Penalties for OVI?

      There are many potential penalties that you can face if you are convicted of an OVI in Ohio, including:

      • Jail time
      • Immobilization of your vehicle
      • Restricted plates
      • Suspension of your driver’s license
      • Fines
      • Alcohol or drug treatment
      • A criminal record
      • Disqualification of a CDL driver

      You can combat these penalties by hiring an experienced criminal defense lawyer to help you.

    • How Much Does It Cost to Hire a DUI Defense Lawyer?

      Sometimes, you get what you pay for. If you go with a public defender, you might not be paying anything immediately out of pocket. While public defenders provide an admirable service, they are often overworked and underpaid. They may not have the time it takes to invest in a DUI case to present an effective case and may be in the habit of pleading out as many cases as possible to help with their workload.

      And, if you hire an inexperienced lawyer, you may still wind up with the same outcome but be responsible for their fees. While we can’t guarantee a result at Patituce & Associates, we have over three decades of legal experience and former prosecutors on our team. We know how to attack the prosecution’s case and fight for a favorable result. Also, we look at the big picture and try to provide you with cost and time savings in the long run.

    • How Can You Help Me?

      There are many ways that we can help you, including:

      • Thoroughly investigating your case and all potential defenses
      • Carefully examining the evidence against you to find flaws or inconsistencies, including the police report, the dash cam video, logs, field sobriety tests, and breathalyzer machine
      • Filing motions to dismiss charges or suppress evidence if your constitutional rights were violated
      • Protecting your driving rights by representing you at your administrative hearing
      • Helping you to reinstate your driving privileges
      • Working out the best deal possible if you are interested in a plea agreement
      • Trying to have your charges reduced
      • Representing you at trial
    • How Long Will an OVI Conviction Stay on My Record?
      A conviction for OVI can stay on your record for ten years and continue to cause stiffer penalties if you receive subsequent convictions for OVI or refusal.
  • YOUNG

    • How a Youngstown Criminal Defense Attorney Can Help

      If you were recently charged with a criminal case, you might be wondering whether you should hire a lawyer. Some of the ways that an experienced Youngstown criminal defense lawyer can help include:

      • Researching the caselaw relevant to your case and making effective legal arguments about it
      • Identifying possible defenses that could be raised
      • Discovering additional evidence that can aid in your defense
      • Identifying weaknesses in the prosecution’s case
      • Filing motions to limit the admissibility of evidence
      • Negotiating a plea bargain on your behalf
      • Providing straightforward advice about whether you should accept a plea agreement or proceed to trial

      We will help you every step of the way. today for a free case review.

    • What to Look for in a Criminal Defense Attorney

      You have the right to choose the criminal defense attorney you hire to represent you. However, not all lawyers are equally equipped to handle criminal defense cases. Here are some of the characteristics you can look for:

      • Experience in a wide range of criminal defense cases, including the particular type of case you are involved in
      • Honesty and straightforward advice as no ethical lawyer will try to guarantee results or say they know for certain how your case will turn out
      • Knowledge of how prosecutors construct their cases and how to identify vulnerabilities in the opposition’s case
      • Clear information about how they plan to approach your case and how they can protect your rights
      • The willingness to discuss their track record and how many cases like yours they have won

      At Patituce & Associates, we can discuss our qualifications with you during a free case review.

    • Can I Afford a Criminal Defense Attorney?

      Sometimes people make a grave mistake of not hiring a lawyer because they think they can’t afford one. However, when you are facing potential consequences like the loss of your freedom, expensive fines, the loss of driving privileges, or damage to your reputation, you need a strong advocate on your side.

      When you hire Patituce & Associates, we understand the seriousness of the consequences you are facing and can prepare a legal strategy that is tailored to your case. We will help protect your long-term objectives.

  • STRONGS

    • Why Choose Patituce & Associates as Your Strongsville Criminal Defense Attorneys

      At Patituce & Associates, our reputation precedes us. As a premier law firm specializing in criminal defense on both State and Federal fronts, our results don’t just speak for themselves — they’ve caught the attention of major national media outlets, including CNN, Fox News, ESPN, NBC, and USA Today. As a former assistant Cuyahoga County Prosecutor, Joe Patituce obtained a reputation for aggressively taking criminal cases to trial; since leaving the prosecutor’s office, he has maintained that reputation. However, our firm’s success lies in no one individual but rather our holistic team-based approach. It’s what gives our firm the capability to ardently represent our clients. Each member of our unique roster boasts a wealth of experience and a docket of achievements, both personal and professional.

      While no honorable lawyer can promise outcomes, they should succinctly convey their commitment to safeguarding your rights. Our Strongsville criminal defense attorneys at Patituce & Associates take our job extremely seriously because the consequences you face are serious-even a misdemeanor DUI/OVI charge can result in life-changing penalties, from losing your freedom to losing your job. We fight for our clients to ensure that their rights are protected in the face of a criminal accusation. If you want to fight the charges you face, we can help — even if your situation feels hopeless.

      Reasons Our Firm Can Benefit Your Case:

      • We’ve spent 70+ years in the legal profession
      • We’ve helped hundreds of clients and taken 200+ cases to trial
      • We are former prosecutors, so we know how to approach your case
      • We never charge for your first consultation — it’s completely free

      There may be times when the gravity of your case leaves you questioning whether even the most competent attorney can assist. Whether you’re confronting a felony or a misdemeanor, engaging a proficient legal expert without delay is paramount. Your case deserves a proactive approach that only a skilled criminal defense lawyer can provide.

    • Types of Cases We Handle in Strongsville, Ohio

      Our capable team is equipped to handle a variety of criminal defense cases in Strongsville and across the greater Ohio area, including:

      Our broad spectrum of practice areas underscores our commitment to providing comprehensive legal solutions for our clients. Whether you’re facing challenges related to criminal defense, family disputes, or corporate concerns, our seasoned team is equipped to navigate the intricacies of each legal domain, ensuring you receive unparalleled representation tailored to your unique circumstances. Whatever your legal needs, trust in our proficiency to guide you every step of the way.

    • Crime Statistics in Strongsville

      As of recent census data, Strongsville has a population of roughly 45,000. Our area is uniquely highly-educated and experiences relative safety compared to neighboring areas with a higher prevalence of violent crimes. However, as with any city, a wide range of criminal activities are bound to occur, leading to hundreds of arrests every year. The activities that make up the highest percentage of reported crimes in the area are assault, larceny, theft, and property crime.

      • In a recent reporting year, Strongsville documented a total of 1215 known offenses.
      • Assault makes up 39% of all reported criminal incidents in the region, with 51% being classified as simple assault, 31% as assault with intimidation, and 17% as aggravated assault.
      • The most commonly specified larceny and theft charges include theft from a motor vehicle (14%), shoplifting (14%), theft from a building (4%), and theft of motor vehicle parts or accessories (3%).

      Regardless of what charges you may be facing, you can count on your neighborhood criminal defense attorneys at Patituce & Associates when you need a champion in your corner.

    • What to Do if You’re Facing Criminal Charges in Strongsville, OH

      Being charged with a crime can be a terrifying experience, but it’s essential to remain calm and contact an attorney right away for advice tailored to your circumstances. In the immediate aftermath of an incident, you should take the following steps to help ensure your rights are protected:

      • Exercise Your Right to Remain Silent: Comply with law enforcement directives without offering additional information that isn’t specifically asked for. Remember, anything you say can be used against you in court. If you’re unsure about answering a question, you have the right to remain silent until you have consulted with an attorney.
      • Seek Legal Representation Immediately: This can’t be stressed enough. Engage a reputable criminal defense attorney, preferably one familiar with Strongsville’s legal landscape. The sooner you have an attorney to guide and advocate for you, the better your chances of navigating the system effectively.
      • Document Everything: If possible, write down everything you remember about the circumstances leading up to, during, and after the arrest. Details, no matter how small, can be crucial for your defense.
      • Avoid Discussing the Case: Refrain from discussing details of your case with anyone but your attorney. This includes family, friends, and especially on social media platforms.
      • Follow Your Attorney’s Advice: A seasoned criminal defense attorney will provide you with insights, strategies, and guidance tailored to your specific charges. Trust their expertise and follow their advice.

      If you find yourself facing criminal charges in Strongsville, Ohio, remember that prompt action and the right legal guidance can make a significant difference in the outcome of your case. Patituce & Associates is here to ensure your rights are protected and offer you the best possible defense.

    • How an Attorney Can Help Your Case, Pre-Arrest

      The moment you find yourself under the scrutiny of law enforcement or implicated in a criminal investigation, swift action is crucial to safeguard your rights and liberty. Engaging our legal services ensures proactive defense strategies tailored to shield you even before any charges emerge.

      Our dedicated criminal defense team strives to counteract and debunk the opposition’s arguments, aiming to prevent formal charges from ever being lodged against you. By offering pre-arrest consultations, handing formal written communications, and engaging with law enforcement agencies on your behalf, we can help contest alleged evidence and potentially even have your charges dismissed before they make it to your arrest record. However, time is of the essence. The best time to contact an attorney is as soon as possible.

    • Our Tried and True Strategies to Represent You at Trial

      When an individual faces charges, the subsequent legal journey can branch off in one of two primary directions; negotiations and litigation. Our mission at Patituce & Associates is not just about defending our clients but ensuring they receive the most favorable results and minimizing the repercussions that your charges may have on you in the long term.

      The perception of most criminal cases culminating in heated battles before a judge and jury isn’t entirely accurate. We believe that true legal prowess lies not in dramatic courtroom proceedings but in a profound grasp of the law, an in-depth dive into case specifics, and an unwavering dedication to championing a client’s cause. When it comes to addressing a criminal case, two primary avenues emerge:

      Plea Negotiations

      This path is often traversed outside the courtroom’s four walls. Here, your legal representation engages in a dialogue with the prosecution, negotiating terms that could lead to an equitable resolution, often without setting foot in a court.

      Litigation & Trial

      This is the more publicly understood facet of criminal defense, where both defense and prosecution lay out their cases in a courtroom setting. It’s a space of evidence, arguments, and counterarguments, with the prosecutor aiming to establish guilt and your defense attorney fervently advocating for your rights and innocence.

      Generally, most cases will resolve in out-of-court settlements, negotiations, and pleas. However, our attorneys, as seasoned trial lawyers, are prepared to pursue the option that is most likely to lead to a favorable outcome in your case, whether in or outside the courtroom.

    • The Process of Criminal Litigation in Ohio

      Navigating the maze of criminal litigation in Ohio requires a thorough understanding of each step, from the initial accusation to a potential court appearance. As soon as you become a person of interest or a suspect in a crime, the legal clock starts ticking. By enlisting our firm’s expertise, you are equipping yourself with a team determined to mitigate risks and strategically approach every phase of the litigation process.

      Beginning with the preliminary investigation, we dive deep into the nuances of your case, ensuring that every stone is turned and that every detail is meticulously analyzed. Our dedicated attorneys then proceed to pre-trial motions and preparations, working to negotiate or even quash charges during these critical stages. Depending on the specifics of your case, the process of criminal litigation will generally involve:

      • Discovery: A vital step where both parties share information about the case. This mutual exchange reveals the evidence at hand, aiding both sides in devising their strategies.
      • Evidence Suppression and Credibility: The defense may request the court to disallow certain evidence. Additionally, the legitimacy or relevance of evidence can be questioned. For example, evidence that breaches the defendant’s rights or is deemed irrelevant might be challenged. If an inquiry lacked probable cause, such as in the case of a search that was made without a proper warrant, it may be deemed inadmissible.
      • Investigation: Both sides probe into the case details. While prosecutors aim to bolster their claims, the defense seeks information to counter them. This in-depth stage could involve collecting various evidence types, from physical items to testimonies.

      Should your case advance to trial, our robust defense strategies are designed to challenge the prosecution at every juncture, always working towards your best possible outcome. We strive to stay one step ahead, using our deep understanding of Ohio’s legal landscape to benefit your defense.

      Your freedom, reputation, and future are on the line, and we treat each case with the gravity it deserves. Remember, early intervention is key. Reach out at the first hint of legal trouble to secure the best defense possible.

    • Risks & Benefits of Proceeding with Trial

      A criminal trial offers the defendant a platform to publicly contest and challenge the charges in front of a judge or a jury. This setting can sometimes be the most favorable environment to unravel intricate facts and lay out detailed defenses that may not be evident in initial investigations. Moreover, a trial allows for the exhaustive examination of evidence and testimony, which, when handled astutely, can tilt the outcome in favor of the accused.

      On the other hand, trials also present inherent risks. The nature of the judicial system means outcomes can be unpredictable, even with the most compelling defense. Opting for a trial might result in higher legal costs and extended duration, which can take a toll both emotionally and financially. Furthermore, if the case doesn’t conclude in the defendant’s favor, they might face steeper penalties compared to what might have been negotiated in a plea agreement.

      Furthermore, the local nuances and legal intricacies of where the alleged crime took place, and your personal background can add layers of complexity. Thus, having an experienced legal team by your side is indispensable. Our firm’s deep understanding of the Ohio criminal landscape ensures that we guide our clients through the labyrinth of decision-making, balancing the potential rewards against the risks. Whether to proceed with a trial or seek alternative resolutions is a critical decision, and our commitment is to provide the most informed, strategic counsel at every juncture.

    • Additional Resources for Criminal Defense in Strongsville

      You may access the state statutes contained within the Ohio Revised Code for information about specific topics within criminal law. Furthermore, the ORC contains a list of punishment guidelines for misdemeanors and felonies within the state.

      For an in-depth topical analysis of criminal charges and what you need to know as a defendant, visit our blog. However, take note that the information contained on our site does not constitute legal advice, nor can it replace the invaluable help and wisdom of a trained criminal defense attorney.

    • Information on the Strongsville Mayor’s Court

      All traffic offenses and misdemeanor criminal cases committed in Strongsville are heard in Mayor’s Court.

      If you contest the charges, the case is moved to Berea Municipal Court.
      If you were arrested for a felony, your case will be heard in Cuyahoga County Court.

  • SEVEN

    • Don’t make the mistake of pleading guilty or making a decision about your case without a Seven Hills defense lawyer by your side. When a person is charged with a violation of local ordinances, DUI/OVI, or misdemeanor crimes in Ohio, their case will typically first be heard in the local Mayor’s Court.

      In Seven Hills, the Mayor’s Court meets twice a month, and you’ll be expected to enter a plea in your matter when you appear there. If you plead guilty, you’ll take the penalties as ordered by the court. If you plead not guilty, your matter will move to the Parma Municipal Court, in Parma, Ohio.

    • Seven Hills Mayor’s Court Information

      Cases charged in Seven Hills will be transferred to Parma Municipal Court when the defendant pleads not guilty.

      Types of Cases Heard

      • Traffic Tickets
      • DUI/OVI
      • Misdemeanor Criminal

      Clerk of Court:

      • Debbie Dvorak, Clerk of Court
      • Mary Dolansky, Assistant Clerk of Court
    • Make the Right Choice for Your Future

      Even if you’re not a resident of Seven Hills, local police can charge you in connection to a number of violations or crimes that will require you to report to court there. The question you need to consider is whether you want to live with the consequences of what they say you’ve done – or fight back against the charges and potentially move on with your life without a blemish on your record. Criminal convictions, even when they result from a guilty plea, can have a strongly negative impact on your life. Some charges will be punished with fines, but others will result in jail or prison time and leave you in a position of having to explain a criminal record to future employers. Some misdemeanor charges can even impact things like your right to own firearms in the future.

      What Sets Patituce & Associates Apart:

      • We’ve helped hundreds of clients.
      • Your first consultation is always free.
      • We put our client’s well-being first.
      • More than 70 years of legal experience.
  • SAN dui

    • Why Choose Our Sandusky DUI Defense Lawyers?

      Choosing the right legal team is the key to successfully defending an OVI charge. Patituce & Associates stands out for several reasons. With our team’s combined experience of over 70 years, including handling more than 200 trials, we’re well-prepared to assist you.

      Our lawyers have also worked as prosecutors before. It gives us a unique perspective on how the other side thinks. We offer no-cost, confidential phone consultations. We are the firm other attorneys, police, and prosecutors turn to.

    • First OVI Offense

      Instead of driving while intoxicated (DWI) or driving under the influence (DUI), Ohio labels those offenses as OVIs, or operating a vehicle impaired.

      A first-time OVI offense within ten years is considered a misdemeanor.

      The penalties generally include:

      • Jail time ranges from three days to six months.
      • Fines between $375 and $1,075.
      • A license suspension lasting one to three years.

      These penalties increase if the driver’s blood alcohol content (BAC) is .17 percent or higher.

    • Second OVI Offense
      For a second OVI within ten years, also classified as a misdemeanor, the offender may face ten days to six months in jail, fines from $525 to $1,625, and a license suspension period extending from one to seven years.
    • Third OVI Offense
      A third OVI within ten years carries stiffer penalties. This misdemeanor can result in 30 days to one year in jail, fines ranging from $850 to $2,750, and a license suspension for two to 12 years.
    • Fourth and Subsequent OVI Offenses

      A fourth OVI conviction within ten years elevates the charge to a fourth-degree felony. This can lead to 60 days to five years in jail and fines between $1,350 and $10,500.

      If an individual has any prior felony OVI convictions, subsequent OVI offenses are treated as felonies, typically third-degree felonies, which generally entail 60 days to five years in jail and fines from $1,350 to $10,500.

    • OVIs Involving Injuries and Deaths

      OVIs that result in severe injuries to another person are classified as aggravated vehicular assault, usually a third-degree felony. This can carry a sentence of 12 to 60 months in jail and fines up to $10,000.

      If an OVI causes the death of another person, known as aggravated vehicular homicide, it’s a second-degree felony. This charge can lead to at least two years in prison and fines of up to $15,000.

      At Patituce & Associates, we understand the significant impact these penalties can have on your life. Our team is here to help you overcome these challenges and work towards the most favorable outcome in your case.

      to discuss your situation and how we can assist you in your OVI defense.

    • How We Defend Against OVI Charges
      At Patituce & Associates, we recognize that each OVI case is unique and requires a detailed and personalized approach. Our decades of experience handling OVI cases in Ohio equips us with the knowledge to defend these charges effectively.
    • Understanding How the Incident Happened

      Our first step in any OVI case is to thoroughly understand the specifics of the incident.

      We examine the circumstances of the arrest, including the procedures followed by law enforcement. It includes reviewing the traffic stop, the field sobriety tests, and administering Breathalyzer or blood tests. Any procedural errors or violations of Miranda rights can help form the defense strategy.

    • Evaluating Evidence
      We evaluate all evidence presented in the case. This involves analyzing police reports, breathalyzer test results, and any video footage from the incident. Our team looks for inconsistencies or flaws in the evidence that can benefit your defense.
    • Representing Clients at Every Stage
      From the initial hearing to potential trial proceedings, we represent and support our clients at every stage of the legal process. This includes arraignment, pre-trial conferences, motion hearings, and, if necessary, trials.
    • Plea Bargain and Negotiation

      In some cases, negotiating a plea bargain can be the most strategic option. Our lawyers are skilled in negotiating with prosecutors to reduce charges or penalties potentially. It is particularly important in cases where the evidence is strong against the client, but mitigating factors can be presented in their favor.

    • License Suspension Hearings
      An OVI arrest often accompanies administrative penalties, including suspension of driver’s license. We represent clients in BMV hearings to challenge license suspensions, ensuring that all legal avenues are explored to maintain or restore driving privileges.
    • Expert Opinions
      In certain cases, expert witnesses are used to challenge the technical aspects of the charge, like the accuracy of a breathalyzer test. We collaborate with specialists in toxicology, forensic science, and law enforcement procedures to provide expert testimony that offers a different perspective on the evidence against you.
    • Before the trial, we actively participate in legal motions and hearings. These pre-trial activities can help exclude certain pieces of evidence or obtain favorable rulings on key legal questions.
    • Mock Trials and Preparation
      To ensure readiness, we sometimes conduct mock trials. This practice allows us to anticipate the prosecution’s approach and refine our strategy. It also helps in preparing you, our client, for testimony, giving you a sense of what to expect in the courtroom.
    • Courtroom Presentation

      Our preparation ends in the courtroom presentation. We focus on clear, persuasive communication, ensuring your story is told effectively and compellingly. Every aspect, from opening statements to cross-examinations and closing arguments, is carefully planned and executed to achieve the best possible outcome.

      At Patituce & Associates, preparing for an OVI trial is a process marked by diligence, thoroughness, and strategic planning. Our goal is always to provide the most effective defense for our clients, and our careful trial preparation reflects this commitment. If your case is going to trial, you can trust that our team will be ready to advocate strongly on your behalf.

    • Post-Trial Support

      At Patituce & Associates, our commitment to our clients doesn’t end when the trial ends. We understand that the journey through the legal system can continue even after a verdict has been reached. That’s why we offer ongoing support and guidance through any post-trial processes that might be necessary.

      If the trial does not result in a favorable outcome, we will help you understand what can be done next. One of the first steps we consider is the possibility of an appeal.

      An appeal is a way to ask a higher court to look at your case again. We carefully review the trial record to identify any legal errors that might have affected the outcome. A mistake in how the court applied the law could provide grounds for an appeal and a different result.

      Sometimes, post-conviction procedures can change the result of your trial or the penalties you face. This can include asking for a new trial if new evidence comes up, or trying to reduce your sentence. We look at all the details of your case to see if any of these options work for you.

      We also help with the practical sides of post-trial life. This can include dealing with the effects of a driver’s license suspension or advising on managing fines or probation terms. Our team is here to answer your questions and ensure you understand what needs to be done.

      At every step, we stay in close communication with you. We ensure you’re updated about what’s happening and your options. We also listen to your concerns and ensure we do everything possible to help.

      The time after a trial can be challenging, but you don’t have to face it alone. At Patituce & Associates, we provide the support and assistance you need as you move forward. Whether exploring appeals, reviewing post-conviction options, or understanding what comes next, our team is here to help.

    • What to Do After OVI Charges in Ohio

      If authorities charge you with an OVI in Ohio, here’s what you should do to protect yourself and your rights:

      Remain Calm and Cooperative

      Stay calm and cooperative during the traffic stop and subsequent interactions with law enforcement. However, be mindful of your rights. You have the right to remain silent and the right to an attorney. Politely exercise these rights.

      Avoid Admitting Fault

      While you should cooperate, avoid admitting fault or making detailed statements about the incident. Be cautious with your words, the authorities can use anything you say against you in court. It’s okay to provide basic information like your name and address. Still, wait until you have legal representation for more detailed questions, especially those about the incident.

      Document Everything

      If possible, make mental notes or write down everything about the stop and arrest as soon as you can. This includes the time, location, reason for stopping, and how the sobriety tests were conducted (if any). Also, note any statements you made to the police. You need these details for your defense.

      Do Not Refuse a Breathalyzer Test Without Understanding the Consequences

      Refusing a Breathalyzer test in Ohio can lead to an automatic license suspension under Ohio’s implied consent law. However, you might make refusing part of your legal strategy. It’s a complex decision, so consult a lawyer as soon as possible if you need clarification.

      Contact a Lawyer Immediately

      Getting in touch with a lawyer experienced in OVI defense in Ohio as soon as possible is recommended. An experienced lawyer can guide you through the process, help protect your rights, and start building your defense.

      Patituce & Associates has experience handling such cases and can provide the guidance and representation you need.

      Prepare for a License Suspension

      Ohio law allows for immediate license suspension if you fail a Breathalyzer test or refuse to take one. Prepare for this possibility and discuss with your lawyer how to challenge the suspension or obtain limited driving privileges.

      Understand the Court Process

      OVI charges in Ohio usually involve court appearances, starting with an arraignment. Your lawyer can explain what to expect at each stage of the process and how to prepare for your appearances.

      Follow All Legal and Court Orders

      If the court imposes any restrictions or orders, such as not driving or attending a treatment program, it’s essential to follow them strictly. Violating these orders can lead to additional legal problems.

      Stay Informed and Involved in Your Case

      Stay in regular contact with your lawyer and actively defend yourself. Ask questions and stay informed about the developments in your case. Your active participation can be an essential part of building an effective defense.

      Facing an OVI accusation in Ohio can be challenging, but remember, you have rights, and with the proper legal support, you can navigate this situation.

      At Patituce & Associates, we’re committed to helping our clients through this challenging time with our knowledge and experience in Ohio OVI law. If you’re facing such a charge, to see how we can assist you.

  • SAN

    • Criminal Defense Cases We Handle

      At Patituce & Associates, we handle a comprehensive range of criminal defense cases. We have former felony-level prosecutors on our team who provide us with unique insight and assistance in complex cases.

      We are capable of handling any criminal matter. today to get started on mounting a strong defense.

    • Tailored Defenses to Suit Your Situation

      The criminal defense firm of Patituce & Associates has over 70 years of combined legal experience with lawyers who have taken over 200 cases to trial. This robust experience has taught us the importance of legal defenses that are tailored to our client’s unique situation.

      Some strategies that have proven effective in previous cases and that may benefit your defense might include:

      • Making discovery requests – Our team can demand the government produce all the evidence it plans to use against you, as well as evidence that weighs in your favor. Once we have all of the information in hand, we can determine how to best structure your defense.
      • Suppressing evidence – If evidence was obtained against you in violation of your rights, we can file legal motions to ask the judge to suppress the evidence. Depending on the situation, this strategy may also provide the basis to dismiss the criminal charges against you, or to at least weaken the prosecution’s case if we are successful.
      • Challenging the credibility of evidence – If evidence cannot be suppressed, we may challenge its credibility. We will ensure the prosecution is held to its high burden and your rights are protected throughout the process.
      • Conducting a separate investigation – We have seen too many criminal defense attorneys simply accept the case the prosecution hands to them. We can hire private investigators to conduct a separate investigation when appropriate, which might help uncover important evidence to aid in your defense.

      We will also conduct a thorough analysis of your case, identify the strengths of your case, and highlight the weaknesses of the prosecution’s case.

  • OHIO white collar

    • Types of White-Collar Criminal Charges

      At Patituce & Associates, LLC, we understand the complexities of white-collar criminal charges and the potential consequences they carry. As former prosecutors, we leverage our experience to not only defend you against these charges but also guide you through the legal process.

      Our firm represents Ohio residents in a wide range of white-collar criminal cases, including the following:

      • RICO Charges: Racketeer Influenced and Corrupt Organizations (RICO) charges are typically serious. These crimes are often committed over multiple years and involve multiple people associated with an organization.
      • Embezzlement: This crime occurs when employees who are trusted to handle the funds of their employer take part of this money as their own. In Ohio, criminal charges for embezzlement depend on the amount of money taken.
      • Securities Fraud: Securities fraud is a type of white-collar crime that involves the provision of false information that influences investors to make certain decisions in the stock or commodities market. This can involve insider trading, market manipulation, or Ponzi schemes.
      • Tax Fraud: Tax fraud refers to intentional actions to get out of tax payments. This can mean underpaying taxes or avoiding them altogether. Common forms of tax fraud include hiding income or assets, claiming false deductions or exemptions, and failing to report all income.
      • Mortgage Fraud: Mortgage fraud occurs when someone misrepresents themselves to get loan approval. This can involve lying about his or her income, employment, or assets, or providing false documentation to support their application.
      • Mail or Wire Fraud: Mail or wire fraud is a type of fraud that is commonly committed by disguising the sender as a legitimate business. Wire fraud is the electronic version of mail fraud. This can involve schemes like phishing or investment scams.
      • Conspiracy: Conspiracy charges are filed when there is a suspicion that two or more people are planning a crime. This is very common in white-collar crime because it is difficult for one person to complete significant fraud alone. This can involve a wide range of criminal activities, from insider trading to Ponzi schemes.
      • Prescription Drug Fraud: Prescription drug fraud involves obtaining or distributing prescription drugs illegally. This can involve using stolen prescription pads to obtain drugs, altering legitimate prescriptions, or giving false callback numbers to verify prescriptions.
      • Theft from Businesses: This type of white-collar crime involves stealing goods or money from a business. Petty theft is the theft of goods under $1,000, while a first-degree felony charge may be given to those caught stealing more than $1.5 million.
    • Penalties for White-Collar Crimes in Ohio

      White-collar crimes are serious offenses that can result in severe and long-lasting consequences for those convicted. Penalties for these crimes can include imprisonment, fines, court costs, criminal forfeiture of personal and real property, and payment of other additional costs. Typically, white-collar crimes charged at a federal level result in harsher penalties than those charged at the state level.

      Most white-collar crimes in Ohio can result in either a misdemeanor or felony conviction. Certain offenses in Ohio require mandatory prison sentences, which means that offenders will be required to serve a certain amount of time behind bars, regardless of any mitigating circumstances.

      For example, a first-degree misdemeanor conviction can result in up to 180 days in jail and/or fines of up to $1,000. For crimes that are charged as first-degree felonies, the convicted offender could face up to 10 years in prison and fines of up to $20,000.

    • Defense Strategies for White-Collar Cases

      If you are facing charges for a white-collar crime in Ohio, it is important to have a criminal defense attorney on your side who can help to minimize the potential penalties and consequences. As former prosecutors who have prosecuted everything from murder to financial crimes, the attorneys at Patituce & Associates, LLC are well-versed in the complexity of financial investigations. We know the techniques employed by prosecutors to obtain convictions in these cases and, as such, we are uniquely qualified to mount a strong defense and obtain the best possible outcome for our clients.

      In white-collar cases, the optimal defense strategy will depend on the unique circumstances of the charges. Below are some common strategies we employ:

      • Entrapment: If we can prove that you would not have committed the crime without the influence of an undercover officer, we can employ an entrapment defense.
      • Lack of Intent: The prosecutor usually needs to show that the defendant acted with the intent to defraud or illicitly obtain money or assets. If he or she cannot prove intent, we can argue that the case should be dismissed.
      • Insufficient Evidence: We can argue that there are holes in the prosecution’s argument or a lack of evidence to prove the element of the crime.
      • Illegal Search or Seizure: We will investigate and question the integrity of the investigation and any evidence that was obtained. If evidence was illegally obtained, we can request that the judge dismiss it.
      • Statute of Limitations: Most crimes have a statute of limitations within which a prosecutor must file charges. If charges are not filed within the applicable time limits, we can raise this defense.
      • Coercion or Duress: If you commit a crime due to physical or verbal threats, we can argue that you acted under duress or external pressure.
  • OHIO traffic

    • We Represent Several Types of Ohio Traffic Cases

      Navigating the repercussions of a traffic citation can be complicated. However, simply paying the fine is essentially admitting guilt, which may lead to points on your driver’s license and increased insurance premiums. In these situations, it is important to work with an Ohio traffic offenses lawyer who can help you contest the citation or negotiate a more favorable outcome.

      The Ohio criminal defense attorneys at Patituce & Associates, LLC represent clients in a variety of traffic matters, including the following:

      • Speeding tickets: Violations of speed limits or driving at a speed deemed unreasonable for road conditions are prohibited under O.R.C. 4511.21.
      • Texting while driving citations: According to O.R.C. 4511.204, drivers can be charged with a minor misdemeanor for using a handheld electronic device to write, send, or read texts while driving on public roads, barring certain exceptions such as emergency use.
      • Running red light/stop sign tickets: Under O.R.C. 4511.12, drivers must obey all traffic control devices. Failure to do so can result in serious penalties, which escalate based on the number of offenses.
      • CDL holders/truckers citations: Commercial driver’s license (CDL) holders found guilty of traffic law violations can face CDL disqualification, which ranges from 60 days to life, during which no CDL privileges are permitted.
      • Insurance lapses: O.R.C. 4509.01 requires drivers to maintain valid insurance on their vehicles, including minimum liability coverage for bodily injury and property damage. Failure to provide proof of insurance can result in a license suspension.
      • Occupational licenses: Individuals with suspended driver’s licenses can apply for an occupational license, which grants limited driving privileges for specific purposes. However, failing to comply with the conditions of the license could result in an unclassified misdemeanor charge.
    • How to Defend Against a Traffic Ticket

      Successfully defending against a traffic ticket requires a deep understanding of Ohio traffic laws and the specifics of your case. An Ohio traffic offense attorney will take the time to learn about your case and develop a unique defense strategy tailored to your situation. To contest the traffic citation, your attorney may:

      • Assess the validity of the ticket: We’ll examine the details of your citation, identify any errors or inconsistencies, and determine if there are grounds for dismissal.
      • Gather evidence: We will collect any necessary evidence to support your case, such as dashcam footage, witness statements, and expert testimony.
      • Take charge of negotiations: In some cases, we may be able to negotiate to reduce the charges, minimize the fines, or prevent points from being added to your driving record.
      • Represent you in court: If necessary, your lawyer will take your case to court, presenting a compelling defense and advocating for your best interests.
  • OHIO theft

    • The choices you make today can significantly impact your future, especially when facing theft charges in Ohio. It’s crucial to prioritize hiring a theft crime defense attorney who can fight aggressively to protect your rights and interests.

      Many people underestimate the gravity of the charges that they face, often relying on public defenders or attorneys without the proper legal experience. These decisions can result in life-long consequences. While public defenders provide valuable services to the community, they are often overwhelmed with cases and may encourage their clients to accept plea deals even when it may not be in their best interest. Lawyers without theft crime expertise may not be able to provide the most informed guidance or craft strong defense strategies for their clients.

      If you are convicted of a theft crime, penalties can range from 6 months in jail to 10 years in state prison, in addition to carrying a criminal record for the rest of your life. To safeguard your future, it’s essential to secure the best possible legal representation that can help you navigate the complexities of your case and work towards the most favorable outcome.

    • We Represent Many Types of Theft Crimes Cases in Ohio

      At Patituce & Associates, LLC, our attorneys have years of experience defending those charged with theft crimes in Ohio. We have achieved successful outcomes for many of our clients and work tirelessly to craft unique defense strategies tailored to your unique situation.

      Our Ohio theft crimes attorneys represent clients in several types of theft crime cases, including the following:

      • Trademark counterfeiting
      • Receiving stolen property
      • Tampering with records
      • Telecommunications fraud
      • Workers’ compensation fraud
      • Insurance fraud
      • Motion picture piracy
      • Unauthorized use of a vehicle
      • Identity fraud
      • Felony of fifth-degree regardless of the value of the property
      • Making or using slugs
      • Passing bad checks
      • Misuse of credit cards
      • Personating an office
      • Defrauding a rental agency or hostelry
      • Securing writings by deception
      • Medicaid fraud
      • Criminal simulation
      • Unlawful display of law enforcement emblem
      • Defrauding creditors
      • Unlawful use of telecommunications device
      • Possession or sale of unauthorized cable television device
      • Unauthorized use of property – computer, cable, or telecommunication property
      • Forging identification cards or selling or distributing forged identification cards
      • Illegally transmitting multiple commercial electronic mail messages (spamming)
    • What Are the Penalties for Theft in Ohio?

      In Ohio, penalties for theft crimes, including receiving stolen property, are determined based on the value of the stolen goods. The severity of charges and corresponding penalties increase as the value of the stolen property rises.

      For property valued at less than $1,000, the charge is a first-degree misdemeanor, which carries a potential sentence of up to 6 months. Theft of goods valued between $1,000 and $7,500 is classified as a fifth-degree felony, punishable by six months to one year in prison. If the stolen property’s value ranges from $7,500 to $149,000, the charge becomes a fourth-degree felony, with possible sentences of 12 to 18 months, along with fines and restitution.

      When the value of the stolen goods is between $150,000 and $749,000, the crime is considered a third-degree felony, which can result in a prison sentence of up to five years. Theft of items valued from $750,000 to $1.5 million may lead to a second-degree felony conviction, with potential prison terms of two to eight years.

      Lastly, if the stolen property exceeds $1.5 million in value, the offender faces a first-degree felony charge and the possibility of up to a 10-year prison sentence. With such dire consequences at stake, it is essential to seek the help of a criminal defense lawyer as soon as possible following the arrest.

    • Benefits of Hiring a Criminal Defense Attorney

      By hiring a Ohio criminal defense attorney, you are investing in your future and taking proactive steps to protect your rights and freedom. Having a theft crimes lawyer from Patituce & Associates, LLC on your side can provide several important benefits for your case, including:

      • Expertise in criminal law: Our attorneys have specialized knowledge and experience in navigating the complexities of theft cases, which allows them to develop effective defense strategies tailored to your situation.
      • Protecting your rights: Your attorney will fight to ensure that your rights are upheld throughout the legal process, safeguarding you from potential injustices or procedural violations.
      • Negotiating plea deals: If appropriate for your case, your attorney can negotiate with prosecutors to secure a favorable plea deal, potentially reducing the charges or penalties that you are facing.
      • Mitigating consequences: Your lawyer can work to minimize the potential consequences of a theft conviction, such as reducing jail time, fines, or probation requirements.
      • Emotional support: Facing theft charges can be emotionally challenging, and the criminal justice process can feel daunting. Your attorney can provide you with the reassurance and guidance necessary to navigate the legal system.
  • OHIO sex

    • Why Choose Patituce & Associates, LLC?

      Selecting the right legal representation for a sex crime is one of the most important decisions you’ll ever make. So why should you choose Patituce & Associates, LLC?

      The answer is simple: We provide individualized attention and strategic legal solutions that make us stand out in Toledo and Cleveland.

      Local Experience

      With strategic locations in Cleveland and Toledo, we pride ourselves on our deep understanding of local Ohio law. We are familiar with the judges, prosecutors, and clerks in the Cleveland and Toledo areas, which gives us valuable insight into how to best position your case for success.

      Knowing the local legal culture can often make a difference in the outcome of a case. With Patituce & Associates, you’re getting a legal team deeply embedded in the Cleveland and Toledo communities.

      Convenient Locations

      Accessibility is another reason why so many people choose Patituce & Associates. Our Cleveland office is conveniently downtown on Superior Avenue, making it an easy destination whether you’re arriving by public transportation or private vehicle.

      For those closer to Toledo, our office is on 14th Street near the Lucas County Clerk of the Court of Common Pleas and the Lucas County Sheriff’s Office. This location is easily reachable so you can access the top-notch legal advice you need without any unnecessary hassle.

      Our multiple locations mean that quality legal help is never far away.

      Hands-On Approach

      Legal issues are often complex and stressful, which is why we take a hands-on approach to every case we handle. From your first consultation to the final settlement, you’ll receive one-on-one attention from our attorneys.

      We make it a point to keep you updated at each stage so you understand what’s happening and your options. Our goal is to make the legal process as clear and understandable as possible so that you can make informed decisions.

      A Track Record You Can Trust

      While any law firm can make claims about its competence, we let our track record speak for itself. Over the years, we have developed a reputation for integrity, professionalism, and, most importantly, results. We are proud of the positive outcomes we’ve achieved for our clients, and we bring the same level of dedication to each new case.

      Tailored Legal Strategies

      Every client is unique, and every legal issue has its own challenges. That’s why we don’t take a one-size-fits-all approach. We carefully evaluate your situation and develop a customized legal strategy designed to achieve the best possible outcome for you.

      Even if we advise you to accept a plea agreement, it is ultimately your decision. If you make the informed decision to fight your charges at trial, we can prepare to go to court. We respect that every client and charge is different.

    • What Is at Stake? Understanding the Consequences

      The ramifications of a sex crime conviction in Ohio extend beyond prison sentences and financial penalties. They have a long-lasting impact on your life, affecting your employment prospects, housing options, and social relationships.

      Given the gravity of sex crimes, both Cleveland and Toledo have established specialized units for their investigation of sex crimes.

      The Ohio Revised Code outlines the categories of sex crimes, some of which include:

      In Ohio, prosecutors can charge these sex crimes as misdemeanors or felonies, each further subdivided into varying degrees based on the severity of the offense.

      Misdemeanors range from first to fourth degree, while felonies are classified from first to fifth degree.

      • Misdemeanors: Lesser offenses like public indecency or voyeurism typically fall under this category.
      • Felonies: More severe crimes like rape, sexual battery, or child molestation are usually felonies.
    • Penalties in Ohio for Sex Crimes

      Sex crimes are serious offenses in Ohio that can result in harsh penalties, such as prison time, fines, and registration as a sex offender. The severity of the penalties depends on the type and degree of the sex crime and the age of the victim and the offender. Here is a summary of some common sex crimes and their penalties in Ohio.

      Rape

      Rape is sexual conduct with another person by force, threat of force, or deception, or when the other person is under 13 years old or impaired by drugs, alcohol, or a mental or physical condition.

      Rape is a first-degree felony that can be punished by three to 11 years in prison and up to a $20,000 fine. However, if the victim is under ten years old or the offender causes serious physical harm, the penalty can be life without parole.

      Sexual Battery

      Sexual battery is engaging in sexual conduct with another person by coercion, fraud, or when the other person is in a position of authority, trust, or dependency.

      Sexual battery is a third-degree felony that can be punished by nine to 60 months in prison and a $15,000 fine. However, if the victim is under 13 years old, it becomes a second-degree felony that can be punished by two to eight years in prison and a $10,000 fine.

      Failing to Comply with Sex Offender Registration

      This crime includes not registering or verifying your address as a sex offender or living within 1,000 feet of a school, preschool, or child daycare center.

      The penalty for this offense depends on the tier level of the offender.

      • Tier I offenders must register once a year for 15 years and face a fifth-degree felony for noncompliance.
      • Tier II offenders must register every 180 days for 25 years and face a fourth-degree felony for noncompliance.
      • Tier III offenders must register every 90 days for life and face a third-degree felony for noncompliance.
    • Additional Penalties

      Apart from imprisonment and fines, there are other consequential penalties, such as mandatory registration as a sex offender, which can range from 15 years to life, depending on the offense.

      You might also face:

      • Restraining Orders: Courts may issue restraining orders limiting access to certain places or people.
      • Loss of Custody: If you have children, a sex crime conviction can severely impact your custody rights.
      • Employment Consequences: A conviction can lead to immediate termination from your job and difficulty in finding future employment.
      • Social Stigma: Perhaps one of the most lasting penalties is the societal stigma attached to being convicted of a sex crime. This can affect your personal relationships and professional life long after you’ve served your sentence.
    • Given the severe penalties associated with sex crimes in Ohio, you need to have knowledgeable legal representation.

      At Patituce & Associates, LLC, we can help you understand the charges against you, explore potential defenses, and develop a strong legal strategy.

    • Steps to Take Post-Accusation

      Facing an accusation of a sex crime is an experience that can trigger a range of emotions—fear, anxiety, and confusion. It’s easy to feel overwhelmed, but taking immediate, appropriate steps is crucial in securing the best possible outcome for your case.

      Here are some steps to take post-accusation for sex crimes and how adhering to these guidelines can benefit you when you bring your case to Patituce & Associates, LLC.

      Documentation is king. Gather any and all forms of documentation that can be relevant to your case. Financial transaction records, like credit card receipts or bank statements, can establish your whereabouts at the time of the alleged incident. They can help corroborate your story and should be saved and organized.

      While you may consider disposing of or hiding anything that you feel can work against you, it’s best to resist that urge. Tampering with evidence can lead to additional charges and may hurt your defense. Instead, preserve any objects, text messages, or emails that can become important later. The idea is to provide a holistic view of the circumstances surrounding the alleged event.

      Don’t forget to obtain a copy of the police report. This document often contains the initial observations and statements that can come up later in court. If possible, also make note of the names and contact information of any witnesses, as their testimony can be necessary for clearing your name.

      Next, adhere to all legal protocols. This includes complying with any restraining orders and court dates. Ignoring these orders will not only weaken your case but may also result in additional penalties. Your timeliness and respect for the law can go a long way in court and you should never overlook these factors.

      Even if you feel like you want to clear your name immediately by talking to the police or the accuser, consult with an experienced attorney before making any statements.

      Anything you say can prosecutors can use against you, so have legal counsel present during questioning to guide you. Remember, an attorney can provide you not only with advice but also a much-needed buffer between you and law enforcement.

      Once you have all your documentation and legal counsel, you’ll position yourself to mount a defense.

      This is where bringing your case to a law firm like Patituce & Associates, LLC becomes beneficial. Our team can sift through the evidence, interview witnesses, and create a strong defense strategy tailored to your specific circumstances.

      We can also explain the severity of the charges you’re facing, the possible legal ramifications, and the best course of action for your particular situation.

      So, while the journey through the legal system may be long and filled with challenges, these steps provide you with a roadmap to better navigate it. Accurate and thorough documentation, adherence to legal protocols, and, most importantly, legal representation give you the best chance at securing a favorable outcome.

    • Joesph C. Patituce, Ohio Sex Crimes Lawyer

      Our mission isn’t just to provide you with legal assistance but to offer a holistic approach to your defense, incorporating everything from evidence gathering to emotional support.

      With Patituce & Associates, LLC, you’re not just another case number—you’re a human being deserving of dignity, respect, and, above all, a fair shot at justice.

      So don’t wait. Your future is on the line, and time is ticking away. The sooner you get in touch with us, the sooner we can begin the important work of defending your name and protecting your future.

      online or reach out to our Cleveland office at (440) 771-1175">(440) 771-1175and let us provide you with the legal guidance you need during this critical time. Every second counts; make yours count for something positive by choosing Patituce & Associates, LLC.

  • OHIO murder

    • If you or a loved one is being investigated or has been arrested for murder, do not speak to the police without first contacting an attorney. The police are trained interrogators and even innocent statements that you make while in custody can be used against you in court. Facing a murder or manslaughter charge is an incredibly serious situation, and you need an attorney on your side who can fight for you.

      The Ohio criminal defense lawyers at Patituce & Associates, LLC take a client-centered approach to each case. We will carefully investigate the facts of your case, challenge the evidence that the prosecutor presents, and fight aggressively for your best possible outcome.

    • Different Types of Homicide Charges in Ohio

      Different types of homicide charges exist in Ohio and understanding each one is crucial when facing legal penalties. Depending on your case, you could face any of the following charges:

      • Negligent Homicide: When a person accidentally kills another with the use of a deadly weapon or dangerous ordinance; prosecuted as a first-degree misdemeanor with up to six months in jail and a $1,000 fine
      • Reckless Homicide: When a person engages in reckless behavior that causes the death of another; prosecuted as a third-degree felony with up to 5 years in prison and $10,000 in fines
      • Murder: When an individual purposely causes the death of another or causes the death of another as a proximate result of committing certain violent crimes; often carries a life sentence
      • Aggravated Murder: When a murder was committed purposely and with prior calculation and design or a victim is purposely killed while the defendant was committing certain crimes like rape, kidnapping, or arson
      • Voluntary Manslaughter: When a person knowingly causes the death of another person while in a sudden passion or fit of rage; prosecuted as a first-degree felony carrying a prison sentence of three to 10 years and fines of up to $20,000
      • Involuntary Manslaughter: When someone causes the death of another person while in the commission of a misdemeanor or a felony, but where there was no intent to cause the death; can result in one to 10 years in prison
      • Vehicular Homicide/Manslaughter: When a person causes the death of another with a vehicle; can range from 90 days to life in prison and license suspension depending on the degree of the charge and case specifics
  • OHIO shaker

    • City of Shaker Heights Municipal Court
      • Hours of Operation: 8:30 – 5:00 Mondays & 8:30 – 4:30, Tuesday thru Friday
      • Street Address: 3355 Lee Rd., Shaker Heights, Ohio 44120
      • Phone: (216) 491–1300
      • Website: www.shakerheightscourt.org
    • Cases Heard
      • Traffic Tickets
      • Criminal
      • OVI (DUI)
    • Municipalities in this Court’s Jurisdiction
      • Beachwood
      • Hunting Valley
      • Pepper Pike
      • Shaker Heights
      • University Heights
    • Judge & Court Information
    • What a Shaker Heights Criminal Defense Lawyer Can Do

      The role of a criminal attorney is to defend you from charges made by the city of Shaker Heights or the state of Ohio. At Patituce & Associates, we take this duty very seriously, and we strive to ensure that our clients benefit from effective advocacy against whatever criminal charges they’re facing.

      Remember, we work for you—not the state.

      We take an evidence-based approach to defense. While your story is important, what the government can and cannot prove is more important. If the government cannot prove your guilt, we focus on using their lack of evidence to force them to back down. If they’re hiding serious holes in their case, we’ll uncover them and advocate for your acquittal that way.

      Cases that our Shaker Heights criminal defense lawyers handle include:

      • Assault & Battery
      • DUI / OVI
      • Sex Crimes
      • Homicide, Murder & Manslaughter
      • Drug Charges
      • Domestic Violence
      • Robbery & Theft
      • Crimes Against Family Members
    • DUI Defense at Shaker Heights Municipal Court

      Most people, including many attorneys, have the mistaken belief that if you test over the legal limit, the case against you is open-and-shut. But if there was a DUI defense lawyer out there who could successfully defend you from these charges, would you want to talk to them? Of course you would! We have a long record of successfully challenging breath test results and other forms of ‘conclusive’ evidence.

      Breath test results can only be taken by three specific devices, all possessing serious flaws that raise grave questions regarding their credibility in court. Many lawyers have no idea how to attack these results, but Patituce & Associates does. As a result, we’re often able to put our clients in a strong position. However, each and every case is different; you should consider the negative consequences of trying to defend yourself or hiring a lawyer that does not have the experience necessary to protect you.

  • OHIO rocky

    • Rocky River Municipal Court
      • Hours of Operation: 8:30–4:30, Monday thru Friday
      • Street Address: 21012 Hilliard Blvd, Rocky River, Ohio 44116
      • Phone Number: (440) 333–0066
      • Website: https://rrcourt.net/
    • Cases Heard
      • Traffic Tickets
      • Criminal
      • OVI (DUI)
    • Municipalities in this Court’s Jurisdiction
      • Bay Village
      • Fairview Park
      • North Olmsted
      • Rocky River
      • Westlake
      • The Metroparks
    • Presiding Judges
    • DUI & Criminal Cases We Can Help With
      • Assault & Battery
      • DUI / OVI
      • Sex Crimes
      • Homicide, Murder & Manslaughter
      • Drug Charges
      • Domestic Violence
      • Robbery & Theft
      • Crimes Against Family Members

      Our criminal lawyers have built a reputation of aggressively defending our clients and, when necessary, taking cases to trial. The criminal justice system is founded on the plea deal; by pressuring defendants to plea, prosecutors pad their stats and courts can clear their dockets. Defense firms take advantage of this by taking on as many clients as possible, taking a fee while their clients swallow an unfair plea deal. A plea deal is only advantageous in a few cases, but 95-98% of cases never go to trial.

      By contrast, our firm has takenmore than 200 cases to trial, fighting for our clients’ rights and winning results they never thought possible. Even if your case never sees a jury, our Rocky River criminal defense attorneysalways prepare for trial to pressure the prosecutor and police officers to reduce your charges or drop the case.

    • Talk with a Rocky River Criminal Lawyer About the Penalties You Face

      Many criminal attorneys do their clients a disservice by simply having them enter quick “no contest” pleas rather than challenging the evidence. Our Rocky River criminal defense attorneys always review the nature of your charges to advise you toward the most advantageous option in your position. Prior to entering any plea, we put appropriate pressure on the prosecutor and the police to ensure you are treated fairly. Evidence is improperly handled in many cases, rendering the rest of the prosecutor’s case totally unusable. If the police and prosecutor are unable to prove your guilt, taking the first plea deal on the table would be disastrous.

      Your Rocky River criminal defense lawyer will make sure you know all the options on the table before you make a potentially life-changing choice.

  • OHIO parma

    • City of Parma Municipal Court
    • Cases Heard
      • Traffic Tickets
      • Criminal
      • OVI (DUI)
    • Municipalities in This Court’s Jurisdiction
      • Broadview Heights
      • Brooklyn
      • Brooklyn Heights
      • Linndale
      • North Royalton
      • Parma
      • Parma Heights
      • Metro Parks
    • Presiding Judges & Staff
      • Timothy Gilligan, Judge
      • Deanna O’Donnell, Judge
      • Kenneth Spanagel, Judge
      • Clerks of Courts: Marty Vittardi, 440–887–7400
      • Parma Chief Prosecutor: Timothy G. Dobeck
      • Assistant Prosecutors: Thomas E. Conway, John J. Spellacy & Richard Neff
      • Criminal & Traffic Fines: http://www.parmamunicourt.org/info/index/7
    • What Kinds of Cases Does Patituce & Associates Handle?
      • Assault & Battery
      • DUI / OVI
      • Sex Crimes
      • Homicide, Murder & Manslaughter
      • Drug Charges
      • Domestic Violence
      • Robbery & Theft
      • Crimes Against Family Members
  • OHIO garfield

    • Garfield Heights Municipal Court Information
      • Hours of Operation: Monday – Friday, 8:30am – 4:30pm
        • The Clerk of Court’s office opens at 8:00am on Wednesdays
      • Address: 5555 Turney Road, Garfield Heights, Ohio 44125
      • Phone: 216–475–1900
      • Websitehttps://www.ghmc.org/
    • Types of Cases Heard
      • Traffic Tickets
      • Criminal
      • DUI / OVI
      • Civil
    • Municipalities in the Court’s Jurisdiction
      • Brecksville
      • Cuyahoga Heights
      • Garfield Heights
      • Independence
      • Maple Heights
      • Newburgh Heights
      • Valley View
      • Walton Hills
      • Metroparks

      Presiding Judges

      • Judge Deborah J. Nicastro
      • Judge Jennifer P. Weiler

      Clerk of Court

      • Donna Marcoguiseppe

      Online Criminal Docket: https://docket.ghmc.org/

    • We Defend DUI / OVI & Criminal Cases in Garfield Heights

      Whatever charge you’re facing, we have the experience to push back against the evidence against you. As former prosecutors, we’re equipped to counter the case the state is building against you; we know where prosecutors typically hide weaknesses, leveraging and exploiting weak cases to get your charges reduced or dismissed.

      Some of the criminal complaints we can help with:

      • Assault & Battery
      • DUI / OVI
      • Sex Crimes
      • Homicide, Murder & Manslaughter
      • Drug Charges
      • Domestic Violence
      • Robbery & Theft
      • Crimes Against Family Members

      When you’ve been charged with a crime in Garfield Heights, your primary concern has to be whether you can come out of this process with as little damage to your reputation, your wallet, and your freedom as possible. That’s where the Garfield Heights criminal attorneys at Patituce & Associates, LLC come in. We offer an unparalleled level of insight and expertise when it comes to building a compelling, persuasive defense case, and fight hard to make sure our clients come out of their legal predicament unscathed.

  • OHIO bedford

    • Bedford Municipal Court Information
      • Address: 165 Center Road, Bedford, Ohio 44146
      • Hours of Operation: 8:30–4:30, Monday through Friday
      • Phone Number: 440–232–3420
      • Website:https://www.bedfordmuni.org/

      Types of Cases Heard

      • Traffic Violations
      • Misdemeanor Criminal Charges
      • DUI/OVI
      • Civil Cases

      Municipalities in the Court’s Jurisdiction

      Bedford, Bedford Heights, Bentleyville, Chagrin Falls, Chagrin Falls Township, Glenwillow, Highland Hills, Moreland Hills, N. Randall, Oakwood, Orange, Solon, Warrensville Heights, and Woodmere.

      • Clerk of Court: Thomas E. Day
      • Presiding Judges:
        • Michelle L. Paris, Judge
        • Brian J. Melling, Judge
      • Prosecutor: Each municipality in the jurisdiction supplies a prosecutor for cases originating there.
    • DUI / OVI & Criminal Defense in Bedford, Ohio

      Courts like the Bedford Municipal Court hear a variety of criminal complaints. Despite being a municipal court, it still issues severe penalties upon conviction. Don’t risk your future by trying to handle your case yourself—call a Bedford, OH criminal defense lawyer as soon as possible.

      The Bedford criminal defense attorneys at Patituce & Associates can help with all types of criminal charges, including:

      If you’ve been arrested in Bedford, get experienced legal help right away. Do not attempt to explain your situation to the police unless you have a criminal defense lawyer at your side. Statements you make will be used to build the case against you, and most people don’t have the expertise to avoid saying things that the cops can construe as admissions of guilt, intent, or other elements of a criminal case.

      The consequences for conviction on a criminal matter can be far-reaching, affecting your family, career, and reputation for years to come. We protect our clients’ rights by ensuring that prosecutors meet every single standard in the case they present, including properly collected and handled evidence, witness statements and testimony, and everything else they’ll use to try to convict you. We push back at everything and force them to go above and beyond if they want to win. If we press hard enough on a weak case, prosecutors may not follow through on charges, and your matter could be dismissed with no penalties.

  • OHIO juv

    • When a child is accused of a crime, it is essential to secure the services of an Ohio criminal defense lawyer who specializes in juvenile cases. There are several reasons why this is crucial for the well-being and future of the accused minor.

      An attorney can help your family adeptly navigate the unique differences between the juvenile and adult criminal justice systems, protecting your child’s rights and best interests. Your lawyer can also work to ensure that your child’s rights are protected throughout the legal process, helping avoid potentially damaging errors or miscarriages of justice. An attorney can also effectively negotiate with the prosecution and build a strong defense for the trial, working toward the most favorable outcome to protect your child’s future.

    • What Makes Juvenile Crimes Different from Adult Crimes?

      Juvenile crimes differ from adult crimes due to the unique nature of the juvenile justice system, which is complex and often misunderstood. A few key differences include:

      • Juveniles do not have the same rights as adults, increasing the risk of unjust outcomes. For example, they lack the automatic right to a trial by jury, resulting in most cases being tried before a single judge.
      • There is no right to bond or bail in juvenile cases. A minor might be held in a detention center, released on home detention, or released to his or her parents while awaiting trial. Coupled with the absence of a right to a speedy trial, a juvenile might be detained for years before his or her case is heard in court.
      • Sentencing for juvenile crimes also varies from adult cases. A convicted juvenile might be imprisoned for 6 months until he or she turns 21, whereas an adult might only serve one year for the same offense.

      These differences highlight the importance of hiring a juvenile defense attorney to represent your child’s case. With their extensive experience and deep expertise, the lawyers at Patituce & Associates, LLC can help your family navigate the complex legal process and protect your child’s best interests.

    • What to Do If Your Child Is Arrested in Ohio
      After a juvenile arrest in Ohio, it’s crucial to remain calm and take immediate action to protect your child’s rights. Instruct your child not to speak to the police or answer any questions without an attorney present. Then, contact a juvenile crimes lawyer as soon as possible to discuss your child’s case and plan your next steps.
  • OHIO fed

    • What Is a Federal Crime?

      A federal crime is a criminal offense that violates federal law, as opposed to state or local law. These offenses are investigated by federal law enforcement agencies such as the FBI, DEA, ATF, and Secret Service, and are prosecuted by United States Attorneys in federal court. Federal crimes can include a wide range of offenses such as drug trafficking, terrorism, white-collar crimes, tax evasion, immigration offenses, and more.

      The key characteristic of a federal crime is that it involves conduct that crosses state or international borders or otherwise impacts the interests of the federal government. For example, drug trafficking involving the transportation of drugs across state lines or international borders is typically charged as a federal crime. Additionally, federal crimes may involve conduct that takes place on federal property, such as national parks or military installations, or that impacts the federal government in some way.

      Federal crimes can be punishable by significant prison time, hefty fines, and other penalties. In many cases, a conviction for a federal crime can result in a lengthy prison sentence and significant financial consequences.

    • Types of Federal Offenses That We Represent

      Due to the serious nature of federal crimes and the significant resources that the federal government dedicates to prosecuting these offenses, it is important to have strong legal representation if you are facing federal charges. An Ohio federal criminal defense attorney from Patituce & Associates, LLC can help you understand your legal options and develop a strong defense strategy tailored to your unique circumstances.

      Our firm represents clients in a wide range of federal offenses, including the following:

      • Murder: Under federal law, murder can be classified as either first- or second-degree, depending on the specifics of the offense. First-degree murder encompasses actions such as premeditation, use of poison, lying in wait, committing the act during another crime, or committing it after a pattern of assault or torture against a child. All other forms of murder are classified as second-degree murder.
      • Tax Crimes: Several actions can constitute federal tax fraud, including evading taxes, failing to pay taxes, failing to file a tax return, and making false statements on tax returns.
      • Fraud: These types of crimes involve the use of deception to acquire property, benefits, or other items of value unlawfully. Examples include bank fraud, healthcare fraud, aggravated identity theft, and securities fraud.
      • Conspiracy: If a person is alleged to have planned to commit a crime against or defraud the United States in conjunction with one or more others, they may be prosecuted under federal conspiracy law. At least one of the other individuals involved must have taken steps to further the offense.
      • Drug Crimes: Prohibited actions include unlawfully manufacturing, creating, distributing, or dispensing controlled or counterfeit substances; possessing chemicals with the intent to manufacture controlled substances; and using the internet to sell or dispense drugs.
      • Child Pornography: Federal child pornography laws make it illegal for anyone to produce, distribute, transport, receive, access, or view images depicting a person under 18 years of age engaging in sexually explicit conduct.
      • Sex Crimes: Federal sex crimes laws encompass a broad range of unlawful sexual conduct committed against one or more individuals. Offenses include but are not limited to, sex trafficking, child pornography, aggravated sexual abuse, sexual abuse, sexual abuse of a minor, and abusive sexual conduct.
      • Weapon Crimes: Unlawfully using, possessing, carrying, selling, manufacturing, and/or transporting deadly weapons, such as firearms, explosives, knives, silencers, and ammunition, constitute federal weapons offenses.
    • Do You Need an Attorney for a Federal Crime Charge in Ohio?

      If you have been accused of a federal crime, you may be tempted to represent yourself or rely on a public defender. However, this can be a costly mistake that can have serious consequences. Here are some reasons why you need a federal criminal defense attorney on your side:

      • Knowledge and Experience: A defense attorney deeply understands federal criminal law and the criminal justice system. Your lawyer will know how to investigate the case, gather evidence, and build a strong defense strategy.
      • Negotiation Skills: Negotiations are a key part of the criminal justice process. A criminal defense attorney can negotiate with the prosecutor to reduce the charges, secure a plea bargain, or even get the case dismissed.
      • Protection of Your Rights: A criminal defense attorney will fight to ensure that your constitutional rights are protected throughout the entire legal process. He or she will make sure that you are not coerced or intimidated into making statements that can be used against you in court.
      • Emotional Support: Being accused of a federal crime can be an emotionally challenging experience. A criminal defense attorney can provide you with the emotional support you need to get through this difficult time.
    • What Makes Federal Crimes Different?

      The federal criminal justice system is distinct in several key ways. Federal crimes are prosecuted by U.S. Attorneys and investigated by federal agencies, while state crimes are handled by local or state prosecutors and law enforcement. Federal cases follow stringent sentencing guidelines with mandatory minimum sentences, leading to harsher penalties.

      Additionally, federal prosecutors have more resources at their disposal, including advanced investigative tools and extensive support from federal agencies. Federal court procedures are generally more complex, with strict rules and deadlines that require precise adherence.

      Navigating the federal justice system requires in-depth knowledge and experience. Our Ohio federal crime lawyers at Patituce & Associates understand the high stakes involved and are adept at crafting strong defense strategies tailored to the specifics of each case. We are skilled at negotiating with federal prosecutors, challenging evidence, and advocating fiercely for our clients in federal court. We refuse to let our clients be intimidated or bullied.

  • OHIO fam

    • Examples of Family Crimes in Ohio

      Prosecutors take family crimes very seriously in Ohio. These cases often involve alleged violent altercations, such as domestic violence incidents, or interference with court orders. In many situations, these crimes result in fines, jail time, restraining orders, and many other penalties.

      At Patituce & Associates, LLC, our Ohio criminal defense attorneys represent people who are charged with many types of family crimes in Ohio. We are dedicated to providing our clients with the best possible defense so that they can protect their rights and freedoms.

      Some of the matters we handle include, but are not limited to, the following:

      • Bigamy
      • Interference with custody
      • Interfering with action to issue or modify a support order
      • Endangering children (child abuse/endangerment)
      • Parental education neglect
      • Unlawful abortion
      • Abortion manslaughter
      • Abortion trafficking
      • Partial birth feticide
      • Terminating/attempting to terminate human pregnancy after viability
      • Misrepresentation relating to the provision of childcare
      • Contributing to the unruliness or delinquency of a child
      • Motion for and hearing on a protection order
      • Violating protection order
      • Evaluation of the mental condition of the defendant
    • How a Criminal Defense Attorney Can Help Your Case

      Facing a conviction for a family crime can be a scary and overwhelming experience. You could face damage to your reputation, your relationships, and even your livelihood. In these situations, you need a criminal defense attorney on your side—and the Ohio family crimes lawyers at Patituce & Associates, LLC can help.

      Hiring a criminal defense attorney can make all the difference in the outcome of your case. Our lawyers are well-versed in Ohio’s legal system and will work tirelessly to protect your rights and interests. Here’s how we can support your case:

      • Expert Guidance: We’ll guide you through the complexities of the legal process, ensuring you understand your rights, the charges you face, and potential consequences.
      • Strategic Defense: Our attorneys will meticulously review the evidence, identify weaknesses in the prosecution’s case, and develop a strategic defense tailored to your unique situation.
      • Negotiation and Representation: We’ll aggressively negotiate on your behalf to seek plea deals, reduced charges, or alternative sentencing options. If your case goes to trial, our firm will represent you in the courtroom and advocate for the best possible outcome.
  • OHIO dui

    • Why Choose Us to Represent You in Your DUI Case?

      When you need legal representation following a DUI arrest, you want the experienced Ohio DUI defense lawyers at Patituce & Associates, LLC. on your side.

      We have more than 70 years of combined experience defending individuals facing criminal charges. Our lawyers have successfully tried over 400 criminal jury trials. Our managing partner is one of only 13 board-certified criminal trial attorneys in Ohio. In addition, three of our criminal defense lawyers are former state prosecutors.

      We know how state prosecutors build their DUI cases and the types of evidence they look for, and we use that knowledge to our clients’ advantage.

      We handle all types of DUI and OVI cases, including:

      Given our vast knowledge and experience, we also have good working relationships with prosecuting attorneys and criminal court judges throughout Ohio. Consequently, we can use our skills to obtain favorable results for our clients. Let us help you get the results you need in your criminal DUI case today.

    • How Will a DUI/OVI Case Resolve?

      Our knowledgeable Ohio DUI defense lawyers can help you move your criminal case forward and pursue the best possible result.

      Some DUI cases resolve at a criminal court trial. During a trial, the parties can introduce evidence, call witnesses, and make arguments that favor their version of the case. A judge or jury will then typically decide the case outcome, including whether the accused is guilty or innocent of the underlying offense.

      You may want to take your criminal DUI case to trial if you have one or more solid legal defenses. Given the case facts and circumstances, our legal team can help you decide whether to take your case to trial.

      Instead of taking your case to trial, we can negotiate a favorable plea deal with the state prosecutor handling your case. The accused individual typically enters a guilty plea to a criminal charge as part of a plea deal. However, as a concession for entering a guilty plea, the prosecutor might be willing to reduce the charge.

      For example, the prosecutor might reduce a DUI charge to reckless driving, which will incur a lesser penalty. Alternatively, the prosecutor might offer the accused individual probation. If the driver successfully completes probation, which may include attending drug and alcohol rehabilitation classes or installing an ignition interlock device (IID) on their vehicle, the accused can escape a criminal conviction.

      Plea deals have several benefits and detriments. The obvious advantage is that you have direct control over the result in your case. However, by entering a guilty plea, you lose your right to a criminal jury trial, as well as your right of appeal. Our legal team can help you pursue a favorable plea deal from the state prosecutor handling your case and let you know whether accepting a particular plea deal from the prosecutor is a good idea.

    • What are DUI and OVI Cases in Ohio?

      In Ohio, it is against the law for an individual to operate their motor vehicle while under the influence of alcohol or drugs. To determine whether a driver is under the influence of alcohol, a police officer will typically perform a Breathalyzer test. These portable devices measure a driver’s blood alcohol concentration or BAC.

      In Ohio, a driver is under the influence of alcohol if their BAC is 0.08 percent or higher and they are age 21 or older. However, more stringent legal standards apply for operators of commercial vehicles, including commercial truck drivers and drivers under 21 years old. The BAC cut-off for commercial drivers is 0.04 percent and 0.02 percent for underage drivers. If a driver’s BAC exceeds the legal limit, a prosecutor can charge the offending driver with operating a vehicle while impaired by alcohol or OVI.

      When a police officer initiates an arrest for DUI/OVI, many drivers don’t know what to do or where to turn. They may be uncertain about what questions they can answer or not answer and the potential consequences of their case. Fortunately, a Ohio criminal defense attorney can step in and help out.

      The knowledgeable Ohio DUI defense lawyers at Patituce & Associates, LLC can meet with you to discuss the circumstances of your arrest and determine what you should expect throughout the legal process. We can look at your legal options and help you decide on the best way to proceed with your case.

      Moreover, depending upon the circumstances, we can assert a robust legal defense on your behalf in court, which can result in a complete dismissal of your criminal DUI charge.

    • What Are the Penalties for a DUI/OVI Conviction in Ohio?

      For you to incur criminal penalties on a DUI/OVI charge, the state prosecutor handling your criminal case must satisfy their legal burden of proof.

      Specifically, they must introduce evidence that you were operating a vehicle while illegally under the influence of alcohol or drugs. Moreover, the prosecutor must establish their legal burden of proof beyond a reasonable doubt, which is a very high legal burden to overcome.

      In addition, the accused individual in a DUI case does not need to satisfy any legal burden of proof. The criminal defendant does not need to take the witness stand and testify at trial due to their Fifth Amendment protections against self-incrimination.

      However, a defendant can raise one or more legal defenses at their criminal court trial, which may prevent the prosecutor from satisfying their legal burden.

      If the state prosecutor can obtain a guilty finding or conviction against the accused individual, it will be up to the sentencing judge to impose various penalties according to Ohio state statute.

      • The potential penalties for a first-time DUI/OVI are at least three days of incarceration or participation in a three-day alcohol abuse program. In addition, the offender may incur a maximum monetary fine of $1,075.
      • A second-time offense, on the other hand, can lead to a minimum of 10 days in jail, with a maximum of six months in prison. Alternatively, the individual can receive a combination of house arrest, jail time, continued alcohol monitoring, and a maximum monetary fine of $1,625.
      • A third-time conviction can result in a minimum of 30 days of incarceration, with a maximum of one year of imprisonment. The offender can also receive $2,500 in monetary fines and required participation in a drug and alcohol rehabilitation program.
      • A fourth-time offense can lead to a minimum of 60 days in jail and a maximum of one year of incarceration. The offender may also have to pay a maximum of $10,500 in monetary fines.
      • Finally, a fifth or higher conviction within six years can result in a minimum of two months of incarceration and required placement on the State of Ohio’s Habitual OVI Registry.
    • Defending against a Criminal DUI/OVI Charge in Ohio

      An experienced criminal defense attorney can help you defend against a pending criminal DUI/OVI charge in Ohio. By successfully arguing a defense in court and preventing the state prosecutor from satisfying their legal burden of proof, we can obtain a complete dismissal of your criminal charge.

      Sometimes, we can challenge the validity of the initial traffic stop that led to your DUI arrest. For example, the responding police officer may not have had the necessary reasonable suspicion or probable cause to pull your vehicle over in the first place. To make this determination, we can review any available camera footage to see if the police officer initiated an invalid traffic stop.

      In addition, we can challenge field sobriety test results. For example, a police officer might have made a mistake while administering the test, causing an inaccurate result. We can also challenge the reason the police officer removed you from your vehicle in the first place. If the police officer did not have the necessary reasonable suspicion to take you out of your car, we can challenge the DUI arrest.

      Finally, we can challenge any chemical testing the police officer administered in your case, such as a urine, breath, or blood test. When performing these tests, police officers and investigators have to follow stringent procedures, and if they commit an error, the test result may be inaccurate. Our legal team can investigate the testing a police officer administered in your case and determine if there may be a basis to challenge the results.

    • How can a DUI Defense Attorney Help You?

      When asserting a robust legal defense or negotiating a favorable plea deal with the state prosecutor, a DUI defense attorney is an absolute must. The potential consequences of a DUI conviction, including jail time and monetary fines, are far too high to represent yourself in a DUI case.

      The knowledgeable Ohio DUI lawyers at Patituce & Associates, LLC can help you in several ways.

      Some of the most common ways that we can help include:

      • Representing you during all court hearings
      • Answering the questions you may have about the criminal court process
      • Providing you with objective legal guidance throughout your case
      • Helping you understand DUI and OVI laws within the State of Ohio
      • Examining the prosecution’s evidence in your case
      • Undertaking a thorough case evaluation
      • Explaining all of your legal options and helping you develop a solid and aggressive strategy to defend against your pending criminal charge
      • Offering you emotional support while your criminal case is pending
      • Guiding you through the process and helping you make both intelligent and informed decisions
      • Helping you save money and time while your case is pending
    • Collateral Consequences of an OVI Conviction in Ohio

      Individuals who receive a DUI/OVI conviction may also face numerous collateral consequences in their everyday lives

      License Suspension

      One of the most immediate consequences of a DUI/OVI conviction in Ohio is the suspension of your driver's license. The length of the suspension can vary depending on several factors, including your blood alcohol content (BAC) level at the time of arrest and any previous DUI/OVI convictions on your record. A first-time offender may face a license suspension ranging from 90 days to three years, while subsequent offenses can result in longer suspensions or even permanent revocation of driving privileges.

      Ignition Interlock Device

      In some cases, individuals convicted of DUI/OVI in Ohio may be required to install an ignition interlock device (IID) on their vehicle as a condition of regaining their driving privileges. An IID is a breathalyzer device that prevents a vehicle from starting if it detects alcohol on the driver's breath. The cost of installing and maintaining an IID can be significant, adding another layer of complexity to the already challenging situation.

      Probation and Mandatory Alcohol Treatment Programs

      Individuals convicted of DUI/OVI in Ohio are often placed on probation as part of their sentence. Probation may include requirements such as regular check-ins with a probation officer, compliance with court-ordered conditions, and participation in mandatory alcohol treatment programs. Failure to comply with these terms can result in additional penalties and potentially more severe consequences.

      Criminal Record

      Perhaps one of the most enduring consequences of a DUI/OVI conviction in Ohio is the impact it can have on your criminal record. A DUI/OVI conviction can stay on your record for many years, affecting future employment opportunities, housing options, and other aspects of your life. It is important to understand how this blemish on your record could impact your future prospects and take steps to mitigate its long-term effects.

    • What to Expect After an Ohio Drunk Driving Arrest

      Upon arrest for a DUI/OVI, you will face both administrative and criminal proceedings. The administrative process determines your driving privileges, while the criminal process addresses the charges against you. We are adept at handling both processes.

      • Administrative License Suspension: Refusing a chemical test or testing over the legal BAC limit results in immediate license suspension. Reinstating your license requires serving the suspension period, paying a reinstatement fee, and providing proof of insurance.
      • Criminal Process: You will be arraigned, where charges are presented and bail may be set. Pleading not guilty moves your case to pretrial hearings, where most cases are resolved. If the case goes to trial, we have the skill and resources to vigorously defend you in court.
    • Protect Your Commercial Driver’s License (CDL) in Ohio

      A DUI/OVI charge can be particularly devastating for commercial drivers. Losing your CDL means losing your livelihood. Our team is skilled in defending CDL holders and understands the specific challenges they face. We work tirelessly to protect your license and career.

  • OHIO duid

    • What Are the Types of Drugged Driving Charges in Ohio?

      Ohio recognizes two different types of drug-related OVI charges: impaired and per se. An OVI impaired charge means that the drug noticeably affected the driver’s actions, reactions, or mental processes. To convict you of this crime, the prosecution must prove that you consumed a scheduled drug and that it impaired your ability to operate a vehicle.

      An OVI per se charge implies that you are guilty simply for having enough of the drug in your system at the time of the test. The drug doesn’t have to have impaired your ability to operate a vehicle to warrant a per se charge.

      If you refuse a blood or urine test, you can only be charged with OVI impaired. However, if you take either test and the result puts you over the allowed limit for the specific drug, you can be charged with both OVI impaired and OVI per se.

    • Prohibited Drug Levels under Ohio Law

      Unlike alcohol, which has a legal limit of .08%, the allowed amounts of drugs or drug metabolites can vary based on the type of drug and the type of test conducted. The specific per se limits for different drugs are as follows:

      • Amphetamine: 100 nanograms per milliliter of blood or 500 nanograms per milliliter of urine
      • Cocaine: 50 nanograms per milliliter of blood or 150 nanograms per milliliter of urine
      • Heroin: 50 nanograms per milliliter of blood or 2,000 nanograms per milliliter of urine
      • LSD: 10 nanograms per milliliter of blood or 25 nanograms per milliliter of urine
      • Marijuana: 2 nanograms per milliliter of blood or 10 nanograms per milliliter of urine
      • Methamphetamine: 100 nanograms per milliliter of blood or 500 nanograms per milliliter of urine
    • Benefits of Hiring a Criminal Defense Attorney for DUID

      Being charged with a drugged driving offense can be overwhelming, and you may be unsure of what to do next. Hiring an attorney who specializes in DUID cases can help you understand the charges you’re facing, the potential consequences of a conviction, and your legal options.

      At Patituce & Associates, LLC, our lawyers will take several critical steps to develop a unique defense strategy and fight for your rights in court and during negotiations. Your attorney will review the evidence against you, including the results of any blood or urine tests, and determine if there are any weaknesses in the prosecution’s case. He or she can also negotiate with the prosecution to try to get the charges reduced or dismissed or fight the charges in court if necessary.

  • OHIO drug

    • Defending Against Drug Crime Charges in Ohio

      Drug crime cases can be complicated and present significant challenges for the accused. At Patituce & Associates, LLC, our Ohio criminal defense lawyers recognize that each case is unique, and we base our defense strategy and representation on what your case requires. Our Ohio drug crime attorneys will challenge the evidence and make sure that you obtain the best possible defense. We are not the type of firm that takes the police or prosecutor at their word. We make them prove their case.

      When we take on a drug crime case, we will:

      • Obtain the search warrant used against you
      • Obtain any video and audio involving you
      • Obtain the name, identity, and record of any witness against you
      • Leverage our own investigators and experts to find additional evidence

      Using this information, we will craft a compelling defense in your favor. We may prepare to have evidence thrown out through a suppression hearing, attend negotiations with the prosecutor, and prepare your case for court if necessary. Our firm will work tirelessly to either reduce the charges that you face or request that the court dismiss them completely.

    • Types of Ohio Drug Cases That We Represent

      At Patituce & Associates, LLC, we represent Ohio residents in a variety of drug-related cases, including:

      • Possession of controlled substances
      • Trafficking or aggravated trafficking in drugs
      • Corrupting another with drugs
      • Possession of controlled substances
      • Possessing drug abuse instruments
      • Permitting drug abuse
      • Illegal use or possession of drug paraphernalia
      • Illegal use or possession of marijuana drug paraphernalia
      • Deception to obtain a dangerous drug
      • Illegal processing of drug documents
      • Illegal dispensing of drug samples
      • Counterfeit controlled substance offenses
      • Criminal forfeiture of property relating to felony drug abuse offense
      • Illegal administration or distribution of anabolic steroids
      • Illegal manufacture of drugs, illegal cultivation of marijuana or methamphetamine
      • Illegal assembly or possession of chemicals for the manufacture of drugs
    • The Federal Controlled Substance Schedule

      In the United States, the federal government has its own controlled substance schedule, which classifies drugs based on their medical use and potential for abuse. The federal schedules are similar to the Ohio schedules, but there are some differences. These schedules range from Schedule I to Schedule V and are used to determine the severity of drug crimes.

      Here are some examples of drugs that fall under each schedule:

      • Schedule I: These drugs have no accepted medical use and a high potential for abuse. Examples include heroin, LSD, ecstasy, and marijuana.
      • Schedule II: These drugs have a high potential for abuse and can lead to severe psychological or physical dependence. Examples include cocaine, methamphetamine, oxycodone, and fentanyl.
      • Schedule III: These drugs have a moderate to low potential for abuse and include substances with limited amounts of narcotics. Examples include ketamine, anabolic steroids, and some codeine-containing products.
      • Schedule IV: These drugs have a low potential for abuse and include substances with a limited amount of narcotics. Examples include Xanax, Valium, and Ambien.
      • Schedule V: These drugs have the lowest potential for abuse and include substances with a limited amount of narcotics. Examples include cough medicines containing codeine.
    • Penalties for Drug Crime Convictions in Ohio

      The penalties for drug crimes in Ohio vary based on the type and amount of drug involved, as well as the defendant’s prior criminal history. Certain aggravating factors, such as being arrested within 100 feet of a school, park, or another drug-free zone, could increase the fines and jail time involved.

      Below are a few examples:

      • Drug manufacturing:In Ohio, a person who produces a drug listed in schedules III, IV, or V can be charged with a third-degree felony. This offense carries a potential prison sentence of one to five years and/or fines of up to $10,000.
      • Possession of a controlled substance: This is generally a misdemeanor offense but can be charged as a felony for larger amounts of drugs or if the defendant has prior drug convictions. For example, possession of one gram or less of heroin is a fifth-degree felony punishable by up to 12 months in prison and a $2,500 fine.
      • Drug trafficking: This is often a felony offense that can result in significant prison time, especially for large quantities of drugs. For a Schedule I or II drug, penalties can range from up to one year in jail for a fifth-degree felony to up to 11 years in prison for a first-degree felony.
    • Benefits of Hiring a Criminal Defense Attorney for a Drug Charge

      If you are facing drug charges in Ohio, hiring a criminal defense attorney from Patituce & Associates, LLC can benefit you in several ways. Drug laws can be complex, and an attorney can help you understand the charges and the potential consequences. He or she can also guide you through the legal process and help you make informed decisions about your case.

      Your lawyer will investigate the case against you and gather evidence to build a strong defense. This may include obtaining search warrants, reviewing audio and video recordings, and identifying any weaknesses in the prosecution’s case. Based on the evidence gathered, your attorney will develop a unique defense strategy tailored to your case. Your lawyer can use this strategy to negotiate with the prosecutor or represent your case in court.

  • OHIO domestic

    • What Is Domestic Violence Under Ohio Law?

      Domestic violence is a serious crime that involves violence or threatened violence against a family or household member. In Ohio, a person commits domestic violence when he or she:

      • Knowingly or recklessly causes physical harm to the victim.
      • Threatens a family or household member with physical force, causing that person to fear an imminent physical attack.

      A domestic violence incident can be charged as a felony or a misdemeanor. Felony convictions typically carry higher penalties than misdemeanors, but both types of crimes could have a significant impact on your future.

    • Who Counts as a Family Member in Ohio Domestic Violence Cases?

      What sets domestic violence apart from other types of violent crimes is the relationship between the people involved in the incident. In Ohio, a family member or household member refers to any of the following people who reside or have resided with the alleged offender:

      • A spouse, former spouse, or a romantic partner with whom the offender has resided in the last five years
      • The offender’s child
      • The offender’s parent or foster parent
      • The natural parent of the offender’s biological child
      • An extended family member of the offender
      • A parent or child of the offender’s spouse, former spouse, or romantic partner
      • An extended family member of the offender’s spouse, former spouse, or romantic partner
    • Penalties for an Ohio Domestic Violence Conviction

      If a person is convicted of domestic violence in Ohio, he or she can face serious legal consequences, including jail time, fines, and other penalties. These penalties depend on the severity of the offense, the injury caused, and whether the alleged offender has any prior domestic violence convictions.

      Depending on the circumstances of the case, the court may levy the following possible penalties:

      • For a 3rd degree misdemeanor, up to 60 days in jail and/or a fine of up to $500
      • For a 2nd degree misdemeanor, up to 90 days in jail and/or a fine of up to $750
      • For a 1st degree misdemeanor, up to six months in jail and/or a fine of up to $1,000
      • For a 5th degree felony, six to 12 months in prison and a fine of up to $2,500
      • For a 4th degree felony, six to 18 months in prison and a fine of up to $5,000
      • For a 3rd degree felony, nine months to three years in prison and a fine of up to $10,000

      If an alleged offender knew the victim was pregnant, the court is required to impose a minimum sentence of six months or one year, depending on whether the incident involved harm or a threat and whether the victim’s unborn child was harmed. The offender may also be required to pay restitution for any expenses that result from the crime, including property damage, the cost of medical care, or counseling services.

    • Can a Victim Request to Drop Domestic Violence Charges?

      One common misconception about domestic violence cases is that the victim can request to drop the charges. However, this is not the case. Once a domestic violence charge has been issued, the case is taken over by the prosecutor’s office, and the decision to proceed with the charges is ultimately up to the prosecuting attorney assigned to the case.

      Unfortunately, a victim cannot request to drop domestic violence charges, even if he or she made a mistake or misinterpreted the situation. In some cases, the prosecutor may be willing to drop the charges if the victim refuses to testify, but this is not always the case.

    • How Can a Domestic Violence Attorney Help Your Case?

      Being charged with domestic violence can be a traumatic and overwhelming experience. The consequences of a conviction can be severe, including jail time, fines, and restrictions on your rights and freedoms. Working with an Ohio domestic violence defense attorney can help you navigate the legal system and protect your rights.

      At Patituce & Associates, LLC, we have the experience and resources necessary to provide you with the legal representation you need. We will work tirelessly to protect your rights and help you achieve the best possible outcome in your case.

      Our Ohio criminal defense attorneys can support your case in several ways, such as the following:

      • Providing you with objective legal guidance: Having objective legal guidance during this time is critical for ensuring that your rights and future are protected. Your lawyer will provide you with clear, objective advice on the best way to proceed.
      • Offering you emotional support: Having an experienced lawyer by your side during this time is important for ensuring that you have all of the support and emotional reassurance that you need during this difficult time.
      • Collecting important evidence: Your lawyer will have worked with many other people who have domestic violence charges. He or she will be able to conduct a thorough investigation into your case, collect necessary and relevant evidence, and build a compelling defense on your behalf.
      • Protecting your future: Without a reputable lawyer by your side, you may be risking your future and your reputation. Your attorney will be by your side to guide and support you through each step of the process and prevent you from making costly mistakes.
      • Effectively representing you at trial: If your case gets taken to court, having a reputable lawyer to represent you is extremely important. Your lawyer will effectively present your case to protect your rights and your future.
  • OHIO CD

    • An Overview of the Ohio Criminal Litigation Process

      The Ohio criminal litigation process can lead to case resolution through plea negotiations or trials. Plea negotiations involve your attorney working with the prosecutor to seek a fair outcome without going to court. On the other hand, trials involve presenting evidence in court to either prove guilt or defend innocence.

      Although many people associate criminal cases with trials, most cases are resolved through plea deals or negotiations. This approach allows more personal control, quicker resolution, and reduced costs compared to trials. However, plea deals are not the right option for everyone. Your attorney will carefully assess your case and identify your optimal path to the most favorable outcome.

      The Ohio criminal litigation process generally includes the following steps:

      • Investigating to gather evidence: Both the defense and prosecution will investigate the case, collecting evidence to either support their claims or challenge the opposition. Your attorney may enlist the support of an independent investigator to gather evidence and carefully evaluate the case.
      • Discovery: The discovery process is an essential part of criminal litigation. During this time, both sides exchange information about the case, enabling them to learn about the opposing party’s evidence and develop counterarguments.
      • Challenging the validity or credibility of evidence: Sometimes, law enforcement officers provide illegally or improperly obtained evidence to help prosecutors build a case. This evidence may be challenged if it was obtained in violation of the defendant’s constitutional rights or is irrelevant or unfairly prejudiced against you.
      • Suppressing evidence: If necessary, your defense attorney may file a motion to exclude specific evidence and prevent the prosecutor from using it in court, thus strengthening your overall case.

      For many people, the criminal justice process can feel daunting and overwhelming, which is why it is important to have a criminal defense lawyer on your side. Your attorney from Patituce & Associates, LLC will guide you through each stage of the Ohio litigation process so that you are best prepared for what comes next.

    • Arrested? Here's What You Should Do Next

      If you are arrested, it's crucial to know your rights. Knowing what to do and what to say can make all the difference now and in the future.

      Know your Miranda rights:

      • You have the right to remain silent.
      • Anything you say can be used against you.
      • You have the right to an attorney.
      • If you cannot afford an attorney, one will be provided for you.

      If you're arrested:

      • Try to stay calm and composed.
      • Do not physically resist arrest.
      • Clearly state that you want an attorney.
      • Politely refuse to speak without your lawyer present.
      • Do not sign anything without your lawyer's guidance.
      • Contact our Ohio criminal defense lawyers as soon as possible.
    • How Patituce & Associates Can Protect Your Rights & Interests

      A criminal charge can have serious repercussions that extend far beyond the courtroom. From potential incarceration to hefty fines and a permanent mark on your record, the consequences can affect every aspect of your life, including your career, family, and reputation.

      This is why it is crucial to involve a skilled attorney early in the process. At Patituce & Associates, we understand the gravity of your situation and are committed to safeguarding your rights and interests from the moment you engage our services.

      Our Ohio criminal defense attorneys can help at any stage of a case:

      • Pre-file investigation
      • Arrest
      • Arraignment
      • Bail hearing
      • Pre-trial motions
      • Trial
      • Sentencing
      • Appeals
      • Post-conviction relief

      Our experienced legal team conducts thorough investigations and develops strategic defenses to challenge the charges against you. We strive to prevent charges from escalating to convictions and work tirelessly to achieve the best possible outcome for your case. Early intervention by a knowledgeable criminal defense attorney can make all the difference in protecting your future, and we are here to provide the vigorous representation you need during this critical time.

  • OHIO bui

    • Penalties for Boating under the Influence in Ohio

      According to Ohio Revised Code 1547.11, operating, controlling, or manipulating a boat under the influence of alcohol or drugs is classified as a first-degree misdemeanor. If convicted, penalties may include up to six months in jail and fines of up to $1,000.

    • Defending Against BUI/BWI Charges

      A BUI charge can have a major impact on your life and freedom, and in these situations, you need a lawyer on your side who can protect your rights. At Patituce & Associates, LLC, we understand that proving BUI can be challenging for prosecutors. Ohio law requires local law enforcement to have probable cause for stopping or boarding your vessel, meaning that prosecutors must first establish a valid reason for the initial interaction.

      Although federal law enforcement, including the U.S. Coast Guard, can perform safety checks without probable cause, the sobriety tests that they can conduct can be challenged by your attorney. Many factors can make field sobriety tests unreliable, including the natural motion of a boat on the water and the effects of heat and glare.

      Our firm will use all of these factors to craft a compelling defense tailored to your unique situation. Then, we will advocate to reduce the charges against you or request that the court drop the charges completely.

    • In Ohio, boaters are subject to implied consent laws, which means that by operating a vessel on state waters, you agree to submit to breath or chemical testing if requested to take one by law enforcement. Refusing to comply with such testing can result in a separate charge, and a conviction for refusal may lead to an order prohibiting you from boating for up to one year.

      It’s crucial to be aware of these obligations and the potential consequences associated with non-compliance. If any law enforcement officer asks you to submit to a breath or chemical test while you are boating, comply with his or her orders. However, do not answer any questions from the officer without a DUI defense attorney present. If you are arrested for BUI, contact an attorney as soon as possible to discuss your case and plan your defense strategy.

  • OHIO assault

    • The Definition of Assault Under Ohio Law

      In Ohio, assault is defined as causing or attempting to cause physical harm to another person or knowingly causing another person to believe that they are in imminent danger of physical harm. Assault can be charged as either a misdemeanor or felony, depending on the circumstances of the incident and the extent of the harm caused.

      At Patituce & Associates, LLC, our Ohio criminal defense attorneys represent clients facing several types of assault charges, including:

      • Simple assault
      • Aggravated assault
      • Negligent assault
      • Felonious assault
      • Vehicular assault
      • Aggravated vehicular assault
      • Vehicular manslaughter
      • Menacing
      • Aggravated menacing
      • Aggravated menacing by stalking
    • Minimum Penalties for Assault in Ohio
      The penalties for assault in Ohio can vary widely depending on the specific charge and the circumstances of the incident. A first-degree misdemeanor assault charge can result in fines of up to $1,000 and up to six months in jail, while a first-degree felony assault charge can result in fines of up to $20,000 and up to 16.5 years in prison. It is important to speak with a lawyer to determine the potential consequences that you may be facing.
    • How to Defend Yourself Against Assault Charges in Ohio

      The consequences of an assault conviction can be severe and long-lasting, affecting your personal and professional life for years to come. With the help of an assault defense attorney from Patituce & Associates, LLC, you can present a strong defense to reduce or avoid these harmful penalties.

      There are several ways that you can defend yourself against assault charges in Ohio. Some possible defense strategies we may use include:

      • Self-Defense: If you were acting in self-defense or defense of others, we may argue that your actions were justified and that you were not the aggressor in the situation.
      • Lack of Intent: If you did not intend to cause harm to another person, we may argue that your actions were accidental or that you were not aware that your actions could result in harm.
      • Mistaken Identity: If there is evidence to suggest that you were not the person who committed the assault, we may argue that you have been falsely accused.
      • False Accusations: If the alleged victim has a history of making false accusations, we may argue that the assault charges are baseless and that he or she is simply seeking to cause harm to your reputation.

      We believe that everyone deserves a fair trial and aggressive representation in court. Our Ohio assault defense attorneys will work tirelessly to protect your rights and fight for the best possible outcome for your case.

  • OLM

    • Professional Criminal Defense for DUI & Criminal Charges

      The North Olmsted criminal defense attorneys at Patituce & Associates can protect your rights while defending you against charges.

      We proudly stand by our reputation in criminal defense & DUI defense law. Pick up the phone and call our office now at(440) 771-1175 for a free evaluation of your case.

    • What Makes Patituce & Associates the Right Choice

      Our North Olmsted criminal defense attorneys are experienced in dealing with the police and prosecutors in cities and towns surrounding our office in North Olmsted, Ohio. We have built a reputation for aggressively defending our clients and protecting them from charges that the police and prosecutor might want to bring. When we have been involved early enough in a possible criminal case, we have been successful in preventing charges from even being filed.

      More reasons to choose our firm include:

      • Our Experience: We’ve helped hundreds of clients like you
      • Our Dedication: We have more than 70 years of experience
      • Our Passion: We care about your future and put our clients first
  • MEDINA dui

    • Why Choose Us to Represent You in Your Case?

      Given the severe DUI legal penalties and collateral consequences associated with a DUI conviction, you should have skilled legal representation in your corner at every stage of the proceedings.

      The knowledgeable Medina DUI defense attorneys at Patituce & Associates, LLC have the necessary qualifications and experience to help you pursue and obtain a favorable result in your case.

      Collectively, our team members have more than 70 years of experience defending residents of Ohio against pending DUIs and other serious criminal charges. Our attorneys have successfully taken more than 400 criminal jury trials to verdict.

      Moreover, our managing partner is one out of only 13 trial attorneys in Ohio who is a board-certified criminal trial lawyer.

      Finally, three members of our criminal defense legal team were once state prosecutors and represented the government’s interests in criminal legal proceedings. Therefore, we understand how prosecutors will likely view your case, and we use that knowledge to your advantage.

      Given our many years of experience, we have also built strong professional working relationships with criminal court judges in the area and state prosecutors, and we use those connections to our advantage when representing our clients. Let us help you pursue the best possible result in your criminal DUI case today.

    • Resolving a DUI/OVI Case in Medina

      In any criminal case involving driving under the influence, or DUI, the state prosecutor must satisfy their legal burden of proof to obtain a conviction against you. Moreover, the state must fulfill this legal burden beyond a reasonable doubt, which is a very high legal standard to meet.

      If the prosecutor fails to prove even one legal element of their case, the court may dismiss your criminal DUI charge. To help poke holes in the prosecutor’s case, we can assert a robust legal defense on your behalf. A defense might work to negate one or more legal elements of the charge, resulting in a judge dismissing your case.

      If you decide to take your case to a bench or jury trial, we can raise one or more legal defenses on your behalf and argue for a case dismissal. Taking a case to trial is sometimes the better option – especially if you have a robust legal defense. This is a decision we help clients make on a case-by-case basis.

      Alternatively, we can secure a favorable plea deal from the state prosecutor on your behalf. In a plea deal arrangement, the accused individual – or the defendant – typically pleads guilty to a criminal charge.

      However, the prosecutor typically makes one or more concessions in exchange for this guilty plea.

      For example, in a DUI/OVI case, the prosecutor might be willing to reduce the charge from a felony down to a misdemeanor, or they might allow the defendant to plead guilty to reckless driving rather than DUI. Alternatively, in exchange for a guilty plea, the prosecutor might agree to probation. If the accused successfully completes their probationary requirements, then any conviction on their record may go away.

      In some situations, it makes sense to accept a plea deal from the state prosecutor, while at other times, you may have a better chance of success by taking your case to trial. As part of a plea deal, a defendant gives up certain constitutional and legal rights, including their right of appeal and their constitutional right to a jury trial.

      Our legal team can help you make intelligent and informed decisions in your case, including whether or not to accept a pending plea deal from the state prosecutor or take your case to trial in court.

    • What Is a Criminal DUI/OVI Charge in Medina?

      A police officer can arrest a driver for DUI/OVI if the driver operates their vehicle under the illegal influence of alcohol or drugs. To determine the amount of alcohol in a driver’s bloodstream, a police officer will typically use a portable breathalyzer device to test the driver’s blood alcohol concentration or BAC. Drivers who are at least 21 years old must not have a BAC of 0.08 percent or higher. Otherwise, they are legally intoxicated.

      More stringent legal standards apply to drivers who are under 21 years old, as well as commercial vehicle operators like tractor-trailer drivers. For individuals who are under 21 years old, the BAC cut-off is 0.02 percent. In other words, a zero-tolerance policy applies to these individuals. However, for commercial vehicle operators, the BAC cut-off is 0.04 percent.

      If a police officer arrests you for DUI, you may be unsure what to do, say, and, more importantly, what not to say after your arrest. You must contact a knowledgeable DUI defense attorney in Medina as quickly as possible.

      At Patituce & Associates, LLC, we can attend all police questioning with you. We can also meet with you to discuss the circumstances of your arrest and determine your eligibility for various legal defenses.

    • If the state prosecutor handling your case can secure a conviction against you after satisfying their legal burden of proof, then a sentencing judge must impose various penalties under state statutes. The penalties that you receive will depend on your BAC at the time the police officer arrested you, as well as your prior history of DUI convictions, if any.

      Some of the most common penalties that a DUI offender may incur include:

      • Monetary fines of between a few hundred dollars up to a maximum of $10,000
      • Jail time lasting a few days up to 30 months
      • Restricted license plates and immobilization of your vehicle, along with additional penalties if you operate your vehicle anyway
      • Loss of your driving privileges and driver’s license, lasting from a few months up through the rest of your life, in some circumstances
      • Mandatory installation of an ignition interlock device on your vehicle
      • Required participation in a drug or alcohol treatment program for which you must pay

      An ignition interlock device (IID) is a breathalyzer machine that some offending drivers must pay to have installed on their vehicle. For the driver to drive, they must blow into this device. If the device detects alcohol, it will not allow their vehicle to start.

      In addition to paying for the initial installation costs of an IID, a driver must also pay for ongoing maintenance and monitoring of the device.

      If you ultimately sustain a conviction on your DUI/OVI charge, the Medina DUI defense attorneys at Patituce & Associates, LLC can help. We can attend your sentencing hearing and argue for the lowest possible penalty on your behalf.

    • What are Some Collateral Consequences of a DUI Conviction in Medina?

      In addition to the potential legal penalties of a DUI conviction, a conviction may also result in various collateral consequences that affect your overall life and well-being.

      First, if you have a DUI conviction on your record, you may have difficulty finding or keeping a job. This is especially true if your job requires maintaining a driver’s license.

      In addition, you may have difficulty gaining admission to an educational institution, such as a college or university. Admissions officers frequently perform criminal background checks on college applicants. They may deny your application if they uncover a DUI conviction on your record.

      Moreover, a current college or university student may lose financial aid or scholarships after a criminal DUI conviction.

      Finally, DUI offenders may experience harm to their personal or professional reputations in the community.

      Our skilled legal team can work to lessen or eliminate the collateral consequences that you experience due to your criminal DUI/OVI conviction.

    • Successfully Defending Against a Criminal DUI Charge

      An individual arrested on a DUI charge can raise one or more legal defenses at their criminal court trial. If the defense is successful, the DUI charge may be subject to a complete dismissal.

      First, an individual accused of DUI can raise Fourth Amendment violations as a legal defense to their charge. For example, the driver might be in a position to argue that the responding police officer did not have the necessary reasonable suspicion or probable cause to pull their vehicle over in the first place. In that instance, any subsequent DUI arrest might have been unlawful.

      Next, an accused individual can contend that the breathalyzer equipment the police officer used was faulty in some way. The officer might not have properly calibrated the breathalyzer machine, or they might have made a mistake when administering the test. Additionally, a driver can argue that the police officer did not properly administer chemical testing, such as blood or urine tests. A toxicology expert can also conclude that certain chemical testing evidence is faulty.

      Next, a driver can argue that the responding police officer made a mistake when they administered one or more field sobriety tests.

      For example, the officer might not have conducted the test correctly or failed to account for faulty lighting conditions – or an adverse medical condition from which the driver suffered. If the driver suffered from a balance condition, that condition may have prevented them from accurately completing their field sobriety test.

      Our legal team can help you determine if you can raise one or more of these defenses. If so, we can argue the proper defense in court on your behalf. We gather strong evidence to support each client’s individual defense strategy, and our legal team provides personalized and tailored defense assistance in every DUI case. Allow us to begin building your defense today.

  • MAYFIELD

    • Lyndhurst Municipal Court Information

      Cases originating in Mayfield Village, Ohio, are heard in the Lyndhurst Municipal Court.

      • Phone: (440) 771-1175
      • Address: 5301 Mayfield Road, Lyndhurst, Ohio 44124
      • Hours of Operation: Monday – Friday, 8:00 am to 4:00 pm
      • Website: http://www.lyndhurstmunicipalcourt.org/

      Types of Cases Heard

      • Civil
      • Small Claims
      • Traffic Tickets
      • DUI / OVI
      • Misdemeanor criminal

      Presiding Judge: Judge Mary Kaye Bozza |Mayfield Village Prosecutor: Joseph W. Diemert, Jr.

    • Defense for All Charges in Mayfield Village

      Our team has spent years defending clients in the municipal courtrooms of Northeast Ohio, and our experience as prosecutors in those same courtrooms gives us an exceptional level of insight. We know what prosecutors are looking for when it comes to negotiating for reduced charges, we know how criminal cases are built by prosecutors, and we know what evidence is likely to be emphasized and what is likely to be obscured. Our criminal defense lawyers can help you when you’re facing any number of charges in Lyndhurst Municipal Court.

  • MACEDONIA

    • Professional Criminal Defense for DUI & Criminal Charges in Macedonia, OH

      We aren’t just experienced DUI lawyers. We’re former prosecutors with unparalleled experience operating in Ohio courtrooms, from Mayor’s Courts to County and Municipal Courts and up through the system. There are big risks that go with being charged with a crime like DUI in Ohio. The consequences of a DUI or criminal conviction can be serious-costing you money, putting you in jail, and even costing you your job.

      It just doesn’t make sense to risk your future by working with anyone but the most aggressive attorney you can find. So get the best OVI attorney you can. At Patituce & Associates, our defense strategy is simple: We build strong cases and press every issue local prosecutors don’t have nailed down. We fight hard for our clients, and our results speak for themselves. We take pride in being the team the prosecution hopes you don’t hire.

      Don’t take a DUI or criminal charge lightly. Fight back with Macedonia criminal defense lawyers who want to win! Call us at (440) 771-1175">(440) 771-1175.

    • Macedonia Mayor’s Court in Ohio

      Types of Criminal Cases Heard

      • Traffic
      • Criminal
      • OVI (DUI)

      Municipalities in the Court’s Jurisdiction: Macedonia, Ohio

      Matters before the Macedonia Mayor’s Court may be transferred to the Stow Municipal Court, which hears misdemeanor and traffic cases for 16 Summit County communities. Learn more at www.stowmunicourt.com.

  • LORAIN dui

    • How We Help Clients Facing OVI Charges

      When you hire a Lorain DUI defense lawyer from Patituce & Associates, you can expect aggressive legal representation. We will:

      • Explain your legal rights and options
      • Investigate the arrest to determine if there were grounds for the traffic stop or commencement of testing
      • Examine the testing machine to determine if it had any calibration problems or other issues that would cause inaccurate results
      • File motions to dismiss charges or suppress evidence, as appropriate
      • Question law enforcement and other witnesses
      • Develop an effective strategy based on the particular circumstances surrounding your case
      • Negotiate with prosecutors for a fair resolution of your case
      • Fight your case in a trial if this is determined to be the best option for your case

      We are your advocates and will be in your corner in and out of the courtroom. Call us today to take advantage of your free case review.

    • Penalties for OVI in Ohio

      At Patituce & Associates, our goal is to help you avoid the consequences of a conviction for OVI, which can include:

      • First OVI – 3 to 180 days in jail, $250 to $1,075 in fines, and a license suspension of six months to three years.
      • Second OVI – Between 10 days and 180 days in jail, $350 to $1,625 in fines, license suspension from one year to five years, impoundment of plates, and immobilization of vehicle for 90 days.
      • Third OVI – Between 30 days and 365 days in jail, $550 to $2,500 in fines, license suspension from one year to ten years, impoundment of plates, and immobilization of the vehicle.
      • Fourth OVI – Between 60 days and 30 months in jail, $800 to $10,000 in fines, license suspension from three years to life, impoundment of plates, and immobilization of the vehicle.

      While most OVI offenses are considered misdemeanors in Ohio, your OVI can be charged as a felony if you have multiple offenses within a ten-year period.

      Additionally, you could be required to attend and pay for an alcohol or drug abuse program and/or installation and monitoring from an ignition interlock device in your vehicle.

  • LORAIN

    • Why Should You Hire a Lorain Criminal Defense Lawyer?

      A Lorain criminal defense lawyer can assist you in many ways, including:

      • Investigating your case to discover important evidence or to advance alternative legal theories than the prosecution’s
      • Explaining your legal rights and options
      • Negotiating a favorable plea agreement on your behalf
      • Discussing the risks and benefits of accepting any plea deal
      • Challenging the evidence against you and moving to suppress it, when appropriate
      • Building a compelling legal strategy tailored to your particular situation
      • Seeking an acquittal in court
      • Ensuring you understand your options at each phase of your case

      Whichever route you choose to take with your case, Patituce & Associates can ensure you have powerful legal counsel by your side.

    • Why Choose Patituce & Associates

      You have the right to choose the lawyer you want to represent you. However, we strongly believe that Patituce & Associate is a great option for you because we:

      • Passionately believe that all individuals facing criminal charges have the right to due process and zealous legal representation
      • Fight tirelessly on behalf of our clients every step of the way
      • Have more than 70 years of combined legal experience
      • Include former prosecutors on our team, so we know the ins and outs of both sides of the case
      • Are the law firm other lawyers and law enforcement officers turn to when they need help defending against criminal charges
      • Have a reputation as a top-rated Ohio criminal defense firm

      When you are facing serious criminal charges, you can rely on us to help in every way possible.

    • Criminal Cases We Can Assist You With
      We provide representation for felony and misdemeanor offenses. today to learn more about how we can help when you call us to take advantage of a free case review.
    • Can I Afford a Criminal Defense Attorney?

      You can’t afford not to hire a criminal defense attorney. If you are facing criminal charges, your freedom, professional reputation, and future are hanging in the balance. While law enforcement will inform you that you have a right to a lawyer and one can be appointed to you if you cannot afford an attorney, this removes your right to choose your own lawyer. You would be assigned a random lawyer who may or may not have experience. Undoubtedly, it would be a lawyer with more cases than our lawyers handle at a given time. The estimated amount of time some public defenders spends with a client is five minutes.

      When you hire Patituce & Associates, we will invest our time and energy into your case. We do not simply plead your case out to get rid of it and move on to the next person. We want to help secure the best possible outcome for you and will work tirelessly to try to obtain it.

  • IND

    • Why Choose Patituce & Associates as Your Criminal Defense Attorneys in Independence, Ohio

      All of our lawyers challenge the government’s evidence and do not simply take the police at face value; we dig deep into their evidence and question what they really have.

      For example, many people feel that if they fail a breathalyzer test, they will be convicted 100% of the time. We believe that this is false. Our experiences show police can make serious mistakes in how they handle an OVI arrest and subsequent investigation. No case is absolutely hopeless; however, many are difficult and require the skill and experience of criminal defense attorneys who have been there before and successfully defended cases like yours.

    • Our Law Office in Independence
      Serving several cities in the greater northern Ohio area, our Independence office is proud to offer you convenient access to quality legal services. You can visit us at 6100 Oak Tree Boulevard, Suite 200, Independence, OH, 44131. Or, you can reach us by phone at (440) 771-1175 or through our online contact form to get in touch with an attorney who can answer your questions and arrange a free consultation to learn more about your case.
    • Types of Criminal Defense Cases We Handle in Independence, Ohio

      At Patituce & Associates in Independence, Ohio, we are adept at providing vigorous and skilled legal representation for those facing a wide array of criminal charges. Our experienced team of attorneys routinely handles cases ranging from DUIs and traffic infractions to more grave offenses such as drug-related crimes, white-collar fraud, violent crimes, and sex offenses. We understand the profound impact a criminal charge can have on an individual’s life, and as such, we are committed to ensuring that our clients receive the most comprehensive defense possible. Every case is approached with a unique strategy tailored to the specifics of the situation and the needs of the client. Some of the services we provide as criminal defense lawyers in Independence include:

    • Criminal Charges in Independence and Cuyahoga County

      Independence is a relatively small city at just over 7,500, according to census data. As a suburb of Cleveland, it experiences much lower crime rates than its big city neighbor. However, as with any city, criminal charges and convictions happen routinely. In Cuyahoga County, violent crime and property crime make up the overwhelming majority of all reported offenses, at 43% and 48%, respectively.

      Independence boasts a high number of workers in the technology industry. As such, a relatively high percentage of crimes are also classified under financial crimes. Of these, some of the most common cases involve credit card fraud, false pretenses, forgery, and extortion.

      Our lawyers are familiar with the types of criminal allegations that occur in our area, as well as where they take place and how local laws and the circumstances particular to your case may influence the strategies we employ to protect you and defend your rights.

    • Penalties for Criminal Offenses in Ohio

      In Independence, Ohio, the legal framework enforces stringent consequences for those found guilty of criminal activities. Both major crimes (felonies) and less severe infractions (misdemeanors) can lead to time behind bars and monetary fines. Certain offenses may also come with additional penalties. For instance, DUI convictions might result in a driver’s license suspension, while sex-related crimes could mandate registration as a sex offender.

      The specific penalties one might face hinge on the nature of the crime committed, prior criminal records, and the unique details surrounding the incident. Among the potential consequences are:

      • Substantial fines
      • Incarceration in prison or jail
      • Probationary periods
      • Mandatory community service

      Our legal team works hard to reduce penalties and sentences for those facing criminal allegations. In some cases, this may even result in charges being dropped before a conviction is made. In other cases, we may work toward plea negotiations or reduced fines or sentences.

    • Should I Consider a Plea Deal?

      Plea bargains are negotiated agreements between the defense and the prosecution that offer an alternative route to a lengthy courtroom trial. They typically involve the defendant agreeing to plead guilty to a lesser charge in exchange for a reduced sentence or the dismissal of other charges.

      Plea bargains can be a strategic move in many criminal cases, but they require a careful balancing act. Here’s how seasoned attorneys work in the arena of plea negotiations to benefit your case:

      • Understanding Your Best Interests: Every individual’s circumstances and priorities are unique. For some, avoiding jail time might be paramount, while others might prioritize keeping a clean record. Your attorney will consider these factors in shaping the negotiation strategy.
      • Negotiating: Our criminal defense attorneys have a deep understanding of the local legal landscape. We have established relationships with prosecutors and the experience that comes with being former prosecutors ourselves, which can be beneficial in navigating plea discussions. Their experience allows us to gauge when to push harder, when to compromise, and when to walk away.
      • Presenting Alternative Solutions: Instead of just focusing on reducing charges, your criminal defense attorney might also propose alternative sentencing options like rehabilitation programs, community service, or probation. Such solutions can be especially valuable in cases where the primary goal is to avoid incarceration.

      Ultimately, a plea bargain is ultimately the defendant’s decision. An attorney’s role is to ensure that the individual fully understands the implications of their choices, both immediate and long-term. However, plea bargains can often mean the difference between severe penalties and more lenient outcomes. If you find yourself facing criminal charges, it’s crucial to have an experienced legal advocate who can effectively navigate the nuances of plea negotiations on your behalf.

    • Facing a DUI Charge in Independence?

      Driving Under the Influence (DUI) charges are among the most common yet severe offenses one might face on the roads of Independence, OH. These charges can result from the operation of a vehicle while impaired by alcohol, drugs, or a combination of both. The repercussions of a DUI conviction can be life-altering, including hefty fines, license suspension, mandatory alcohol programs, and even incarceration.

      If you find yourself being arrested on suspicion of a DUI, it’s vital to remember a few key steps:

      • Stay Calm, Compliant, and Silent: Reacting aggressively or resisting arrest can result in additional charges. It’s essential to cooperate with the arresting officers, even if you believe the arrest is unjust. While it’s crucial to provide basic identification information, you have the right to remain silent regarding the details of the situation. Anything you say can be used against you in court.
      • Decline Field Sobriety Tests: In many jurisdictions, you are not legally required to take field sobriety tests. These tests can be subjective and might be used against you.
      • Seek Legal Counsel: As soon as it’s feasible, reach out to a knowledgeable DUI attorney to represent you. They can offer guidance tailored to your unique situation.
      • A seasoned DUI attorney can evaluate your case’s specifics and deploy a range of defense strategies. Some potential defenses include:
      • Faulty Breathalyzer Test: The equipment used to measure blood alcohol content can malfunction or be used incorrectly, leading to inaccurate results.

      Improper Stop: If law enforcement did not have a valid reason to initiate the traffic stop, any evidence gathered may be deemed inadmissible.

      • Medical Conditions: Some medical conditions can mimic the symptoms of intoxication or affect breathalyzer results.
      • Violation of Rights: If your rights were violated during the arrest, such as not being informed of your right to remain silent or not having access to an attorney, it could impact the case’s outcome.

      When facing DUI charges, it’s paramount to act swiftly and secure knowledgeable legal representation. Our DUI attorneys at Patituce & Associates can ensure your rights are upheld and work diligently to achieve the best possible outcome for your case.

    • Do I Need a Criminal Defense Lawyer?

      Navigating the intricate web of the criminal justice system in Independence, OH, can be daunting. If you find yourself facing criminal charges, the stakes are undeniably high, and every decision you make can impact the course of your future.

      There’s an inherent value in having a dedicated criminal defense attorney by your side. Such professionals possess an in-depth understanding of local laws, legal procedures, and potential defenses. They can scrutinize the evidence, negotiate with prosecutors, and strategize to ensure the best possible outcome for your situation. Moreover, an experienced attorney can alleviate the emotional stress of court proceedings, providing guidance and clarity throughout a turbulent period. In essence, having a dedicated criminal defense attorney can mean the difference between a reduced sentence, case dismissal, or conviction.

    • How Much Does a Criminal Defense Attorney Cost?
      Our attorneys at Patituce & Associates are proud to provide free consultations on every case that we handle. We think that it would be incredibly ridiculous for you to have to pay to initially speak with us regarding your case. At our firm, our Independence criminal defense attorneys want you to be able to freely discuss the particulars of your case with legal counsel before we decide to take your case on. It is also important to us that you are comfortable with us. If you would like to learn how we can help, call today.
    • What Can a Criminal Defense Attorney Do for My Case?

      When facing criminal charges in Independence, Ohio, you might feel overwhelmed by the complexities of the legal process and the potential consequences ahead. Engaging a criminal defense attorney can be your crucial ally during such challenging times. These legal professionals delve deep into the specifics of your case, evaluating evidence, identifying inconsistencies, and spotting potential violations of your rights. With their comprehensive understanding of local legal nuances, they can craft strategic defenses tailored to your unique situation.

      Beyond the courtroom, an attorney can engage in negotiations with the prosecution, seeking reduced charges or even case dismissals. Furthermore, they offer invaluable advice on plea deals, ensuring you understand every implication before making decisions. Throughout this journey, a criminal defense attorney acts as both a shield and guide, advocating for your best interests and demystifying the complexities of the legal system for you.

    • Independence Mayor’s Court

      The Mayors Court in Independence, Ohio, hears only misdemeanor offenses that occurred within the city limits, except second DUI, second driving under suspension, domestic violence, and stalking arrests. Those types of cases and others will be heard in either Garfield Heights Municipal Court or Cuyahoga County Court.

      The Independence Mayor’s Court is in session every other Wednesday at 9:00 am.

    • Secure Your Future and Call Our Independence Criminal Defense Attorneys Today
      Facing the weight of the criminal justice system without an expert by your side can be a risky endeavor. Your freedom, reputation, and future opportunities are on the line. At Patituce & Associates, we are more than just lawyers; we’re your dedicated advocates in your hour of need. Don’t navigate this journey alone; let our experienced team be your beacon of hope. Secure the best possible outcome for your situation and take the first step towards a brighter future. Reach out to us today at (440) 771-1175, and let us defend your rights.
  • DAY traffic

    • How Our Dayton Traffic Offenses Lawyers Help with Traffic Offense Cases

      Many people begrudgingly pay a traffic ticket after receiving it, thinking this is the only way to deal with the problem or at least the simplest. However, there are significant consequences at risk if you pay the ticket because you are basically admitting fault and letting the government get your money without a fight.

      Our Dayton traffic offenses lawyers can review the circumstances surrounding your ticket to determine if you have been given a valid citation or if there are potential defenses to the offense. It may also be possible to negotiate a deal with the prosecutor that minimizes the damage to your driving record. We provide a free consultation, so there is no risk for you to reach out to us and learn about your possible options before you pay the ticket. today to learn more.

    • Types of Traffic Offenses Our Lawyers Handle

      At Patituce & Associates, LLC, we regularly handle the following types of traffic offense cases:

      • Speeding (O.R.C. 4511.21) – Speeding can mean that you drive above the posted speed limit or that you drive in excess of a reasonable speed, given the current road conditions.
      • Running a red light or stop sign (O.R.C. 4511.12 ) – Disobeying a traffic control device or traffic sign can result in a misdemeanor traffic offense.
      • Texting while driving (O.R.C. 4511.204) – In Ohio, it is a primary offense to text while driving. However, there are a few exceptions permitted under the law.
      • Driving without insurance (O.R.C. 4509.01) – Drivers who operate a vehicle without the following mandatory minimum insurance can be ticketed:
        • $25,000 for bodily injury or death to one person
        • $50,000 for bodily injury or death of more than one person
        • $25,000 for property damage
    • Potential Consequences of Dayton Traffic Offenses

      Paying the ticket or being found guilty of a traffic offense can result in the following consequences:

      • Driving points assessed on your driver’s license – Depending on the traffic offense, you can face between two and six points being assessed on your driver’s license.
      • Loss of driving privileges – If you accumulate 12 or more points on your driver’s license within two years, you can lose your driving privileges for 12 months.
      • Career effects on a CDL – If you receive a traffic citation while driving your personal vehicle or commercial vehicle, your CDL can be disqualified for 60 days or more.
      • Higher insurance premiums – A conviction often translates directly to higher insurance premiums until the conviction is off your driving record.

      Do not face these possible consequences alone. Turn to an experienced Dayton traffic offenses lawyer for help.

  • DAY murder

    • What You Can Expect from Our Dayton Murder Defense Lawyers

      When you hire Patituce & Associates, LLC, you can count on our team to:

      • Visit the scene of the crime and conduct an in-depth investigation
      • Interview witnesses who saw the crime, another suspect, or relevant facts related to your defense
      • Determine potential defenses that may apply in your case, such as an alibi or self-defense
      • Handle any requests from law enforcement
      • Discuss any offered plea bargain and our honest assessment of whether you should accept it

      If you decide to take your case to trial, you can count on us to mount a vigorous defense on your behalf.

    • Our Dayton Murder Defense Lawyers Handle All Types of Homicide Cases

      Our Dayton murder defense lawyers can handle the most serious homicide cases, including:

      • Murder (O.R.C. 2903.02) – Murder in Ohio is defined as purposefully taking the life of another person or fetus or causing death as a proximate result of committing certain types of crimes.
      • Aggravated Murder (O.R.C. 2903.01) – A conviction for aggravated murder can expose you to the most serious criminal penalties possible in Ohio. This crime occurs when you intentionally planned to kill another person, you killed someone while committing certain violent crimes like kidnapping or rape, or if the victim was part of a protected group.
      • Voluntary Manslaughter (O.R.C. 2903.03) – Voluntary manslaughter charges can be brought when you knowingly cause the death of another person while under the influence of sudden passion or while in a sudden fit of rage. Due to the heightened emotional state, the offense is not punished as harshly as murder.
      • Involuntary Manslaughter (O.R.C. 2903.04) – Involuntary manslaughter is the unintentional killing of another person while committing a felony or misdemeanor.
      • Reckless Homicide (O.R.C. 2903.041) – If you engaged in reckless behavior that ultimately caused the death of another person, you can face charges for reckless homicide.
      • Negligent Homicide (O.R.C. 2903.05) – Negligent homicide is a crime in Ohio that is charged when a person accidentally kills another with a deadly weapon or similar item, such as during a hunting accident.
      • Vehicular Homicide or Manslaughter (O.R.C. 2903.06) – This statute addresses three different crimes, all of which involve killing someone else with a vehicle. The charge you may face depends on the factors surrounding the accident.
    • Potential Penalties for Homicide Offenses
      The offenses described above vary widely with respect to potential penalties. You can face probation all the way up to life in prison for a conviction. Contact a skilled criminal defense lawyer to learn about the defenses that might be available in your case.
  • DAY dui

    • How Our Experienced Dayton DUI Lawyers Can Defend Your Rights

      As former prosecutors, we know the vulnerabilities that may exist in DUI/OVI cases and can leverage our considerable experience and knowledge in this realm to vigorously defend our client’s rights. When you hire us to represent you, we can:

      • Investigate the underlying traffic stop to determine if it was not completed in a constitutional manner
      • Challenge the evidence against you by showing law enforcement did not follow rules or conduct testing properly
      • Conduct an independent evaluation of your test results and samples
      • Review maintenance records for any breathalyzer machine that was used to support your arrest for underlying problems with the testing machine
      • Gather medical records that show a plausible reason why you tested above the legal limit
      • Move for the charges against you to be dismissed, when appropriate
      • Defend you in court
    • What Is OVI in Ohio?
      Operating a vehicle under the influence of alcohol or drugs (OVI) is considered a first-degree misdemeanor for a first offense in Ohio. This crime can be charged if you operate a motor vehicle with a blood alcohol concentration above the legal limit or certain concentrations of drugs in your system.
    • Two Cases Are Involved

      It is important to understand that if you are arrested for OVI in Ohio, two cases diverge. The first case concerns your driving privileges. Your driving rights can be immediately suspended unless you take prompt action to challenge this through an administrative hearing. The other is a criminal case, which can result in jail time and other penalties upon conviction.

      At Patituce & Associates, LLC, we understand the serious consequences of both of these types of cases and handle them both.

    • What Penalties Can I Face If I’m Convicted of OVI?

      An OVI conviction in Ohio can result in the loss of your driving privileges and your freedom. Possible penalties include:

      • Incarceration – A first offense can result in a mandatory minimum jail time of three days up to six months while subsequence convictions can result in incarceration of ten days to five years.
      • Fines – You may be required to pay expensive fines of anywhere from $350 for a first-time offense, and up to $10,000 for subsequent offenses.
      • Drug and alcohol abuse program – You might be required to attend and pay for a drug and alcohol abuse program.
      • Ignition interlock device – You may also be required to have an ignition interlock device installed in your vehicle, which you would have to pay for, along with ongoing costs for monitoring.
      • Loss of driving privileges – You can lose your right to drive and have your license suspended. You would have to pay reinstatement fees before you can legally drive again.
  • DAY drugs

    • If you are facing drug charges, we can take an aggressive approach to help defend your rights and freedom by:

      • Arguing for the dismissal of charges or suppression of evidence – Many drug charges are the result of illegal searches and seizures where police have violated the constitutional rights of defendants. When appropriate, we can file motions seeking to suppress the evidence against you or even dismiss the charges altogether due to this misconduct.
      • Conducting an independent evaluation – Just because the government says something happened does not mean that it has. Media reports have revealed various instances in which lab technicians lied about the results of drug analysis, police have planted evidence, or law enforcement officers have broken the chain of custody. We can conduct an independent evaluation to determine whether the evidence against you is credible.
      • Negotiating on your behalf – If it is possible to secure a plea agreement that is actually in your best interest, we can spearhead these negotiation talks with the prosecutor.
      • Zealously representing you at trial – If you decide to take your case to trial, we can mount an aggressive defense on your behalf.

      Our team of lawyers are former prosecutors with over 70 years of combined legal experience, so we know what it takes to win and how the other side operates.

      Call us today at (440) 771-1175">(440) 771-1175 for a free and confidential case consultation.

    • We Are Equipped to Handle Any Drug Offense Case

      Dayton prosecutors often charge people with the following types of drug crimes:

      It is also not uncommon for prosecutors to tack on conspiracy, RICO offenses, or other charges onto drug crime offenses. Additionally, Ohio law allows the government to seize property it believes to be connected to drug activity. When facing these serious consequences, it is critical that you work with an experienced Dayton drug crimes lawyer.

  • DAY

    • An Advocate on Your Side, Every Step of the Way

      Our dedicated Dayton criminal defense lawyers can assist you with every stage of your case, including:

      • Pre-arrest – It is understandable that you would want to clear your name, so when police ask to speak to you, you might be initially willing. However, police officers are experienced at twisting suspects’ words. Our team can take steps to immediately protect your rights, including handling any police interrogations. We have successfully prevented charges from being filed against our clients.
      • Investigation – We can conduct a thorough investigation into the charges against you. Our full services include visiting the crime scene, interviewing witnesses, identifying defenses to the charges against you, independently analyzing the evidence against you, and gathering additional evidence with the help of a private investigator, as appropriate.
      • Motions – There may be legal grounds to argue for evidence to be suppressed against you or for charges to be dropped. We can advance these legal arguments by filing appropriate motions.
      • Plea agreement negotiations – Our team can evaluate any offered plea agreement, discuss it with you, and explain whether accepting would be in your best interest. We will provide an honest assessment and will not tell you to take a deal just to make our job easier. We only care about what’s best for you.
      • Trial – Our trial lawyers have over a 90% success rate and over 200 jury trials to their names. We are not afraid to go to trial to fight to protect your rights.

      At any stage in the process, we are prepared to fight aggressively to protect your rights. today to get started with your free phone case review.

    • Types of Cases Our Dayton Criminal Defense Lawyers Are Equipped to Handle

      Some of the cases our Dayton criminal defense lawyers take on include:

      Contact our skilled defense lawyers for a free case review.

  • DAY assault

    • How Our Dayton Assault Defense Lawyers Approach Assault Cases

      Assault is a unique criminal charge in Ohio because it does not require actual physical contact for a crime to be committed or charged. At Patituce & Associates, LLC, we understand assault charges often result because of misunderstandings and that you might try to clear your name after being interrogated by police. However, the police are not really interested in your side of the story. They just want to help prosecutors secure convictions. When everyone else involved is working against you, you need a strong advocate in your corner who will work for you.

      We can truly listen to you to find out how the events unfolded. We can also search for additional evidence that supports your version of events or reasons why the alleged victim may be fabricating or exaggerating allegations against you. today to take advantage of our free and confidential case review.

    • Types of Assault Cases Our Dayton Criminal Defense Lawyers Handle

      Our top-notch criminal defense firm is prepared to handle any assault case, including:

      Simple Assault (2903.13)

      Simple assault involves the knowing or reckless causing or attempting to cause physical harm to another or their fetus.

      Aggravated Assault (O.R.C. 2903.12)

      Aggravated assault also involves the knowing or reckless causing or attempting to cause physical harm, but it is committed while using a deadly weapon or dangerous ordnance.

      Negligent Assault (O.R.C. 2903.14)

      Negligent assault occurs when a person accidentally causes physical harm to another person or their fetus while negligently using a deadly weapon or dangerous ordnance.

      Felonious Assault (O.R.C. 2903.11)

      Felony assault can be charged if a defendant knowingly causes serious physical harm to another, uses a deadly weapon or dangerous ordnance, or transmits AIDS. Because the suspect knowingly carries out this action, the offense is treated as a more serious felony.

      Menacing (O.R.C. 2903.22)

      Menacing occurs when a person knowingly causes another person to feel threatened.

      Vehicular Assault (O.R.C. 2903.08)

      Vehicular assault can be charged when you harm another person with a motor vehicle. If the victim suffered serious physical harm, you can be charged with aggravated vehicular assault.

    • Potential Penalties for Assault Convictions

      The crimes described above can result in various penalties, depending on the specific crime and degree charged, as follows:

      • Simple assault – A first-degree misdemeanor, carrying a maximum sentence of 180 days in jail and a fine of $1,000
      • Negligent assault – A maximum sentence of 60 days in jail and a fine of $500
      • Aggravated assault – A fourth-degree felony, carrying a maximum sentence of six years in prison and a fine of $5,000
      • Felonious assault second degree – A sentence of up to 12 years in prison and a fine of up to $15,000.
      • Felonious assault first degree – Imprisonment up to 16.5 years and a fine of up to $20,000
      • Vehicular assault – Up to 18 months imprisonment
      • Aggravated vehicular assault – Up to five years in prison
      • Menacing – A fourth-degree misdemeanor, punishable by up to 30 days in jail and a fine of up to $250
  • Columbus white

    • Factors that Make White Collar Crime Prosecutions Different

      Here are some of the distinguishing characteristics about white collar crimes:

      • Federal charges may be involved, which carry stiffer penalties and bigger potential consequences
      • Federal or state organizations may have conducted an in-depth investigation into the case before bringing charges against you, so the weight of the evidence may be stronger
      • Prosecutors don’t bring these types of cases without believing they’ll win, because they want good publicity

      These factors demonstrate why the choice of criminal defense lawyer you choose is so pivotal.

    • Columbus White Collar Crimes Our Lawyers Handle

      Our criminal defense firm is equipped to handle the most complex of white-collar crimes. Some of the cases we handle include:

      • Tax crimes – We assist people who are accused of tax evasion, non-payment of taxes, failing to file a tax return, making false statements on tax returns, or tax fraud.
      • Fraud – There are numerous types of fraud crimes that a person may be accused of. Depending on the circumstances, this may involve federal authorities, such as using the mail or electronic wires to commit fraud. Investment fraud occurs when someone provides false information to induce someone to invest in securities. Prescription drug fraud occurs when someone writes fake prescriptions or alters legitimate prescriptions.
      • RICO crimes– You could face Racketeer Influenced and Corrupt Organizations (RICO) charges if you are accused of committing crimes in association with an organization.
      • Forgery – If you forge someone else’s signature on a check or other instrument, you could face charges for forgery.
      • Embezzlement Embezzlement is committed when an employee trusted to handle funds for their employer misuses the funds or steals them.
      • Theft from business – Depending on the amount involved, theft from a business can result in first-degree felony charges.

      today at (440) 771-1175 to schedule a free and confidential case review with one of our experienced Columbus white-collar offenses lawyers.

  • Columbus traffic

    • How Our Columbus Traffic Offenses Lawyers Can Help

      Our Columbus traffic offenses lawyers can work to protect your rights and driving privileges by:

      • Explaining the charges against you so that you can explain defenses that might apply to your case
      • Gathering evidence to support your version of events
      • Negotiating for a dismissal or reduction of your ticket
      • Exploring other options that will not have an adverse effect on your driving privileges
      • Taking your case to trial, if necessary

      We can also help you apply for an occupational license on your behalf if your driving privileges have been suspended so you can drive for essential purposes

      If you have received a ticket citation, do not delay. You only have a limited time to act. Contact our Columbus traffic offense lawyers today to schedule a free consultation.

    • Types of Traffic Offense Cases Our Lawyers Handle

      Our Columbus traffic offense lawyers are equipped to handle the most serious of traffic violation cases. We can help with cases including:

      • SpeedingO.R.C. 4511.21 makes it unlawful for a driver to operate a vehicle above the posted speed limit or above a reasonable speed, based on current road conditions.
      • Running a red light or stop signO.R.C. 4511.12 mandates that drivers obey all traffic control devices. If they run a red light or stop sign, they can face serious consequences.
      • Operating a vehicle under the influence of alcohol or drugs – Under O.R.C. 4511.19, it is illegal to operate a vehicle with a blood alcohol content of .08% or greater, a certain concentration of specified controlled substances, or alcohol, a controlled substance, or combination of them that adversely affects one’s driving ability.
      • Texting while driving – Under O.R.C. 4511.204, texting while driving is considered a primary offense, so a law enforcement officer can stop and ticket a driver they see violating this law.
      • Driving with no insurance – Under O.R.C. 4509.01, drivers must maintain a minimum of $25,000 for bodily injury or death to one person, $50,000 for bodily injury or death of more than one person in a single accident, and $25,000 for property damage they cause because of their negligence. If they do not maintain state-mandated insurance, they can face costly tickets and other consequences.
    • Potential Penalties for Columbus Traffic Offenses

      The goal of our Columbus traffic offenses lawyers is to help you avoid the potential consequences of receiving a citation for the offense, which might include:

      • Criminal charges, with many traffic offenses rising to the level of a misdemeanor or other criminal charge
      • Costly fines
      • Loss of driving privileges
      • The requirement to turn in their license plates
      • Loss of a commercial driver’s license
  • Columbus theft

    • How Our Columbus Theft Defense Lawyers Can Help You

      If you are facing theft-related charges, our Columbus theft defense lawyers can help by:

      • Explaining the charges and consequences to you – We can safeguard your interests by ensuring that you understand the nature of the charges against you and the possible consequences. A conviction could mean imprisonment of six months to ten years and a criminal record that follows you around for the rest of your life.
      • Challenging the evidence against you – We can carefully analyze the facts and evidence against you and determine if there is a legal basis to file a motion to suppress evidence of dismiss charges.
      • Investigating possible defenses – We can also investigate possible defenses to the charges against you, such as a misidentification, mistake, or misunderstanding.
      • Fighting to protect you at trial – While we can fight for a favorable plea agreement on your behalf, sometimes the best option is to go to trial where we can try to persuade the jury that the government has failed to meet its burden We can also negotiate for a plea agreement in exchange for reducing or dismissing charges against you.

      Whether you choose to hire us or another lawyer, it is essential to hire an experienced Columbus criminal defense attorney who can mount a solid defense on your behalf.

      Let us show you how we are different when you call us for a free and confidential case review at (440) 771-1175.

    • Cases Our Columbus Theft Crimes Lawyers Handle

      Our Columbus theft crime defense lawyers have helped people facing many different theft charges, including:

      Finding of Value of Stolen Property as Part of Verdict (O.R.C. 2913.61)

      In Ohio theft and fraud cases, the defendant is charged based on the value of the property that was stolen. The fact-finder is required to determine the appropriate value of the stolen goods under this law. According to this law, several small thefts can be added together to equal a larger sum and therefore harsher offense and penalty. So, what a defendant may believe is only a misdemeanor offense could really be a felony offense.

      Another aspect of this law is that if theft crimes are committed as part of the defendant’s relationship and the victims are elderly or disabled, the crimes can be prosecuted together, which can also result in harsher penalties.

      Fifth Degree Felony Theft (O.R.C. 2913.71)

      In some cases, a theft crime can be charged as a fifth degree felony, regardless of the property value. This is the case when any of the following are alleged to have been stolen:

      • Credit cards
      • Forged checks
      • Motor vehicle license plates
      • Blank forms for vehicle titles or driver’s licenses

      Receiving Stolen Property

      A person can be charged with a theft offense even if they were not directly involved with the offense if they are found in possession of stolen goods. To be convicted of this crime, the prosecution must prove the defendant knew or had reason to know that the property was stolen.

    • Other Theft Crimes

      Other theft crimes that may be charged in Ohio include:

      • Fraud charges, including telecommunications fraud, Medicaid fraud, insurance fraud, workers’ compensation fraud, defrauding creditors, defrauding a rental agency or hostelry, or identity fraud
      • Unauthorized use of property, such as a computer, cable, telecommunication property, or vehicle
      • Unlawful sale or use of property, such as an unauthorized cable television device or a telecommunications device
      • Forgery or counterfeiting, such as forging identification cards, selling or distributing forged identification cards, or trademark counterfeiting
      • Other theft crimes, including motion picture piracy, passing bad checks, misuse of credit cards, spamming, or securing writings by deception

      Our Ohio criminal defense attorneys can aggressively mount a strong defense for your case.

    • Potential Penalties for Theft Crimes in Ohio

      The penalties for a theft crime can vary tremendously from a misdemeanor to a serious felony. Many theft crimes are charged as fifth-degree felonies, which can result in incarceration of six to twelve months.

      The theft of goods may be penalized based on the value of the goods in question, such as:

      • Six months to one year for goods valued between $1,000 and $7,500
      • Twelve months to eighteen months, fines, and restitution for goods valued between $7,500 and $149,000
      • Up to five years in prison for goods valued between $150,000 and $749,000
      • A prison sentence between two and eight years for goods valued at $750,000 to $1,500,000
      • A prison sentence up to ten years for goods valued at more than $1,500,000

      The charge of receiving stolen property is also based on the value of the property received. For example, property with a value less than $1,000 is considered a first-degree misdemeanor with a potential penalty up to six months. As the value of the property increases, the level of charges also increases.

  • Columbus sex

    • How Our Columbus Sex Crimes Defense Lawyers Can Help

      When you are facing criminal serious charges, it is essential that you hire a criminal defense lawyer who is willing and able to:

      • Identify possible motives for the complainant to make false allegations or misrepresent what happened
      • Prevent charges from being filed, when possible
      • Explain your legal rights and options at each stage of the case
      • Aggressively attack the evidence against you

      When you hire our Columbus criminal defense lawyers, you’ll have a strong advocate who can aggressively protect your rights.

    • Types of Sex Crime Cases Our Columbus Criminal Defense Lawyers Handle

      Our Columbus sex crimes attorneys are fully equipped to handle cases involving:

      Rape (O.R.C. 2907.02)

      It is illegal for a person to compel another person to engage in sexual conduct with them by:

      • Using or threatening force
      • Impairing the other person with drugs, intoxicants, or a controlled substance
      • Knowing the alleged victim has a mental or physical condition that prevents them from resisting or consenting

      It is also considered rape when a person has sex with someone under the age of 18, regardless of whether or not the person knew their age.

      Rape is generally considered a first-degree felony.

      Sexual Battery (O.R.C. 2907.03)

      Sexual battery occurs when a person engages in sexual conduct with another person by coercing the other person in any manner that would prevent a person of ordinary resolution from resisting. This includes when the person’s ability to assess the situation is substantially impaired and the defendant is aware of that, or the defendant is a teacher, administrator, coach, or other school employee and the alleged victim is enrolled at the school. Sexual battery is generally considered a third-degree felony.

      Unlawful Sexual Conduct with a Minor (O.R.C. 2907.04)

      An adult who engages in sexual conduct with a minor who is 13 to 16 years old can be charged with this offense, a fourth-degree felony.

      Public Indecency (O.R.C. 2907.09)

      Public indecency can be charged when a person knowingly or recklessly does any of the following acts when someone other than members of their household is nearby:

      • Expose their private parts
      • Engage in sexual conduct
      • Masturbate
      • Engage in any other conduct that an ordinary observer would believe was sexual conduct or masturbation

      Public indecency is usually charged as a fourth-degree misdemeanor.

      Compelling Prostitution (O.R.C. 2907.21)

      Compelling prostitution is a third-degree felony in Ohio.

      Voyeurism (O.R.C. 2907.08)

      Ohio outlaws doing any of the following acts to another person for the purpose of sexually arousing or gratifying themselves:

      • Eavesdropping
      • Videotaping
      • Filming
      • Photographing
      • Recording

      Voyeurism is typically charged as a third-degree misdemeanor.

    • Other Sex Crimes

      At Patituce & Associates, LLC, we know that being accused of any sex offense can be a challenge. Your reputation is on the line. That is why we represent clients who are accused of other sex crimes, including:

      • Gross sexual imposition (O.R.C. 2907.05)
      • Sexual imposition (O.R.C. 2907.06)
      • Importuning (O.R.C. 2907.07)
      • Commercial sexual exploitation of a minor (O.R.C. 2907.19)
      • Promoting prostitution (O.R.C. 2907.22)
      • Enticement or solicitation to patronize a prostitute; procurement of a prostitute for another (O.R.C. 2907.23)
      • Payment for medical examination and test of any victim or accused (O.R.C. 2907.28)
      • Disseminating matter harmful to juveniles (O.R.C. 2907.31)
      • Displaying matter harmful to juveniles (O.R.C. 2907.311)
      • Pandering obscenity (O.R.C. 2907.32)
      • Pandering obscenity to a minor (O.R.C. 2907.321)
      • Pandering sexually oriented matter involving a minor (O.R.C. 2907.322)
      • Illegal use of minor in nudity-oriented material or performance (O.R.C. 2907.323)
      • Deception to obtain matter harmful to juveniles (O.R.C. 2907.33)
      • Compelling acceptance of objectionable materials (O.R.C. 2907.34)
      • Permitting unlawful operation of viewing booths depicting sexual conduct (O.R.C. 2907.38)
      • Permitting juvenile on premises of adult entertainment establishment; use of false information to gain entry (O.R.C. 2907.39)
      • Illegally operating a sexually oriented business (O.R.C. 2907.40)
    • Possible Penalties for Convictions of Ohio Sex Crimes

      In Ohio, a sex crime can be a low-level misdemeanor to a serious felony. The potential penalty depends on how the crime is classified, as well as individual circumstances that may elevate the crime.

      Possible penalties for sex crimes in Ohio include:

      • First-degree felony – Up to 16.5 years in prison, up to $20,000 in fines
      • Second-degree felony – Up to 12 years in prison, up to $15,000 in fines
      • Third-degree felony – Up to 36 months in prison, up to $10,000 in fines
      • Fourth-degree felony – Up to 18 months in prison, up to $5,000 in fines
      • Fifth-degree felony – Up to 12 months in prison, up to $2,500 in fines
      • First-degree misdemeanor – Up to 180 days in jail, up to $1,000 in fines
      • Second-degree misdemeanor – Up to 90 days in jail, up to $750 in fines
      • Third-degree misdemeanor – Up to 60 days in jail, up to $500 in fines
      • Fourth-degree misdemeanor – Up to 30 days in jail, up to $250 in fines

      Additionally, a conviction of a sex crime may require the defendant to register as a sex offender for a specified period of time. The length and frequency of registration depend on which tier the offense is classified under, as follows:

      • Tier I – Registration for 15 years, once a year, and can then petition for removal after 10 years
      • Tier II – Registration for 25 years, every six months
      • Tier III – Registration for life, every three months
  • Columbus murder

    • How Our Columbus Homicide Defense Lawyers Can Help

      When your life and freedom are at stake, it’s vital that you have an experienced lawyer on your side. Our Columbus murder defense lawyers can assist you by:

      • Thoroughly investigating the facts of the case, including viewing the crime scene, speaking with witnesses, and reviewing the coroner’s report
      • Using private investigators, as necessary, to identify flaws in the government’s story
      • Gathering evidence to establish your defense
      • Ensuring you understand your legal rights and know how to protect them
      • Handling any police interrogation or lineup
    • Types of Murder Cases Our Lawyers Handle

      Our Columbus homicide defense lawyers are equipped to handle any type of homicide case, including:

      Murder (O.R.C. 2903.02)

      The definition of murder in Ohio is when someone does either of the following:

      • Purposefully caused the death of another
      • Proximately caused the death of another while committing certain violent crimes

      A conviction for murder in Ohio can mean the rest of your life behind bars.

      Aggravated Murder (O.R.C. 2903.01)

      Aggravated murder is an even more serious charge than murder in Ohio. This offense can be charged if there are aggravating factors, such as when the murder is committed:

      • With prior calculation and design
      • While the murderer was committing, attempting to commit, or fleeing a violent crime such as rape, terrorism, robbery, burglary, arson, or kidnapping
      • When the victim is under 13 years old
      • While incarcerated for committing a felony
      • When the victim is a law enforcement officer who was actively engaged in their official duties at the time of the murder
      • When the victim is a first responder or military member the defendant knows to be such and it is their motivation to kill a first responder or military member

      If convicted of this offense, the defendant faces the death penalty or life imprisonment

      Voluntary Manslaughter (O.R.C. 2903.03)

      Voluntary manslaughter is still murder in the technical sense. It involves the technical killing of another person. However, there are mitigating circumstances that allow the crime to be charged as a lower offense. The defendant must be “under the influence of sudden passion” or “in a sudden fit of rage” that is reasonably sufficient into inciting them to use deadly force. This offense is considered a first-degree felony in Ohio, resulting in a maximum sentence of ten years in prison and fines up to $20,000.

      Involuntary Manslaughter (O.R.C. 2903.04)

      Involuntary manslaughter does not involve any intent to cause a person’s death but someone dies nonetheless. This crime is charged when the defendant was committing a felony, misdemeanor, regulatory offense, or a minor misdemeanor. The specific facts can greatly affect the potential sentence a defendant can face. For example, if the defendant was committing a felony when the death occurred, the crime can be charged as a first-degree felony, which carries a maximum sentence of ten years. However, if the death occurred while the defendant was committing a misdemeanor, the sentence can range from one to five years in prison. The term of imprisonment is in addition to any fines the court imposes.

      Reckless Homicide (O.R.C. 2903.041)

      Reckless homicide charges arise when the prosecution believes the defendant showed a careless disregard for the life and safety of others and someone died as a result of these actions. Recklessness is any conduct that a reasonable person would understand to carry a significant risk of injury or death to another. This offense is a third-degree felony in Ohio, which carries a maximum sentence of five years in prison and $10,000 in fines.

      Negligent Homicide (O.R.C. 2903.05)

      Negligent homicide occurs when someone causes the death of another person without intent with a deadly weapon or dangerous ordnance. For example, this offense can be charged when someone accidentally kills another person while hunting. This offense is considered a first-degree misdemeanor in Ohio, with a maximum of six months in jail and a $1,000 fine.

      Vehicular Homicide and Manslaughter (O.R.C. 2903.06)

      Ohio has three separate charges for vehicular homicide that are described in the statute. All of these offenses require that some type of vehicle was involved and someone died while the defendant was in control of that vehicle.

      Vehicular homicide alleges that the defendant operated their vehicle negligently or was speeding in a construction zone, resulting in the victim’s death. This offense is charged as a first-degree misdemeanor, which can result in a maximum sentence of six months in jail. Additionally, the defendant’s driving privileges can be suspended for one to five years. In some circumstances, vehicular homicide can be charged as a fourth-degree felony, which carries a maximum 18-month sentence.

      If the defendant was committing a minor misdemeanor traffic offense, they can be charged with vehicular manslaughter, which carries a maximum sentence of 90 days and a license suspension of up to three years. In some circumstances, vehicular manslaughter can result in a six-month sentence.

      Aggravated Vehicular Homicide (O.R.C. 2903.06)

      Aggravated vehicular homicide is the most serious form of vehicular homicide. This offense is charged when the defendant allegedly:

      • Was drunk or intoxicated by drugs
      • Operated the vehicle recklessly
      • Recklessly operated the vehicle in a construction zone

      Aggravated vehicular homicide can be charged up to a first-degree felony, depending on the circumstances, which can result in a maximum sentence of ten years in prison and fines up to $20,000.

      If vehicular homicide is charged as a third-degree felony, the potential sentence is one to five years, with a license suspension anywhere from three years to life. A second-degree felony charge can result in a sentence of two to eight years and a lifetime suspension of driving privileges.

  • Columbus dui

    • Given the potential legal penalties and collateral consequences of a DUI/OVI conviction, you want the best possible attorneys representing you throughout your pending criminal case.

      The skilled Columbus DUI defense lawyers at Patituce & Associates, LLC have a strong track record of success in favorably resolving DUI cases and litigating them in court. Our skilled defense team has a combined 70 years of experience representing individuals in the Ohio Criminal Court System and successfully defending them against criminal charges.

      Our legal team has successfully tried more than 400 jury trials in the Ohio Court System. Furthermore, our managing partner is one of only 13 board-certified criminal trial attorneys registered in Ohio.

      Moreover, three of the attorneys on our criminal defense team are former state prosecutors. Consequently, these attorneys know how prosecutors handle DUI cases, gather evidence, and build their cases against criminal defendants. More importantly, they routinely use this knowledge when defending clients against pending DUI charges.

      Because of our significant experience and knowledge, we have excellent working relationships – both with Ohio criminal court judges and prosecuting attorneys throughout the state – allowing us to pursue favorable results for our clients. Let us assist you with defending against your criminal DUI/OVI charge and pursuing the case result you deserve.

    • What Is the Criminal Court Process in Ohio for DUI/OVI Charges?

      As with other criminal legal matters, DUI/OVI cases must follow a specific process through the Ohio Criminal Court System.

      The first step is an arraignment proceeding. During this hearing, a judge will explain the pending DUI/OVI charge and ask you if you want to plead guilty or not guilty to the charge. Following an arraignment, you will attend a pretrial hearing.

      During this hearing, we can meet with the state prosecutor handling your case and provide the prosecutor with any potential evidence that may serve as a defense to your criminal charge. The prosecutor will then weigh this evidence and determine whether or not they can recommend a lighter sentence in your case or offer you a plea deal.

      As part of a plea deal, the accused typically pleads guilty to a particular charge. However, in exchange for this guilty plea, the state prosecutor might offer a reduced penalty or a period of probation. Alternatively, the prosecutor might reduce the DUI charge to a lesser offense, such as reckless driving, which will incur lighter penalties.

      In some instances, you should accept a plea deal from the state prosecutor, while at other times, you should take your case to trial.

      By pleading guilty, you give up certain legal and constitutional rights, including your constitutional right to a trial by jury and your right of appeal. However, by pleading guilty, you also remove some of the uncertainty of a trial outcome.

      You might wish to take your case to trial if you did not commit the offense or otherwise have a solid legal defense for your pending DUI/OVI charge.

      If you decide not to accept a plea bargain after consulting your lawyer, your case will typically proceed to trial. During a trial, the parties can each present evidence and call witnesses. Moreover, your attorney can cross-examine any witnesses the state prosecutor calls to the witness stand. Depending on the trier-of-fact of your case, a judge or jury will then determine your guilt or innocence.

      For the state prosecutor to obtain a guilty finding or conviction against you, they must satisfy their legal burden of proof and do so beyond a reasonable doubt.

      In the context of a DUI/OVI matter, the state prosecutor must establish – beyond a reasonable doubt – that you operated a motor vehicle while under the influence of drugs or alcohol. If the prosecutor fails to prove even one legal element of the underlying charge, then the court will dismiss your charge.

      Moreover, a criminal defendant has no legal burden of proof in a DUI case. Because of their Fifth Amendment constitutional right against self-incrimination, they do not even have to take the witness stand in their own defense at trial. However, your lawyer can argue a defense on your behalf at trial, and that defense can serve to negate one or more required legal elements of the prosecution’s case.

      If the prosecutor can obtain a guilty finding or conviction against you, then your case will proceed to sentencing. A judge will ultimately determine the punishment or punishments to impose against you within specific statutory guidelines.

      The experienced Columbus DUI/OVI defense attorneys at Patituce & Associates, LLC can help you decide whether you should accept or reject a plea deal from the prosecuting attorney or take your case to a criminal bench or jury trial. We can also represent you at all legal proceedings in your case and guide you through every step of the process.

    • What Are the Potential Penalties for a DUI/OVI Conviction in Ohio?

      Not surprisingly, a conviction on an Ohio DUI/OVI charge can lead to significant legal penalties and collateral consequences. For example, a first-time offense can lead to between six days and 180 days of incarceration and a monetary fine of between $250 and $1,075. Alternatively, an offender may have to attend a three-day alcohol abuse program rather than jail time.

      A conviction on a second-time offense can lead to incarceration of between 10 days and six months. Moreover, the offender may have to pay a monetary fine between $350 and $1,625. Additionally, the individual may have to pay for and attend a drug or alcohol treatment program. A sentencing judge can also place them under house arrest and/or on continuous alcohol monitoring.

      A third-time offense can lead to incarceration of between 30 days and 365 days, along with a monetary fine of between $550 and $2,500. A judge may also impose mandatory attendance at a drug and alcohol treatment and rehabilitation program, and the defendant must cover the costs. Additionally, a judge may require restricted license plates and mandatory participation in the Ignition Interlock Device (IID) Program.

      A fourth-time conviction can lead to incarceration of between 60 days and 30 months, along with payment of a monetary fine of between $800 and $10,000. Again, a judge may sentence the individual to drug and alcohol treatment, for which they must pay. The offending driver may also need restricted license plates and may have to participate in the IID Program.

      For a fifth-time conviction, the offending driver may have to serve between six months and five years in jail and pay monetary fines of between $800 and $10,000. The court may require a drug and alcohol treatment program, restricted license plates, and mandatory participation in the IID Program.

      In addition, a DUI can result in losing driving privileges for an extended time.

      Along with the various legal penalties for a DUI/OVI conviction, a driver may face numerous collateral consequences.

      Collateral consequences may include:

      • Harm to one’s professional reputation and personal reputation in the community
      • Difficulty finding or keeping a job, especially if the job in question requires a driver’s license
      • Difficulty gaining admission to an educational program, such as a college or university, due to criminal background checks that admissions officers perform
      • Loss of financial aid or scholarships from an educational institution.

      Our legal team can represent you at your sentencing hearing and argue for a fair and reasonable penalty. We can also help you lessen or eliminate the collateral consequences that you experience due to a criminal DUI/OVI conviction.

    • Ways that a DUI Defense Attorney in Columbus can Assist

      Our experienced legal team can assist you with defending against your criminal DUI/OVI charge in several ways.

      First, we can represent you during all plea deal negotiations and in-court proceedings in your case. We can also answer all your questions and address your legal concerns while your case is pending in the court system. We can further gather the necessary evidence to support your version of events and review the prosecution’s evidence for potential inconsistencies.

      If your case goes to a bench or jury trial, we can challenge the evidence the prosecutor introduces in their case or prepare a motion to suppress certain pieces of evidence or dismiss your charge. We can examine the breath test machine the police officer used in your case for potential technical problems and challenge other chemical testing in any manner possible.

      A DUI charge does not mean a conviction is inevitable. You need the right defense to protect yourself and your future.

  • Columbus drug

    • How Our Columbus Drug Crimes Lawyers Can Help

      In our experience as Columbus drug crime lawyers, we have found that these cases can be complex and challenging. Additionally, you may be facing the full weight and resources of the government, so you need a strong lawyer on your side who can advocate for you. We can help build a strong defense to the charges against you by taking appropriate actions such as:

      • Challenging the evidence against you – We may be able to argue that the drugs were not what they appeared to be, you had legal possession of them, or that a witness provided false testimony to challenge the evidence against you.
      • Filing motions to dismiss charges or suppress evidence – If drugs were obtained through an illegal search or other police misconduct, we can argue that the evidence should be suppressed. Depending on the circumstances, this could result in a dismissal of the charges against you.
      • Investigating possible defenses – We can investigate possible defenses to the charges against you, such as a witness providing false information against you because of a private vendetta, police entrapment, or lack of constructive possession of drugs.
      • Exploring alternatives to jail time – In appropriate cases, we may be able to advocate for you to join a treatment program rather than face incarceration. We can also negotiate a plea agreement in exchange for reducing or dismissing charges against you.

      Let us show how we are different when you call us for a free and confidential case review at (440) 771-1175.

    • Cases Our Columbus Drug Crimes Lawyers Handle

      Our Columbus drug crimes lawyers are equipped to handle the most serious drug crime cases in Ohio, including:

      • Possession of controlled substances (2925.11), including possession of marijuana, cocaine, prescription pills, or other drugs
      • Trafficking or aggravated trafficking in drugs (2925.03) for the sale of controlled substances.
      • Illegal manufacture of drugs, illegal cultivation of marijuana or methamphetamine (2925.04), which penalizes the growing of marijuana or the production of meth
      • Illegal assembly or possession of chemicals for the manufacture of drugs (2925.041), which penalizes making schedule I or II controlled substances or possessing one or more chemicals to make illegal drugs
      • Illegal administration or distribution of anabolic steroids (2925.06), which may include the acts of Injecting or providing steroids to anyone or selling steroids
      • Possession of controlled substances (2925.11) for purchasing or possessing a controlled substance
      • Possessing drug paraphernalia, marijuana drug paraphernalia, or drug abuse instruments (2925.14), (2925.141) or (2925.12), which penalizes the possession of items or tools used to use or hold drugs
      • Criminal forfeiture of property relating to felony drug abuse offense (2925.42), which can result in taking away property that is associated with illegal drug activity

      Our Columbus criminal defense attorneys aggressively defend all federal or state drug charges.

  • Columbus DV

    • How Our Lawyers Can Help with Your Domestic Violence Case

      When you are facing serious criminal charges, it is essential that you work with a lawyer who can employ effective strategies to defend you. The legal team at Patituce & Associates, LLC can provide you with the support and guidance you need during this ordeal. Our Columbus domestic violence defense attorneys lawyers can help by:

      • Investigating the circumstances surrounding the alleged assault – We know that domestic violence charges are often made after an alleged victim makes a false allegation or exaggeration. The other party may be trying to get a leg up on a child custody case or seeking revenge for something that went wrong in a romantic relationship. We will seek to uncover the reasons for such false allegations.
      • Thoroughly investigating the case – We will look for objective evidence to establish things happened as you reported by examining the physical evidence, looking for photos or videos of the event, or speaking to potential witnesses.
      • Providing you with an objective perspective about your case prospects – At Patituce & Associates, LLC, our Columbus criminal defense attorneys know how important it is that you receive practical legal advice and an honest assessment of your case. We can explain your legal rights and options so you can make informed decisions about how to proceed with your case.
      • Representing you during plea negotiations – We can help you honestly evaluate any plea bargains and discuss the potential consequences, good and bad, of accepting a plea deal. We will focus on protecting your future.
      • Representing you at trial – If your case goes to trial, we will zealously represent you in this forum.

      Don’t leave your future up to chance. Work with a reputable lawyer who knows how to win.

    • How Does Ohio Define Domestic Violence?

      Ohio law defines domestic violence as any of the following to a family or household member:

      • Knowingly causing or attempting to cause them physical harm
      • Recklessly causing serious physical harm to them
      • Making threats of force to knowingly cause them to believe you will cause them imminent physical harm
    • Household or Family Member

      The terms household and family member have specific meanings. These are any of the following individuals who live or have lived with you:

      • Your spouse
      • A person living as a spouse
      • Your ex-spouse
      • Your parent
      • Foster parent
      • Your child
      • Someone related to you by blood or marriage
      • Your spouse’s parent, child, person living as a spouse, former spouse, or person related to your spouse by blood or marriage

      The definition also includes a person with whom you share a co-parenting relationship.

    • Protection Orders

      In addition to potential criminal consequences, domestic violence allegations can result in a protection order against you, which can seriously impact your life. If the court grants their request, the order can contain limiting language that affects you, including orders to:

      • Not go to their home, school, or place of employment
      • Relinquish possession of a shared residence to them
      • Relinquish possession of firearms or ammunition
      • Not abuse or commit any sexually-oriented offense against them
      • Not take or hide their companion animal
      • Limit their contact with children they share in common

      The protective order will be ordered temporarily. However, it can become permanent after the criminal case is complete or a permanent protection order is granted.

    • Can the “Victim” Drop the Charges?

      Once a criminal case is initiated, it is out of the victim’s hands. The prosecutor has a duty to uphold the laws of the state and to seek justice for the good of society. Therefore, the victim does not have the authority to drop charges once they’ve been filed. Nonetheless, the prosecutor may consider whether they have a winnable case if the victim is not cooperating.

    • Potential Penalties for Ohio Domestic Violence Crimes

      The potential penalties you can face for an Ohio domestic violence offense depend on the circumstances and whether you have any prior domestic violence history. Here are some of the potential penalties based on cases our firm often handles:

      First Offense Involving Threats to Use Physical Force

      A first offense involving only threats and the actual or attempted use of force is a second-degree misdemeanor. The maximum penalty is 30 days in jail and a $250 fine.

      First Offense Involving Physical Harm or the Attempt to Cause Harm

      A first offense involving physical harm or an attempt to cause physical harm is a first-degree misdemeanor in Ohio. This offense can result in up to six months in jail and five years of probation. The defendant can also be ordered to pay court costs and a fine of up to $1,000.

      Domestic violence convictions are not eligible for expunction.

      Subsequent Domestic Violence Offense

      Beyond the first conviction, the offense can be classified as a felony resulting in up to eight years in prison. A conviction of this nature can prevent the defendant from working in certain lines of work.

      First Violation of a Protective Order

      The first violation of a protective order is a first-degree misdemeanor, which can result in up to six months behind bars and $1,000 in fines.

      Second or Subsequent Violation of a Protective Order

      A second or subsequent violation of a protective order is a fifth-degree felony, punishable by up to one-year imprisonment and up to $2,500 in fines.

  • Columbus assault

    • How Our Columbus Assault Defense Lawyers Can Help

      Our Columbus assault defense lawyers are ready to help you by:

      • Investigating the circumstances surrounding the alleged assault
      • Identifying possible motives for the complainant to exaggerate or fabricate claims
      • Ensuring you understand your legal rights from the beginning of your case
      • Identifying all available defenses
      • Getting to understand you and how the events occurred

      When you hire Patituce & Associates, LLC, you know you have a strong advocate on your side who will fight to protect your rights.

    • Types of Assault Cases Our Columbus Assault Defense Lawyers Handle

      Our Columbus assault defense lawyers handle various types of assault cases, including:

      Simple Assault (2903.13)

      Simple assault is the act of knowingly or recklessly causing or attempting to cause physical harm to another person or their unborn child in Ohio. This crime is charged when there are not any aggravating factors to elevate it to a more serious offense. This crime is considered a first-degree misdemeanor in Ohio, which carries a maximum sentence of six months in jail and a fine of $1,000.

      Aggravated Assault (O.R.C. 2903.12)

      Aggravated assault can be charged when a person knowingly causes or attempts to cause serious physical harm to another person or their unborn child by using a deadly weapon or dangerous ordnance. This offense is charged as a fourth-degree felony in Ohio, which carries a potential prison sentence of between 18 months and six years, along with up to $5,000 in fines.

      Negligent Assault (O.R.C. 2903.14)

      Negligent assault occurs when a person negligently uses a deadly weapon or dangerous ordnance that causes physical harm to another person or their unborn child. This offense is considered a third-degree misdemeanor in Ohio, which carries up to 60 days in jail and a fine of up to $500.

      Felonious Assault (O.R.C. 2903.11)

      As explained above, assault is usually charged as a misdemeanor offense. However, there are factors that can elevate assault to the more serious crime of felonious assault, including:

      • Knowingly causing serious physical harm to another – Knowingly doing something is a more culpable mental state than recklessly or negligently doing it. Because of this, a person who knowingly causes serious physical harm to another can face felony charges.
      • Knowingly using a deadly weapon or dangerous ordnance – Likewise, a person who knowingly uses a deadly weapon like a gun or explosive can result in serious felonious assault charges.
      • Knowingly transmitting AIDS – Under Ohio law, it is also considered a felonious fault when someone who knows they have AIDS engages in sexual acts with another person that can lead to transmission of the disease without letting their sexual partner know of their status or with someone under 18 years old or with a mental incapacity that prevents them from understanding the person has AIDS.

      Felonious assault is often charged as a second-degree felony, which carries a maximum sentence of 12 years imprisonment and a fine of up to $15,000. The sentence can be up to 16 and a half years and a fine up to $20,000 if the offense is charged as a first-degree felony, such as if the victim is a law enforcement official.

      If a vehicle was the deadly weapon to commit the assault, the defendant can lose their driving privileges for anywhere from three years to life, in addition to other penalties.

      Menacing (O.R.C. 2903.22)

      Menacing refers to the act of knowingly causing a person to feel a threat of physical harm, damage to their property, or harm to their family. This offense is considered a fourth-degree misdemeanor and carries a potential sentence of 70 days in jail and a fine of $250.

      Aggravated menacing can be charged under the same circumstances but when serious physical harm is threatened. This offense is considered a first-degree misdemeanor, carrying a maximum six-month jail sentence and a fine of $1,000.

      Meanwhile, aggravated menacing by stalking involves a defendant who knowingly engages in a pattern of conduct that causes the victim to believe they will experience physical harm. This offense is also considered a first-degree misdemeanor and carries a maximum six-month jail sentence and a fine of $1,000.

      Vehicular Assault (O.R.C. 2903.08)

      Vehicular assault charges can apply when a person causes serious injury to another person by doing any of the following:

      • Driving recklessly
      • Violating certain traffic laws
      • Driving under the influence of drugs or alcohol
      • Injuring someone in a construction zone because of reckless driving or speeding

      Vehicular assault is a fourth-degree felony in Ohio, with a maximum sentence of up to 18 months imprisonment and a loss of driving privileges for five years.

      Aggravated Vehicular Assault (O.R.C. 2903.08)

      Vehicular assault charges can apply when a person causes serious physical harm to another person by any of the same acts as contemplated for regular vehicular assault. This more serious offense can result in imprisonment up to five years and a loss of driving privileges for ten years.

      Vehicular Manslaughter (O.R.C. 2903.06)

      If the defendant was committing a minor misdemeanor traffic offense and caused the death of another person, they can be charged with vehicular manslaughter, which carries a maximum sentence of 90 days and a license suspension of up to three years.

  • Columbus CD

    • Types of Cases Our Columbus Criminal Defense Lawyers Handle

      Our Columbus criminal defense lawyers are equipped to handle the most complex and serious of criminal cases, including:

      When your life, freedom, and reputation are at stake, it is crucial that you choose a criminal defense lawyer who can aggressively protect your rights at every stage of the case. At Patituce & Associates, we make a difference in our clients’ lives by eliminating or mitigating criminal consequences. We have over a 95% success rate at trial, so you can trust you’re in good hands when you hire our firm. See how our Columbus criminal defense firm can help you by calling (440) 771-1175.

    • How Our Columbus Criminal Defense Lawyers Can Help

      Our Columbus criminal defense lawyers fight to protect our client’s rights at every stage of the case. We can expertly guide you through every phase of the case including:

      Pre-Arrest

      You might not think about hiring a criminal defense lawyer until after you’re arrested, but this is a mistake. Involving a criminal defense lawyer as early in the process as possible may help charges from being filed against you or from you making mistakes that could irreparably damage your case.

      We have successfully prevented charges from being filed against our clients, protecting their freedom and reputation. We strive to dismantle the district attorney’s or United States Attorney’s case before you face formal charges, showing that there is insufficient evidence to support a compelling evidence finding.

      During this stage in the case, we can:

      • Challenge any evidence against you
      • Represent you during pre-arrest interviews
      • Prevent you from making any incriminating statements against yourself
      • Respond on your behalf to official written inquiries
      • Manage any interactions with law enforcement

      Discovery

      Discovery is the formal process of exchanging information during the litigation process. In a criminal case, this involves the exchange of information from both parties to learn what evidence they have to present in court.

      Our experienced lawyers understand how critical the discovery process is to the eventual outcome of a case. We can thoroughly investigate the facts of the case, gather evidence to establish your defense, and interview potential witnesses for or against you. At Patituce & Associates, LLC, we go a step beyond many of our peers by visiting the crime scene and:

      • Investigating the circumstances surrounding the alleged crime
      • Identifying possible motives for false allegations or false identification against you
      • Demanding the government produce all evidence it plans to use against you and any evidence it has that may prove your innocence
      • Identifying all available defenses and compiling evidence to support them
      • Reviewing discovery to determine if any evidence could be suppressed
      • Determining if we should challenge the validity or credibility of the prosecution’s evidence
      • Searching for additional evidence, such as surveillance footage or witnesses who did not cooperate with law enforcement’s investigation
      • Using a private investigator to gather additional evidence, when appropriate

      Learn what makes us different when you today for a free and confidential consultation.

      Motions

      Many lawyers underestimate the importance of legal motions. However, motions can effectively get evidence against you suppressed, criminal charges dismissed, or evidence limited to use against you. Unscrupulous law enforcement officers may be attempting to frame you or may have broken fundamental rules that protect justice in our society. Some of the arguments we may be able to make in support of these legal motions include:

      • The officer did not have reasonable suspicion to commence the traffic stop that led to your arrest
      • The officer did not have probable cause to arrest you
      • Law enforcement committed an illegal and unconstitutional search or seizure
      • Law enforcement did not administer roadside sobriety or breath tests properly
      • Lab technicians mishandled evidence so the evidence is no longer credible
      • A healthcare provider did not withdraw blood, DNA, or other genetic matter properly
      • Evidence is irrelevant or unfairly prejudiced

      We can thoroughly investigate the circumstances surrounding your arrest and the ensuing investigation to determine all potential arguments. We have an extensive and in-depth understanding of the law, which we will put to use to make the most effective legal arguments in your favor.

      Plea Bargain Negotiating

      As we demonstrate how prepared we are to take your case to trial or win motions that can affect the outcome of the case, prosecutors often come to see us as formidable opponents. If a complete dismissal of the case is not possible, a favorable plea bargain in which charges are reduced against you or lighter sentences are imposed may be offered.

      Sometimes, plea bargains are in the best interests of a defendant facing criminal charges. However, they may not be right in all cases. You can trust the criminal defense lawyers at Patituce & Associates, LLC to provide you with an honest assessment of your case and the possible outcomes. We can discuss the pros and cons of taking a plea bargain and make an honest recommendation about what we believe is in your best interests.

      Some of the advantages of taking a plea bargain include:

      • Finality – A plea bargain can help end the case so you don’t have to worry about the outcome or the type of sentence you might receive. This can let you move on with your life.
      • Faster – A plea bargain can allow you to skip the lengthy trial process so you can get on with your life and have minimal disruption to your life.
      • Certainty – If you accept a plea bargain, you will know the outcome. A judge or jury could rule against you and impose harsh penalties, which you might be able to avoid with a favorable plea bargain.
      • Reduced charges – In exchange for not requiring the prosecutor to prepare for a trial and pleading guilty to criminal charges, you may be able to have charges against you reduced, such as being charged with a misdemeanor instead of a felony or being charged with fewer crimes.
      • Lighter sentence – You might be able to spend less time in jail or prison with a plea bargain.
      • Privacy – By avoiding a trial, you may be able to prevent embarrassing or damaging information about you introduced in a public forum.

      While these are notable advantages, taking a plea bargain can have drawbacks, too, such as:

      • Waiving of rights – When you accept a plea agreement, you waive important rights, including the right to confront your accuser, the right to a fair trial, and the right to hold the prosecution to its burden of proof. You effectively waive these rights with a guilty plea.
      • Pleading guilty – You must plead guilty to receive a plea agreement. If you are innocent of the charges or there is a plausible legal defense, you may not want to publicly declare guilt.
      • Criminal record – Even if your charges are reduced, you will still be convicted of a crime. A criminal record can follow you around for years, affecting job opportunities, housing, and your reputation.
      • Lose chance of acquittal – The prosecution has a high burden to meet in order to convict you. The prosecution’s case against you might be weak or problematic. An experienced lawyer may be able to achieve a full acquittal on your behalf. If you accept a plea bargain, you lose this opportunity.

      Your lawyer will counsel you on the possible consequences of each of your choices so that you can make an informed decision about how you want to proceed with your case. We are available to answer your questions and ensure you understand your legal rights and options at each turn.

      Litigation

      Litigation refers to the legal process that begins when a client is charged until acquittal or sentencing. There are several strategic approaches that our lawyers can make to strive for the best possible outcome.

      Your legal team will work to zealously represent your interests at all times. We can help build a strong defense on your behalf and counter the prosecution’s case against you. By carefully analyzing evidence that may be raised against you, cross-examining witnesses in court, or filing legal motions that hold the other side to the letter of the law, we can fulfill our duty to provide a zealous legal representation to you.

      As part of the litigation process, we will research relevant caselaw, determine appropriate defenses to raise on your behalf, identify weaknesses in the prosecution’s legal theory of the case, and file appropriate motions. Whether or not you decide to go to trial, this important work will help to strengthen your case.

      Trial

      If you ultimately decide to take your case to trial, you can rest assured that we will do everything possible to defend your freedom, including:

      • Interrogating any potential jurors for possible bias and challenging their right to be on the jury
      • Making persuasive legal arguments
      • Cross-examining witnesses against you
      • Challenging the evidence against you
      • Holding the prosecution to its high burden of proof beyond a reasonable doubt
      • Presenting evidence and witnesses on your behalf
    • What to Look for in a Columbus Criminal Defense Lawyer

      We know that our Columbus criminal defense lawyers are not your only option for criminal defense. Whomever you choose to hire should have the following characteristics:

      • Experience – Any criminal defense lawyer you choose should have experience in criminal law and with the particular type of charge you are facing.
      • Knowledge – Your lawyer may know of persuasive legal theories and cases that they can use to advance your interests.
      • Skill – It is imperative you only hire a lawyer who has the necessary skill to properly represent you. When the charges are serious, you need someone to mount a serious defense on your behalf.
      • Honesty – A lawyer should tell you the truth about the case against you and the potential outcome. At Patituce & Associates, LLC, we always give it to our clients straight.
      • Approachability – An in-person consultation can help you get to know your lawyer better and see what it might be like to work with them. No reputable attorney will guarantee results. However, they should be able to tell you the steps they can take to protect your rights. Patituce & Associates, LLC offers a free consultation so you have the chance to get to know us better.
      • A willingness to go to court – Some attorneys take criminal cases and plead them all out. Our Ohio criminal defense lawyers don’t think this is in our client’s best interests. We take a personalized approach to each case and ensure our clients know all their options.
      • Results – Any lawyer you consult at the beginning of your case should be willing to discuss their results with you. If they’re not, this is a red flag that they might not have the best results. The Patituce & Associates, LLC is proud to announce that we have a greater than 95% success rate at trial.
    • Principles Our Columbus Criminal Defense Lawyers Uphold

      At Patituce & Associates, LLC, we hold certain legal principles sacred, including:

      • You have the right to remain silent.
      • You have the right not to bear witness against yourself.
      • You have the right to hold the prosecution to their high burden of proof.
      • You have the right to confront your accuser.
      • You have the right to a fair trial.
      • You have the right to due process.

      We fight tirelessly on behalf of all of our clients to uphold these principles.

  • CLEVE traffic

    • Types of Ohio Traffic Cases We Handle

      Although you have several options to pay your traffic ticket without going to court to challenge the citation, doing so can be detrimental in the long run. Simply paying the fine is similar to admitting guilt, which means you may be subject to points on your driver’s license and higher insurance premiums. You also give up your right to defend yourself in court.

      Instead of immediately paying your fine, consult with our traffic ticket lawyers in Cleveland, OH to learn about your legal options. In some cases, fighting a citation can result in a clean driving record, minimized fines, and the ability to maintain driving privileges. Our team knows the ins and outs of traffic court and can defend you.

      • Speeding tickets: Under O.R.C. 4511.21, it is unlawful for a driver to operate a vehicle at a speed greater than is reasonable for the road conditions or in excess of the posted limit.
      • Texting while driving citations: O.R.C. 4511.204 provides that any person who operates a vehicle on a public road while using a handheld electronic device to write, send, or read texts may be charged with a minor misdemeanor. Some exceptions to the law exist, such as when the driver used the device for emergency purposes.
      • Running a red light/stop sign tickets: According to to O.R.C. 4511.12, drivers must obey all traffic control devices. For their first offense, violators may be charged with a minor misdemeanor. A second offense may lead to a fourth-degree misdemeanor charge. And a third or subsequent offense is a third-degree misdemeanor.
      • CDL holders/truckers citations: If a commercial driver’s license holder is found guilty of violating a traffic law while operating a private or commercial vehicle, their CDL may be disqualified. The length of disqualification can range from 60 days to live, and no CDL privileges are allowed during this time.
      • Insurance lapses: Under O.R.C. 4509.01, drivers must maintain valid insurance on vehicles they operate. The law requires that drivers have liability insurance of at least $25,000 for bodily injury or death to one person, at least $50,000 for bodily injury or death of two or more people, and at least $25,000 for property damage. Motorists who do not have proof of insurance can lose their driver’s license and their plates and registration.
      • Occupational licenses: If a person’s driver’s license has been suspended, they may apply for an occupational license. If the court grants it, the individual will have limited driving privileges for getting to and from work, school, doctor’s appointments, driver’s license exams, and court-ordered treatment. Failing to adhere to the conditions of the occupational license can result in an unclassified misdemeanor charge.
    • How Can A Traffic Ticket Lawyer In Cleveland Help You?

      If you have gotten a traffic ticket, you may be wondering how a traffic ticket lawyer can help you.Here are five ways a traffic ticket lawyer can help you:

      1. A traffic ticket lawyer can help you understand the charges against you.
      2. A traffic ticket lawyer can help you determine if there are any defenses to the charges.
      3. A traffic ticket lawyer can negotiate with the prosecutor on your behalf.
      4. A traffic ticket lawyer can represent you at trial, if necessary.
      5. A traffic ticket lawyer can help you appeal your conviction, if necessary.

      If you have gotten a traffic ticket, contact our traffic ticket lawyers in Cleveland to schedule a free consultation and discuss your case.

  • Cincinnati judicial

    • Who’s Eligible to Seek Judicial Release?

      If you are serving at least one non-mandatory prison sentence, you may be eligible to file a motion for judicial release. If you have a mandatory sentence on top of the non-mandatory one, you must complete the mandatory terms before you can seek a reduction.

      Unfortunately, if you have only a mandatory prison sentence, you are not eligible for judicial release.

    • How Do I Apply for Judicial Release?

      To seek early release from prison, you must file a motion with the court that imposed your sentence. You must include a memorandum that explains to the court why you believe you should be granted this relief. This is the most important part of your request, as it lets the judge know what you learned from your time in prison, what programs and treatments you’ve completed, and how you have been rehabilitated.

      When you can file a motion for judicial release depends on how far along you are in your sentence.

      The time periods for filing a motion are as follows:

      • Prison term of less than 2 years: any time after imprisonment
      • Prison term of at least 2 years but less than 5: 180 days after imprisonment
      • Prison term of exactly 5 years: 4 years after imprisonment
      • Prison term of more than 5 years but not more than 10: 5 years after imprisonment
      • Prison term of more than 10 years: after serving half of the sentence

      If you have both a mandatory and non-mandatory prison sentence, the clock starts ticking for your filing period after you’ve completed your mandatory term.

    • What Happens After Filing a Motion?

      After you file your motion for judicial release, a couple of different things can happen. The court may deny your motion without scheduling a hearing, or it will schedule a hearing to get further information before making a decision.

      If you’re scheduled for a hearing, you, your post-conviction relief attorney, and anyone else with an interest in your case may have the opportunity to be heard by the judge. If the judge denies your motion, you will not be able to file another motion for judicial release.

      If your motion is granted, your prison sentence will be reduced. After your release, the remaining balance of your term will be suspended, and you will be required to be under supervision (community control) for 1 to 5 years. If you successfully meet the conditions, your suspended sentence will be eliminated. However, if you violate community control, you may be reincarcerated for the rest of your sentence.

  • Cincinnati habeas

    • What Is a Writ of Habeas Corpus?

      A writ of habeas corpus is an order from a court demanding that the official detaining you provide sufficient legal grounds for your detention. The process is in place to prevent you from being unlawfully detained and ensure that your rights have not been violated.

      If a judge determines that the person restraining your liberties has done so illegally, you may be released from imprisonment.

    • What’s the Habeas Corpus Process?

      The process for seeking post-conviction relief through habeas corpus begins with submitting a petition to the court. When filing, you must state who has imprisoned you and where you are being imprisoned. You must also be in custody at the time your petition is submitted and have pursued all other legal avenues for release.

      When a judge hears the case, they may require that you, your attorney, and the official imprisoning you attend a hearing, which allows you to challenge your detention. During this process, you and the government may each present evidence as to why your imprisonment is either lawful or unlawful.

    • What Does Habeas Corpus Do?

      Habeas corpus is a test to determine whether or not your imprisonment is lawful. It is different from a direct appeal in that you are not seeking a review of your original trial or the sentence imposed; instead, you are asking the court to decide if the official detaining you has the legal authority to do so. Generally, you seek habeas corpus after you attempted to have the matter resolved through an appeal.

      It’s important to note that habeas corpus is not designed to determine whether you are guilty or innocent of an alleged offense; it is a way to challenge the legality of your imprisonment.

    • What Happens if I’m Released?
      If you are released because a judge determined that the official detaining you had no legal authority to do so, you cannot be imprisoned again for the same offense unless a lawful reason exists. In Ohio, if the person ordered to release you does not comply, they could be fined.
  • Cincinnati direct appeal

    • Grounds for an Appeal

      Whether you have been convicted of a federal or state crime, you have the right to appeal the decision. Although a direct appeal affords you the opportunity to challenge the outcome of your initial trial, it can’t be filed just because you are unhappy with the result. Your claim must be based on a legal error.

      Grounds for a direct appeal could include things such as:

      • Juror misconduct
      • Ineffective defense counsel
      • Insufficient evidence to establish guilt
      • Prosecutorial misconduct
      • Improper instructions given to jurors
    • Starting the Direct Appeal Process

      Time is of the essence when seeking a direct appeal. In Ohio, you have 30 days from the date of the final judgment to pursue this legal option. When you file, you must submit various forms to the trial court clerk to get the process started.

      The documents required for a direct appeal include:

      • Notice of appeal
      • Praecipe
      • Docketing statement
    • Review by Appellate Court Judges

      After you successfully submit your documents for a direct appeal, a panel of appellate judges will review your case. Note that, at this point, you are not granted a new trial. Rather, the judges will look at the legal reason you are seeking the appeal and examine the original court record. The court record is the information that was presented at the trial, such as the evidence and testimonies.

      Along with reviewing the court record, the appellate judges will look at the brief you and your attorney submitted. The brief is a written statement that presents your legal arguments for appeal, identifies where the error during your trial occurred, and points to relevant laws.

      In some cases, the appellate judges will hear oral arguments from both you and the appellee (the side arguing against your appeal). This gives you (and your lawyer) a chance to fully explain the arguments you made in your brief.

    • Potential Outcomes of a Direct Appeal

      After the appellate court reviews your case, it will make a judgment.

      The possible outcomes include:

      • Affirm: This means that the appellate judges did not find a legal error with your original trial and allows the decision and sentence to stand.
      • Modify: If the appellate court modifies the trial court’s decision, it will remedy certain parts of your trial that it deemed improper.
      • Reverse: A reversal means that the appellate judges agree with your argument that a legal error occurred, and your conviction may be vacated. The appellate court could either enter a new judgment or send the case back to the trial court with instructions for remedying the error.
  • Cincinnati clemency

    • What Is Clemency?
      Broadly speaking, clemency is a post-conviction relief option that, if granted, allows forgiveness for a criminal offense. Although the Parole Board reviews applications for clemency, the Governor makes the final decision as to whether or not to approve it.
    • Three Types of Clemency Exist:
      • Pardon: A pardon is a form of relief that forgives an individual of their guilt. If granted, some or all of the conviction sanctions imposed are absolved. However, a pardon does not restore rights or clear the offense from the individual’s criminal record.
      • Commutation: If a commutation is granted, the conviction penalties imposed on a person are reduced.
      • Reprieve: A reprieve is a stay of execution, which means the person’s sentence is postponed, allowing them time to seek other forms of relief for their conviction.
    • Who Can Apply for Clemency?

      Any person convicted of an offense in Ohio can apply for a pardon, commutation, or reprieve. Either the person seeking clemency or their legal representative must submit an application to the Adult Parole Authority.

      If a person has applied for clemency previously and was not granted relief, they must wait 2 years before filing again.

    • What’s the Clemency Process?

      In Ohio, the clemency process begins with the individual (or that person’s lawyer) submitting a written application to the Adult Parole Authority. It must be completed in full for it to be considered. If the agency receives an incomplete application, it will not review it and send it back to the applicant.

      After the Adult Parole Authority receives a completed application, the Parole Board will thoroughly review it along with other supporting documents and forms. In some cases, the Parole Board may schedule an interview with the applicant or will request that they complete a questionnaire. If it determines that the application needs to be reviewed further, it will schedule a hearing, allowing the applicant and their lawyer to present their case to the Board.

      After the Parole Board completes its examination, it will send a recommendation to the Governor as to whether or not the request for clemency should be granted. Ultimately, the Governor makes the final decision about approving or denying an applicant.

  • Cincinnati weapons

    • Enlist a Team Dedicated to Your Case

      Prosecutors will try to add a weapons charge anytime a firearm is present during a crime. Courts take the charges very seriously, which means that merely having a weapon can cause bias within a jury against a defendant. Patituce & Associates has a number of advantages when defending criminal charges, including:

      • Our attorneys formerly worked as prosecutors, and know the usual prosecution strategies.
      • We have over three decades of collective experience.
      • Taken over 200 cases to trial.
      • We have more time and resources to build a case than public defenders.

      Our Cincinnati weapons charge attorneys try to throw out the charge before the case ever goes to trial. Criminal charges should only address the relevant details, and merely having a weapon present at a crime scene does not automatically warrant a weapons charge.

    • Criminal Charges for Carrying a Concealed Weapon in Ohio

      While some people are licensed to carry concealed weapons in Ohio, most people are not. If an unlicensed person is caught while knowingly in the possession of a deadly weapon, he or she may be charged with a first-degree misdemeanor carrying a punishment of up to six months in jail and a fine of up to $1,000.

      If the firearm is loaded or it is discovered that ammunition is nearby, the charge is elevated to a fourth-degree felony punishable by up to 18 months in prison and a fine of up to $5,000. An individual may also face a fourth-degree charge if he or she has been charged with a weapons offense in the past.

  • Cincinnati theft

    • Why Choose Patituce & Associates as Your Cincinnati Theft Crime Lawyers

      Choosing legal representation is a pivotal decision when facing theft charges. At Patituce & Associates, our Cincinnati criminal defense attorneys offer a powerhouse defense forged from comprehensive experience, diverse expertise, and an unwavering dedication to our clients.

      Our firm’s robust framework is backed by over 70 years of combined legal experience. Our team is built of accomplished attorneys, many of whom are former prosecutors and are licensed to practice in four different states. With well over 200 cases taken to trial, we are well-versed in the intricate dance of the courtroom, as comfortable on the defense as some of us once were bringing cases for the prosecution.

      Our lead attorney is a Board Certified Criminal Trial Attorney, a recognition that testifies to our deep-rooted understanding and proficiency in criminal law. This level of knowledge sets us apart and ensures your case will be handled with the utmost skill and care.

      Our reputation is such that we are the firm other attorneys, the police, and even prosecutors turn to for advice and representation. This is a testament to our established standing within the legal community and our unwavering commitment to delivering a robust defense for Ohio residents.

      We understand that legal issues can arise at any time, which is why we are available 24/7 for our clients. Your peace of mind matters to us, and we strive to provide the support and answers you need when you need them.

      Additionally, we offer no-cost, confidential phone consultations, providing you with the opportunity to understand the strength of your case, assess your options, and choose a path forward without any financial obligation.

      At Patituce & Associates, you’re bringing on a team of powerhouse defense lawyers who will stand by your side, fight for your cause, and strive relentlessly for a favorable outcome. Trust us to navigate the complexities of your Cincinnati theft crime charges, guiding you toward a brighter future.

    • Understanding the Different Types of Theft Crimes in Cincinnati

      In Cincinnati and throughout Ohio, a broad range of activities can be classified as theft crimes. Classified under the Ohio Revised Code Section 2913, theft offenses can range from minor petty theft to more severe crimes like grand theft or theft in office. Understanding the different types of theft crimes can help you grasp the severity of the charges you’re facing.

      • Petty Theft: Petty theft is often attributed to the unauthorized taking of property valued under $1,000. Despite being considered a “minor” theft crime, an offender could still confront severe consequences, including jail time and hefty fines.
      • Grand Theft: When the value of the stolen property extends $1,000, the misdemeanor could escalate to a felony in the form of grand theft. The severity of charges also rises with the property value, reaching a felony of the first degree for properties over $1,500,000. The penalties for grand theft can include extended imprisonment sentences and substantial fines.
      • Theft in Office: This offense occurs when a public servant or party officer unlawfully takes possession of property that’s controlled by government or public entities. This type of theft is generally considered a felony, and the severity varies depending on the property value. It carries stiffer punishments due to the breach of public trust involved.

      Each of these charges carries its own set of implications and potential penalties, making the presence of experienced Cincinnati theft crime lawyers an essential asset in your corner. We can provide you with a strategic defense tailored to the specifics of your charges and circumstances.

    • Facts Involved in Theft Crime Cases

      An accusation is not synonymous with a conviction. In this difficulty, our Cincinnati theft crime lawyers stand ready to be your unwavering advocates. They are committed to defending your rights aggressively, leveraging their profound knowledge and experience to navigate you through the legal turmoil.

      No matter the circumstances, you are always better off with a practiced theft crime lawyer in Cincinnati. Many factors need to be investigated to determine where you stand, and our team knows exactly what to look for. Facts that should be examined in every theft crime charge include:

      • The actual value of the supposedly stolen goods
      • Evidence that the victim did not consent to relinquishing the items
      • If the accused knowingly took goods rightfully belonging to someone else
      • If the accused unknowingly obtained goods that were stolen

      Our firm is dedicated solely to defending individuals facing criminal charges. We put all our time and effort into creating a well-rounded, in-depth defense.

    • Theft Crime Cases That We Handle in Cincinnati

      The Ohio-based criminal defense attorneys at Patituce & Associates, LLC handle a variety of theft crime cases, and we have a successful track record in defending clients against various charges. Whether you have been charged with a misdemeanor or felony theft crime, we can help. Below are some of the theft crime cases we represent:

      • O.R.C. 2913.02: Theft
      • O.R.C. 2913.03: Unauthorized use of a vehicle
      • O.R.C. 2913.041: Possession or sale of an unauthorized cable television device
      • O.R.C. 2913.05: Telecommunications fraud
      • O.R.C. 2913.06: Unlawful use of telecommunications device
      • O.R.C. 2913.07: Motion picture piracy
      • O.R.C. 2913.11: Passing bad checks
      • O.R.C. 2913.21: Misuse of credit cards
      • O.R.C. 2913.32: Criminal simulation
      • O.R.C. 2913.33: Making or using slugs
      • O.R.C. 2913.34: Trademark counterfeiting
      • O.R.C. 2913.40: Medicaid fraud
      • O.R.C. 2913.41: Defrauding a rental agency or hostelry
      • O.R.C. 2913.42: Tampering with records
      • O.R.C. 2913.43: Securing writings by deception
      • O.R.C. 2913.44: Personating an office
      • O.R.C. 2913.441: Unlawful display of law enforcement emblem
      • O.R.C. 2913.45: Defrauding creditors
      • O.R.C. 2913.47: Insurance fraud
      • O.R.C. 2913.48: Workers’ compensation fraud
      • O.R.C. 2913.49: Identity fraud
      • O.R.C. 2913.51: Receiving stolen property
      • O.R.C. 2913.61: Finding of the value of stolen property as part of a verdict
      • O.R.C. 2913.71: Felony of fifth degree regardless of the value of the property
      • O.R.C. 2913.04: Unauthorized use of property – computer, cable, or telecommunication property
      • O.R.C. 2913.421: Illegally transmitting multiple commercial electronic mail messages (spamming)
      • O.R.C. 2913.31: Forging identification cards or selling or distributing forged identification cards

      If you are facing a theft crime charge, our lawyers can provide legal guidance and create a defense strategy tailored to your specific circumstances. We understand the seriousness of these charges. We are committed to protecting your rights and achieving the best possible outcome in your case.

    • Penalties for Theft Crimes in Ohio

      After being arrested on suspicion of theft in Ohio, it is crucial to understand the potential consequences that you may face if convicted. These crimes are typically charged based on the value of the stolen property, with penalties increasing as the value of stolen goods rises.

      • If you are charged with theft of property valued under $1,000, you could face a first-degree misdemeanor charge, carrying a sentence of up to six months and a $1,000 fine.
      • A fifth-degree felony charge could be imposed for goods valued between $1,000 and $7,500, with a possible sentence of six months to one year and a $2,500 fine.
      • For property valued between $7,500 and $149,000, a fourth-degree felony charge could result in a sentence of six to 18 months plus a $5,000 fine.
      • Theft of property valued between $150,000 and $749,000 could lead to a third-degree felony charge, punishable by up to five years in prison plus a $10,000 fine.
      • If the stolen goods are worth between $750,000 and $1,500,000, you may face a second-degree felony charge punishable by two to eight years in prison and a $15,000 fine.
      • If you are convicted of stealing more than $1.5 million, you will face a first-degree felony charge punishable by up to 10 years in prison and a $20,000 fine.
    • How Our Theft Crime Lawyers Approach Your Case

      At Patituce & Associates, we recognize each case’s unique complexity and approach it with a tailored strategy that keeps your best interests at the forefront.

      We begin with an in-depth consultation to understand your case entirely. We explore all aspects involved, identifying potential strengths and weak points in the prosecution’s case. We consider the immediate charges and any underlying circumstances that might influence the outcome.

      Our legal team then meticulously builds your defense strategy, utilizing their extensive understanding of Cincinnati’s legal system and Ohio theft laws to challenge the charges effectively. We aim not just to counteract the prosecution’s case but to dismantle it, reducing the risk of severe outcomes.

      Open communication is a cornerstone of our firm. We ensure you’re comprehensively informed and actively involved in your case. We encourage questions, offer clear answers, and provide regular updates.

      Navigating a theft crime charge doesn’t have to be an overwhelming, solitary endeavor. With Patituce & Associates, you’ll find a team of committed theft crime lawyers eager to stand by your side, championing your rights and striving tirelessly for a favorable outcome.

    • We Know How the Opposition Thinks

      At Patituce & Associates, our attorneys have practiced as prosecutors in the past. Our Cincinnati criminal defense lawyers have built cases against people charged with criminal theft and know the strategies and methods the prosecution uses to convince a jury. Consequently, we have solid tactics to defend our clients’ character. This is not the same experience you are likely to find in a public defender or even an average defense lawyer in the area.

      The opposition will be coming down hard, citing the high fines and years of jail time you could be facing if found guilty. You need a knowledgeable attorney on your side who can give you a realistic idea of potential sentences and help you determine the best outcome possible. We have worked both sides of the court long enough to know what kind of situation you’re in.

  • Cincinnati rape

    • Cincinnati Rape Laws and Penalties

      In Ohio, rape is a serious criminal charge that carries severe penalties. The state defines rape as engaging in sexual conduct with someone who is not your spouse, or with your spouse if living separately, under certain conditions:

      • The accused uses an intoxicant or substance to substantially impair the other person’s judgment or control.
      • The alleged victim is less than 13 years old.
      • The alleged victim is unable to fully consent or resist due to a mental or physical condition or advanced age.
      • The accused purposefully compels the other person by force or threat of force.

      If you are convicted of rape in Cincinnati, you can face severe penalties, including lengthy jail sentences, fines and restitution, and mandatory registration as a sex offender. You can also face significant social stigma and damage to your reputation. You can struggle to find a place to live or work, and your relationships with loved ones may become strained.

    • How to Defend Against Rape Charges in Ohio

      If you are facing rape charges in Ohio, it is crucial to remember that you have the right to defend yourself. The Cincinnati criminal defense attorneys at Patituce & Associates, LLC can help you develop a tailored strategy to fight against these charges and convince the court to either reduce the charges against you or dismiss them completely.

      Possible defenses to an Ohio rape charge may include:

      • Consent: Your attorney may argue that the sexual activity was consensual and that there was no force, threat, or deception involved.
      • Lack of Evidence: The prosecution must prove its case beyond a reasonable doubt, and if there is a lack of evidence, your defense attorney can use this to your advantage.
      • False Accusations: Unfortunately, false accusations of rape are not uncommon. Your attorney may be able to demonstrate that the alleged victim had the motive to lie, or that there is evidence contradicting his or her account.
      • Mistaken Identity: In some cases, the accused may be mistaken for someone else. Your attorney can work to prove that you were not the person who committed the alleged crime.
      • Improper Police Conduct: If the police violated your rights or mishandled evidence during the investigation, your attorney can argue that any evidence gathered as a result of this conduct should be excluded from the trial.
  • Cincinnati murder

    • Ohio Murder and Manslaughter Laws

      In Ohio, a homicide occurs when one person kills another, regardless of intent or other factors involved in the crime.

      Murder is the most serious type of homicide crime. Felony murder occurs when one person causes a death while committing certain violent felonies, such as arson, rape, kidnapping, or robbery. Aggravated murder, also called first-degree murder, is the intentional or planned homicide of another person or unborn fetus.

      Voluntary manslaughter occurs when one person intentionally kills another but acted out of passion or rage. Involuntary manslaughter occurs when one person unintentionally kills another while committing or attempting to commit a misdemeanor or a felony, aside from those that qualify as murder.

    • Penalties for a Murder Conviction in Cincinnati
      A murder conviction in Cincinnati can lead to severe and life-changing consequences such as life imprisonment for first-degree murder, and prison sentences ranging from 15 years to life for other offenses. The death penalty may also be levied for certain aggravated murder charges. Additionally, defendants may be ordered to pay significant fines as part of their sentence.
    • First-Rate Defense for Murder and Manslaughter Charges

      When facing murder or manslaughter charges, you can feel scared and overwhelmed. These charges carry hefty penalties that can dramatically alter the rest of your life.

      At Patituce & Associates, LLC, our Cincinnati criminal defense lawyers understand the importance of a first-rate defense in these serious cases. We will thoroughly investigate the evidence, examine the circumstances of the crime, and work to build a strong defense on your behalf.

      Our attorneys can support your case in several ways, including:

      • Providing legal expertise and knowledge of the criminal justice system
      • Assisting with pre-trial preparations, including gathering evidence, reviewing police reports, and interviewing witnesses
      • Developing a tailored defense strategy to fight for your rights and protect your future
      • Explaining the charges and potential consequences, including the possibility of a lengthy prison sentence
      • Providing guidance and support throughout the legal process, including navigating court procedures and dealing with the prosecutor’s office
      • Negotiating with prosecutors for a plea deal, if appropriate, to reduce charges or minimize sentencing
      • Defending your case in court and presenting a strong case to a jury, including cross-examining witnesses and presenting expert testimony
      • Providing emotional support and counsel during a difficult and stressful time
  • Cincinnati fraud

    • What Counts as Fraud in Ohio?

      Ohio law defines fraud as the intentional deception or misrepresentation of information for personal gain. Making false or misleading representations, withholding information, preventing someone from acquiring information, or any other activity that creates, confirms, or perpetuates a false impression of another person could constitute fraud.

      Examples of actions that could be considered fraud include:

      • Providing false information on a loan application
      • Misrepresenting your income on your taxes
      • Billing Medicare or Medicaid for services that were not provided
      • Falsifying insurance claims
      • Using someone else’s credit card without his or her permission
      • Creating a fake investment opportunity to obtain funds from investors
    • Consequences of a Fraud Conviction

      The consequences of a fraud conviction in Ohio can be severe and life-altering. Depending on the specifics of your case, you could be facing steep fines, restitution, and even imprisonment. If you are convicted, you can face the following penalties based on the value of the stolen property:

      • The theft of property valued between $1,000 to $7,499 is a fifth-degree felony and punishable by six to 12 months in prison, plus a fine of up to $2,500.
      • The theft of property valued between $7,500 to $149,999 is a fourth-degree felony and punishable by six to 18 months in prison, plus a fine of up to $5,000.
      • The theft of property valued between $150,000 to $749,999 is a third-degree felony and punishable by nine to 36 months in prison, plus a fine of up to $10,000.
      • The theft of property valued between $750,000 to $1,499,999 is a second-degree felony and punishable by two to eight years in prison and a fine of up to $15,000.
      • The theft of property valued over $1,500,000 is a first-degree felony and is punishable by three to 11 years in prison and a fine of up to $20,000.
    • Why You Need an Attorney to Represent Your Fraud Case

      Navigating a fraud case can be overwhelming, as it involves complex legal and financial issues that require the expertise of an experienced attorney. Fraud charges can carry serious consequences, such as fines and imprisonment, and can have long-lasting impacts on your personal and professional life.

      In these situations, you need an attorney on your side. A Cincinnati criminal defense lawyer can help you navigate the legal system, build a strong defense, and protect your rights. With his or her knowledge and experience, your attorney can help you explore all available options and work to achieve the most favorable outcome in your case.

  • Cincinnati embezzlement

    • Ohio Embezzlement Laws

      Under Ohio law, embezzlement is defined as a property crime that involves a breach of trust. This crime happens when an individual has legal control over someone else’s assets, but he or she does not own them. If that individual uses those assets for his or her own benefit, he or she has committed embezzlement.

      Embezzlement can occur in several ways, such as:

      • Taking property without the owner’s consent
      • Using the owner’s property beyond the scope of the individual’s authorized actions
      • Using deception
      • Using intimidation or threat
    • Penalties for Embezzlement in Ohio

      As a type of theft crime, the punishment for embezzlement in Ohio depends on the value of the property involved:

      • The theft of property at less than $1,000 is a first-degree misdemeanor and punishable by up to six months in jail, plus a fine of up to $1,000
      • The theft of property valued between $1,000 to $7,499 is a fifth-degree felony and punishable by six to 12 months in prison, plus a fine of up to $2,500
      • The theft of property valued between $7,500 to $149,999 is a fourth-degree felony and punishable by six to 18 months in prison, plus a fine of up to $5,000
      • The theft of property valued between $150,000 to $749,999 is a third-degree felony and punishable by nine to 36 months in prison, plus a fine of up to $10,000
      • The theft of property valued between $750,000 to $1,499,999 is a second-degree felony and punishable by two to eight years in prison and a fine of up to $15,000
      • The theft of property valued over $1,500,000 is a first-degree felony and punishable by three to 11 years in prison and a fine of up to $20,000
    • Embezzlement is a serious offense that can result in severe penalties and long-lasting consequences, including a permanent criminal record and damage to your reputation. In these situations, you need a knowledgeable, experienced attorney who can protect your rights and advocate for your best interests.

      At Patituce & Associates, LLC, we have extensive experience defending clients against embezzlement charges. Our Cincinnati criminal defense attorneys will work tirelessly to protect your rights and develop a personalized defense strategy to help achieve the best possible outcome in your case.

  • Cincinnati DUI

    • What Defenses Can Be Raised if I’m Accused of a DUI in Ohio?

      Just because you have been arrested or pulled over on suspicion of operating a vehicle intoxicated or impaired does not mean you are automatically guilty.

      Patituce & Associates is a law office with a team of seasoned DUI lawyers in Cincinnati who will stand up for your rights during every phase of your case.

      Some of the defenses to an OVI charge in Ohio include:

      • Lack of reasonable suspicion for the traffic stop
      • Insufficient evidence to require the defendant to take field sobriety tests (wrongful removal could lead to any evidence obtained after this point being dismissed)
      • Incorrect field sobriety testing due to lack of training, qualifications, or instructions
      • Inaccurate breath, blood, or urine samples due to poor calibration, errors in the process, etc.
    • Helping Clients Get Favorable Results in DUI / OVI Cases

      After being arrested for OVI, clients want to know how much a DUI / OVI defense will cost and what we can do to make it go away.

      No attorney can promise you certain results. However, you can judge the skill of a firm by their past results. Our Cincinnati criminal defense attorneys have an impressive history of getting cases dismissed.

      Getting acquittals and cases dismissed is difficult to do, and our team has the skill and determination to follow through until we get positive results.

    • Ohio DUI Laws

      In Ohio, DUI, also known as OVI (operating a vehicle under the influence), is a serious offense. A person can be charged with a DUI for operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher.

      A person can also be charged in the state of Ohio with OVI for driving while impaired by drugs, alcohol, or a combination of both to an extent that adversely affects and impairs the driver’s actions, reactions, or mental processes.

      Ohio also has an impaired driving law that applies specifically to underage drivers. This Ohio law states that it is illegal for drivers under the age of 21 to operate a vehicle with a BAC of 0.02% or higher.

      A DUI conviction in Ohio can result in serious consequences, including fines, license suspension, and even jail time.

      In these situations, it is important to seek the advice of a Cincinnati DUI attorney who can help you understand the criminal charges against you and navigate the legal process.

    • Penalties for OVI in Ohio

      For adults over the age of 21, the legal alcohol limit in Ohio is 0.08% BAC. If you are pulled over or stopped by a police officer and found to have a BAC level that exceeds the limit, or the amount of alcohol in your system is enough to cause impairment, you could face serious penalties for driving under the influence.

      DUI penalties are extremely serious, including:

      • First OVI – Several days in jail, an alcohol abuse program, and over a thousand dollars in fines
      • Second OVI – Between 10 days and 6 months in jail, house arrest, and/or alcohol monitoring. Fines may reach up to $1,625.
      • Third OVI – Up to 1 year in jail, with a minimum of 60 days for BACs of .17% or above. Fines can be as high as $2,500, in addition to payment for an alcohol treatment program. The license may be lost for 2 – 10 years.
      • Fourth OVI – As much as 5 years behind bars and $10,000 in fines, as well as surrendering the car driven by the defendant. Permanent license suspension may also be enforced.

      If you have been charged with multiple OVI offenses in the past, you could be facing a felony OVI charge. This could result in increased penalties.

    • Ohio has implied consent laws that mandate anyone driving a vehicle in the state gives consent to submit to chemical testing to determine their BAC level.

      The testing could be a breathalyzer, blood test, or urine test, and it must be administered at the request of a law enforcement officer who has reasonable grounds to believe the person is driving under the influence of drugs or alcohol.

      If you are pulled over on suspicion of DUI in Cincinnati, it is important to comply with the officer’s orders and submit to the breath, blood, or urine test.

      Failure to do so can result in serious consequences, even if you were not drinking and driving.

      Refusing to take the chemical test is considered a violation of Ohio’s implied consent law and results in an administrative license suspension.

      The length of the suspension depends on whether the driver has prior refusals or OVI convictions.

    • What to Do After a Cincinnati DUI Arrest

      If you have been arrested for a DUI in Cincinnati, it is important to remain calm and take several important steps to protect yourself and your future case.

      First, do not talk to the police. It is never a good idea to speak with the police without your lawyer present. If the police ask you to talk about your DUI arrest, you should decline and ask to speak with your lawyer.

      Next, consult with a Cincinnati DUI attorney right away. A DUI case can be complicated, and an attorney can help answer your questions, explain the potential penalties, and guide you through the legal process.

      Third, record all of the details you can remember about your arrest, including what you said to the police, how you first encountered the police, and any other relevant details.

      Finally, work with your lawyer to identify potential witnesses and gather any potential evidence that may help your case.

      For example, if you were at a restaurant or bar before your DUI arrest, you can request a copy of your bill or see if any security footage may help prove you were not under the influence while driving.

      While waiting for your case to go to court, remember to stay out of trouble and be patient. DUI cases can take a long time to resolve, but your attorney will work with you to provide important updates and develop a compelling defense strategy in your favor.

  • Cincinnati DUID

    • It’s a common misconception that driving under the influence charges only apply to those who are impaired by illegal drugs such as marijuana, heroin, or cocaine.

      However, even legal medications, available over-the-counter or by prescription, can lead to a DUID charge. These substances include antidepressants, decongestants, sleeping pills, pain medications, antihistamines, and even seemingly harmless cough medicines.

      While these medications are legal and commonly used for many medical conditions, they can impair your ability to drive safely. Symptoms may range from drowsiness and slowed reaction times to impaired judgment and difficulty concentrating.

      This is where the value of a DUID defense team comes into play, especially one as experienced as ours at Patituce & Associates, LLC. When you bring your case to us, our first step is to comprehensively evaluate every aspect of it, beginning with the reason the police pulled you over.

      The law requires that law enforcement have a valid reason for stopping you, and any error in this initial phase can serve as a defense. We also look at the procedures followed during your arrest and the subsequent drug tests conducted to determine their accuracy and validity.

      Understanding the pharmacology behind these medications and their interaction with drug tests is a big part of creating your defense.

      Not all drug tests are perfect. They can produce false positives and other substances or medical conditions can influence them.

      Our attorneys are well-versed in the science behind these tests and can often challenge their accuracy effectively. We can bring in expert witnesses who can testify on the limitations and potential inaccuracies of drug tests, adding weight to your defense.

      Whether questioning the validity of the drug tests, disputing the legality of the traffic stop, or bringing attention to any violations of your rights, we make it our mission to build the strongest possible defense possible for you.

      So, if you find yourself facing DUID charges due to impairment from legal medications, don’t lose hope. Legal medications can cause impairment, but we might find a strong legal defense. With our experience and a comprehensive approach, we work to protect your rights and secure the best possible outcome for your case.

    • Penalties for DUID in Ohio

      Depending on the number and severity of prior convictions, the penalties for DUID in Ohio can range from fines and license suspension to jail time and felony charges.

      Here are some of the possible consequences for a DUID in Ohio:

      • First offense: A first-time DUID is a misdemeanor that can result in three days to six months in jail, $375 to $1,075 in fines, and a license suspension of one to three years. If you had a blood alcohol content (BAC) of 0.17 percent or more, the penalties are increased to six days to one year in jail, $375 to $2,100 in fines, and a license suspension of three to seven years.
      • Second offense: A second DUID within ten years is also a misdemeanor that can result in ten days to one year in jail, $525 to $1,625 in fines, and a license suspension of one to seven years. If you had a BAC of 0.17 percent or more, the penalties are increased to 20 days to one year in jail, $525 to $2,650 in fines, and a license suspension of four to ten years.
      • Third offense: A third DUID within ten years is still a misdemeanor but with harsher penalties. You can face 30 days to one year in jail, $850 to $2,750 in fines, and a license suspension of two to 12 years. If you had a BAC of 0.17 percent or more, the penalties are increased to 60 days to one year in jail, $850 to $3,300 in fines, and a license suspension of five to 15 years.
      • Fourth offense: A fourth DUID within ten years is a felony that can result in 60 days to one year in jail, $1,350 to $10,500 in fines, and a license suspension of three years to life. If you had a BAC of 0.17 percent or more, the penalties are increased to 120 days to one year in jail, $1,350 to $10,500 in fines, and a license suspension of four years to life.

      These are just some of the possible penalties for a DUID in Ohio. Other factors can affect the outcome of each case, such as the type and amount of drugs involved and the presence of any aggravating factors.

    • In Ohio, the law deters impaired driving and helps law enforcement identify impaired drivers. One of the key aspects is the state’s implied consent laws.

      Under these regulations, if you operate a vehicle in Ohio, you are automatically considered to have given your consent to undergo chemical testing for drugs or alcohol if law enforcement suspects you of driving under the influence. This typically involves urine or blood tests administered to determine the presence of impairing substances in your system.

      It’s important to understand the implications of refusing such a test. A refusal can trigger immediate penalties, the most common of which is the suspension of your driver’s license. This suspension can happen even if you do not receive a DUID conviction. In some cases, refusing a chemical test might even lead to additional criminal charges.

      Immediately after complying, contact an experienced DUID defense attorney.

      At Patituce & Associates, LLC, our team can spring into action right away, beginning with an analysis of the situation surrounding your arrest and the administration of your chemical test. Can the police show probable cause for the stop? Did they follow the proper procedures during your arrest and testing? The answers can affect the outcome of your case, and our team is skilled at finding any irregularities that can work in your favor.

      Also, chemical tests themselves can fail. The time elapsed between your arrest and the test or the specific methods used in the testing can affect the results. Our attorneys are familiar with these tests and can challenge their validity or accuracy, potentially leading to a reduction or dismissal of your charges.

      So, if you find yourself facing a chemical test under Ohio’s implied consent laws, get in touch with our legal team at Patituce & Associates, LLC. We have the resources, experience, and dedication to guide you through the Ohio legal system and fight for your rights and future.

    • Why Hire Our Skilled DUID Defense Attorneys

      Trying to handle a DUID charge on your own can overwhelm you, so hire an attorney. Our Cincinnati DUID defense lawyers offer services that include:

      Years of Experience

      The attorneys at Patituce & Associates, LLC are well-versed in the science behind drug testing—a cornerstone in the prosecution’s case. Understanding how these tests work, from blood tests to urine tests, allows our attorneys to scrutinize the accuracy of the results. This technical knowledge can expose flaws in the prosecution’s evidence, potentially leading to reduced charges or even a complete dismissal of the case.

      Protecting Your Rights Throughout the Legal Process

      Never take your rights lightly, especially during legal proceedings. At Patituce & Associates, LLC, we monitor each step of the case—from the initial arrest to interactions with law enforcement and prosecutors—to uphold your rights. If we detect any violations, such as improper search and seizure or coercive interrogation techniques, we immediately act to challenge these irregularities.

      These legal mistakes can lead to the exclusion of evidence or even a full dismissal of your case. The focus here is to make sure everyone treats you fairly under the law, something that requires a deep understanding of legal procedures and constitutional rights.

      Conducting a Thorough Investigation

      A comprehensive investigation is one of the cornerstones of a strong defense strategy. Our legal team looks at every aspect of your arrest and the events leading up to it.

      Using a network of expert witnesses, from toxicologists to law enforcement professionals, we build a compelling defense on your behalf. Whether it’s questioning the calibration of drug-testing equipment or the legitimacy of the traffic stop that led to your arrest, our lawyers use every available resource to challenge the prosecution’s narrative. Our approach will uncover any element that might benefit your case.

      Legal Negotiations

      A plea deal may serve your best interests. Our attorneys excel in legal negotiations and have a track record of successfully reducing or even dismissing charges through skillful dialogue with prosecutors.

      Depending on the specific circumstances of your case, a well-negotiated plea deal can result in lower penalties, like reduced jail time, lower fines, or alternative sentencing options like drug treatment programs. The goal is to minimize the impact of the charge on your life, and our lawyers can advise you when a negotiation offers the best path forward.

      Offering Strong Court Representation

      If your case proceeds to trial, our lawyers know how to present your case persuasively before a judge or a jury. Using a combination of factual evidence, expert testimony, and legal precedents, we can cast doubt on the prosecution’s case, advocating for your acquittal.

      We prepare exhaustively for each trial, developing a tailored strategy to challenge the charges against you. From the opening statement to the final arguments, our legal representation will highlight the weaknesses in the prosecution’s case to avoid a conviction whenever possible.

      When facing a DUID charge, Patituce & Associates, LLC, brings a multifaceted approach to your defense, combining experience, vigilance, comprehensive investigation, negotiation skills, and strong court representation to protect your rights and your future.

    • What to Do Post-DUID Arrest in Cincinnati

      The moments following a DUID arrest can unsettle and confuse you. However, your actions during this critical time can affect the outcome of your case.

      Remain silent. When arrested, you have the constitutional right not to incriminate yourself. Anything you say the police can, and likely will, use against you in court. Simply inform the arresting officer that you wish to exercise your right to remain silent and avoid answering any questions related to the case.

      Next, invoke your right to legal representation. Even if law enforcement officials offer you the opportunity to explain your side of the story, wait until your attorney comes to represent you. Legal professionals understand the law and can guide you through the process, so you don’t inadvertently harm your own case.

      Contact an attorney as soon as possible. Patituce & Associates, LLC is readily available for consultation in these situations, and your immediate call to us can set the groundwork for your defense strategy.

      Once you secure legal representation, speak honestly with your lawyer about all the circumstances surrounding your arrest. This includes any interactions you had with law enforcement, as well as any substances you took before the arrest.

      Complete transparency allows your attorney to build the strongest defense strategy possible, identifying any procedural errors or rights violations that can work in your favor.

      Lastly, while it may seem difficult, recall and document every detail about the incident as soon as possible. Memory can fade over time, and minor details that may not seem important in the heat of the moment can form crucial elements of your defense. Whether it’s an inconsistency in the officer’s conduct or a discrepancy in how they conducted sobriety tests, these details can challenge the prosecution’s case against you.

      By remaining silent, invoking your right to an attorney, being transparent with your legal team, and documenting every possible detail, you lay the groundwork for a strong defense.

      All these steps contribute to bettering your chances for a favorable outcome in what is undoubtedly a challenging and stressful time. Remember, an arrest is not a conviction, and with the right actions and legal guidance, there is hope for a positive resolution.

  • Cincinnati DV

    • Understanding Domestic Violence Cases in Cincinnati

      Domestic violence is an offense often intertwined with layers of complex emotions and coupled with severe potential consequences. In Ohio, understanding the specifics of domestic violence goes beyond acknowledging the abuse. As per the Ohio Revised Code (O.R.C) Section 2919.25, domestic violence is defined as knowingly causing or attempting to cause physical harm to a family or household member or recklessly causing serious harm to them.

      The spectrum of domestic violence is broad and can envelope a wide-ranging list of behaviors. This might include physical abuse such as hitting, shoving, or harmful restraint. However, the charges classified under domestic violence are not confined merely to physical transgressions. Emotional abuse that involves intimidation, threats, and purposeful infliction of emotional distress forms a considerable part of domestic violence incidents in Cincinnati and Ohio at large.

      The Cincinnati police department and the Ohio justice system expend considerable effort to prevent and punish instances of domestic violence. Charges of domestic violence are taken seriously, with the enforcement of immediate protection orders as stipulated under O.R.C Section 2919.26, which serves to guard victims from their abusers.

      While the primary goal of the legal system is to ensure the safety and well-being of victims, it is also necessary to remember that false accusations of domestic violence do occur. In such situations, the accused is thrown into a tumultuous whirlwind of social stigma, legal complications, and personal distress. Regardless of the circumstances surrounding your incident, enlisting the services of a seasoned Cincinnati domestic violence attorney is a decisive factor in your journey toward justice.

    • Penalties for Domestic Violence in Ohio

      Ohio law treats any form of domestic violence with stern severity, and a conviction can drastically alter the course of your life. The penalties for a domestic violence conviction vary depending on whether it’s a first-time offense or if the accused has prior convictions.

      Most domestic violence charges begin as a misdemeanor. In some cases, they could become a felony if you have a certain previous criminal history already established. If you are in the military or serve as a police officer, a conviction of domestic violence will end your career. A domestic violence misdemeanor can be brought on by something as small as a scratch.

      Penalties for misdemeanor charges include:

      • A maximum of 6 months in jail
      • Significant fines
      • Costs of going to court
      • A maximum of 5 years probation in addition to time in jail

      In addition to these penalties, the convicted may never be able to possess a firearm, never be able to have the charge expunged, and may have to be subject to a civil protection order. The severity of domestic violence charges escalates according to the number of prior charges that a defendant has.

      However, a subsequent offense or one involving physical harm can substantially elevate the penalties imposed, and a second charge of domestic violence is considered a felony.

      Cases that involve minor children, weapons, or severe injuries can also escalate the offense to a felony. In the case of a fourth-degree felony, penalties can include up to 18 months in prison and substantial fines.

      Penalties are not the only consequences you may face when convicted of domestic violence. A protective order could affect your living arrangements and restrict your rights of property access, custody, or visitation. A conviction can also have profound effects on your future endeavors, impacting future employment, college admissions, and housing applications. Worst of all, the social stigma attached to a domestic violence conviction can affect your relationships and social standing in profound ways.

      The relentless fight against these severe repercussions justifies the need for a knowledgeable Cincinnati domestic violence attorney. Having an experienced attorney by your side can arm you with a robust defense, fighting tirelessly to preserve your rights and freedoms while minimizing the potential legal consequences.

    • What a Cincinnati Domestic Violence Attorney Can Do For You

      Facing a domestic violence charge can be an intimidating experience. This experience can become exponentially more overwhelming when considering the complexities of the legal system and its implications for your future. A seasoned Cincinnati domestic violence attorney can stand as your ally, defending your rights and helping you navigate through this tumultuous journey.

      Your attorney can advise you at every critical juncture of your case. Starting from the initial police interviews, where every comment made can profoundly impact the direction of your case, to scrutinizing the evidence and challenging the prosecution’s narrative, the guidance of an experienced attorney is instrumental.

      An attorney well-versed in domestic violence cases will dedicate time to understanding your unique situation entirely — exploring every detail, no matter how minute it may seem, to construct a robust defense strategy. This investigation might include speaking with witnesses, examining police reports, and challenging the prosecution’s evidence.

      Furthermore, your attorney can represent you efficiently in court. This experience extends to presenting persuasive arguments, cross-examining witnesses, and protecting your rights ardently, helping ensure that your side of the story is heard and understood. They’re also effective negotiators, mitigating potential ramifications through plea deals when applicable.

      In the volatile circumstances that a domestic violence case often entails, the guidance of a Cincinnati domestic violence attorney can serve as the steadying force you need. With our deeply experienced attorneys at your side, you can confront these charges with the confidence that your rights are being staunchly defended.

    • Our Approach to Domestic Violence Cases

      At our firm, we acknowledge the profound gravity and complexity of domestic violence cases and are committed to offering compassionate and competent legal representation to our clients. Our approach to each case combines diligent investigation, strategic planning, and tenacious advocacy.

      Our attorneys will then strategize, leveraging their deep understanding of Cincinnati’s legal landscape and domestic violence laws under Ohio statutes. This strategic plan is tailored uniquely to your situation, focusing on highlighting the strengths of your case and countering the prosecution’s allegations.

      We are resolute in our commitment to our clients, ensuring confidentiality, understanding, and relentless representation throughout the legal process. We respect the sensitivity of these cases and strive to maintain open, clear communication to help alleviate your worries and answer any questions you might have.

      Facing a domestic violence charge can feel like standing against a tidal wave. In these challenging times, you can trust us to stand by your side, to fight for your rights, and to work tirelessly towards the most favorable outcome.

    • Our Proven Track Record in Domestic Violence Cases

      Our firm’s ethos is rooted in our relentless pursuit of successful client outcomes, regardless of the complexities inherent to the case. Here are some notable case results where our legal services were instrumental to the client outcomes:

      • In one case, our client was charged with domestic violence, facing a misdemeanor of the first degree under Ohio law. A conviction could have resulted in up to six months in jail, loss of employment, and an incapacity to provide for their family. The prosecution proposed a plea to an assault count. However, we decided to take the case to trial, a decision that proved fortuitous when our client was found not guilty.
      • In another instance, our client was accused of felonious assault, a second-degree felony under Ohio law. A conviction could have led to between two and eight years in prison and severe personal consequences, including loss of job, an inability to support the family, and reputational impact. We presented a staunch defense at trial, leading to an acquittal and a jury finding that our client acted in self-defense.
      • In a particularly challenging case, our client was accused of the rape of a stepchild. Charges involving sexual offenses carry profound social stigmatization and substantial legal implications. However, our firm got all sex counts dismissed, and the client received probation, ensuring a future devoid of the heavy ramifications of an unfounded conviction.

      These case results are representative of our firm’s commitment to protecting our clients’ rights and freedoms. Our Cincinnati domestic violence attorneys strive tirelessly to present an effective defense, putting our extensive knowledge and experience of Ohio’s legal system to good use, and achieving the most favorable outcomes.

    • What Are Potential Defense Strategies in a Domestic Violence Case?

      Every domestic violence case is unique, and the defense strategies must be tailored to your specific circumstances. Some potential defense strategies include:

      • Claiming self-defense if you reasonably believed you were in immediate danger of physical harm and responded with an appropriate level of force.
      • Providing evidence of a false accusation. Regrettably, false accusations of domestic violence can occur, often during heated child custody disputes or separations.
      • Challenging the sufficiency and legality of the prosecution’s evidence. If their evidence is inadequate or unlawfully obtained, it may get dismissed, weakening their case.
    • How Is a Restraining Order or Protection Order Handled in Domestic Violence Cases?
      Under Ohio law, a victim of domestic violence can request a protection order that restricts the alleged abuser’s actions. This could mean limiting contact with the victim, relinquishing firearms, or temporarily losing custody of children. Violations of these orders carry severe consequences, so it’s crucial to understand and adhere to them fully.
    • What Are the Consequences of Violating a Restraining Order or Protection Order in a Domestic Violence Case?
      Violating a protection order in Ohio is regarded as a serious offense. Disregarding the terms stipulated in the order, such as contacting the protected person, entering their residence, or not respecting custody orders, could lead to serious penalties. These may range from fines to jail time and could escalate the domestic violence charges you’re facing.
    • How can a Domestic Violence Charge or Conviction Affect Child Custody or Visitation Rights in Ohio?
      In Ohio, one of the most significant factors courts consider when determining child custody is the best interest of the child. A domestic violence charge or conviction can heavily weigh against the best interests criterion. Courts may hesitate to award custody to a parent with a history of violence. They may view it as a risk to the child’s safety. In severe conditions, the parent might lose custody entirely or only be allowed supervised visitation.
  • Cincinnati BUI

    • Why Choose Patituce & Associates?

      With over 70 years of combined experience, our team at Patituce & Associates stands out as a leading choice for BUI defense in Cincinnati. We have a deep understanding of both Ohio laws and BUI cases. Our firm boasts a remarkable track record, having successfully taken more than 200 cases to trial. Our attorneys, including former prosecutors, bring a unique perspective to each case, allowing us to strategize effectively against the challenges you face.

      Our Cincinnati office is conveniently located at 212 W. 8th St., Suite 300, near the Fountain Square and Taft Theatre.

    • Local BUI Incidents in Cincinnati

      The Ohio River offers a picturesque setting for recreational activities. However, the popularity of boating here also brings a heightened risk of BUI incidents. This is not just limited to the Ohio River but extends to other local water bodies like East Fork Lake, a common spot for leisurely water activities. Unfortunately, these areas, known for their recreational appeal, also become the settings for BUI cases.

      Each water body has its own characteristics and regulations, which can affect a BUI case. For instance, the Ohio River, straddling multiple states, may involve complex jurisdictional issues that we must take into account in our defense strategy.

      Our familiarity with these waterways and their unique aspects enables us to create more effective defense strategies. We understand the specific challenges and opportunities that cases from these areas present. By understanding the local boating culture, enforcement practices, and the specific laws applicable to each waterway, we are better equipped to handle BUI cases arising in Cincinnati’s waters.

      Whether it’s a case involving a peaceful day on East Fork Lake that took an unexpected turn or an incident on the Ohio River, we bring a depth of local knowledge to each case.

    • Understanding Ohio’s Boating Under the Influence Laws

      In Ohio, the laws governing Boating Under the Influence are designed to ensure safety on waterways, much like the laws for driving on roads. The Ohio Revised Code (O.R.C.) Chapter 1547 sets clear rules for operating watercraft and related activities. It specifically prohibits operating or being in physical control of any vessel that’s underway or manipulating water skis, aquaplanes, or similar devices while under the influence of alcohol or drugs. This law aims to prevent accidents and ensure the safety of all individuals on Ohio’s water bodies.

      Additionally, Ohio’s BUI law specifically addresses the operation of watercraft when under the influence of certain controlled substances, including cocaine, marijuana, amphetamines, and other drugs.

      The BUI laws in Ohio share similarities with the state’s driving laws, particularly in terms of the legal limits for impairment. For instance, just as it’s illegal to drive a vehicle with a blood alcohol content (BAC) of 0.08 percent or higher, the same limit applies to boating under the influence. This means that if you’re operating a boat and your BAC is 0.08 percent or more, you’re considered to be boating under the influence, similar to driving a car.

      However, there are notable differences between boating and driving laws in Ohio. One key difference is the requirement for a license. Unless you are using a boat for commercial purposes, such as transporting goods or towing, you don’t need a specific license to operate a boat. However, for individuals born after January 1, 1982, operating a watercraft with a motor greater than ten horsepower requires certain prerequisites. These individuals must complete and pass a recognized safe boating course. If stopped on the water, they must also show proof of this – their exam and course completion certificate – to law enforcement officers.

      The enforcement of BUI laws also has unique aspects. Law enforcement officers can randomly stop your boat to conduct a safety inspection without needing a warrant or any suspicion of law violation. This is different from vehicle stops on the road, where some level of suspicion is generally necessary. During these safety inspections, officers can conduct sobriety checks, looking for signs of BUI.

      It’s important to note that the authority to perform inspections specifically for BUI is limited to Coast Guard officers, not state, county, or city marine patrol officers.

      Unlike driving laws, there is no automatic suspension of licenses upon a BUI conviction. Since a boating license isn’t necessary for non-commercial boating in Ohio, there’s no license to suspend. Also, a BUI conviction won’t affect your automobile driving privileges. This distinction highlights the different approaches the law takes in handling offenses on the road versus those on waterways.

    • BUI Regulations for Stationary Watercraft in Ohio

      In Ohio, the regulations surrounding Boating Under the Influence extend beyond just driving a boat in motion. Many people wonder if they can avoid a BUI charge by simply anchoring their boat in a secluded spot, away from other watercraft, to enjoy a few drinks while fishing or relaxing. However, the law’s view on this matter is quite clear and strict.

      Under Ohio law, being in control of a boat while under the influence of alcohol or drugs is considered a BUI offense, regardless of whether the boat is moving or stationary. This means that even if you anchor your boat in a peaceful area, far from other vessels, and engage in activities like fishing, you are still legally operating the watercraft. Therefore, if you are under the influence in this scenario, you are at risk of being charged with a BUI.

      The rationale behind this aspect of the law is rooted in safety concerns. Statistics and studies have consistently shown that alcohol consumption is a significant factor in various boating accidents, including collisions with other boats, stationary objects, and tragic incidents like drowning. The law aims to prevent such accidents by ensuring that anyone in control of a watercraft is sober and capable of responding effectively in case of emergencies or sudden hazards.

      The law does not prohibit the consumption of alcohol on a boat. You are legally allowed to drink on a boat, provided you are not the one operating it. The key point is the operation of the boat while under the influence, which is where the law draws a firm line. Even if your boat is anchored, if you’re the operator and you’re under the influence, you are not in compliance with Ohio’s BUI laws.

    • Common BUI Consequences

      When someone in Ohio is found guilty of BUI, they face specific punishments set by the state’s laws. A BUI is classified as a first-degree misdemeanor, carrying a maximum jail sentence of up to six months. This means if you are convicted of a BUI, you can potentially spend half a year in jail. Along with jail time, there’s also a financial penalty involved. The fines for a BUI conviction can vary, but they are a definite part of the sentencing.

      One interesting aspect of the Ohio BUI law is the provision for attending a driver intervention program. Instead of serving the minimum mandatory three days in jail, you might have the option to participate in a certified driver intervention program. This can be an alternative to jail time, focusing more on education and rehabilitation.

      However, the situation changes if the BUI offense falls under the jurisdiction of the Coast Guard. You might face a civil penalty proceeding rather than a criminal court case in such cases. This type of proceeding is distinct because it doesn’t offer the same protections typically available to criminal defendants. The maximum penalty in these federal civil proceedings is a significant fine, which can be as high as $7,000.

      While Ohio law doesn’t call for a boating license suspension following a BUI conviction, there are other ways your boating activities can be restricted. For instance, if you’re arrested for a BUI and refuse to take a chemical test, the Ohio Department of Natural Resources has the authority to prevent you from registering or operating a watercraft for a period that can extend up to one year.

      The fines for a first-time BUI offense start at a minimum of $150. However, if you’re convicted of a second BUI within six years following your first offense, the law mandates a jail sentence of at least ten days. Repeat offenders also face a minimum fine of $150, although the actual amount is likely to be higher given the seriousness of reoffending.

    • Facing a BUI charge in Cincinnati can lead you into unfamiliar territory regarding legal procedures. Understanding the steps involved can help alleviate some of the uncertainty.

      After being arrested on a BUI charge, the first step involves booking and detention, where you’ll remain until your court hearing or upon posting bail.

      Your initial court appearance is known as the arraignment. During this session, the judge or magistrate will detail the charges against you and ask for your plea. This stage sets the tone for the rest of the legal process.

      Following the arraignment is the preliminary hearing. Here, the prosecution will present evidence to establish probable cause for the charge. This stage allows for the possibility of filing a motion to suppress evidence, potentially excluding certain pieces of evidence from being used against you.

      If your case advances to trial, the outcome will be a verdict of either guilty or not guilty. Should the verdict be guilty, the judge will set a sentencing hearing date. However, if you find yourself on the unfavorable end of a trial verdict, you can file an appeal, challenging the trial’s outcome, especially if you face jail time.

      The criminal defense attorneys at Patituce & Associates, LLC guide our clients through each phase of this process. We cover everything from ensuring compliance with court requirements and handling the necessary paperwork to preparing strategically for each stage of the case. With our assistance, the BUI legal process becomes a more structured and less overwhelming experience.

    • Selecting the Ideal Cincinnati BUI Attorney for Your Defense

      When faced with a BUI charge in Cincinnati, finding the right attorney is the step in mounting a strong defense. The attorney you choose can significantly influence the outcome of your case. With countless legal professionals available, making this choice might seem overwhelming. Here are some considerations to help you in your selection process.

      First and foremost, prioritize finding an attorney with substantial experience in handling BUI cases. An attorney with a proven track record in successfully defending BUI charges will likely understand the specific legal strategies needed for such cases.

      Another key factor is the level of personal attention the attorney is willing to provide. Your case requires careful handling, and you need an attorney who will dedicate the necessary time and resources to understand every detail of your situation. This personalized approach ensures that the defense strategy is tailored to the specifics of your case.

      Effective communication is another aspect to consider. Your attorney should be readily accessible to address your concerns, answer your questions, and keep you updated on the progress of your case. Clear and consistent communication will help you stay informed and ease the stress of the legal process.

      The attorney’s reputation in the legal community is also an important consideration. Research their standing among peers and read reviews from past clients. This will give you insights into their professionalism, effectiveness, and the quality of service they provide.

      Lastly, choose an attorney with whom you feel comfortable. This compatibility fosters a trusting attorney-client relationship. You need to be confident that your attorney is committed to defending your rights and advocating for your best interests.

      Evaluating these factors will guide you in choosing the right Cincinnati BUI attorney, ensuring you have skilled and dedicated legal representation for your defense.

    • What to Do After a BUI Incident
      If you’ve been charged with BUI, you must take immediate steps to protect your interests. This includes documenting everything about the incident, adhering to any treatment or legal advice, and keeping all relevant receipts and reports. Most importantly, bringing this information to a law firm like Patituce & Associates can significantly strengthen your case
  • Cincinnati assault

    • Why Choose Patituce & Associates as Your Cincinnati Assault Attorney?

      Amid life’s most challenging times, it is critical to have a legal team that carries both extensive knowledge and an unwavering commitment to your defense. At Patituce & Associates, we put our clients first, ensuring they receive experienced legal defense when faced with serious criminal allegations.

      Our Cincinnati criminal defense attorneys offer:

      • Experienced Legal Defense: With more than 70 years of combined experience, our team brings proven expertise in developing strong defense strategies. The former prosecutors on our team provide a unique insight into the thought processes of the prosecution, which helps us anticipate their arguments and counter them effectively.
      • Multi-State Licensed Practitioners: Our team includes attorneys licensed to practice in four different states, expanding the breadth of our legal knowledge and allowing us to bring a diverse range of legal perspectives to your case.
      • Accessibility: When you are embroiled in legal conflicts, know that we are here for you, 24/7, understanding the urgency that your situation requires. To make things easier for you, we offer no-cost, confidential phone consultations. We consider it crucial to understand your case thoroughly before moving forward.

      Navigating the intricacies of criminal charges, particularly complex assault charges, necessitates formidable legal support. At Patituce & Associates, we are ready and committed to stand for you, strategically and comprehensively, until the conclusion of your case.

    • Assault Charges in Ohio We Defend

      In the Ohio Revised Code, assault charges are divided into several categories, including:

      • Assault (O.R.C. 2903.13)– Assault is categorized as a first-degree misdemeanor. The nature of this charge encompasses harmful or offensive manipulation that results in bodily harm to another individual. If a person is convicted of this charge, they potentially confront a dual penalty configuration: a monetary fine amounting to but not beyond $1,000, paired with the possibility of incarceration, which may stretch up to six months.
      • Negligent Assault (O.R.C. 2903.14)– Negligent assault, according to Ohio law, is a third-degree misdemeanor that involves inflicting physical harm to another person by the negligent handling of a deadly weapon or dangerous ordnance. Consequently, this charge asserts that the harm caused was not intentional but occurred due to negligence.
      • Felonious Assault (O.R.C. 2903.11)– Felonious assault represents a more severe assault charge that inflicts serious physical harm. This form of assault often involves harmful actions that were knowingly enacted, including actions resulting in harm to another person’s unborn child or physical harm through means of a deadly weapon or dangerous ordnance. This assailment, due to the extensive potential injury and corresponding legal consequences, is classified as a felony assault.
      • Vehicular Assault (O.R.C. 2903.08) – Beyond standard assault, Ohio recognizes and differentiates offenses related to vehicular actions. Vehicular assault suggests a more severe criminal allegation. It is a fourth-degree felony that involves causing harm to another individual while operating a vehicle (typically in a reckless or intoxicated state). The severity of this violation corresponds to harsher penalties. An individual found guilty under this statute faces a potential prison term of up to 18 months. Likewise, their driving privileges can be revoked for a significant period, stretching up to five years.
      • Vehicular Manslaughter (O.R.C. 2903.06) – Another subset of vehicular offenses under Ohio law is vehicular manslaughter. This is defined as causing another’s death due to the negligent operation of a vehicle. This is considered a second-degree misdemeanor. The accused, upon conviction, can face penalties such as imprisonment of up to 90 days. Additionally, they may be slapped with a fine, not in excess of $750, and their license may be suspended for a stipulated duration of up to three years.
      • Menacing (O.R.C. 2903.22) – The term ‘menacing’, under O.R.C. 2903.22, involves instances when an individual knowingly causes another to believe harm will occur to them imminently, inciting fear. This stands as a fourth-degree misdemeanor in Ohio. When convicted, the person may serve a jail sentence not exceeding 30 days and may be required to pay a fine that cannot go beyond $250.

      We also represent clients accused of aggravated assault offenses, which can often carry much more severe penalties and consequences. Each of these cases results in considerable, burdensome ramifications. Hence, having a criminal defense attorney who understands the allegations at hand is pivotal in preparing a robust legal defense.

    • Is Assault a Felony in Ohio?

      Assault charges in Ohio vary from misdemeanors to felonies, depending on the specific circumstances and the severity of the alleged offense.

      Misdemeanor Assault

      In Ohio’s legal system, misdemeanors are divided into minor, fourth, third, second, and first-degree misdemeanors, with a first-degree misdemeanor deemed the most severe. In such cases, if convicted, the punishments can include jail time that extends to 6 months and financial penalties reaching as high as $1,000.

      Felony Assault

      When the severity and nature of an assault escalate, the charge can elevate from a misdemeanor to a felony. Felonious Assault (O.R.C. 2903.11) and Aggravated Assault (O.R.C. 2903.12) exemplify such felony charges.

      Felonious assault is considered a second-degree felony in Ohio law. This type of assault would involve an individual inflicting serious physical harm knowingly or using a deadly weapon. Penalties for second-degree felonies can range from 2 to 8 years in prison and a fine of up to $15,000.

      Aggravated assault, characterized as causing significant physical harm in an outburst provoked by the victim, is essentially a fourth-degree felony. Based on the five-degree felony scale Ohio uses — with the fifth degree being the least serious and the first degree being the most serious — a fourth-degree felony still carries substantial legal consequences. If found guilty, one could face up to 18 months in prison and fines of up to $5,000. Vehicular Assault and Vehicular Manslaughter also fall under felony classifications due to their serious potential harm and corresponding legal penalties.

      At Patituce & Associates, we are equipped to provide the informed, strategic legal representation needed to combat these charges effectively.

    • The Role of a Criminal Defense Attorney

      Facing criminal charges, particularly assault charges, can be an intimidating experience. If you’re facing allegations of violent crimes, it can be hard to comprehend the ins and outs of the legal processes. That’s why skilled legal representation is crucial from the moment you learn about the accusations.

      • Immediate & Proactive Defense: From the moment you retain the services of a defense lawyer, an immediate and proactive plan of defense is put into action. Lawyers meticulously review the allegations and study them in relation to Ohio assault laws. Your attorney will examine key aspects of your case, such as evidentiary details and potential legal missteps by law enforcement.
      • Pre-trial Investigation: Attorneys also conduct their pre-trial investigation. This involves gathering evidence, identifying and interviewing potential witnesses, and consulting with relevant professionals who can help challenge the prosecution’s evidence.
      • Legal Strategies: A criminal defense attorney designs strategies that challenge the prosecution’s case and raises a reasonable doubt in the minds of jurors. This could include presenting a compelling counter-narrative, highlighting procedural errors, and arguing for the dismissal or reduction of charges.
      • Negotiating Plea Bargains: If the evidence against a client is overwhelming, an attorney also serves as a negotiator by managing plea bargains with prosecutors. This could result in lesser charges or reduced sentencing.
      • Trial Representation: If your case proceeds to trial, your criminal defense lawyer will act as your advocate, arguing your case in court, cross-examining witnesses, and emphasizing any point that might create doubt about your guilt. Our law firm has a robust team of experienced trial lawyers who are ready to protect your interests.
      • Post-Trial Services: Post-trial, attorneys can also aid in services like appealing against convictions or facilitating services like probation.

      At Patituce & Associates, LLC, we understand that every case is unique, and therefore, our guidance and representation will be tailored to fit the specifics of your situation. Our Cincinnati criminal defense attorneys will stand by your side through this exhaustive process, ensuring you understand each step and championing your rights along the way.

    • The Process of Hiring Patituce & Associates

      Engaging our firm begins with an initial, no-cost, and confidential phone consultation. During this meeting, we endeavor to understand your situation, the charges against you, and your concerns in depth. It is vital for us to gather comprehensive background information to develop a robust defense strategy.

      Following the consultation, should you decide to engage our services, we will move forward to understanding your case specifics. That involves a detailed review of the charges, evaluating the evidence available, interviewing potential witnesses, and seeking out additional information that may strengthen your position.

      Our team, experienced in handling complex assault cases, is proficient in examining each detail’s intricacies, such as the circumstances of the arrest, potential violation of rights, the credibility of the evidence, and any potential witnesses’ reliability. This process allows us to identify weaknesses in the prosecution’s case and explore any viable defenses.

      Once we have formulated a strong legal strategy, we will guide you through the proceedings, ensuring you understand your legal rights and the possible outcomes at each stage. Whether the case leads to a plea bargain or a trial, we will represent your interests relentlessly.

      With Patituce & Associates, your case benefits from our wealth of cumulative experience, our tactical defense approach, and our unwavering commitment to preserving your rights and securing the best possible outcome.

  • Cincinnati CD

    • What Makes Patituce & Associates the Right Choice as Your Criminal Defense Lawyers in Cincinnati?

      You have many options to choose from when it comes to legal counsel and criminal law representation in Cincinnati.

      So what traits should you look for in the right attorney? Having a legal professional who can directly and clearly tell you how they will protect your rights is an important part of criminal defense representation.

      No false promises, no vague defense options—just simple truth that puts the client first.

      Whether you are facing a felony or a misdemeanor, Patituce & Associates has the resources, skills, and experience to help.

      Reasons Our Firm Can Benefit Your Case:

      • We’ve spent 70+ years in the legal profession
      • We’ve helped hundreds of clients and taken 200+ cases to trial
      • We are former prosecutors, so we know how to approach your case
      • We never charge for your first consultation — it’s completely free

      We encourage you to reach out to our firm to discuss your case. Our goal is to provide our clients with clarity, direction, and assurance.

    • Types of Criminal Defense Cases We Handle in Cincinnati
    • Crime Statistics in Cincinnati

      Cincinnati, Ohio’s third-largest city, sees a staggering number of criminal convictions yearly. Ranging from petty theft to internet sex crimes, the charges registered in Cincinnati are numerous. The most commonly reported crimes include:

      • Violent Crime: Roughly 28% of reported crimes in Cincinnati fall under this category, including assault, robbery, sex crimes, and homicide.
      • Property Crime: 63% of reported crimes involve the destruction of property, larceny, theft, burglary, breaking and entering, motor vehicle theft, and arson.
      • Financial Crime: Financial crimes may range from offenses such as ATM theft to large-scale operations involving embezzlement and blackmail. These constitute nearly 6% of reported charges in the Cincinnati area.

      No matter what you were charged with, you can be confident that just legal representation is only a click or a phone call away. As experienced local attorneys, we understand the types of criminal charges that our clients face and how these cases tend to unfold at both a regional and federal level.

    • There is Hope in Every Criminal Case

      We understand the worries that people have when they are up against the criminal justice system. No matter how challenging your situation may seem, there is hope.

      When you are facing criminal charges, finding the best lawyer in Cincinnati for you is vital to the outcome of your case.

      Our lead attorney is a board-certified criminal trial attorney who is trained to handle Ohio criminal charges. Additionally, each member of our team carries a profound understanding of criminal and Ohio state law. Just a brief discussion with a criminal attorney can make a significant difference in the outcome of your case.

      Take the first step towards safeguarding your future by reaching out to us. Fill out a quick online form or give us a call today.

    • We Handle State and Federal Criminal Cases

      Being charged with a criminal offense is a serious matter that requires immediate attention and knowledgeable legal representation.

      We handle a comprehensive range of state and federal criminal cases. Whether you are facing a misdemeanor or felony charge, the outcome of your case can profoundly impact your life, your freedom, and your future.

      With former felony-level prosecutors on staff, we have significant experience navigating all levels of criminal charges.

      We are unafraid to go to trial on serious charges in Ohio state courts, US Federal Courts, or the US Supreme Court.

      We know how to argue and defend a client in front of a judge and jury and represent defendants in even the most complex cases.

    • Common Defenses to Criminal Charges in Cincinnati

      Depending on the circumstances of your case, our firm will leverage several strategies to build a defense that’s as strong and impenetrable as a fortress.

      The following are some common defenses used to defend people in criminal cases.

      • Lack of Evidence: The prosecutor has the burden of proving beyond a reasonable doubt that the defendant is guilty of the crime. A defense attorney’s job is to hold the state to its burden of proof by actively identifying inconsistencies in the prosecutor’s case and creating reasonable doubt.
      • Actual Innocence: This defense involves claiming that the defendant is innocent of the charges against them. Each crime has elements that must be met. If even one element is missing, you can be found not guilty. This defense could occur in virtually any criminal case.
      • Authorization or Consent: This defense applies in certain criminal cases where the offense involves an act that happens against another person’s will or without their consent. For example, the attorney could present evidence that an alleged sex crime was actually consensual or that an alleged financial crime occurred with the proper authorization.
      • Constitutional Violations: The Fourth Amendment of the U.S. Constitution provides strict limitations on how the police carry out searches and seizures. Law enforcement officers need probable cause to conduct a search or an arrest. If the police cannot prove they had reasonable suspicion or probable cause, the court could rule that those searches, seizures, or traffic stops are illegal. If your attorney determines the police searched you illegally, we would file a motion to exclude all of the evidence resulting from the unlawful search.
      • Insanity: This defense involves admitting guilt but blaming insanity for committing the crime. It is an affirmative defense, meaning that the burden of proof rests on the defendant. This defense could see the defendant institutionalized if it is successful.
      • Duress: This defense involves committing a criminal act due to threats of force or violence from another person. You are typically not criminally liable if you are forced to commit a crime. While duress generally involves threats of violence, duress could also be the threat of exposing embarrassing personal information or causing financial harm.
      • Self-Defense or Defense of Others: Defending yourself from a violent attack is one of the most common defenses involving any violent crime, including assault or murder. You are allowed to defend yourself when threatened with violence or when you are attacked, although your belief that you are in danger must be reasonable.
      • Statute of Limitations: The statute of limitations is the deadline by which the state must file criminal charges. If the statute of limitation expires, the state cannot file that particular criminal charge against you. The statute of limitations varies depending on the crime.
      • Speedy Trial: Under the Sixth Amendment of the U.S. Constitution, you have the right to face trial without long, unnecessary delays. Typically, more than one year delay is enough to trigger a speedy trial violation.

      Your defenses will depend on the specific circumstances of the case and the evidence presented. Start building your defense by contacting the Cincinnati criminal defense law firm of Patituce & Associates today.

    • What to Do After You Are Arrested in Ohio

      After an arrest, taking certain steps to protect your rights and increase your chances of obtaining the best possible outcome is important.

      Stay Calm and Know Your Rights

      First, avoid the use of force, as resisting arrest can lead to additional charges and potential injuries. Instead, fight the charges in court rather than on the street.

      Once you’ve been arrested, you will be searched by the police, and any contraband or evidence will be seized, including your phone. Your photograph and fingerprints will also be taken, and there will be a record of the arrest.

      Every person who is arrested and questioned by police must be informed of their rights to remain silent and to have an attorney present.

      In these situations, do not say anything to the police or investigators and invoke your rights as soon as possible. It is usually best to say, “I wish to remain silent, and I would like to talk to a lawyer.”

      After invoking your rights, remain quiet, as even seemingly innocuous statements can be used against you in court.

      Prepare to Speak to Your Attorney

      You are entitled to a phone call after an arrest. Memorize the numbers of a few people to call in case of arrest, as the police may not let you use your cell phone to make calls.

      Keep in mind that many calls made from a police station or jail are recorded, except for those to your lawyer, so be mindful of everything that you say.

      Overall, the key to handling an arrest is to stay calm, invoke your rights, and seek legal representation as soon as possible.

      A criminal defense attorney in Cincinnati from Patituce & Associates, LLC can help guide you through the process and protect your rights during each stage of your case.

  • CANTON DUI

    • Potential Penalties for OVI

      The penalties for OVI are serious, and these cases are aggressively prosecuted. If you are convicted of OVI, you can face the following consequences:

      • First OVI – Up to six months in jail, and alcohol abuse program, and up to $1,075 in fines
      • Second OVI – Up to six months in jail, house arrest, and/or alcohol monitoring, and fines up to $1,625.
      • Third OVI – Up to one year in jail, with a minimum of 60 days for BACs of .17% or above, drug or alcohol program, installation of an ignition interlock device, a restricted license plates, and fines up to $2,500.
      • Fourth OVI – Up to 30 months behind bars, installation of an ignition interlock device, restricted license plates, and fines up to $10,000 in fines. Permanent license suspension may be enforced.

      The penalties can be even higher if you had a high BAC or a prior history of refusals.

    • We Help Clients Get Favorable Results in OVI Cases

      At Patituce & Associates, we dedicate about half of our caseload to OVI cases. This focus has allowed us to develop effective strategies to protect our clients’ rights and freedom. Some of the results we have achieved for our clients include:

      • Having criminal charges against them dismissed
      • Preserving their driving privileges at administrative hearings
      • Reducing OVI charges to a lesser offense
      • Having our clients acquitted at trial

      Our team has the skill and determination you can count on during this critical time in your life.

    • Possible Defenses We Might Raise in Your Case

      As experienced trial attorneys, we will look for every possible defense that we can raise on your behalf. Depending on the circumstances, defenses may include:

      • Police had no reasonable suspicion to support the traffic stop
      • Insufficient evidence existed for the law enforcement officer to conduct field sobriety tests
      • The law enforcement officer did not execute field sobriety tests according to accepted standards
      • Chain of custody was broken of your lab samples
      • Inaccurate breath, blood, or urine results occurred because of poor calibration or improper testing procedures
      • The defendant has a medical condition that affects the reading of a BAC in such a way that their BAC would have been lower at the time of driving
  • CANTON

    • Pre-Arrest Investigation

      Sometimes when clients are early in the process, we can take steps to prevent them from ever being arrested. You can act right away if you are being accused of a crime or believe that you are the subject of a criminal investigation.

      We can help you during this phase of your case by:

      • Representing you at any pre-arrest interviews
      • Responding to official written inquiries on your behalf
      • Protecting you from interactions with law enforcement
      • Reviewing the prosecution’s investigative packet and attacking it if it does not include compelling evidence

      Our pre-arrest investigations are aimed at dismantling the prosecution’s case before it results in any official criminal charges against you. We hope to prevent charges from ever being filed against you.

    • Litigation

      If charges are ultimately filed against you, we can provide zealous legal representation throughout the litigation process. This may involve:

      • Demanding the government produce all the evidence it intends to use against you
      • Researching relevant caselaw and other legal issues that might impact your case
      • Demanding any exculpatory evidence the prosecution has that weighs in your favor
      • Conducting an independent investigation, including hiring a private investigator when appropriate
      • Filing legal motions to protect your legal rights
      • Familiarizing ourselves with the facts of the case so that we can question the credibility of evidence and make appropriate legal arguments
      • Negotiating with the prosecutor to seek a favorable plea agreement on your behalf

      Our objective is to secure the best possible outcome for our client.

    • Trial

      If you decide to proceed to trial, you can count on our trial-tested lawyers to work diligently on your behalf. During this stage in the case we:

      • Interview potential jurors for biases
      • Present a compelling opening statement
      • Present evidence and witnesses
      • Cross-examine the prosecution’s witnesses
      • Question the credibility of the prosecution’s evidence or case
      • Challenge the evidence against you
      • Hold the prosecution to the high burden of proving guilt by proof beyond a reasonable doubt

      Our attorneys have handled more than 200 criminal trials, so you are in good hands whether you decide to take your case to trial or resolve it before trial.

  • BROOK PARK

    • Brook Park Mayor’s Court Information
      • Phone: (216) 433-7061
      • Hours of Operation: 9:00am – 4:00pm, Monday – Friday
      • Address: 6161 Engle Road, Brook Park, Ohio 44142

      Types of Cases Heard

      • Traffic Violations

      Misdemeanors, DUI/OVI, and felony charges are heard in Berea Municipal Court.

    • Defense in Brook Park Mayor’s Court & Berea Municipal Court

      Patituce & Associates is a team of attorneys who have been former Ohio prosecutors, so we know how cases are built from the ground up. Because of our years of handling criminal cases, we are your best choice in pushing back against them.

      When police have cited or arrested you, you need to act fast to ensure your rights are protected and that you have the best chance to avoid serious penalties. That’s exactly what we do at Patituce & Associates. We represent our clients aggressively, fighting at the negotiation table and in court to win the best outcome possible in every case. A charge like drunk driving (OVI) can hit your life with tremendous force. Aside from the possible criminal penalties-loss of your license, fines, even time in jail-you may also face other problems as a result. Many employers have zero-tolerance policies when it comes to employees with DUI records. Plus, relationships with family and friends almost always suffer when someone is alleged to have behaved recklessly.

  • BROOKLYN

    • Brooklyn, Ohio Mayor’s Court Information

      Types of Cases Heard

      • Traffic Tickets
      • DUI / OVI
      • Criminal

      Felony cases and not-guilty pleas are heard in Parma Municipal Court or Cuyahoga County.

      • Municipalities in the Court’s Jurisdiction: Brooklyn, Ohio
      • Clerk of Court: Grace Musto
      • Magistrate: Ronald C. Balbier
    • DUI / OVI & Criminal Defense in Brooklyn, Ohio

      We defend clients as they face charges in Mayor’s and Municipal Courts. What can start as an innocuous interaction with police can easily escalate to criminal charges, and that’s why you need an experienced Brooklyn, OH criminal defense attorney.

      Our track record speaks for itself, but what you should know is that we’re the attorneys the prosecutor hopes you won’t hire. However tough the charges, and however strong you think the evidence is, we’re the team to push back against it and find the best resolution for you and your family. Criminal charges and OVI prosecutions can cause you big problems now and in the future. They can cost you your job and your license. Misdemeanor and especially felony convictions can keep you out of career fields and limit your lifetime earnings. In a lot of cases, even being charged with a crime can have detrimental effects on your personal relationships.

  • BROADVIEW

    • Broadview Heights Mayor’s Court Information

      Cases originating in Broadview Heights will be heard in Parma Municipal Court if a defendant pleads not guilty.

      Types of Cases Heard

      • Misdemeanor Criminal
      • DUI / OVI
      • Traffic Tickets

      Magistrate: Jeannette M. Weaver | Prosecutor: Vince Ruffa

    • Get an Experienced Criminal Defense Lawyer in Broadview Heights

      When you act promptly, an experienced Broadview Heights defense attorney can attack the case head-on from the earliest stages. Patituce & Associates has a reputation among prosecutors in Northeast Ohio as aggressive advocates for our clients; they know that when a defendant hires us, he or she is serious about winning their case.

      So, just how strong does the prosecutor think their case against you is? It’s a question they’ll be asking as they decide how and whether to pursue the charges.

      While we are vigorous litigators in the courtroom, our lawyers take a multifaceted approach. If we believe we can have your charges dismissed before trial, we will fight hard to achieve that. In some cases, this will result in a reduction in charges, which limits your risk of significant and long-lasting penalties. If you’ve been charged with a criminal matter, DUI/OVI, or traffic violation in Broadview Heights, let the former prosecutors at Patituce & Associates help you push back against the cops and prosecutors who are out to convict you.

  • BEACHWOOD

    • Why Choose Patituce & Associates as Your Criminal Defense Lawyers in Beachwood, Ohio

      When seeking legal representation in Beachwood, Ohio, it’s imperative to find an advocate who sees beyond the surface of a case. At Patituce & Associates, we firmly believe that every client is more than just a case number. We recognize that the intricacies of each criminal case are as unique as the individuals involved, rendering a generic, one-size-fits-all approach inadequate. Instead, our commitment lies in crafting a robust and aggressive defense tailored to your specific needs and concerns.

      Our team boasts over seventy years of collective legal experience. With a track record of taking more than 200 criminal cases to trial, our experience stands as a testament to our unwavering dedication to fiercely advocate for our clients at every juncture. We emphasize to our clients that an arrest doesn’t equate to an inevitable guilty plea. There are always avenues to explore, and with our seasoned criminal defense attorneys by your side, we will meticulously examine the prosecution’s stance, seeking potential weaknesses or uncovering instances where your constitutional rights might have been compromised. Our primary aim is to ensure the most favorable outcome for your situation.

    • How We Stand By Your Side

      Every individual considering our services is entitled to a complimentary, confidential phone consultation. This initial interaction offers a platform to delve into the specifics of your arrest and potential charges. Recognizing the unpredictable nature of arrests, our lines remain open around the clock, every day of the week. And while our goal is always to revert to your queries within a 12-hour window, rest assured you’ll hear from us within a day at most.

      Our holistic approach to defense entails a thorough investigation of your case. We gather supporting evidence, critically evaluate the evidence presented by law enforcement, seek out and interview potential witnesses, and meticulously construct a compelling legal defense. Whether it’s seeking a complete dismissal or a reduction in charges or penalties, our strategy always prioritizes your best interests. Throughout this journey, you can expect nothing but the utmost respect and dignity from our team. Choose Patituce & Associates; choose dedication, experience, and personalized advocacy.

    • Criminal Defense Cases We Handle in Beachwood, OH

      At Patituce & Associates in Beachwood, Ohio, we pride ourselves on offering comprehensive criminal defense services tailored to meet the unique needs of each client. With our deep-rooted commitment to justice and an unwavering focus on results, we tackle a broad spectrum of criminal cases. Whether you find yourself ensnared in federal investigations or grappling with traffic offenses, our seasoned legal team is well-equipped to guide you through the complexities of the legal landscape. Below is a list of specific cases we routinely handle, each echoing our dedication to providing top-tier legal representation:

    • Criminal Charges in Beachwood, Ohio

      Beachwood, a vibrant community with a population of 11,612 residents, is not immune to the challenges posed by criminal activities as well as the repercussions that penalizations and convictions can have on the overall well-being of our neighborhoods. In particular, Northeast Beachwood sees more crime hotspots than other nearby areas.

      Property crimes stand out as a notable concern, with 438 incidents reported in a recent year. Such crimes can encompass a range of offenses, from vandalism to burglary. Particularly significant is the prevalence of larceny/theft cases, which make up a vast majority of these property crimes, with 413 reported incidents. Larceny/theft typically involves the unlawful taking of someone else’s property with the intent of depriving the owner of it permanently.

      At Patituce & Associates, we believe in the power of information. By understanding the types of criminal charges that occur in Beachwood, we are better equipped to provide robust defense strategies tailored to the unique nature of each case. If you or a loved one finds themselves entangled in legal challenges in Beachwood, our experienced team is here to offer guidance, support, and aggressive representation every step of the way.

    • Have You Been Arrested for Drunk Driving in Beachwood?

      Our law firm gets results for our clients because we have a real understanding of how to defend our clients from DUI/OVI charges. Many people (including some criminal defense attorneys!) have no idea that Ohio OVI law stipulates that Ohio has two legal limits. The first legal limit is fairly commonly known: 0.08. The second legal limit, the upper limit, is 0.17. If you fail a breathalyzer test with a result over 0.17, you face additional, escalated penalties.

      Often, people looking for a DUI lawyer call and ask our opinion on entering a “no contest” plea at arraignment, and in their mind saving time, money, and energy. This might seem like a good idea…at first. However, if you consider that there could be a license suspension, fines, insurance increases, jail time, and other penalties, it quickly becomes obvious that entering a plea of “no contest” at arraignment is generally a very bad idea.

    • Do I Need a Criminal Defense Attorney?

      Navigating the intricacies of the criminal justice system can be daunting, making the aid of a criminal defense attorney invaluable. Many might hesitate at the thought of hiring an attorney, with concerns ranging from financial constraints to the fear of admitting guilt by seeking legal counsel.

      One common apprehension is the potential cost. However, the expense of not having legal guidance can often be much greater, leading to harsher penalties, prolonged legal battles, or even unjust convictions. The investment in a skilled attorney can result in reduced sentences, dropped charges, or a more favorable plea deal.

      Another hesitation might stem from the misconception that hiring an attorney implies guilt. In truth, seeking legal representation is about ensuring that your rights are upheld and that you have the best possible defense against the charges levied. It’s not an admission of guilt but rather a demonstration of your intent to approach the situation with the seriousness it demands.

      In essence, the complexities and potential consequences of the criminal justice system make the role of a defense attorney pivotal. Whether it’s understanding the nuances of the law, crafting a strategic defense, or simply being a guiding hand during a challenging time, a criminal defense attorney is not just an option but a necessity for those facing legal challenges.

    • What to Do if You’re Facing Criminal Charges

      You should ensure that you reach out for legal help as soon as possible. Engaging with a lawyer, especially for the first time, can be an overwhelming experience. However, taking the right preparatory steps can make the most of your consultation and ensure a productive interaction.

      • Gather All Relevant Documents: Before your meeting, assemble any and all documents related to your case. This could include police reports, court notices, bail papers, witness statements, or any correspondence. Organize them chronologically for easy reference. Take the time to write down a comprehensive account of events as you remember them. This will help you convey the details accurately and ensure you don’t inadvertently leave out any crucial information.
      • Prepare a List of Questions: It’s natural to have numerous questions about your case, the legal process, potential outcomes, and the lawyer’s experience. Draft a list of these questions to ensure you address all your concerns during the consultation.
      • Be Honest and Open: When discussing your case with the lawyer, be forthright about all details, even if you believe they might be incriminating. Remember, your lawyer is there to defend you, and full transparency ensures they can do so effectively.

      Remember, the initial meeting with a lawyer is a two-way street. While you’re evaluating if the attorney is the right fit for your needs, they’re also assessing the specifics of your case. By coming well-prepared, you ensure a constructive dialogue that lays a strong foundation for your legal journey.

    • Beachwood Mayor’s Court Information

      If you’re arrested or cited for a misdemeanor in Beachwood and do not wish to fight the charge, your case will be heard in Mayor’s Court. If you plan to contest the charge or citation, your case will be heard in either Shaker Heights Municipal Court (if it is a misdemeanor) or Cuyahoga County Court (if it is a felony).

  • BAYVILLAGE

    • Arrested? Find the Best Bay Village Defense Attorney You Can!
      Patituce & Associates often receives calls from people who are being represented by attorneys who lack experience with the charges they’re facing (or may not be criminal defense lawyers at all). We also hear complaints about how hard it is to reach them. By contrast, our Bay Village criminal defense lawyers make it a priority to aggressively defend our clients from the charges the government has brought against them. We have experience defending virtually every crime on the books in Ohio (O.R.C.). Our law firm always returns phone calls within 24 hours, keeping you updated on every development as it happens.
    • We Always Challenge the Evidence to Be Used Against You
      Because the government has to prove its case beyond a reasonable doubt, criminal defense lawyers should aggressively challenge the prosecution’s evidence at every opportunity. What does this mean? It means that your lawyer should be closely reviewing every piece of evidence against you, looking for potential weak spots in the state’s case. Our Bay Village criminal defense attorneys speak to every possible witness, evaluate the evidence against you, discuss possible defense strategies, and seek out evidence to use on your behalf. Our experience with the prosecutors and police in Bay Village equips us to identify potential breaks in the chain of evidence handling, which could collapse the state’s entire case. Whatever evidence (or lack thereof) we can leverage in your favor, we will.
    • We Want Clients That Want To Fight Their Charges!
      Some clients do not want to fight their charges and would rather make a deal outside of court. We support that. However, we always want to make sure you are making an informed decision about your choices. By challenging the evidence, we can expose the flaws in the government’s case and perhaps get the case against you dropped. Attorney Joseph Patituce used to be an assistant Cuyahoga County Prosecutor, so he knows too well that there are often gaps in the state’s case.
  • AKRON white

    • Why Choose Us for Your Criminal Defense Representation?

      White collar crimes in Ohio are a big deal for several reasons:

      • Federal criminal charges and sentencing guidelines may apply to federal crimes in your case.
      • White collar crimes typically involve thorough resources and investigations, and the prosecutors who handle these cases may not have significant caseloads. As a result, they have more time to concentrate on prosecuting the case at issue.
      • In a white collar criminal case, one or more whistleblowers might have a financial incentive to reveal evidence to a federal agency involved in the case.

      Given the potential penalties upon conviction for a white collar crime, you want the best possible legal team in your corner advocating for your legal rights every step of the way.

      The knowledgeable Akron white collar crime attorneys at Patituce & Associates, LLC know what is riding on the line in your case, regarding potential legal penalties and collateral consequences upon conviction. We can immediately investigate the circumstances of your charge and arrest and determine your legal options before moving forward.

      Our legal team has a combined 70+ years of experience successfully defending individuals against state and federal-level offenses. In addition, three attorneys who are currently on our legal staff were originally prosecutors. Therefore, we understand how both state and federal prosecutors build their cases and secure guilty findings and convictions against criminal defendants. We use that knowledge to formulate favorable legal defenses to our clients’ pending criminal charges and obtain successful results.

      Our office is at 520 South Main Street, Suite 2511, Akron, OH 44331. Please as soon as possible, and we can begin advocating for your legal rights and interests.

    • What are the Possible Penalties Following a White Collar Crime Conviction?

      Like in any other criminal case, a state or federal prosecutor must fully satisfy their legal burden of proof to obtain a conviction against you on a white collar criminal charge.

      We can formulate a successful defense to your pending charge to make meeting this legal burden an uphill battle. If the defense succeeds in court, the prosecutor may fail to satisfy their burden of proof and the court may dismiss your white collar crime charge.

      If the state or federal prosecutor can meet their burden of proof, then a sentencing judge may impose various penalties against you. The penalties that you may receive for a white collar crime conviction will depend on the charge and whether the state or federal court system will hear your case.

      Potential penalties upon conviction may include:

      • High monetary fines
      • Restitution to the alleged victim
      • Required jail time (including jail time in a federal detention facility)
      • Probation

      In addition to these potential legal penalties, you can face numerous collateral consequences. For example, you may have difficulty finding a respectable place to live, obtaining employment, gaining admission to a college or university, or keeping scholarship funds (if you are a current student).

      In addition, you may suffer significant harm to your personal and professional reputation in the community.

      If a state or federal prosecutor ultimately obtains a conviction against you, we can aggressively represent you at your sentencing hearing and argue for the most minor possible penalty in your case. For example, depending on your circumstances, we can argue that you are a first-time offender or do not have a prior criminal history of arrests and convictions.

    • What are White Collar Crimes in Akron?

      Ohio and the federal government recognize several white-collar criminal offenses, including:

      • Mortgage fraud, where a party that is involved in the mortgage application process, such as a purchaser, bank, or other financial institution, provides information that is false to secure a mortgage
      • Wire or mail fraud, where an individual uses electronic wires or the federal mail system as a means of carrying out some fraudulent activity
      • Tax fraud, where an individual underreports information or attempts to evade taxes
      • Investment fraud, where an individual or entity provides some type of false information as a way to encourage unsuspecting individuals to make certain financial investments
      • RICO offenses, under the Racketeer Influenced and Corrupt Organizations (RICO) Act, where an individual allegedly commits a criminal offense in conjunction with some type of organization, such as where a person attempts to hide drug money by establishing a shell business
      • Theft from businesses, where an individual incurs misdemeanor or felony charges, depending upon the amount of money or property that they allegedly stole
      • Prescription drug fraud may involve both doctors and patients, including altering one or more legitimate prescriptions, billing for a prescription that a healthcare provider did not actually issue, or using prescription pads that someone stole
      • Forgery, where an individual distributes or sells identification cards that someone allegedly forged
      • Embezzlement, where an employer entrusts an employee with money, property, or assets that the employee misappropriated for their own personal use or financial gain

      If you are currently facing a criminal investigation or charge on one of these white collar crimes, quickly talk with our Akron white collar crimes lawyers. Our legal team can immediately start investigating the circumstances of your charge and determine the potential legal defenses you can raise at your criminal court trial.

    • Potential Defenses to an Akron White Collar Crime

      If you are currently facing a white collar crime investigation, we can raise one or more legal defenses in response to your charge. If the defense succeeds, it might prevent the state or federal prosecutor from satisfying their legal burden of proof. Consequently, the court may dismiss your criminal case.

      First, an individual pending a white collar charge can allege they lacked the necessary specific intent or knowledge to commit the underlying offense.

      Similarly, they may allege that a police officer or investigator violated their constitutional rights. For example, if a police officer arrested an individual, the arrestee asserted their Fifth Amendment right to have legal counsel present during questioning, but the officer continued questioning them, then the court may suppress any incriminating statements.

      Next, an accused individual can allege that a police officer or investigator obtained specific evidence illegally. For example, they may not have had the necessary probable cause or warrant to lawfully get evidence.

      Our legal team can determine if you may be eligible to raise one of these legal defenses or some other defense at your criminal court trial. If so, we can argue the appropriate defense(s) on your behalf when we represent you in court and pursue a complete dismissal of your case.

    • Negotiating a Favorable Plea Deal With the State or Federal Prosecutor in Your Case

      Sometimes, an individual facing white-collar criminal charges can introduce a favorable defense at their criminal court trial. If the accused has a solid legal defense, they may want to take their case to trial.

      In other situations, a state or federal prosecutor may place a plea deal on the table that we can negotiate further. Prosecutors might suggest a plea deal if they have insufficient evidence to prosecute or are not confident in their ability to secure a conviction against you at a criminal court trial.

      In a plea deal arrangement, the prosecutor typically offers some concession, such as a reduced criminal charge or a period of probation, in exchange for the accused pleading guilty to a criminal offense. If the prosecutor offers probation, and the accused successfully completes all of their probationary terms, then they may not be subject to a conviction.

      Our legal team can use our knowledge and experience to advise whether to accept a pending plea deal or take your case to a criminal bench or jury trial.

      If you decide to accept a pending plea deal from the state or federal prosecutor, you will give up certain legal rights. First, you will give up your Sixth Amendment right to a trial by jury. Additionally, you will give up the right to appeal your case result in the court system.

      Also, if you decide to accept a plea deal from the prosecutor, you must appear in court and place that plea deal on the record. When you do so, the judge will ensure that you agree to the plea deal voluntarily and freely and that no one coerced you into making the plea deal.

      Once you place the necessary statements on the record, the state or federal court judge may then accept your guilty plea.

    • Steps to Take After an Arrest

      If a police officer or investigator arrests you on a white collar criminal charge, immediately invoke your right to the presence of legal counsel during any questioning. Otherwise, the state or federal prosecutor can use anything you say against you at your criminal court trial. You want legal counsel present during any questioning by a police officer or investigator.

      In addition, you need to collect and retain essential documents in your case, including citations, charge paperwork, and anything that you can use as potential evidence in your case.

      Finally, speak with an Akron white collar crimes attorney immediately after your arrest. Once you forward us your charging documents and other paperwork, we can complete an accurate assessment of your case and explore your potential legal options. We can also determine if you can beat your pending criminal charge by raising a successful legal defense in court.

      One grave mistake many criminal defendants make is waiting too long to secure legal counsel to represent them. A lawyer needs time to review evidence, speak with witnesses, and formulate possible legal defenses before trial.

      Additionally, if you show up to a criminal court proceeding – including a trial – without a lawyer present, the judge may determine that you waived your right to the presence of legal counsel and might go forward with your criminal court proceeding. Given the potential penalties upon conviction, you do not want that to happen in your case.

  • AKRON traffic

    • When you need legal representation against criminal traffic charges, we know you have a selection of local attorneys from which to choose.

      The Akron traffic offense attorneys at Patituce & Associates, LLC can handle every aspect of your criminal case and will work hard to secure a favorable result. Our legal team has successfully tried more than 200 cases and obtained good results for our criminal defense clients. In addition, three members of our legal team were once state prosecutors.

      Therefore, we know how prosecutors assemble their cases, and we use that knowledge to our advantage when aggressively defending our clients against their pending criminal charges.

      Our legal team can benefit your traffic case by:

      • Reviewing the citation and the allegations that the police officer is making
      • Determining potential defenses that you can raise in court in response to your traffic offense
      • Negotiating a favorable plea deal with a state prosecutor to minimize the effects of a traffic ticket
      • Reinstating your driving privileges
      • Representing you at all legal proceedings (including a criminal bench or jury trial)
      • Appealing your traffic conviction if you can do so

      Our office is right in Downtown Akron at 520 South Main Street, Suite 2511, Akron, OH 44331. Let us fight for your legal rights and pursue a favorable result in your pending traffic case.

    • Potential Penalties and Consequences that May Result from a Traffic Offense

      The potential penalties and consequences of a traffic offense depend upon various circumstances. One common factor affecting the consequences of a traffic case is the particular charge the individual faces. For you to receive penalties and other consequences in an Akron traffic offense case, the state prosecutor must satisfy their legal burden of proof.

      If you incur a conviction on your traffic charge, you can receive legal penalties:

      • Two points on your driver’s license
      • Four points on your driver’s license
      • Six points on your driver’s license

      If you accumulate at least 12 points within a two-year timeframe, your driver’s license may be subject to suspension for 12 months. As a result, you may have difficulty taking care of your daily responsibilities and getting to and from work daily.

      In addition to accumulating points on your driver’s license, a conviction for an Akron traffic offense may lead to monetary fines and high insurance premiums from your motor vehicle insurance company. Moreover, you can lose your CDL if you are a commercial driver.

      In the case of severe traffic tickets, an individual may incur misdemeanor or other criminal charges, depending on the specific circumstances surrounding the offense.

      Our experienced legal team will do everything possible to avoid these potential penalties for you. In addition, we can negotiate with the state prosecutor handling your case and argue for a favorable plea deal.

    • Common Traffic Offenses in Akron

      Drivers in Akron can face charges of many traffic offenses. One of the most common traffic offenses that may result in a citation is speeding. In Ohio, as in other states, an individual may not drive a vehicle at a speed that exceeds the posted limit. Moreover, drivers may not exceed a reasonable speed in heavy traffic or bad weather.

      Additionally, a driver in Akron may receive a citation for texting while driving. Specifically, a driver may not use a handheld cellular phone or other electronic device to draft, read, or send a text message. If they do, they may ultimately incur misdemeanor criminal charges.

      It is also against the law in Ohio for a driver to run a stop sign or red light at a traffic intersection. Drivers have a duty to follow all traffic signs and obey all traffic control devices while they drive.

      Additionally, drivers must have motor vehicle insurance in place for them to lawfully operate a motor vehicle.

      Ohio requires minimum insurance coverage of:

      • $25,000 for bodily injury or death per person
      • $50,000 for bodily injury or death for more than one injured person in an accident
      • $25,000 for property damage

      If an individual operates their vehicle without these minimum coverage limits, they can face a criminal offense.

      Finally, individuals who hold a CDL can face criminal charges if they violate a traffic law while they operate their commercial or private vehicle. In addition, their CDL may be subject to disqualification for between 60 days and life.

      Drivers might also incur serious criminal penalties if they operate a motor vehicle while under the influence of alcohol or drugs (OVI). Most drivers are legally intoxicated if they have a blood alcohol concentration, or BAC, that meets or exceeds 0.08 percent. However, much stricter BAC limits apply to individuals under 21 years and those who are commercial vehicle operators, including tractor-trailer drivers.

      If you are facing any of these traffic charges in Ohio, retain a qualified criminal defense lawyer in Akron to represent you as quickly as possible.

      The Akron traffic offense attorneys at Patituce & Associates, LLC can handle every aspect of your case and determine if you may raise one or more legal defenses to your pending traffic charge. If so, we can argue the appropriate defense in court or negotiate with the state prosecutor for a favorable plea deal on your behalf.

    • Common Defenses to a Traffic Charge

      In a criminal traffic case, the state prosecutor handling the case has the legal burden of proof. In addition, to secure a guilty finding or conviction against you, the prosecutor has to satisfy all of the legal elements of the charge beyond a reasonable doubt.

      You can raise a robust legal defense to your charge that may prevent the prosecutor from fully satisfying their very high burden of proof. If so, the court may dismiss your entire traffic case.

      The legal defense or defenses we can raise in your case will depend on the specific traffic charge you face. In some traffic offense cases, we can argue that the police officer violated your Fourth Amendment right against unreasonable and unlawful searches and seizures, such as if they lacked the necessary reasonable suspicion or probable cause to pull your vehicle over in the first place.

      If you’re facing a charge for running a red light or another similar traffic offense, we can find video footage showing you did not violate the law.

      Finally, in a drunk driving case, such as a DUI case, we can find evidence showing that the Breathalyzer that the police officer used malfunctioned – or that the responding officer administered a field sobriety test incorrectly.

      If applicable, we might also demonstrate that you suffered from a medical or balance condition that prevented you from passing a field sobriety test.

      Our legal team will do everything possible to prepare and raise a strong legal defense at your criminal court proceeding and work to obtain a complete dismissal of your traffic case.

    • Negotiating with the State Prosecutor in Your Case

      In some cases that involve traffic offenses, especially those involving misdemeanor or felony charges, we can secure a favorable plea deal from the state prosecutor on your behalf.

      In a plea deal arrangement, the prosecutor might agree to a charge reduction, a period of probation, or some other concession in exchange for a guilty plea from the accused individual. For example, if the prosecutor offers the accused person probation, any conviction on their record might go away if they successfully complete all the required probationary terms.

      In some cases, plea deals can be advantageous for the accused person. However, at other times, the accused individual might be better off raising a defense to their traffic charge at a criminal trial. Plea deals also come with several detriments, including an inability to appeal the case result and a jury trial waiver. Our legal team can work with the prosecutor handling your case to negotiate a plea deal that is favorable and advantageous to you. We can advise whether you should accept a pending plea deal, continue negotiating with the state prosecutor, or take your case to trial and raise a solid legal defense to the pending charge.

      If you decide to accept a plea deal from the state prosecutor, you must attend a hearing before a judge. During that hearing, you will state on the record that no one coerced you into the plea deal and that you are entering into the plea deal freely, willingly, and voluntarily. The judge will then accept your plea deal on the record.

    • Steps to Take after Receiving a Traffic Citation

      For some traffic citations, you can simply pay a fine. However, you might give up other legal rights and privileges by doing this. For example, the state may suspend your driver’s license. Moreover, some traffic citations are must-appear offenses, meaning the individual who receives the citation must appear in court on a specified court date.

      After receiving a traffic citation, do not argue with or become belligerent with the arresting officer. That only makes a bad situation worse. Moreover, if a police officer arrests you for DUI or some other serious criminal offense, you should invoke your right to the presence of legal counsel during any questioning.

      Before you pay any traffic citation or otherwise respond to a traffic citation, you should speak with a knowledgeable Akron traffic offense lawyer at Patituce & Associates, LLC. Our legal team can advise you on the next steps that you should take and determine if you may raise one or more legal defenses at a court proceeding. In addition, we can represent you at all court proceedings in your case, advocate on your behalf, and secure the best possible result.

  • AKRON theft

    • A conviction for a theft crime can result in severe monetary fines and jail time. In addition, an individual who incurs a theft crime conviction may face numerous collateral consequences, including harm to their reputation.

      If you are currently pending an Ohio criminal theft charge, you want the best possible legal team to advocate for you at every stage of the proceedings. The Akron theft crime attorneys at Patituce & Associates, LLC have a combined 70-plus years of experience representing individuals accused of criminal offenses.

      In addition, three members of our legal team are former prosecutors. Thus, we understand how prosecutors build their criminal cases from start to finish against accused individuals. We then use this experience to achieve favorable results for our clients.

      Our office is in Downtown Akron at 520 South Main Street. We can navigate every step of the process, including thoroughly explaining the pending theft charge against you, investigating potential legal defenses you can raise in court, and representing you at all legal proceedings, including your criminal bench or jury trial.

      Let us achieve the best possible result in your pending criminal case, whether a case dismissal, plea agreement, or acquittal at trial. We can guide you to make the best decisions regarding your charges.

    • What Are the Potential Penalties for an Akron Theft Conviction?

      For you to be subject to legal penalties and collateral consequences in an Akron theft case, the state prosecutor must first satisfy their legal burden of proof. Specifically, the prosecutor has to prove each legal element of their case beyond a reasonable doubt. By raising one or more legal defenses on your behalf in court, we can negate the state prosecutor’s high burden of proof.

      However, if the state prosecutor can satisfy their legal burden, a sentencing judge has to impose penalties against you upon conviction, under state statute.

      The penalties a theft offender may receive upon conviction typically depend on the value of the allegedly stolen property. For example, if an individual sustains a conviction for receiving stolen property, a first-degree misdemeanor, a judge can sentence them to a maximum of six years of incarceration. A conviction for receiving stolen property only applies to items valued at less than $1,000.

      The criminal penalties may increase significantly if you sustain a conviction for stealing more valuable goods. For example, if you incur a conviction for stealing anything with a value of more than $1,000, you can receive felony-level penalties that can range from between one and ten years of incarceration, along with monetary fines and restitution to the alleged victim.

      In addition, under Ohio law, a prosecutor can lump several more minor theft charges together to reach a higher amount. If the prosecutor can do this successfully, it may increase the potential penalties that you ultimately face upon conviction. Therefore, what may have been initially a misdemeanor offense can turn into a felony offense.

      In addition to these potential legal consequences for a theft conviction, offenders may face numerous collateral consequences that affect every aspect of their lives.

      Some of the most common collateral consequences that convicted theft offenders may experience include:

      • Difficulty gaining admission to a university, college, or vocational program
      • Difficulty finding a place to live
      • Difficulty finding or keeping a job
      • Harm to one’s reputation in both their personal and professional communities

      Many of these collateral consequences happen because prospective educational institutions, landlords, financial institutions, and employers perform criminal background checks on applicants. If they uncover a theft conviction on the applicant’s record, they are more likely to deny the individual’s application.

      The best way to avoid legal penalties and collateral consequences in a theft case is to avoid a conviction altogether. Our legal team can formulate a solid legal defense that may result in a complete dismissal of your case.

      However, if you sustain a conviction on your criminal theft charge, we can represent you at your sentencing hearing before a judge and argue for the lightest possible penalties on your behalf. We will also do everything possible to lessen or eliminate the collateral consequences you face after your conviction.

    • What Are Some Common Theft Offenses in Akron?

      Criminal prosecutors in Ohio may charge a theft offense as either a felony or as a misdemeanor, depending upon the value of the alleged goods or money stolen.

      Some of the most common theft offenses in Ohio include:

      • Passing bad checks
      • Unauthorized vehicle use
      • Unlawful use of a telecommunications device
      • Possessing or selling an unauthorized cable television device
      • Theft
      • Unauthorized property use
      • Misusing credit cards
      • Tampering with records
      • Distributing, selling, or forging identification cards
      • Trademark counterfeiting
      • Receipt of stolen property
      • Securing writings by deception
      • Illegally transmitting more than one commercial electronic mail message (such as spamming)

      We can also defend you against any possible fraud charge that you may be facing in the Ohio Criminal Court System.

      If you are currently pending any of these criminal charges, reach out to legal counsel immediately. At Patituce & Associates, LLC, our skilled and compassionate Akron criminal defense lawyers can determine your eligibility to raise a solid legal defense to one of these criminal charges and obtain the best possible result in court.

    • Suppose you are currently pending a criminal theft charge in Ohio. In that case, we can review the circumstances of your arrest with you and determine if you may be eligible to raise one or more legal defenses to your charge.

      Although an accused individual does not have to satisfy a burden of proof in their case or even testify at trial, they can raise one or more favorable legal defenses in court.

      Those defenses can work to negate various elements of the prosecutor’s case. If one or more of the defenses are successful in court, the prosecutor may have no choice but to dismiss the pending theft charge.

      The potential defenses an individual can raise in response to a criminal theft charge will depend upon various circumstances, including the specific charge the individual is facing.

      For example, if an individual is pending a charge for receipt of stolen goods, they can allege they did not know they possessed stolen goods (in other words, lack of knowledge or intent).

      You might argue that you stole the items in question because of duress, such as when someone forced you to steal the items at gunpoint.

      Alternatively, you can argue that you did not transport or carry away the items in question. To succeed in defense of a theft charge, you must also demonstrate that you returned the property in question.

      Our legal team can determine whether you are eligible to raise one or more legal defenses to your criminal theft charge. If so, we can present the appropriate defense on your behalf in court and pursue a complete dismissal of your criminal case.

    • Negotiating a Favorable Plea Deal With the Ohio Prosecutor Who is Handling Your Case

      Our legal team can often negotiate a favorable plea deal with the state prosecutor on your behalf. A prosecutor might offer you a plea deal if they cannot secure a conviction against you in court or want to avoid trial.

      We can help you decide whether to take your case to trial or cut a favorable plea deal.

      In a plea deal arrangement, the state prosecutor ordinarily agrees to a term of probation or a reduced charge in exchange for a guilty plea from the accused individual. If the prosecutor offers the accused person probation instead of jail time, and the individual successfully completes all of the terms of that probation, then any conviction may go away.

      However, remember that by accepting a plea deal from the state prosecutor, you will likely be giving up certain legal rights, including your constitutional right to a trial by jury, along with your right of appeal.

      In addition, if you decide to accept a plea deal, you must attend a plea hearing. At that hearing, you will state, on the record, that you agree to enter the plea deal freely and voluntarily – and that no one coerced you into it. At that point, the judge may accept your plea.

      Our legal team can determine if you may be better off asserting a solid legal defense at your criminal bench or jury trial or negotiating a fair plea deal with state prosecutors in your case. Our legal team has professional working relationships with both criminal court judges and state prosecutors, and we use those relationships to pursue favorable results for our clients.

    • What Should You Do After an Arrest on a Criminal Theft Charge in Akron?

      Once a police officer takes you into custody and formally arrests you, you should promptly assert your constitutional right to the presence of legal counsel during any questioning.

      Once you assert this right, the police officer must cease questioning until legal counsel is available. If the officer does question you and you say something incriminating, that incriminating statement may be subject to suppression at your trial.

      In addition to retaining copies of any pertinent documents in your case, including citations and charging documents, you must immediately speak with an experienced Akron theft crime attorney.

      Our legal team can immediately enter an appearance on your behalf and begin defending you against your criminal charges. We can also answer all of your legal questions and advise you to make intelligent and informed decisions while your criminal case is pending, such as whether to plead guilty or not.

  • AKRON sex crimes

    • Why Choose Us to Represent You in Your Case?

      Sex crimes are some of the most severe and complex criminal charges an individual may face. If you are currently pending a sex crime charge, you want the best possible legal team to advocate for your legal rights and interests.

      The experienced Akron sex crime attorneys at Patituce & Associates, LLC can defend you against your charge and pursue a complete dismissal or a favorable plea deal from the prosecuting attorney.

      Our legal team has a combined 70+ years of experience successfully representing individuals accused of committing crimes. Moreover, three of our lawyers are former prosecutors.

      We understand the evidence that prosecutors routinely use to prove their cases, and we can use that knowledge to your advantage when defending you against your pending criminal charge. Moreover, unlike many other criminal defense law firms, we are unafraid to take a criminal case to a bench or jury trial.

      Our office is at 520 South Main Street, Suite 2511, Akron, OH 44331. Let us pursue the best possible result in your criminal case.

    • What Are the Potential Penalties for a Sex Crime Conviction?

      For a judge to impose penalties against you in a sex crime case, the state prosecutor must satisfy their legal burden of proof beyond a reasonable doubt. Prosecutors must overcome this challenging burden, and a robust legal defense may prevent the prosecutor from establishing this burden.

      If the prosecution can prove their case, a sentencing judge will decide the penalties to impose against you. Every sex crime case is different, and the penalties an offender receives will depend on the specific criminal charge, their prior record, and other case-specific factors.

      Sex crimes in Ohio and their corresponding penalties upon conviction include:

      • Rape is usually a first-degree felony, and a conviction can lead to a maximum of 16.5 years of jail time and a fine of $20,000.
      • Sexual battery is a third-degree felony, and a conviction may lead to a maximum of 36 months in jail and a $10,000 monetary fine.
      • Public indecency is a fourth-degree misdemeanor, and a conviction can lead to a maximum of 30 days of incarceration, along with a $250 monetary fine.
      • Unlawful sexual contact with a minor is a fourth-degree felony, and a conviction may result in a maximum of 18 months of jail time and a $5,000 fine.
      • Compelling prostitution is a third-degree felony, and a convicted offender may receive a maximum jail sentence of three years and a maximum monetary fine of $10,000.
      • Public indecency is a fourth-degree misdemeanor, and a conviction may result in a maximum of 30 days of incarceration and a $250 fine.
      • Voyeurism is a third-degree misdemeanor, and a conviction may result in a maximum of 50 days in jail, along with a monetary fine of $500.

      In addition to incurring potential legal penalties, convicted sex offenders may experience several collateral consequences that can affect the rest of their lives:

      • Mandatory registration on the state sex offender registry
      • The inability to find a place to live
      • Difficulty gaining admission to an educational institution, such as a college or university
      • Loss of scholarship funds or financial aid from a college or university
      • Difficulty finding or keeping a job
      • Harm to reputation in one’s personal or professional community

      If you ultimately incur a criminal conviction on one of these sex crime charges in Ohio, we can represent you at your sentencing hearing in front of a judge and advocate for the most minor possible penalty in your case. We can also work to lessen the collateral consequences you experience upon conviction.

    • Sex Crimes in Akron

      Ohio law defines several sex crimes:

      • Rape, when the accused individual compels another individual to take part in sexual conduct by using or threatening the other person with some type of force, by impairing the other person in some way, or by engaging in sex with an individual who is underage or whom the accused individual knows has a physical or mental condition that precludes their ability to willingly consent to the act.
      • Sexual battery, where the accused individual uses coercion to engage in sexual conduct with another individual or where the accused person has some form of special relationship – such as a student/teacher relationship – with the alleged victim
      • Public indecency, where the accused individual allegedly exposes their private parts, masturbates in a public area, or engages in some type of sexual conduct with another person in public.
      • Unlawful sexual contact with a minor, where an individual who is an adult engages in some type of sexual conduct with a child between 13 and 16 years old
      • Compelling prostitution, where the accused individual convinces another person to take part in an act of prostitution
      • Voyeurism, where an individual unlawfully eavesdrops, photographs, films, or records for purposes of sexual gratification or arousal

      If you are currently pending one or more of these sex crime charges in Akron, you must immediately secure the defense representation you need.

      The Akron sex crime attorneys at Patituce & Associates, LLC can formulate a strong defense to your pending criminal charge or pursue other legal options that may be available to you in your criminal case.

    • Possible Defenses to a Sex Crime Charge in Akron

      Sometimes, you can advance a solid legal defense to your pending sex crime charge in court. If the defense is successful, it can poke holes in the prosecutor’s case, so to speak, and result in a complete dismissal of your pending charge.

      Some of the most common defenses that individuals may raise in response to a sex crime charge include:

      • That the alleged victim consented to the sexual act in question
      • That the alleged victim mistakenly identified you as the perpetrator
      • That you were not the individual who participated in the sex act or that you were somewhere else at the time the alleged incident occurred (in other words, alibi)
      • The alleged victim was of age at the time the incident happened

      Our legal team can determine if you may raise one or more defenses at your criminal court proceeding. If so, we can advance the appropriate defense on your behalf and work to obtain a favorable result in your pending criminal case.

    • Possible Options for a Sex Crime Case

      Given the potential penalties resulting from a guilty finding or conviction in a sex crime case, having several legal options is a good idea.

      On the one hand, you can assert one or more strong legal defenses at your criminal bench or jury trial. However, if you do not have a solid legal defense to your charge, you can explore other options, depending on your circumstances.

      Another option in a criminal case is to pursue a favorable plea deal from the state prosecutor handling the matter. Our legal team has good working relationships with criminal court judges and state prosecutors, and we can use that experience to your advantage when negotiating a favorable plea deal on your behalf.

      As part of a plea deal, the state prosecutor typically offers one or more concessions in exchange for a guilty plea from the accused individual.

      For example, in some instances, the prosecuting attorney might reduce the sex crime charge from a felony charge down to a misdemeanor charge. The misdemeanor charge will carry lighter penalties than the felony charge.

      Alternatively, the prosecutor might offer the accused person a period of probation. This result is more likely in cases involving a first-time offender. If the accused subsequently satisfies all conditions of their probation, then any conviction on their record may disappear.

      Our team can advise whether you should take your case to a criminal court trial and advance a robust legal defense or accept a pending plea deal from the state prosecutor.

      If you accept a plea deal, you must be aware that you are waiving certain legal rights. For example, by pleading guilty to a criminal offense, you automatically give up your constitutional right to a trial by jury and your right to appeal the case result.

      In addition, you must put your plea deal on the record in open court and tell the judge that you are pleading guilty without any coercion from anyone else. In other words, you must agree to the plea deal freely, voluntarily, and willingly. The judge can then accept your plea deal on the record.

    • Steps to Take Following an Arrest for a Sex Crime

      If a police officer arrests you for a sex crime, immediately assert your right to the presence of counsel during any questioning.

      If you state that you want legal counsel present, yet the police officer continues questioning you, the court may suppress anything you say afterward.

      In addition, you need to retain copies of all necessary paperwork in your case, including any paperwork you receive from the police officer and your charging documents. You should also retain any contact information for potential witnesses in your case. Once we enter an appearance as your attorneys, forward us all of this documentation so that we can review it and begin preparing your defense.

      Next, you need to contact an Akron sex crime attorney as quickly as possible after your arrest. The sooner you get legal counsel involved in your case, the better your chances of achieving a favorable result in your criminal matter.

      If you wait too long to seek legal counsel to represent you, an attorney may not have sufficient time to prepare a defense in your case and prepare it for trial. In addition, never appear at any court proceeding without legal counsel by your side.

      If you show up to court alone, the judge is not under any obligation to delay your case. Instead, the judge can make you go forward with your hearing without an attorney. This is a surefire way to bring about disastrous consequences for you and your case.

      Our team can enter an appearance on your behalf right away and begin protecting your legal and constitutional rights while your criminal case is pending in the system.

  • AKRON murder

    • Why Choose Patituce & Associates, LLC

      When facing murder charges, the stakes are incredibly high, and the need for a skilled and experienced defense attorney is paramount.

      Patituce & Associates strives to provide aggressive and effective representation.

      Choose our firm to defend you in your murder case because of our:

      Experience

      Our legal team has extensive experience in handling murder cases. We understand the gravity of your charges and the complexities of building a strong defense. With years of courtroom experience, we have the knowledge and skills necessary to navigate the intricacies of the legal system and fight vigorously for your rights.

      Skills

      Our firm handles all types of criminal defense, and murder cases are the core of our practice. Akron criminal defense attorneys deeply understand the laws and procedures specific to murder charges in Akron and throughout Ohio. Our attorneys stay up to date with the latest legal developments and defense strategies to provide the most convincing representation possible.

      Personalized Approach

      We believe in personalized attention for each client. We understand that every murder case is unique. Our attorneys can take the time to listen to your story, answer your questions, and discuss all concerns. They can work closely with you to develop a defense strategy that meets your needs.

      Proven Track Record

      Our law firm has a track record of success in handling murder cases. We have obtained favorable outcomes, including acquittals and reduced sentences, for many clients. Our past results reveal our dedication, skill, and commitment to achieving the best possible solutions.

      Resources and Network

      Our Akron murder defense attorneys have the resources and professional network to mount a comprehensive defense. We work with investigators, forensic specialists, consultants, and others who can provide valuable insights and support to strengthen your criminal case.

      Client-Centered Representation

      At Patituce & Associates, LLC, we prioritize your well-being and interests. We understand the emotional toll of murder charges and endeavor to provide compassionate support throughout the legal process. We can listen to your concerns and fight tirelessly for you.

      When facing murder charges, your choice of defense attorney can make all the difference in the outcome of your case.

      Trust our experienced team at Patituce & Associates, LLC, to provide the defense you need. Our office is at 520 S Main Street, Suite 2511. We can arrange a videoconference if you can’t visit us in person.

    • Murder Charges and Penalties in Ohio

      Murder is one of the most serious charges, carrying severe consequences that can profoundly damage your life. If you or a loved one is facing murder charges in Akron, you must act quickly and secure legal representation.

      Murder Charges in Ohio

      In Ohio, the law defines murder as unlawfully causing the death of another person with prior calculation and design. The state recognizes different degrees of murder: The defining factors include intent, premeditation, and aggravating circumstances.

      The specific murder charges in Ohio include:

      • Aggravated murder: This is the most serious murder charge in Ohio, and courts typically reserve it for cases involving particular aggravating factors, such as multiple victims, the murder of a law enforcement officer, or murders aiming to prevent a lawful arrest. Aggravated murder carries severe penalties, including the possibility of life imprisonment without parole or even the death penalty.
      • Murder: Courts regard murder lacking specific aggravating factors as murder in the first degree. This offense carries a mandatory minimum penalty of 15 years to life in prison and a maximum sentence of life in prison with the possibility of parole in 25 years.
      • Felony murder: According to the felony murder rule, which is active in Ohio, if a death occurs during the commission of certain felonies, such as robbery or burglary, you can face a charge of felony murder. Courts typically charge this as murder in the first or second degree, depending on the underlying felony and other circumstances.

      Penalties for Murder in Ohio and Their Consequences

      The penalties for murder convictions in Ohio are severe and can permanently compromise your life.

      The consequences include:

      • Lengthy prison sentences: Depending on the degree of murder and other factors, a conviction can result in decades or even life in prison. Aggravated murder charges carry the possibility of life imprisonment without parole.
      • Capital punishment: Ohio retains capital punishment for aggravated murder.
      • Possibility of no parole: If a court convicts you of murder, you may never receive parole, even after you serve a long part of your sentence.
      • Loss of rights: A murder conviction can damage your civil rights, such as voting or possessing firearms. You may also experience difficulties finding employment, obtaining housing, or rebuilding your life after serving your sentence.
      • Social stigma: A murder conviction can lead to social stigma and impair your personal and professional relationships. It may result in strained family dynamics, loss of community support, and a tarnished reputation that you may never repair.

      Given the severe penalties and long-term consequences of murder charges in Ohio, it is imperative to seek the representation of a skilled and experienced murder defense attorney as soon as a court charges you.

      At Patituce & Associates, LLC, our dedicated legal team can fight vigorously to protect your rights, challenge the evidence against you, and work tirelessly to achieve the best possible outcome for your case.

    • Defenses in a Murder Case

      Due to the devastating consequences of a murder conviction, you deserve a vigorous defense and the opportunity to present your case.

      If you or a loved one is facing murder charges in Akron, Ohio, the best criminal defense attorneys at Patituce & Associates, LLC, are here to advocate. We can explore every defense strategy to fight for the best possible outcome. Our experience includes many scenarios.

      Self-Defense

      If we can demonstrate that you believed your life was in imminent danger or were defending yourself against serious bodily harm, a self-defense argument may apply. Our legal team might establish that your actions were reasonable and proportionate to the perceived threat.

      Insanity Defense

      The insanity defense asserts that the defendant lacked the mental capacity to understand their actions or differentiate between right and wrong at the time of the alleged offense. This defense requires expert testimony and a thorough evaluation of your mental state.

      Lack of Intent

      Murder charges often require proof of intent to cause death or serious bodily harm. If there is a chance to establish a lack of intent to commit the crime, your Akron murder defense attorney can argue for a lesser charge or a complete dismissal.

      Alibi

      An alibi defense aims to prove you were not present at the scene of the crime when it occurred. Credible evidence, such as witness testimony, camera footage, or documentation, can establish an alibi defense. Our attorneys can investigate and find opportunities to prove the existence of an alibi.

      Challenging the Evidence

      Our attorneys at Patituce & Associates can meticulously review the prosecution’s evidence and challenge its credibility, reliability, or admissibility. This procedure may question the chain of custody of physical evidence, challenge witness credibility, or dispute the accuracy of forensic analysis.

      Mistaken Identity

      If we can plant a reasonable doubt that you were the perpetrator, by presenting evidence challenging the accuracy or reliability of the identification, the prosecutor may drop the charges or the judge or jury might acquit you.

      Violation of Constitutional Rights

      If law enforcement officers violated your constitutional rights during the investigation or arrest, such as conducting an illegal search or seizure, your attorney can move to suppress evidence relating to these violations.

      Proving an Alternative Theory

      Your attorney may present an alternative theory of the crime that raises reasonable doubt about your guilt. This process could involve identifying other suspects or presenting evidence pointing to a different explanation of the events.

      Every murder case is unique, and the defense strategy depends on the circumstances surrounding the alleged offense.

      Our experienced attorneys at Patituce & Associates, LLC, can thoroughly investigate your case, analyze the evidence, and develop a personalized defense strategy.

    • Tasks to Perform Following a Murder Charge

      Although murder charges are incredibly distressing and overwhelming, you have rights and options. The following steps can protect your interests and ensure the best possible defense:

      Stay Calm and Exercise Your Right to Remain Silent

      It is natural to feel a wide range of emotions when facing such serious charges. Remain calm and composed.

      Invoke your right to remain silent and avoid discussing the case with anyone, including law enforcement, without the presence of your attorney. Any party can use anything you say against you, so you must exercise caution and protect your rights from the beginning.

      Hire a Skilled Akron Murder Defense Lawyer

      One of the most critical decisions you can make after facing a murder charge is to hire an experienced murder defense attorney. Seek a lawyer with vast experience in criminal defense, particularly murder cases.

      Our attorneys at Patituce & Associates, LLC, have a proven track record of success defending individuals confronting murder charges. They can provide you with the knowledge and support necessary to navigate the complexities of your case.

      Cooperate With Your Attorney

      Your attorney will need your cooperation and transparency to build a strong defense. Provide them with all the information you have regarding your case, including any witnesses, evidence, or circumstances that may be relevant.

      Work closely with your attorney to understand the legal process, potential defenses, and best action to protect your rights and interests.

      Follow Legal Advice

      Your attorney can provide legal advice pertaining to your specific situation. Follow this advice throughout the legal process. Attend court hearings, provide necessary documentation, and cooperate with investigations and evaluations.

      Maintain Confidentiality

      Discussing your case with anyone other than your attorney can harm your defense. Avoid sharing the details of your case on social media or with friends and family. Confidentiality can safeguard your rights and ensure a strong defense strategy.

  • AKRON DUI

    • If you are currently pending a criminal DUI charge in Ohio, you need a skilled team of attorneys advocating for you and representing your interests at every stage of the process.

      Look no further than the experienced Akron DUI defense lawyers at Patituce & Associates, LLC. Our legal team members have a combined 70-plus years of experience defending individuals facing criminal charges.

      In addition, three of our team members once served as state prosecutors. Consequently, we have an in-depth understanding of how prosecuting attorneys build their cases. We then use this knowledge and experience to achieve favorable results for our clients.

      Once you retain us to represent you, we can immediately enter an appearance as legal counsel in your criminal case. We can then explore potential legal defenses we can assert in response to your drunk driving charge. Finally, we can represent you at all criminal court proceedings in your case, including a criminal bench or jury trial.

      Our office is in Downtown Akron at 520 South Main Street, Suite 2511, Akron, OH 44331. We regularly appear and defend clients in Akron criminal court and throughout Ohio. Let us achieve the best possible result in your pending criminal DUI case.

    • What Are the Potential Penalties for a Criminal OVI Conviction in Akron?

      Operating a vehicle under the influence of alcohol or drugs, or OVI, is a first-degree misdemeanor in Ohio. An OVI conviction can lead to severe legal penalties and collateral consequences.

      However, to obtain a conviction against you for an OVI offense, the state prosecutor handling your case must satisfy their legal burden of proof beyond a reasonable doubt. You can raise one or more legal defenses in response to your charge at trial.

      If the state prosecutor ultimately obtains a conviction against you in your OVI case, a judge will impose the necessary criminal penalties, according to state statute. If you ultimately sustain a conviction for OVI, you can look at a mandatory jail sentence of three days, with a maximum of six months, depending upon the circumstances surrounding your criminal charge. In addition to serving time in jail for an OVI conviction, you may also have to pay high monetary fines.

      If you incur additional OVI convictions, you may have to serve between 10 days and five years in jail and pay monetary fines between $350 and $10,000.

      In addition to these penalties, a judge can sentence you to attend a drug and alcohol treatment program. Additionally, you may have to pay for the installation of an ignition interlock device, or IID, on your vehicle. In addition to the initial installation cost of this device, you will have to pay ongoing maintenance and monitoring expenses.

      To operate your car, you will need to breathe into the IID. If the device detects any amount of alcohol on your breath, it will not allow your vehicle to start. Similarly, upon sustaining a conviction for OVI, you can lose your driving privileges for a significant time.

      A judge may also see if you have any prior OVI convictions on your record when they impose criminal penalties against you.

      In addition to these potential criminal penalties upon conviction for OVI, you may face several collateral consequences that can affect various aspects of your life. For example, you may have difficulty finding or keeping a job, especially if your job involves operating a vehicle – such as a commercial truck driver.

      Additionally, you may have trouble gaining admission to a vocational program, university, or college because of your OVI conviction. This consequence is widespread because administrators frequently perform criminal background checks on prospective applicants. If they come across an OVI conviction on your record, they may deny your admissions application.

      Additionally, if you are a current student and receive financial aid or scholarships, an educational institution may pull those funds if they notice an OVI conviction on your record. Finally, an OVI conviction may lead to reputational harm in both your personal and professional communities.

      The best way to avoid legal penalties and collateral consequences for an OVI is to prevent a conviction in the first place. Our legal team can represent you at your criminal sentencing hearing and work hard to pursue the lightest available penalties on your behalf. We can also work to lessen or eliminate the collateral consequences that you face due to your conviction.

    • How Does a Police Officer Arrest a Person for DUI?

      Many DUI arrests happen when a police officer pulls an individual over on a minor traffic violation, such as failing to use a turn signal or speeding. When the officer pulls the driver over and speaks with them, the officer may notice the smell of alcohol on the driver’s breath or other symptoms of alcohol intoxication, such as bloodshot eyes or slurred speech. Officers who see any of these signs may eventually request that the driver blow into a portable breathalyzer device.

      Passenger vehicle drivers are legally intoxicated if they have a blood alcohol concentration or BAC of at least 0.08 percent. However, more stringent standards apply to commercial vehicle drivers and minors under 21.

      If a police officer determines that a driver is per se intoxicated, they may initiate an arrest.

    • Potential Defenses to a Criminal DUI Charge in Akron

      In a criminal DUI case in Akron, the state prosecutor has the sole legal burden of proof. In contrast, the accused individual does not have to satisfy any legal obligation in their case. Moreover, if their case proceeds to a criminal jury trial, they do not have to take the witness stand or testify in their own defense, according to the Fifth Amendment’s constitutional protection against self-incrimination.

      However, an accused person may raise one or more legal defenses to their DUI charge at trial. A defense can work to negate various elements of the prosecutor’s case-in-chief. If the prosecutor cannot satisfy their legal burden, then your criminal DUI charge and your entire criminal case might be subject to a complete dismissal.

      The defenses available to individuals facing DUI charges depend significantly upon the circumstances. First, you can allege that you suffered from a medical condition that affects how your body breaks down and absorbs alcohol.

      Similarly, if the police officer subjected you to a field sobriety test, you can contend that the officer did not follow the proper testing protocols. You can also argue that you suffer from a medical condition affecting your balance, preventing you from performing the field sobriety test correctly.

      Finally, you can say that because of suboptimal weather and lighting conditions, you could not perform the test correctly.

      In addition, you can argue that the police improperly calibrated or maintained the Breathalyzer machine that recorded your BAC. You can also contend that a lab technician who processed chemical testing evidence made a mistake regarding their testing and collection methods.

      Finally, you can argue that the police officer who arrested you committed one or more constitutional violations. For example, the officer might have pulled your vehicle over randomly without having any reasonable suspicion or probable cause that you violated a traffic law.

      Our legal team can determine if you’re eligible to raise one or more of these legal defenses at your criminal court trial and can pursue a complete dismissal of your pending DUI charge in Ohio.

    • Negotiating With the State Prosecutor for a Favorable Plea Deal

      In some cases, as an alternative to taking your case to a criminal bench or jury trial, you can negotiate a favorable plea deal from the state prosecutor handling your DUI case. A plea deal typically occurs when the state prosecutor offers some concessions for pleading guilty to a charge. For example, the prosecutor might reduce a DUI charge to a reckless driving charge that will incur fewer penalties.

      Alternatively, the prosecutor might offer the accused individual probation, especially if the accused faces a first-time DUI. If they satisfy their probationary requirements, any conviction on their record may go away.

      Before accepting a plea deal from the state prosecutor, you need to know the legal rights you will waive. For example, if you agree to plead guilty to a criminal offense, you will waive your constitutional right to a trial by jury and appeal the case result.

      In addition, if you decide to accept a plea deal, you must show up at a hearing and put your plea deal on the record so that a judge can formally accept it. When you put your plea deal on the record, you must inform the judge that you are agreeing to the plea deal voluntarily, freely, and without coercion.

      Our experienced legal team can negotiate with the state prosecutor for a favorable plea deal on your behalf. We can advise whether to accept the final agreement or take your case to trial and seek an acquittal.

    • Steps to Take After a DUI Arrest in Akron

      Following a DUI arrest, safeguard your legal and constitutional rights. First, if a police officer arrests you and takes you into custody for DUI, never subject yourself to interrogation or questioning. Instead, immediately assert your constitutional right to the presence of legal counsel. If the police officer continues to ask you questions and you respond, you need a defense attorney to try to suppress any incriminating statements you made.

      Additionally, it is always best for you to contact our legal team as quickly as possible for representation. Waiting too long to secure the defense representation you need can result in devastating consequences in your case.

      A lawyer needs sufficient time to prepare your case for trial and develop potential legal defenses. If you were to attend your criminal court hearing without an attorney present, a judge may not postpone your case. Instead, they can make you proceed to trial without an attorney.

      Our legal team can enter an appearance on your behalf right away and start advocating for your legal rights and interests. Furthermore, we can represent you in all courtroom proceedings and achieve the best possible result in your case.

  • AKRON drug

    • We know you have a choice when selecting legal counsel to represent you against your pending criminal drug charge. The knowledgeable Akron drug crime attorneys at Patituce & Associates, LLC, have the necessary knowledge and experience to help achieve a favorable result in your criminal case.

      Our legal team has more than 70 years of combined experience successfully defending individuals facing criminal charges. In addition, three of our legal team members once worked as state prosecutors. Therefore, we thoroughly understand how prosecutors build their cases from top to bottom. We then use that knowledge and experience to our clients’ advantage.

      Our legal team can defend against your pending criminal charge in several ways. First, we can challenge the prosecution’s evidence in your case by hiring a toxicology expert.

      We can also file a motion with the court on your behalf, especially if it appears that your drug arrest stemmed from a warrantless search or an illegal search and seizure. In the motion, we can detail the reasons why the state should dismiss your drug charge.

      In addition, we can investigate potential legal defenses to your drug charge, such as constitutional violations. If your case ultimately goes to a bench or jury trial, we can represent you at that proceeding and introduce favorable evidence to the court on your behalf.

      Finally, we can explore various alternatives to incarceration, such as working out a favorable plea deal with the state prosecutor handling your case.

      Our office is in Downtown Akron at 520 South Main Street, Suite 2511, Akron, OH 44331. Let us help secure the best possible result in your criminal drug case.

    • Potential Penalties Upon Conviction for an Akron Drug Charge

      Ohio state prosecutors aggressively pursue criminal drug charges and frequently ask for the maximum penalty that a judge can impose by statute. For an individual to receive penalties for a drug offense, the prosecutor must satisfy their legal burden of proof beyond a reasonable doubt. If they cannot meet this high burden, your case may be subject to a complete dismissal.

      However, if the state prosecutor can satisfy their legal burden, it will fall to a sentencing judge to determine the penalty or penalties to impose against you.

      The penalties that a drug offender receives upon conviction will depend upon various factors, including whether or not the drug offense is a misdemeanor versus a felony and the amount of drugs the individual allegedly had in their possession.

      Some of the most common penalties that a convicted drug offender in Ohio may receive include:

      • Payment of high monetary fines
      • Jail time
      • Probation
      • Required drug and alcohol abuse treatment

      In addition to these potential penalties upon conviction, you may look at various collateral consequences that can affect various aspects of your life. For example, a drug conviction on your record might make gaining admission to an educational program, such as a college or university, difficult.

      Similarly, if you have a drug conviction on your record, you might have difficulty finding a place to live or finding and keeping a job. These difficulties usually arise when educational institutions, landlords, and prospective employers perform criminal background checks on applicants. They will likely deny the application if they uncover a drug conviction on the applicant’s record.

      In addition, convicted drug offenders might experience significant harm to their reputation in the community, both personally and professionally.

      If you ultimately sustain a conviction on your Akron drug charge, our legal team can represent you at your sentencing hearing and highlight why a judge should not impose significant penalties against you.

      For example, depending on your circumstances, we can argue that you are a first-time offender or that you have never been subject to arrest before. By making these legal arguments, we can significantly reduce the penalty you ultimately receive. In addition, we can work to minimize or eliminate the collateral consequences you experience due to your criminal drug conviction.

    • Common Drug Offenses in Akron

      Ohio recognizes several different drug offenses:

      • Possessing a controlled substance, where an investigator or police officer finds an individual with marijuana or cocaine on their person or in their immediate reach area
      • Possession of drug paraphernalia, where an individual possesses certain items that are related to drug use, including kits to prepare, produce, or grow a controlled substance, along with bowls, blenders, testing equipment, spoons, or scales to mix various compounds
      • Possessing drug abuse instruments, where an individual possesses or owns an instrument to prepare a drug, use a drug, or administer a drug for some unlawful purpose
      • Illegal possession or assembly of chemicals used to manufacture drugs, where an individual makes a Schedule I or Schedule II controlled substance or where they possess various chemicals that they may use to make an illegal drug
      • Drug trafficking or aggravated drug trafficking, where an individual sells one or more controlled substances
      • Illegally distributing or administering anabolic steroids, where a medical provider or someone else provides steroids illegally
      • Illegally manufacturing drugs or cultivating methamphetamines or marijuana, where an individual produces methamphetamines or grows marijuana or some other controlled substance
      • Criminal forfeiture of some type of property that relates to a felony drug abuse crime, where the government can lawfully take away certain types of property that it believes are related to criminal drug activity

      If you face a criminal charge on one of these Ohio drug offenses, retain an experienced attorney to represent you in your case as quickly as possible.

      The skilled Akron drug crime lawyers at Patituce & Associates, LLC can review the circumstances of your pending criminal charge with you and determine your potential legal options for moving forward. We can develop a strong defense to raise at your criminal court trial or begin negotiating with the state prosecutor for a favorable plea deal on your behalf.

    • Raising a Defense to Your Criminal Drug Charge

      Sometimes, we can raise a solid legal defense to your pending criminal drug charge. If that defense succeeds at trial, the court may dismiss your entire case.

      A defense can work to negate one or more legal elements of the prosecution’s case. If the prosecutor cannot establish every element of the case, they may have no choice but to dismiss the pending charge.

      Some of the most common legal defenses that an individual can raise in response to a criminal drug charge include:

      • Lack of knowledge as to the drug’s presence, where an individual is unaware of a drug’s physical presence in a home or vehicle – especially one that does not belong to them
      • Fourth Amendment violations, where a police officer comes across a drug as part of a traffic stop that they did not validly initiate, such as where the officer did not have the necessary reasonable suspicion or probable cause to pull the vehicle over in the first place
      • Fifth Amendment violations, where a police officer places an individual under arrest for a drug charge, the arrestee invokes their right to the presence of counsel during questioning, but the officer continues to question them
      • Lack of ownership over (or possession of) a controlled substance

      Our legal team can determine if you can raise one or more of these defenses at your criminal court trial. If you are, we can argue the appropriate defense and push for a complete dismissal of your drug case.

    • Negotiating a Favorable Plea Deal From the State Prosecutor Who is Handling Your Case

      In some instances, instead of taking your criminal drug case to trial, we can negotiate a favorable plea deal with the state prosecutor.

      A prosecutor might offer a plea deal if they are not confident in securing a conviction against the accused person. The prosecutor may not have sufficient evidence to prove their case, and consequently, they may not want to take their case to a criminal bench or jury trial. In those circumstances, a prosecutor will more likely offer the accused person a favorable plea deal.

      As part of a plea deal, the prosecutor will typically offer one or more concessions in exchange for the accused individual pleading guilty to a criminal offense. For example, if the accused agrees to plead guilty, the prosecutor might offer them a probation period.

      This is especially true if the individual is a first-time drug offender. Alternatively, the prosecutor might be willing to reduce the drug crime from a felony to a misdemeanor, resulting in fewer potential penalties.

      By agreeing to a plea deal, the accused always gives up certain rights, including their Sixth Amendment constitutional right to a trial by jury and their right of appeal.

      They must also appear in court and put their plea deal on the record. As part of this process, the accused individual will tell the judge that they agree to accept the plea deal voluntarily and freely and that no one coerced them into accepting the deal. The presiding judge may then accept the plea deal on the record.

      Our legal team can negotiate with state prosecutors on your behalf and pursue a plea deal that is favorable to you. We can also determine whether it is a good idea for you to accept a plea deal in your case, continue negotiating with the prosecutor for a better deal, or take your case to trial and raise a legal defense to your criminal drug charge.

    • What You Should Do After an Arrest on a Criminal Drug Charge

      If a police officer arrests you on a criminal drug charge, you must refrain from answering questions until you have an attorney present with you. If you invoke your right to counsel upon arrest, the police officer continues questioning you, and you say something incriminating, the judge may suppress those statements at your trial.

      In addition, following your arrest, keep copies of all pertinent documentation in your case – including any citation that a police officer might have issued to you – as well as your charging documents.

      Finally, after your arrest, speak with an Akron drug crime attorney as quickly as possible. A lawyer needs ample time to meet with you to discuss your case, speak with witnesses, plan out potential defenses, and prepare your criminal case for trial.

      If you retain an Akron criminal defense attorney too late in the process, they may not have time to adequately prepare your case. Therefore, speak with legal counsel immediately after your arrest.

  • AKRON domestic

    • Why Choose Us to Represent You Against Your Criminal Domestic Violence Charge?

      A conviction on a criminal domestic violence charge in Ohio can lead to severe penalties. Therefore, you want the best possible team of criminal defense attorneys in your corner to advocate for all your legal interests.

      The knowledgeable Akron domestic violence defense lawyers at Patituce & Associates, LLC can review the circumstances of your arrest with you and develop a plan of action for achieving a favorable result in your case.

      Our attorneys have a combined 70-plus years of experience successfully defending individuals against their pending criminal charges. In addition, three of our legal team members were former prosecutors. As a result, we know how prosecutors build their cases and the types of evidence they use to secure a conviction against a criminal defendant. We use this knowledge to our advantage when representing and defending our clients.

      In a criminal domestic violence matter, we can investigate the circumstances surrounding your case and uncover potential reasons or motivations for false allegations.

      We can also examine any physical evidence the prosecution plans to introduce, identify additional evidence that might refute the alleged victim’s version of events, and challenge the evidence the prosecution intends to present against you.

      Our legal team can also present you with a straightforward assessment of your criminal case and your chances of success.

      Finally, we will explain your legal rights and options and guide you to make informed and intelligent decisions throughout your case. For example, we can raise a robust legal defense at a criminal bench or jury trial in your case or negotiate a favorable plea deal with the state prosecutor handling your case.

      Our office is conveniently in Downtown Akron at 520 South Main Street, Suite 2511, Akron, OH 44331. Let us secure the best possible result in your pending domestic violence case.

    • What Are the Possible Penalties for a Domestic Violence Conviction in Ohio?

      Many criminal offenses may comprise a domestic violence charge, including assault and battery. Therefore, the potential penalties that an individual may face for a domestic violence conviction will depend on the specific criminal charge that they are facing.

      Additionally, for you to even receive penalties on a crime of domestic violence, the state prosecutor must first satisfy their legal burden of proof beyond a reasonable doubt and secure a conviction against you.

      If the prosecutor cannot meet even one legal element of the underlying criminal charge, they should not obtain a conviction against you.

      In that instance, the court may dismiss your entire criminal case.

      If the court does convict you, you may face significant penalties:

      • If an individual receives a conviction on a first-time offense that involves a threat of physical force, they can incur second-degree misdemeanor penalties, including a maximum of 30 days of incarceration and a monetary fine of $250.
      • A first-time offense that involves some degree of physical harm can lead to first-degree misdemeanor penalties, including a maximum of 180 days of incarceration, along with a maximum of five years on probation and a monetary fine of $1,000.
      • If an individual receives a conviction on a first-time offense that involves an attempt to cause physical harm to someone else, they can receive first-degree misdemeanor penalties, including a maximum of 180 days in jail, a maximum of five years of probation, and a monetary fine of $1,000.
      • A second or subsequent domestic violence offense is a Felony. Upon conviction, the accused can receive a maximum prison sentence of eight years.
      • If the accused receives a conviction for a first-time protective order violation, they can incur first-degree misdemeanor penalties, including a maximum of 180 days in jail, a maximum of five years on probation, and a $1,000 monetary fine.
      • Finally, a second or subsequent protective order violation can incur fifth-degree felony penalties, including a maximum of one year in jail and a maximum monetary fine of $2,500.

      In addition, a domestic violence conviction may prevent the accused from working in certain occupations. You cannot expunge these convictions.

      A domestic violence offender may also experience numerous collateral consequences upon conviction. First, they may have trouble getting admission to an educational program at a vocational school, college, or university. Additionally, if they currently receive scholarship funding or other financial aid, their school may cut off that funding.

      In addition, a convicted domestic violence offender may lose the right to spend time with certain family members, including their children. This is especially true if they are subject to a protective order.

      A convicted domestic violence offender may also have difficulty finding a place to live or finding/keeping a job. Finally, domestic violence offenders will likely suffer harm to their reputation in both their personal and professional communities.

      If you recently sustained a conviction or guilty finding on a criminal domestic violence charge, our legal team can represent you before a judge at your criminal sentencing hearing. We can argue for the lightest possible penalty on your behalf and emphasize your potential lack of a criminal record or connections to the community. We can also work to lessen or entirely eliminate the collateral consequences you may experience following your domestic violence conviction.

    • What Is a Domestic Violence Charge in Ohio?

      Domestic violence encompasses several criminal offenses in Ohio.

      Under Ohio law, domestic violence refers to harming a family member or household member.

      A household member may include:

      • Your former spouse or current spouse
      • A romantic partner who resides with you
      • A foster parent
      • A natural parent
      • A child
      • Someone who is related to you by marriage or blood
      • Some other family member who lives with you


      Also, for purposes of domestic violence law in Ohio, a family member is an individual with whom you are currently in a co-parenting relationship.

      Under Ohio criminal law, you can face a domestic violence charge if one of these individuals accuses you of taking one or more of the following actions:

      • Causing severe physical harm to them in a reckless manner
      • Knowingly bringing about or attempting to bring about some type of physical harm
      • Making a threat of force that causes the alleged victim to believe that you will bring about imminent physical harm to them

      If you are currently pending one or more domestic violence charges, seek the experienced defense you need immediately. The Akron domestic violence defense attorneys at Patituce & Associates, LLC can review your domestic violence charge with you and develop a plan of action for your case.

    • What Is a Domestic Violence Protective Order?

      If a current or former household member accuses you of domestic violence, they may petition the court for a protective order. As part of a protective order, a judge may order you to have no contact with the alleged victim (the subject of the protective order). Depending on the circumstances, a judge may also order you to have no contact with your minor child or children.

      The term no contact refers to contact of any sort, including in-person and electronic contact, such as by phone call, text message, email, or other forms of electronic communication.

    • You may have several legal options if you are currently pending domestic violence charges in Akron.

      First, we can raise one or more legal defenses on your behalf at trial. Although, as the criminal defendant, you do not have to establish a legal burden of proof at trial (or even testify on the witness stand at all), we can advance a solid legal defense on your behalf.

      A successful defense may prohibit the state prosecutor from totally satisfying their legal burden of proof. As a result, the court may dismiss your domestic violence case.

      Some of the most common defenses that individuals may raise in response to a domestic violence criminal charge include:

      • Self-defense, where the accused individual uses a proportionate amount of force to what the alleged victim used against them, and where the accused was not the initial aggressor
      • Motive, where the alleged victim had a reason to accuse the defendant of domestic violence, such as a divorce situation where the alleged victim wants child custody
      • Alibi, where the accused individual can demonstrate that they were somewhere else at the time the alleged offense occurred

      Our legal team can determine if you may raise one or more defenses at your criminal court trial. If so, we can advance the defense on your behalf and pursue a complete dismissal of your pending case.

      We can negotiate a favorable plea deal with the state prosecutor as an alternative to taking your case to trial. As part of a plea deal, a state prosecutor typically agrees to a period of probation or a reduced criminal charge in exchange for a guilty plea from the accused person.

      If the accused individual accepts the plea deal and pleads guilty to a criminal offense, they give up certain legal rights, including their constitutional right to a trial by jury, as well as their right of appeal. In addition, the accused individual must put their plea deal on the record in open court and inform the judge they agree to the deal freely, willingly, and voluntarily.

      Our legal team can determine if accepting a plea deal from the state prosecutor is the best option for your case or whether you should take your case to trial and advance a solid legal defense.

    • Steps to Take Following an Arrest on a Domestic Violence Charge

      Following an arrest on a domestic violence charge, invoke your right to the presence of legal counsel during questioning. That way, the police officer has to stop questioning you until you consult an attorney.

      In addition, retain copies of important documents, including police reports and charging documents. Finally, call us to represent you as quickly as possible so that we can appear on your behalf in your criminal case.

  • AKRON assault

    • Why Choose Us to Represent You in Your Criminal Assault Case?

      Given the potential penalties you can face upon conviction, you want the best possible team of attorneys representing you and defending you against your criminal assault charge. When it comes to thoughtful, result-oriented legal representation, you should look no further than the Akron assault defense attorneys at Patituce & Associates, LLC.

      Our knowledgeable legal team has a strong track record of successfully defending individuals against pending criminal charges, including assault charges. In addition to our lawyers successfully defending accused individuals for a combined 70-plus years, three of our team members were once state prosecutors. As a result, we thoroughly understand how prosecutors build their cases against accused individuals and use that knowledge to our clients’ advantage.

      Once we enter an appearance on your behalf, we can start aggressively fighting for your legal rights. Specifically, we can further your interests by preparing a solid legal defense to your criminal assault charge and representing you at your criminal bench or jury trial. Alternatively, we can work with the state prosecutor to pursue a favorable plea deal on your behalf.

      Our office is in Downtown Akron at 520 South Main Street, Suite 2511. We represent criminal defendants in the Akron area and throughout Ohio.

      Let us achieve the best possible result in your pending criminal case. We know the criminal justice system does not work in your favor as a defendant, but you can trust our firm will have your best interests and constitutional rights in mind.

    • Potential Penalties for an Akron Assault Conviction

      For you to incur criminal penalties on an assault charge, the state prosecutor handling your case will first need to satisfy every legal element of your case. In addition, they must prove their case beyond a reasonable doubt, which is a very high legal standard to satisfy. If the state prosecutor can meet their burden, then a sentencing judge will have a duty to impose various penalties against you following statutory minimums and maximums.

      The potential legal penalties that you may incur for an assault conviction will depend upon the assault charge you face.

      • If you face a conviction for simple assault, you can receive 180 days of incarceration and a $1,000 monetary fine.
      • A conviction for aggravated assault can lead to six years of incarceration and a monetary fine of $ 5,000.
      • A conviction for negligent assault can result in 60 days of incarceration and a $500 fine.
      • If you ultimately sustain a conviction for second-degree felonious assault, you can receive 12 years of incarceration and a $15,000 fine.
      • Upon conviction for first-degree felonious assault, you can receive 16.5 years in jail and a monetary fine of $20,000.
      • A conviction for menacing can result in 70 days of incarceration, along with a $250 monetary fine.
      • If you sustain a conviction for vehicular assault, you can receive 18 months of jail time.
      • A conviction for vehicular manslaughter can result in 90 days of jail time.
      • A conviction for aggravated vehicular assault can lead to five years in jail.

      In addition to these potential legal penalties upon conviction, you can face numerous collateral consequences. For example, if you have an assault conviction on your record, you might have difficulty finding a place to live in the area. Additionally, you may have trouble finding or keeping a job or gaining admission to an educational program, such as at a college or university.

      These difficulties often arise when landlords, employers, and educational institutions perform criminal background checks on applicants. If they encounter an assault conviction on the applicant’s record, they may deny the application.

      In addition to these potential collateral consequences, an individual with an assault conviction on their record can face significant harm to their personal and professional reputation in the community.

      By avoiding an assault conviction in the first place, you will not have to worry about any potential penalties or collateral consequences. However, suppose you ultimately sustain a conviction on your criminal assault charge. In that case, our legal team can represent you at your sentencing hearing and argue for the most minor penalty. We can also work to lessen the collateral consequences you might face upon conviction.

    • Types of Criminal Assault Charges in Ohio

      Ohio recognizes several assault charges:

      • The first type of assault is simple assault. This charge arises when an individual recklessly or knowingly brings about (or attempts to) some type of physical harm to another person or a fetus. When various aggravating factors do not exist, this is the default assault charge.
      • Ohio recognizes the crime of aggravated assault. The definition of this offense is essentially the same as simple assault. However, the accused must have committed the offense using a dangerous ordnance or a deadly weapon.
      • An individual can face criminal charges for negligent assault if they negligently use a dangerous ordinance or weapon and bring about some type of physical harm to another individual or fetus.
      • Felonious assault charges result when an individual intentionally and knowingly uses dangerous ordnance, transmits AIDS, or brings about some type of severe physical harm to someone else.
      • A criminal assault charge for menacing arises when an individual knowingly causes someone else to feel threatened that either themselves or a family member will suffer physical injuries at the hands of the accused.
      • A vehicular assault charge may arise when an individual uses a vehicle as a weapon to harm someone else.
      • Criminal charges for aggravated vehicular assault can happen when the alleged victim suffers one or more serious physical injuries.
      • A vehicular manslaughter charge can arise when the accused individual commits some minor misdemeanor traffic offense but accidentally brings about another individual’s untimely death.

      If you are currently pending one or more of these criminal assault charges in Akron, you need to reach out to a skilled and experienced Akron criminal defense attorney immediately.

      At Patituce & Associates, LLC, our legal team can meet with you to discuss the circumstances surrounding your criminal charge and arrest and determine the best legal options for defending against your pending charge.

    • Successfully Defending Against a Pending Criminal Assault Charge

      In response to a pending criminal assault charge, you can raise one or more legal defenses. If a defense is successful in court, it might work to negate one or more legal elements of the prosecution’s case, resulting in a complete dismissal of your charge.

      You must also remember that in a criminal case involving assault, the accused individual does not need to satisfy any legal burden of proof. Rather, the entire legal burden rests with the state prosecutor handling the case.

      Moreover, the accused does not need to take the witness stand or testify in their own defense. The accused individual’s Fifth Amendment constitutional right protects them against self-incrimination.

      Some of the most common defenses that may prevent the prosecutor from establishing their legal burden of proof in an assault case include:

      • Self-defense, where the accused individual was not the initial aggressor, and they used an amount of force that was proportionate to the force that the alleged victim used against them
      • Defense of others, where an individual uses a proportionate amount of force to defend someone else
      • Alibi, where the accused individual was not present on the date or at the time of the alleged assault incident
      • Mistaken identity, where the accused individual can show that the alleged victim misidentified them as the assailant
      • Constitutional violations, such as where an accused individual asserted their Fifth Amendment right to the presence of legal counsel during a custodial interrogation, yet the police officer continued to question them.

      Our legal team can determine if you may be eligible to raise one or more of these legal defenses in response to your criminal charge. If you qualify, we can assert the proper legal defense on your behalf at trial and pursue a complete dismissal of your pending assault charge.

    • Plea Deals in Criminal Assault Cases

      Instead of taking your assault case to a criminal court trial, we can negotiate a favorable plea deal with the state’s attorney handling your case. Some prosecutors are more willing to agree to a plea deal arrangement if they are not confident in securing a conviction against the accused at trial.

      As part of a plea deal, the accused pleads guilty to some criminal offense in exchange for one or more concessions from the state prosecutor. For example, as a concession for a guilty plea, the prosecutor might reduce the pending assault charge from a felony down to a misdemeanor. Alternatively, they might agree to probation, allowing the accused individual to escape a conviction if they successfully complete all of their probationary terms.

      Our legal team can advise you on the pros and cons of accepting a pending plea deal from the prosecutor, given the facts and circumstances of your charge. By agreeing to a plea deal, you give up certain legal and constitutional rights, including your right to a jury trial, under the Sixth Amendment to the United States Constitution, and your right of appeal.

    • Steps to Take After an Arrest for Criminal Assault

      After the police arrest you, do not answer any questions until you consult your lawyer. If you invoke your right to the presence of legal counsel and the officer continues to question you, your lawyer can work to suppress any incriminating statement you make.

      Additionally, after an arrest for criminal assault, do not contact the alleged victim – in person, electronically, or otherwise. This is especially true if the judge grants a protective order in favor of the alleged victim prohibiting this type of conduct. If you contact the alleged victim after a judge enters a protective order against you, police can re-arrest you for violating your protective order.

      Finally, consult our Akron assault defense lawyers as quickly as possible after your arrest. Our legal team can enter an appearance in your case and begin safeguarding your legal rights immediately. We can also start exploring potential legal defenses in your case and represent you in all legal proceedings in court.

  • AKRON criminal

    • We know you have many options when securing legal representation in a criminal case. The skilled Akron criminal defense lawyers at Patituce & Associates, LLC can meet with you right away to review your pending criminal charges and explore all available legal options.

      Sometimes, that might mean formulating a robust legal defense to your pending criminal charge. It might also mean arranging a favorable plea deal with the state prosecutor.

      Unlike many criminal defense law firms, our legal team is unafraid to take your case to a criminal bench or jury trial. Our lawyers have tried over 200 cases in front of a jury. We know how to obtain the evidence you need and advocate a solid legal defense to secure a case dismissal on your behalf.

      In addition, three of our legal team members were once state prosecutors. Consequently, we thoroughly understand how prosecutors build their cases and tactics against criminal defendants. We use that knowledge and experience to our client’s advantage when taking cases to trial and negotiating favorable plea deals on their behalf.

      In addition, we can serve as your support system, protecting your future, carefully examining the facts and circumstances of your case, and aggressively representing you at all criminal court proceedings – including a trial or sentencing hearing.

      Our office is conveniently located in downtown Akron at 520 South Main Street, Suite 2511. Let us obtain the best possible result in your criminal case right away.

    • What Are the Potential Penalties Upon Conviction for a Criminal Offense in Ohio?

      One way you can incur penalties in a criminal case is for a state prosecutor to secure a conviction against you. For the prosecutor to obtain a guilty finding or conviction in a criminal case, they must satisfy their legal burden beyond a reasonable doubt. If they can do this, you may face numerous harsh penalties.

      Criminal offenders may be subject to severe penalties for felony and misdemeanor convictions. In addition to the potential legal penalties upon conviction, an individual may experience numerous collateral consequences, including loss of a driver’s license in a DUI case up to mandatory registration as a sex offender in a sex offense case.

      The ultimate penalties a convicted offender will receive depend upon various factors, including the pending criminal charge, their prior criminal history, and their case’s specific facts and circumstances.

      Some of the most common penalties that an individual may receive upon conviction include:

      • Incarceration in a jail
      • High monetary fines
      • Probation
      • Community service
      • Mandatory drug and alcohol rehabilitation
      • Mandatory installation of an ignition interlock device (IID) on their vehicle (such as for a DUI conviction)
      • Required sex offender registry (for a sex offense conviction)
      • Loss of a driver’s license for driving-related offenses

      In addition to these potential legal penalties for a criminal conviction, you may experience numerous collateral consequences that affect your life and your relationships with others.

      Some of those possible collateral consequences include:

      • Difficulty gaining admission to an educational program at a vocational school, university, or college
      • Loss of financial aid or scholarship funds from an educational institution
      • Limited or no contact with family members, including children, if the court enters a protective order against you
      • Inability to find or keep a job
      • Inability to find a decent place to live
      • Harm to one’s personal and professional reputation in the community

      If you ultimately incur a criminal conviction in Akron, we can represent you at your sentencing hearing before a judge. At that hearing, we can advocate for your legal rights and pursue the lowest possible penalty in your case. We can also work to eliminate, or at least lessen, the collateral consequences you may experience upon conviction.

    • Types of Criminal Cases in Akron

      The experienced team of Akron criminal defense lawyers at Patituce & Associates, LLC represents individuals in a wide variety of cases, including both felonies and misdemeanors.

      Throughout our representation, we can prepare a favorable legal strategy for you and your case. We can also gather evidence on your behalf and inform you about potential legal defenses you may raise at your criminal court trial.

      Some of the most common Ohio criminal charges for which we represent accused individuals in Akron include:

      • Driving under the influence of alcohol, or DUI, where a passenger vehicle driver allegedly operates a vehicle with a blood alcohol concentration (BAC) of at least 0.08 percent
      • Traffic tickets, where a police officer issues a citation to a driver for various offenses, including running a red light, texting while driving, speeding, or operating a vehicle without a driver’s license or insurance, leading to potential monetary fines and other penalties
      • Drug crime charges, including those that involve drug trafficking, aggravated trafficking, possession, possession of drug paraphernalia, and cultivating marijuana or manufacturing a controlled substance
      • Weapons charges, including those under both federal and state law, that involve possessing a firearm or discharging a firearm in public
      • Juvenile crimes, where the offenses may be subject to prosecution through the juvenile justice system (which focuses on treatment and rehabilitation for the offending juvenile), or where the offense may proceed through the adult criminal court system if it is severe enough
      • Child pornography charges, including those that fall within both state and federal laws, that prohibit individuals from distributing, possessing, making, or accessing visual media showing minors engaged in sexual activity
      • Arson, where an individual allegedly causes an explosion or fire that may harm an individual’s property without that individual’s consent or brings about an explosion or fire to someone’s own property (or someone else’s property) for purposes of committing insurance fraud
      • Homicide offenses, including those that involve voluntary manslaughter, aggravated murder, murder, negligent homicide, involuntary manslaughter, aggravated vehicular manslaughter, or reckless homicide
      • Criminal sex offenses, including those that involve sexual acts, such as sexual battery, rape, public indecency, or unlawful sexual contact with a minor

      In addition to the above-referenced criminal offenses, we represent individuals in white-collar crimes, federal crimes, assault offenses, theft crimes, and domestic violence offenses.

      If you are facing any of these criminal charges, you need to reach out to legal counsel immediately about your options.

      The Akron criminal defense lawyers at Patituce & Associates, LLC can meet with you about your criminal charge right away and develop a plan of action for moving your case forward successfully and achieving a favorable result.

    • Potential Defenses to a Criminal Charge in Akron

      In any Ohio criminal case, the state prosecutor has the sole legal burden of proof. As the criminal defendant, you do not need to establish any legal elements or prove anything in your case.

      You do not need to take the witness stand at your criminal bench or jury trial. However, we can raise one or more legal defenses on your behalf at a court proceeding. These defenses may work to negate the prosecutor’s ability to satisfy their legal burden of proof.

      If your legal defense succeeds, you may avoid a criminal conviction.

      Our legal team can investigate your situation and gather the necessary evidence to build a compelling case. Potential evidence we can use at trial includes medical records, witness statements, police reports, video footage, and pictures of the incident scene.

      Common legal defenses that we can raise on your behalf at trial include:

      • Constitutional violations, including violations of your Fourth Amendment right against unreasonable searches and seizures and your Fifth Amendment right against self-incrimination
      • Lack of possession over an illegal item, such as a firearm or drug
      • Mistaken identity, meaning that the alleged victim mistakenly identified you as the perpetrator
      • Alibi, meaning that you were somewhere else at the time the alleged offense occurred
      • Self-defense, meaning that you used a proportionate amount of force to what the alleged victim used against you, and you were not the initial aggressor

      Our legal team can determine if you may raise one or more of these legal defenses at your criminal court trial. If so, we can aggressively fight to completely dismiss your pending criminal charge.

    • We can take several necessary steps on your behalf in response to a pending criminal charge.

      First, we can determine if you may argue a legal defense at your criminal court trial. Many legal defenses operate as a complete defense. Consequently, if the judge or jury accepts your defense, they may dismiss your entire case.

      At other times, we can negotiate a plea deal with the state prosecutor in your case. Most criminal cases, between 95 and 98 percent, in fact, resolve through a plea deal. However, you may not want to accept a plea deal, especially if you have a solid legal defense to your pending criminal charge.

      In a plea deal arrangement with the state prosecutor, the prosecutor typically offers one or more concessions in exchange for a guilty plea from the accused individual.

      For example, if the accused person agrees to plead guilty, the prosecutor might reduce the pending criminal charge from a felony down to a misdemeanor, resulting in lesser penalties. Alternatively, the prosecutor might offer the accused individual a probation period, allowing them the chance to escape a conviction if they complete all of their probationary terms successfully.

      However, the accused gives up certain legal rights by agreeing to a plea deal. First, they waive their right to a trial by a jury of their peers. Additionally, they give up their right to an appeal.

      If the accused decides to accept a plea deal from the state prosecutor, they will need to appear at a hearing in front of a judge. They must also state on the record that they agree to accept the plea deal freely and voluntarily – and that no one coerced them into accepting it.

      Our legal team can weigh whether accepting a pending plea deal from the state’s attorney handling your case makes sense.

    • Steps to Take Following an Arrest

      If a police officer arrests you for a criminal offense, invoke your right to the presence of legal counsel during any custodial interrogation. If the police officer continues to question you, and you say something incriminating, the judge may suppress those statements.

      Additionally, retain copies of various import documents, including police reports, charge papers, and citations. Once we enter an appearance in your case, forward those documents to us so we can review them.

      Finally, seek out an experienced attorney to represent you as quickly as possible after your arrest. If you wait until shortly before your court date to secure legal counsel, the attorney may not have sufficient time to prepare for your case and represent you at trial. Your lawyer needs time to speak with witnesses, review documents, and strategize your defense well before trial.

      Moreover, if you show up to your criminal court trial without a lawyer, the presiding judge can make you proceed with your case without an attorney present.

      Our legal team can enter an appearance in your case right away and begin advocating for your legal rights and interests.

  • Criminal Defense FAQ

    • While each case is associated with fairly standard fees, our team of experienced Cleveland criminal defense attorneys provides our clients with favorable payment options to ensure they get the legal counsel necessary to help them obtain the most favorable results. Yet, we cannot calculate an exact fee until we review your case and determine all your legal options.

      For instance, a client who is attempting to fight the criminal charges against him/her will be charged a different fee compared to a client who wishes to plead “no contest.” Before we get started on your case, you will know the up-front costs of our services and we will work with you to take care of our fees.

    • Is There Anything I Must Know About My Arrest?

      The following are the most important things you need to know when you are arrested:

      • According to your Fifth Amendment right, you have the right to remain silent. Anything you say can and will be used against you in court.
      • Properly identify yourself to authorities.
      • If you are falsely accused of a crime, adamantly deny such allegations.
      • Ask for your lawyer.
      • Clearly state that you wish to exercise your Fifth Amendment right to remain silent and inform law enforcement officials that you will cooperate with the investigation after consulting with your lawyer.

      If your loved one has been arrested, please do not discuss the details of their case over the phone. All phone conversations are recorded and may lead to facing criminal charges of your own.

    • Should I Answer Every Question Law Enforcement Officials Ask Me?
      No, you have the right to remain silent. However, you must provide your name and identifying information to the police.
    • Why Should I Exercise My Right to Remain Silent?
      As we mentioned before, anything you say can and will be used against you before hiring a lawyer or stepping foot inside a courtroom. Although you may believe that this could be an opportunity to clear your name, you may mistakenly incriminate yourself.
    • If I Don’t Cooperate with the Police, Won’t They Be Angry?
      Although officers may appear angry about your lack of cooperation, most of them understand and respect your right to remain silent. Keep in mind, even mere small talk can be used to get you to say something that may incriminate you, so avoid answering any type of question until your lawyer arrives. When you exercise your Fifth Amendment right, you must inform law enforcement officials that you are willing to cooperate with the investigation until your attorney is present.
    • What Should I Do If Law Enforcement Officials Ask to Speak to Me, My Spouse, or My Child?
      Before you are arrested or charged with a crime, the police may ask you or your family to come in to speak to them. If this is the case, you need to call your lawyer first and ask him/her to either attend the meeting with you or advise you on what to do. At Patituce & Associates, LLC, we are available to accompany our clients to these interviews—but only if the interview is in their best interest.
    • What Should I Do If There Are Officers at My Door with a Search Warrant?

      Remember to always be polite to law enforcement officials, so avoid yelling, swearing, or otherwise making any statements. Politely ask them to present a copy of the search warrant they have and request a copy for yourself. If they don’t have a warrant, politely tell them you will reach out to your lawyer and let them know you will get back to them.

      Don’t sign anything until you first consult with your lawyer. For the most part, when the police have a search warrant, they would already present the search warrant to you or have you arrested.

    • While I’m Being Questioned by the Police, Can They Lie to Me?

      Yes. It is not uncommon for investigators to lie to you in order to get you to say something incriminating. For example, if you and another person were arrested at the same time, the police may lie and tell you that the other individual is going to blame the alleged offense on you if you don’t tell them your side of the story. Again, exercise your Fifth Amendment right and wait until your attorney is present before speaking to the police.

    • Is Pleading “No Contest” a Good Idea?

      This is not a good idea in most cases. The only plea you should enter is “not guilty” to give you an opportunity to hire a lawyer and assess all the evidence against you. In fact, it is imperative to obtain legal counsel as soon as you are arrested or learn that you are under criminal investigation.

      Our legal team at Patituce & Associates, LLC can speak to the police officers in charge of your investigation, meet with the prosecutors who are handling your case, assess all the evidence against you, and provide an effective and personalized defense strategy to protect your rights and freedom throughout the legal process.

    • What Should I Do If the Police Promise to Help Me Out If I Agree to Work with Them?
      You must understand that cooperating with law enforcement officials may not be in your best interests, especially if they need help arresting other individuals by asking you to make a transaction or wear a wire. We will gladly meet with the police on your behalf.
    • What Do I Do If I Learn that the Alleged Victim is Lying After Reading the Police Report?
      Although you may feel compelled to tell your truth and defend yourself, you could possibly incriminate yourself in the process by giving the police too much detail. You need to hire a lawyer to immediately start defending you against such false allegations.
    • How Do I Schedule an Appointment with Patituce & Associates, LLC?
      Call (440) 771-1175 right away. You can meet us at our office outside of traditional times. For instance, you can either meet with us before work, in the evening after work, or on the weekend.
  • Fraud TOC

    • Medicaid Fraud (O.R.C. 2913.40)

      Physicians face pressures from every direction and with states like Ohio moving to advanced data analytics tools to find irregularities in Medicaid billing, it’s easier than ever for mistakes to be misconstrued as crimes.

      Like all fraud crimes, Cleveland prosecutors will grade a Medicaid fraud charge based on the value of the fraud.

      If the fraud resulted in gains for the perpetrator of less than $1,000, you will be charged with a first degree misdemeanor, which can result in a jail sentence of up to six months. You’ll also face fines and restitution costs. When you gained between $1,000 and $7,500, the charge rises to the felony level. As a fifth degree felony, conviction can lead to a one year jail sentence. When the gains were between $7,500 and $150,000, you’ll be charged with a fourth degree felony and face up to 18 months in prison, plus enormous financial penalties. For amounts higher than $150,000, you may face 5 years in prison if convicted of this third degree felony.

    • Defrauding Creditors (O.R.C. 2913.45)

      When a creditor has a legal right to obtain assets or property, it is a crime in Ohio to hinder their ability to recover it. Similarly, if you provide false statements or misrepresent financial data or property to a trustee or other fiduciary appointed to manage financial affairs, you are in violation of defrauding creditors.

      • Penalties are based on the value, according to this schedule:
      • Less than $1,000: First degree misdemeanor, up to 180 days in jail
      • $1,000-$7,500: Fifth degree felony, 6-12 months in jail
      • $7,500-$150,000: Fourth degree felony, 6-18 months in prison
      • $150,000 or More: Third degree felony, 9 months to 5 years in prison
    • Insurance Fraud (O.R.C. 2913.47)

      When prosecutors in Cleveland charge insurance fraud, it means they believe they can prove you knowingly provided a false or deceptive statement to an insurance company in support of a fraudulent claim—or that you assisted or conspired with another to do so. As a base charge, insurance fraud in Cleveland is charged as a first-degree misdemeanor, with a maximum sentence of six months and $1,000 in fines.

      In most cases the grade of your charge will be based on the monetary value of the fraud:

      • Amounts between $1,000-$7,500:
        5th degree felony, maximum sentence of 6-12 months
      • Amounts between $7,500-$150,000:
        4th degree felony, maximum sentence of 6-18 months
      • Amounts greater than $150,000:
        3rd degree felony, sentencing from 9 months to 5 years

      You will also face fines and restitution if convicted.

    • Workers’ Compensation Fraud (O.R.C. 2913.48)
      The workers’ compensation system exists to help protect people who get hurt on the job, but unfortunately, it can also be subject to abuse by workers, employers, and healthcare personnel. Those who receive benefits to which they are not entitled can be charged with workers’ compensation fraud. Similarly, employers who provide false information related to employee pay or classification or otherwise defraud the Workers’ Compensation Bureau can be charged, as can anyone who conspires to create false or fraudulent claims. Fraud and theft crimes are serious matters in Cleveland—and conviction of workers’ compensation fraud can carry lengthy prison sentences, particularly as the scope of the fraud increases. At Patituce & Associates, LLC, our criminal defense lawyers protect our clients from exposure to criminal sanctions and fight back against the charges against you.
    • Identity Fraud (O.R.C. 2913.49)
      Using another person’s identifying information (such as their name, Social Security number, or driver’s license) to hold yourself out as the other person or pass that identifying information off as your own is prosecuted as identity fraud. The statute makes it a crime to use another person’s identifying information to perpetrate fraud or to authorize another to use your own identifying information in a scheme to defraud. Identity fraud is a felony with punishment scaling as the value of the fraud increases. As a base charge, penalties for a fifth degree felony carry a maximum sentence of a year in jail, but as the scope of the fraud rises, so do potential sanctions. For values over $150,000, identity fraud is a second-degree felony carrying a maximum of 8 years in prison.
  • Extortion TOC

    • What is Extortion?

      Extortion is a criminal act that involves obtaining money, property, services, or some other benefit from another person through coercion. The coercion can take many forms, including threatening to reveal embarrassing, disgraceful, or harmful information about someone or threatening physical harm to the victim or someone close to the victim.

      Extortion is often grouped under the bracket of “white collar crimes,” or non-violent crimes typically committed by business or government professionals. These offenses are typically characterized by deceit, concealment, or breach of trust and are often motivated by financial gain. In the legal context, extortion is often classified as a theft offense because it involves unlawfully taking something of value from another. The key element that distinguishes extortion from robbery or other forms of theft is the use of threats or intimidation to gain compliance.

      Extortion can occur in various situations and contexts. It may involve demands for money in exchange for protection, threats to damage property unless paid, or blackmail involving personal or private information. The threats used in extortion can be explicit or implicit and may be conveyed verbally, in writing, or even through non-verbal means.

      The laws governing extortion vary between jurisdictions, and the penalties can range widely depending on the severity of the threat, the value of what is demanded, and other factors. Both state and federal laws may apply, and the legal definitions and requirements may differ accordingly.

      An attempt to commit extortion, even if unsuccessful, may still constitute a criminal offense. If you are accused of extortion or a related crime, it is crucial to consult with an experienced criminal defense attorney who understands the specific laws and regulations that apply in your jurisdiction.

    • Different Types of Extortion

      Extortion is a complex and multifaceted crime that can take many forms. While the core concept revolves around obtaining something of value through coercion, threats, or intimidation, there are various methods and situations where extortion can occur. Some common types of extortion include:

      • Blackmail: Often considered a form of extortion, blackmail involves threatening to reveal embarrassing, disgraceful, or harmful information about someone unless certain demands are met, usually involving payment of money.
      • Protection Extortion: This type of extortion occurs when an individual or group makes demands or receives payment in exchange for protection from harm. It’s often associated with organized crime, where businesses might be forced to pay “protection money” to avoid damage or disruption.
      • Commercial Extortion: This involves threats to a business or its reputation. It may include threats to expose business secrets, harm the business’s reputation, or physically damage the business property unless demands are met.
      • Cyber Extortion: This modern form of extortion involves threats to damage or disable a person’s or organization’s computer systems or to release sensitive information unless payment is made. Ransomware attacks are a common example of cyber extortion.
      • Public Officer Extortion: This involves a public officer using their position to obtain money or other benefits unlawfully. For example, a government official might demand a bribe in exchange for a favorable decision.
      • Loan Shark Extortion: Individuals or groups who lend money at exorbitant interest rates might use threats or violence to ensure repayment, effectively turning the lending and collection process into an act of extortion.
      • Legal Process Extortion: This involves threatening to take legal action, such as filing a lawsuit unless demands are met. While it is legal to threaten legal action if it’s done in good faith, it becomes extortion if there is no valid legal claim and the sole intent is to coerce payment.
      • Sexual Extortion: This type of extortion also overlaps with other sex crimes and typically involves threats to release sexually explicit images or information unless the victim complies with demands, often involving more images or sexual favors.

      These various forms of extortion are treated with gravity in the legal system and can lead to severe penalties if convicted. The laws and penalties can vary depending on the jurisdiction, nature of the threats, value involved, and other factors. If you are facing charges related to any form of extortion in Ohio, it is imperative to consult with experienced criminal defense lawyers, like our team at Patituce & Associates, to ensure your rights are protected.

    • Ohio Law and Extortion (ORC 2905.11)
      Using threats to obtain money or property or cause a person to do something is a violation of Ohio’s extortion statute (O.R.C. 2905.11). Prosecutors can charge you if you threaten to commit harm to someone or threaten to reveal information about them that can cause them harm. Menacing to achieve an end is also considered a form of extortion. Extortion is a third-degree felony with the potential penalty of prison time of up to five years.
    • Is Extortion a Federal Crime?

      In addition to being a crime under Ohio’s state laws, extortion can also be prosecuted as a federal offense. Under the Hobbs Act (18 U.S.C. § 1951), federal prosecutors can charge individuals who interfere with commerce by using robbery or extortion. The act can apply whether or not the alleged perpetrator has a connection to interstate commerce, giving federal authorities broad jurisdiction to prosecute extortion cases.

      The penalties for violations of federal law can be even more severe than those at the state level. A conviction under the Hobbs Act can result in up to 20 years in federal prison. Moreover, fines and restitution may also be imposed, potentially leading to significant financial burdens.

      Being charged with a federal crime is a serious matter, and the federal court system operates differently from the state courts in Ohio. If you are facing federal extortion charges, it is essential to work with an attorney who is experienced in handling federal criminal cases.

    • Penalties for Extortion in Ohio
      Extortion is the use of threats to obtain something from another and is often tied to financial crimes. By itself, extortion is a third-degree felony. When extortion is tied into other charges, you may be looking at a complicated case that will be prosecuted under organized crime statutes, where the terms of imprisonment and fines are extreme.
    • Jail Time for Extortion Charges

      For a third-degree felony in Ohio, the potential prison sentence ranges from 9 to 36 months, with a maximum possible prison time of up to 5 years. The exact length of the sentence can depend on various factors, such as the nature and severity of the threat, the value of the property or money involved, whether a weapon was used, and the defendant’s prior criminal record.

      Additionally, a conviction for extortion can lead to other serious consequences beyond imprisonment. These may include fines, probation, restitution to the victim, community service, or mandatory participation in counseling or educational programs.
      Whatever the scale of your charges, a felony record in Cleveland will lock you out of jobs, educational opportunities, housing, and more. You have to fight back against charges like extortion, and your best hope of success comes when you work with an experienced Cleveland criminal defense attorney.

    • How Can Our Cleveland Extortion Lawyers Help You?

      If you are facing criminal charges related to extortion, you should not hesitate to contact our firm today:

      • We have two former prosecutors on the team.
      • We have more than three decades of experience.
      • We have taken two hundred different cases to trial.
      • We have a reputation for excellence in our local community.
    • How Can I Find an Extortion Attorney Near Me?

      At Patituce & Associates, our team of former prosecutors knows both sides of how a case is constructed and can present the highest quality defense. Talk to an experienced Cleveland extortion attorney for free at one of our convenient offices in North Olmsted, Independence, Beachwood, or Downtown.

  • White TOC

    • What Are White-Collar Crimes?

      White-collar crimes refer to non-violent offenses committed for financial gain, typically in business or professional settings. These crimes can include fraud, embezzlement, insider trading, identity theft, and money laundering. Unlike violent crimes, white-collar crimes often involve deceit and are carried out by individuals or organizations in positions of trust. In Ohio, such offenses are taken seriously and can lead to significant legal consequences, including fines and imprisonment. Due to their complexity, these crimes often require specialized legal expertise for both prosecution and defense.

    • ORC 2913.31 Forgery Laws

      While many white collar crimes are prosecuted as misdemeanors, it is considered especially egregious when a person forges the signature of another in order to legitimize a document like a check or other instrument. Forgery in this manner is a fifth-degree felony and conviction can lead to a sentence of 6 to 12 months, plus fines.

      Where financial loss occurred to another, the penalties and fines are higher. Forging identification cards or selling or distributing forged identification cards, is also prohibited under O.R.C. 2913.31. While technically a misdemeanor, a conviction of Forging Identification Cards can leave you in jail for six months and stuck with a $1,000 fine. Our Cleveland criminal defense firm specializes in defending people against forgery charges in the Cleveland area. We are experienced former prosecutors who know how to turn cases around for our clients.

    • White Collar Crime Defense Strategies in Ohio

      At Patituce & Associates, LLC, we are former prosecutors who have prosecuted everything from murder to financial crimes. As Cleveland white-collar crime attorneys, we have protected clients charged with all types of financial crimes (or white-collar crimes). These cases include defending people charged with stealing money from schools, mortgage fraud, theft from their employer, and many others.

      What’s the difference between white collar and financial crimes? Read more in our White Collar vs. Financial Crimes blog post!

      It is important to go with a lawyer looking to do more than just plead your case out. At Patituce & Associates, LLC, our Cleveland white-collar crime attorneys prepare every case as if it is going to go to trial. We do not plan to plea, but if the prosecutor offers you a deal that is too good to say no to, then we did our job.

      • Prosecutors on both the state and federal levels are incredibly focused on prosecuting people charged with white collar crimes. There are many reasons for this. Just some include:
      • They want to go after a conviction that is highly favored by the public
      • They want to achieve a victory that plays to their goals
      • They want to punish someone for just doing what it took to advance

      At Patituce & Associates, LLC, we know what it took to get to where you are at. Our Cleveland white collar crime lawyers can help. Call (440) 771-1175 for a pressure-free, no-obligation consultation regarding your case.

    • What are the Penalties for White-Collar Crimes in Ohio?
      The penalties for white-collar crimes in Ohio can vary significantly depending on the specific offense, the amount of money involved, and whether it is classified as a misdemeanor or felony. Generally, white-collar crimes can lead to substantial fines, restitution payments to victims, and imprisonment. For instance, felony convictions can result in prison sentences ranging from a few months to several years. In addition to criminal penalties, individuals convicted of white-collar crimes may also face civil suits and damage to their professional reputation, which can have long-lasting effects on their career and livelihood.
    • Are White-Collar Crimes Prosecuted at the State or Federal Level in Ohio?
      White-collar crimes in Ohio can be prosecuted at both the state and federal levels, depending on the nature of the crime and the entities involved. State prosecutors handle cases that violate Ohio's laws, such as state fraud or theft statutes. However, if the crime involves federal agencies, interstate commerce, or significant financial impacts that cross state lines, federal prosecutors may take over the case. Federal white-collar crime cases often carry harsher penalties and can involve complex investigations by agencies like the FBI, the Securities and Exchange Commission (SEC), or the Internal Revenue Service (IRS). Therefore, the jurisdiction plays a crucial role in how these cases are handled.
  • Weapons TOC

    • Defense Lawyers for Those Facing Weapons Charges

      As former prosecutors, we can tell you how seriously and aggressively, the government takes weapon crimes and the charges that come with them. Our clients face weapons charges in both state and federal court.

      Often, weapons charges come with other types of crimes:

      There are really just two different types:

      • There are crimes for having weapons (ex: assault rifles)
      • Crimes for using a weapon during the commission of a crime

      In state offenses, the use of a weapon can add years, and even decades, worth of prison time. For instance, if you are accused of drug trafficking cocaine but you have a firearm on you, the police can try to add on three additional years that are not probationable to your case. If you’re accused of firing at someone from a vehicle, you could be looking at an additional 8 years. There are other scenarios but the time quickly adds up.

    • At Patituce & Associates, LLC, our Cleveland criminal defense lawyers represent people charged with weapons crimes at both the state and federal court levels in multiple states. We understand that clients charged with weapons crimes face a tough fight; however, as we are all former Cuyahoga County prosecutors, we are ready to take on that fight.

      A good Cleveland weapons charges lawyer can be the difference between a conviction and freedom. Therefore, it is important to make sure you are going with a team of attorneys—not just one—who has the training, skill, and experience to protect you. We always recommend our clients look around when picking a firm; use the internet to look into the background of the attorney that you are talking to. A lot of attorneys might sound really great, have a flashy website, or even make outlandish promises—but you cannot hide anything on the internet these days.

      At the end of the day, you need to hire an experienced Cleveland weapons charge attorney. Call (440) 771-1175 for a pressure-free, no-obligation consultation. Ask to speak to us about your case. We handle weapons-related charges!

  • Veh Homicide TOC

    • What Are the Penalties for Vehicular Homicide in Ohio?
      The crimes of vehicular homicide, aggravated vehicular homicide, and vehicular manslaughter are defined in Section 2903.06 of the Ohio Revised Code. All three involve causing the death of another person while operating a car, truck, SUV, boat, or another motorized vehicle. The specific circumstances of the alleged offense will determine what type of charge a person faces and the penalties that may be enforced.
    • Vehicular Manslaughter

      Vehicular manslaughter is a second-degree misdemeanor that involves unintentionally causing the death of another person as a result of committing a traffic violation, such as running a red light or speeding.

      Vehicular manslaughter is punishable by up to 90 days in jail, fines of up to $750, and license suspension.

    • Vehicular Homicide

      Vehicular homicide is a first-degree misdemeanor that involves causing another’s death as a result of negligence or speeding in a construction zone. Again, this is not an intentional act. Vehicular homicide charges may come about after a fatal traffic accident caused by carelessness or a failure to act with proper care.

      This offense is punishable by up to 6 months in jail, a fine of up to $1,000, and license suspension.

    • Aggravated Vehicular Homicide

      The most serious of these three offenses, aggravated vehicular homicide is a felony. It involves a situation where a driver’s indifference or wanton disregard for the safety of others led to a fatal accident.

      There are two categories of aggravated vehicular homicide in Ohio:

      • Aggravated vehicular homicide involving reckless driving is a third-degree felony, punishable by 9 months to 3 years in prison, a fine of up to $10,000, and 3 years to lifelong license suspension.
      • Aggravated vehicular homicide involving DUI/OVI or BUI is a second-degree felony, punishable by 2 to 8 years in prison, a fine of up to $15,000, and lifetime license revocation.
  • Veh Assault TOC

    • Ohio Vehicular Assault Penalties
      A conviction of vehicular assault could range from a first-degree misdemeanor to a variety of levels of felony. Living with a felony record is difficult, to say the least. In addition to immediate legal penalties, you may be kept from higher education opportunities, housing, and employment.
    • Simple Vehicular Assault

      In simple vehicular assault, the prosecution alleges that you operated a vehicle recklessly, causing injury to another person or unborn child. Simple vehicular assault is a fourth-degree felony.

      The penalties for simple vehicular assault in Ohio can include:

      • 6 to 18 months’ incarceration
      • Up to 5 years of driver’s license suspension
      • Additional penalties (if you have priors)
    • Aggravated Vehicular Assault in Ohio
      If an individual was intoxicated at the time and this was the reason for the accident, the charge is elevated to aggravated vehicular assault, a third-degree felony. There may be other aggravating factors that elevate the charge further, such as driving with a suspended license which may result in a second-degree felony.
    • Consequences of a Vehicular Assault Conviction

      Vehicular assault is a serious offense that can have lasting consequences for those convicted. Whether the incident was caused by reckless driving, impaired driving, or other factors, the aftermath of a vehicular assault conviction can be severe.

      1. The Legal Consequences

      One of the most immediate consequences of a vehicular assault conviction is facing legal repercussions. Depending on the severity of the offense and whether there were any aggravating factors involved, individuals convicted of vehicular assault may face fines, license suspension or revocation, probation, community service, or even jail time. These legal consequences can significantly impact an individual's life and future opportunities.

      2. Financial Consequences

      In addition to the legal ramifications, individuals convicted of vehicular assault may also face financial consequences. This can include court fees, restitution to victims, increased insurance premiums, and potential civil lawsuits. The financial burden of a vehicular assault conviction can add up quickly and take a toll on an individual's finances for years to come.

      3. Emotional Consequences

      The emotional toll of being involved in a vehicular assault incident and facing a conviction can be immense. Individuals may experience guilt, shame, anxiety, depression, and other negative emotions as they come to terms with their actions and their impact on others. The emotional consequences of a vehicular assault conviction should not be underestimated and can have long-lasting effects on an individual's mental health and well-being.

      4. Impact on Relationships

      Another consequence of a vehicular assault conviction is its impact on relationships. Family members, friends, coworkers, and others may struggle to understand or accept what has happened and may distance themselves from the individual convicted of vehicular assault. Rebuilding trust and repairing relationships after such an incident can be challenging and require time and effort.

      5. Professional Consequences

      Lastly, individuals convicted of vehicular assault may also face professional consequences. A criminal record can make it difficult to secure employment in certain fields or advance in one's career. Background checks conducted by employers or licensing boards may reveal past convictions for vehicular assault and lead to missed opportunities or job loss.

    • Defense Strategies for Vehicular Assault Charges

      At Patituce & Associates, our attorneys bring over 70 years of combined experience to every case. Our team includes former prosecutors who understand the tactics used by the prosecution, giving us a unique advantage in defending against vehicular assault charges. With extensive experience in drunk driving defense, our attorneys are particularly skilled in handling aggravated vehicular assault charges involving intoxication.

      When you work with an Ohio vehicular assault lawyer at our firm, you will quickly find that your needs are our priority. We make ourselves available day and night to answer your questions and address your concerns, and we fight relentlessly to protect your rights. At Patituce & Associates, we truly believe that no case is hopeless, as evidenced by our outstanding track record of success defending all types of criminal cases in Ohio.

  • Manslaughter TOC

    • Homicide defense is about more than just showing up for trial. We actually investigate the facts.

      In each case where a client of ours is charged with homicide, our criminal defense lawyers actually take the time to investigate the set of facts that the government (the prosecutor) says constitute a homicide. If necessary, we employ the use of a private detective, or investigator, to track down flaws in the government’s story. We interview witnesses, view the crime scene, evaluate the coroner’s report, and evaluate any expert’s reports.

      It is incredibly important that you do NOT speak with the police until you have spoken with a Cleveland homicide defense lawyer. Many clients, across all of our practice areas, share this mistake-and it is okay. Most people believe the police actually want to give them the chance to avoid charges. Let us be clear: If you are being investigated for murder, the police want to do one thing and one thing only: they want to find the evidence that proves you committed this crime. Even if you did not do this, you are going to be going into a conversation on an unequal footing. The police are trained interrogators and in most cases, you are not. Invoke your right to an attorney immediately.

      Call (440) 771-1175 now for a free consultation with one of our skilled professionals.

    • First-Rate Defense for Murder & Manslaughter Charges

      If you or a loved one is being investigated or has been arrested for murder, immediately – day or night. The first few hours after an individual is arrested can make all of the difference in the world. Advise the police that you intend to seek legal representation and immediately call a Cleveland homicide lawyer. Our client-centered approach makes us highly effective defense attorneys who challenge the evidence, question the authorities, and fight for you.

      Our clients know when facing these serious cases that we will not cave to the demands of the government. We will fight for our clients as long as we can. We understand that losing at this level has serious consequences for our clients and giving in to the demands of the government can be just as bad. When your life is at stake, you should contact Cleveland homicide defense attorneys who are going to aggressively fight for you and take it back to prosecutors.

      We can handle homicide cases involving:

    • Negligent Homicide Sentences (O.R.C. 2903.05)

      Negligent homicide is charged when a person accidentally kills another with the use of a deadly weapon or dangerous ordinance. It is often levied in the case of a hunting accident. However, any case where a person accidentally causes a death using a dangerous implement may fall under the umbrella of negligent homicide. Because of the lack of intent and the negligent, rather than reckless or purposeful circumstances, this charge is prosecuted as a first-degree misdemeanor. Conviction may mean up to 6 months in jail and a fine of $1,000.

      Negligent homicide cases tend to be extremely emotional as the victim and defendant often knew each other or were even related. If you have been charged with negligent homicide, you should work with experienced Cleveland homicide defense lawyers who will protect your rights while remaining sensitive to the issues involved.

    • Reckless Homicide (O.R.C. 2903.041)
      Reckless homicide is charged when prosecutors believe they can show that you engaged in reckless behavior that caused the death of another—or the termination of another’s pregnancy. Recklessness is a legal concept that describes conduct that a reasonable person would understand to carry a significant risk of injury or death to another. Reckless homicide is a third-degree felony in Cleveland and carries a sentence of up to 5 years and $10,000 in fines if convicted. While reckless homicide is a charge that doesn’t indicate intent or malice, you will be left with a felony homicide record if convicted—aside from the punitive sanctions involved.
    • Murder (O.R.C. 2903.02)
      Without question, murder is one of the most serious charges anyone can face. If convicted of murder, you face a future in prison, perhaps for the rest of your life. There are two ways you can be charged with murder in Cleveland. In the first, you are alleged to have purposely caused the death of another. In the second, you are alleged to have caused the death of another as a proximate result of committing certain violent crimes.
    • Aggravated Murder (O.R.C. 2903.01)
      Aggravated murder can also be charged when the evidence shows that a murder was committed purposely and with prior calculation and design. In cases where a victim is purposely killed while the defendant was committing, attempting to commit, or fleeing a crime like rape, kidnapping, arson, robbery, burglary, or trespass, aggravated murder can be charged. If the victim is a child under the age of 13, or a law enforcement officer engaged in official duties, then aggravated murder will also be charged.
    • Voluntary Manslaughter Ohio (O.R.C. 2903.03)
      Ohio law recognizes that unlawful deaths can occur in circumstances that don’t rise to the level of murder. One of the most dangerous charges in that category is voluntary manslaughter, which alleges that you knowingly caused the death of another person while in a sudden passion or fit of rage, brought on by a serious provocation by the victim that incited you to use deadly force. Voluntary manslaughter is a first-degree felony in Cleveland, and if you’re convicted, you’ll spend between 3 and 10 years in prison and face fines of up to $20,000.
    • Involuntary Manslaughter Ohio Sentence (O.R.C. 2903.04)

      Involuntary manslaughter is when someone causes the death of another person while in the commission of a misdemeanor or a felony, but where there was no intent to cause the death. The facts in such a homicide case matter significantly in determining potential sentences. If you were committing a felony when the death occurred, you will face a first-degree felony charge that carries a sentence of as long as 10 years. Involuntary manslaughter during the commission of a misdemeanor may be charged as a third-degree felony, depending on case specifics. If convicted of a third-degree offense, you face 1-5 years in prison with heavy fines.

    • Vehicular Homicide/Manslaughter (O.R.C. 2903.06)

      O.R.C. 2903.06 includes three distinct charges, but all indicate that a vehicle of some sort (automobile, boat, even airplane) caused another person’s death while under the control of the charged person.

      The most serious of these charges is aggravated vehicular homicide, which is applied in one of these circumstances:

      • The operation of the vehicle was reckless.
      • Death was caused by the reckless operation of the vehicle in a construction zone.
      • The vehicle’s operator was drunk or intoxicated by drugs at the time of the incident.

      Depending on the specifics of your case, you may be charged with a third or second-degree felony with certain factors allowing it to be elevated to a first-degree felony. The minimum sentence, if convicted of a third-degree felony, will be one to five years, with a license suspension of three years to life; for a second-degree charge, the minimum sentence will be two to eight years, with a lifetime suspension of your driver’s license.

      Vehicular homicide, meanwhile, alleges that you operated a vehicle negligently or that you were speeding in a construction zone and caused another person’s death. This is a first-degree misdemeanor, carrying a sentence of up to six months in jail and a suspended license for one to five years. Certain factors can elevate vehicular homicide to a fourth-degree felony, carrying a sentence as long as 18 months.

      When prosecutors believe they can prove you caused death while committing a minor misdemeanor traffic offense, you can be charged with vehicular manslaughter. This is a second-degree misdemeanor and can lead to a sentence of 90 days and a license suspension of up to three years. In certain circumstances, you can be charged with vehicular manslaughter as a first-degree misdemeanor, which can result in a six-month sentence and a longer suspension of your license. Obviously, these are tragic circumstances regardless of the charges you’re facing. Accidents happen, and not every case is a matter that deserves prosecution.

    • When facing murder or manslaughter charges, several legal defenses can be employed depending on the specifics of the case. Here are some common defenses:

      • Self-Defense: The defendant claims they acted to protect themselves from immediate danger. The force used must be reasonable and proportionate to the threat faced.
      • Defense of Others: This defense asserts that the defendant intervened to protect someone else from harm. Like self-defense, the belief in the imminent threat must be reasonable, and the response must match the level of danger.
      • Defense of Property: The defendant argues they used force to protect their property from being harmed or taken. However, this defense usually does not justify the use of deadly force, as the response must be immediate and reasonable.
      • Insanity Defense: The defendant contends they were not mentally competent to understand their actions at the time of the crime. This defense typically requires a psychological evaluation to establish a lack of responsibility due to mental illness.
      • Diminished Capacity: The defendant admits to committing the act but argues they were unable to form the necessary intent to be guilty of murder. If successful, this defense may lead to a lesser charge, such as manslaughter.
      • Accident: The defendant claims that the death occurred unintentionally and was purely accidental. This defense is more commonly applied in manslaughter cases rather than in murder cases, where intent is closely examined.
      • Mistaken Identity: In this defense, the defendant argues that they are not the person who committed the crime. This claim relies on evidence and witness testimony to establish that the defendant was elsewhere or misidentified.
      • Alibi: The defendant presents evidence showing they were not present at the crime scene when the offense occurred. Successful alibi defenses often depend on credible witnesses or physical evidence supporting the defendant’s location at the time.
      • Consent: The defendant argues that the victim consented to the actions that led to their death. This defense can be applicable in situations involving mutual combat or risky behavior where the victim was aware of the potential dangers.
      • Provocation: The defendant claims they were provoked into a sudden emotional reaction that led to the crime, which could reduce murder to voluntary manslaughter. The provocation must be such that a reasonable person would have lost self-control in the same situation.
      • Necessity: This defense posits that the defendant committed the act to prevent a greater harm or evil. The harm avoided must be significantly greater than the harm caused by the defendant's actions.
  • Menacing TOC

    • What is Menacing?
      In Cleveland, you can be charged with menacing (O.R.C. 2903.22) even if you didn’t lay a finger on anyone or make a verbal threat against them. Prosecutors will work hard to try and prove that you led the alleged victim to believe you would harm them, a member of their family, or their property. If you’re convicted of menacing, you could face jail time and fines, in addition to damage to your reputation.
    • Ohio Menacing Charges

      It’s important to take even misdemeanor prosecutions seriously. Just because a crime is not a felony does not mean that it doesn’t come with serious repercussions. Fight back with us at your side!

      There are several types of menacing charges that include:

      • Menacing (O.R.C. 2903.22) – Punishable by 30 days in jail and a $250 fine
      • Aggravated Menacing (O.R.C. 2903.21) – Can lead to longer jail sentences (up to 180 days)
      • Menacing by Stalking (O.R.C. 2903.211) – Punishable by 180 days in jail and a $1,000 fine

      If you have prior convictions, though, the prosecution may seek a fourth-degree felony charge and stricter penalties. Fourth-degree felony charges can lead to 18 months in prison and a $5,000 fine.

    • Ohio’s Aggravated Menacing Law

      In Ohio, it’s illegal for anyone to make another individual reasonably believe that they could cause them serious physical injury. This conduct is what’s known as aggravated menacing, and it’s a misdemeanor offense.

      In the scenario given at the start of this blog, we provided a fictitious example of an argument that escalated to a threat against your neighbor. And although that’s one situation you could be charged with aggravated menacing, you could also be accused of this offense even if you didn’t threaten the person you were arguing with.

      The law states that it is unlawful to make another believe that serious physical harm will be caused to:

      • Themselves;
      • Their unborn child;
      • Their immediate family member; or
      • Their property.

      You could also violate this law by threatening, by words or conduct, the other person’s place of employment or an organization to which they belong.

    • Aggravated Menacing Jail Time and Penalties in Ohio

      Threatening serious harm to another person, their family, or their property is a misdemeanor of the first degree. If you’re found guilty, you could be imprisoned for up to 180 days and/or fined up to $1,000.

      However, under certain circumstances, aggravated menacing in Ohio can be elevated to a felony. It’s a fifth-degree felony if the person you threatened is an officer or employee of a public agency that provides children’s services or child placement and the threat was related to the performance of their official duties. In this case, the penalties you could face include imprisonment for up to 12 months and/or a fine of up to $2,500.

      If you were previously convicted of a violent crime against an employee of a child services agency, and you commit another aggravated menacing offense, a fourth-degree felony charge will be levied against you. The conviction penalties include up to 18 months imprisonment and/or a fine of up to $5,000.

    • What Is “Serious Physical Harm” in Ohio?

      Ohio’s aggravated menacing law provides that an offense is committed when someone believes that they are in danger of serious physical harm. But what exactly is “serious physical harm?”

      Under O.R.C. 2901.01, serious physical harm to a person includes the following:

      • Mental illness that would require the person to be hospitalized or receive psychiatric treatment
      • Injury that causes a substantial risk of death
      • An injury that results in permanent incapacity or temporary but substantial incapacity
      • An injury that causes either permanent disfigurement or temporary but serious disfigurement
      • An injury that results in substantial suffering or prolonged pain

      Serious harm to property includes anything that would:

      • Substantially decrease the value of the property
      • Require a substantial amount of time to replace or repair
      • Reduces the use or enjoyment of the property
    • What Is Menacing By Stalking?

      Whenever an accused person engages in behavior that makes another believe that the accused will harm the alleged victim physically or mentally, this is known as menacing by stalking. A more detailed description of menacing by stalking can be found in Ohio Revised Code section 2903.211.

      First-degree misdemeanors and fourth-degree felonies can both be charged with this offense. If convicted of a first-degree misdemeanor, you can be fined up to $1,000.00, imprisoned for 180 days, or both. The penalty for a fourth-degree felony can range from $5,000.00 in fines to 18 months in prison.

    • How to Beat a Menacing Charge in Ohio

      Facing a menacing charge in Ohio can be an unsettling experience with the potential to cause extreme mental distress as well as long-term ramifications. A conviction can result in fines, jail time, and a lasting criminal record that affects employment, housing, and reputation. However, with a strategic approach and the assistance of an experienced criminal defense attorney, it may be possible to beat a menacing charge in Ohio by following these steps.

      Hire an Experienced Attorney

      An attorney who practices criminal defense and has experience with menacing charges in Ohio is your best ally. They can analyze the evidence, identify weaknesses in the prosecution’s case, and develop a strategy tailored to your situation.

      Gather Evidence

      Your attorney will work with you to gather evidence that supports your defense. This might include witness statements, surveillance footage, or other documentation that contradicts the allegations or shows that you did not have the intent to menace.

      Consider Legal Defenses

      Various defenses can be effective against a menacing charge, such as:

      • Lack of Intent: If you can demonstrate that you had no intention of causing fear or harm, this can be a powerful defense.
      • Mistaken Identity: If you were incorrectly identified as the person responsible for the menacing behavior, your charges could be dismissed.
      • First Amendment Rights: In some cases, what might be perceived as menacing could be protected speech under the First Amendment.

      Negotiate a Plea Deal if Appropriate

      In some cases, your attorney may advise that the best course of action is to negotiate a plea deal with the prosecution. This could involve pleading guilty to a lesser charge with reduced penalties or other concessions that are more favorable than the risks associated with going to trial.

      Prepare for Trial

      If your case goes to trial, preparation is key. Your attorney will work with you to develop a compelling case, coach you on testifying if necessary, and present the evidence in the most persuasive manner.

      Seek Expungement if Applicable

      If you are convicted, you may still have options to clear your record. Under Ohio law, you might be eligible for expungement, effectively sealing the conviction and minimizing its long-term impact.

  • Kidnapping TOC

    • Abduction Charges (O.R.C. 2905.02)
      When a person knowingly removes another from the place where they were found using threats or force or restrains their liberty in a way that creates a risk of harm to them or holds another in a condition of involuntary servitude, they can be charged with abduction by Cleveland prosecutors. Abduction penalties are heavy; it is a third-degree felony with a possible five years if convicted; however, some circumstances can upgrade it to a second-degree felony. When there is sexual motivation or involuntary servitude, you can face up to eight years.
    • Unlawful Restraint (O.R.C. 2905.03)
      When you knowingly engage in conduct that restrains another person from their liberty, you can be charged with unlawful restraint by Cleveland prosecutors. While unlawful restraint a misdemeanor of the third degree that carries a sentence of up to 60 days in jail if convicted, it is often charged as part of a larger indictment or as a lesser included charge in a kidnapping or abduction case. Experienced legal help is a must.
    • Human Trafficking (O.R.C. 2905.32)
      Human trafficking is an extremely serious offense in every jurisdiction in the United States-and strong laws are in place to punish those convicted of it. In Cleveland, prosecutors can charge under trafficking in persons in a variety of circumstances where victims are held against their will for any number of purposes. This is a first-degree felony with definite sentencing, so you will face between 10 and 15 years in prison if convicted.
    • Unlawful Conduct with Respect to Documents (O.R.C. 2905.33)
      Related to abduction, human trafficking, and other statutes, unlawful conduct with respect to documents is the charge that you took, held, or destroyed a person’s government-issued identification, passport, or other valid identifying paperwork, as part of a furtherance of another criminal act like kidnapping or compelling prostitution. On its own, this is a third-degree felony charge with up to five years in prison if you’re convicted.
    • Suggested Reading
  • Assault TOC

    • What Qualifies as Assault in Ohio?

      Ohio has four separate laws specifically concerning assault: negligent assault, assault, aggravated assault, and felonious assault. The offenses involve causing or attempting to cause physical harm or serious physical harm to another. Separating the crimes are the circumstances in which the injury was inflicted (or attempted to be inflicted).

      To further articulate Ohio’s definition of assault, let us first define the result or intended result of such conduct:

      • Physical harm: Under O.R.C. § 2901.01, physical harm includes injury, illness, or physiological impairment.
      • Serious physical harm: This type of injury includes the following:
        • A mental condition requiring hospitalization or psychiatric care;
        • Physical injury causing a substantial risk of death;
        • Physical injury resulting in permanent, temporary, or substantial incapacity;
        • Physical injury resulting in permanent or serious disfigurement; or
        • Physical injury leads to acute pain that causes substantial suffering or any lasting or intractable pain.

      Next, let us examine the different degrees of culpability of assault. Simple assault, aggravated assault, and felonious assault involve engaging in the conduct knowingly, with some instances of simple assault involving acting recklessly. Negligent assault is engaged in negligently.

      Ohio law defines these culpable mental states as follows:

      • Knowingly: To act knowingly means to be aware that engaging in certain conduct may cause a specific result.
      • Recklessly: To act recklessly means a person recognizes that their conduct likely poses a substantial or unjustifiable risk to others but engages in it regardless of the possible results.
      • Negligently: To act negligently means having a “substantial lapse from due care” and not recognizing or avoiding the risks that could be caused by engaging in certain conduct.
    • Assault, Battery & Aggravated Assault: How They’re Different

      Generally, the difference between simple assault and battery is whether the conduct results in physical contact. To clarify, simple assault typically involves attempting to cause harm to another, for example, pulling your fist back to punch someone. The battery usually involves making actual contact with someone, for instance, propelling your fist forward and landing the punch.

      Ohio does not have separate assault and battery laws. Both offenses are contained in the state’s assault laws. For example, assault under O.R.C. § 2903.13 involves knowingly causing or attempting to cause physical harm.

      Ohio does, however, have one law concerning simple assault and another concerning aggravated assault. The difference between the two offenses is the type of conduct involved.

      Simple assault involves:

      • Causing or attempting to cause physical injury to another, or
      • Negligently causing serious physical injury to another.

      Aggravated assault is a more severe offense that involves acting in the heat of passion and knowingly:

      • Causing serious physical harm to another, or
      • Causing or attempting to cause physical harm to another by using a deadly weapon or dangerous ordnance.

      To continue with the comparison of Ohio’s assault laws, negligent assault involves:

      • Negligently causing physical harm through the use of a deadly weapon or dangerous ordnance.
    • Is Assault a Felony in Ohio?

      Felonious assault is considered a more serious offense than simple assault, meaning that the alleged offender did something to increase the severity of the crime.

      Under O.R.C. 2903.11, factors that elevate an offense to felonious assault include:

      • Knowingly causing serious physical harm to another. It is important to note that causing serious physical harm to someone else is also an element of assault. But in that case, the alleged offender acted recklessly, whereas, in this instance, they acted knowingly. Thus, it’s the criminal state of mind that separates the two offenses and makes one more serious than the other.
      • Knowingly using a deadly weapon or dangerous ordinance to cause or attempt to cause physical harm to someone else. A deadly weapon is an instrument that can be used as a weapon that can cause death, and dangerous ordinances include devices such as sawed-off firearms, explosives, or rocket launchers.
      • Knowing that they have AIDS (or a virus that can cause the disease), the person engages in sexual conduct with someone without letting them know of their condition, someone mentally incapable of understanding that the person has AIDS or someone under 18 years of age. For the purposes of a felonious assault offense, sexual conduct involves vaginal or anal penetration or oral copulation.
    • Minimum Sentences for Assault in Cleveland Ohio

      Simple Assault

      According to Ohio law O.R.C. 2903.13, knowingly or recklessly causing or attempting to cause physical harm to another or another’s unborn is considered simple assault. Simple assault is a first-degree misdemeanor punishable by a 6-month jail sentence and fines up to $1,000.

      Aggravated Assault

      Under O.R.C. 2903.12, aggravated assault is to knowingly cause serious physical harm to another or to another’s unborn by means of a deadly weapon or dangerous ordnance. Aggravated assault is a fourth-degree felony in Ohio and can lead to prison sentences between 18 months and 6 years with a $5,000 fine.

      Negligent Assault

      Negligent assault in Ohio is defined under O.R.C. 2903.14. It is knowingly causing physical harm to another or another’s unborn by negligent use of a deadly weapon or dangerous ordnance. Negligent assault is charged as a third-degree misdemeanor with a potential sentence of up to 60 days in jail and a fine of $500.

      Felonious Assault

      Felonious assault under O.R.C. 2903.11 is generally a second-degree felony. The punishments upon conviction include up to 12 years in prison and/or up to $15,000 in fines. If the victim is a law enforcement official, however, the crime becomes a first-degree felony. In this case, the penalties include a maximum of 16.5 years in prison and/or a fine not to exceed $20,000.

      If the deadly weapon used to commit the crime was a vehicle, in addition to incarceration and fines, the alleged offender faces a class two driver’s license suspension. If the court imposes this sanction, the defendant can lose their driving privileges for anywhere from three years to life.

      Vehicular Assault

      According to Ohio law O.R.C. 2903.08, vehicular assault is causing serious injury to another person by operating a vehicle recklessly (may be under the influence of drugs or alcohol), or injuring someone in a construction zone by driving recklessly or speeding. Vehicular assault is a fourth-degree felony. Potential penalties include 18 months in prison and loss of your license for 5 years.

      Aggravated Vehicular Assault

      Aggravated vehicular assault according to O.R.C. 2903.09 is defined as causing serious physical harm to another person by operating a vehicle recklessly (may be under the influence of drugs or alcohol), or injuring someone in a construction zone by driving recklessly or speeding. In Ohio, aggravated vehicular assault is a third-degree felony punishable by five years in prison and loss of your driver’s license for ten years.

      Vehicular Manslaughter

      Vehicular manslaughter in Ohio under O.R.C. 2903.06 is causing the death of another driver by violating a minor traffic ordinance. The conviction penalties for vehicular manslaughter carry a 90-day sentence, license suspension for up to three years, and a $750 fine. This is a second-degree misdemeanor assault charge.

      Menacing

      According to O.R.C. 2903.22, menacing is defined as knowingly causing a person to feel the threat of physical harm, damage to property, or family, and causing mental distress. Menacing is a fourth-degree misdemeanor assault charge carrying a potential sentence of 70 days in jail and a $250 fine.

      Aggravated Menacing

      Aggravated menacing under Ohio law, O.R.C. 2903.21, is knowingly causing another to believe harm will come to them through serious physical harm to the person or property, unborn, or a member of the person’s immediate family. Aggravated menacing is a first-degree misdemeanor that can lead to a 6-month jail sentence and a $1,000 fine.

      Aggravated Menacing by Stalking

      In Ohio, menacing by stalking is defined under O.R.C. 2903.211 as knowingly engaging in a pattern of conduct that causes the victim to believe they will experience physical harm. Menacing by stalking is a first-degree misdemeanor crime punishable by 6 months in jail and a $1,000 fine.

    • Potential Defenses to Assault Charges in Ohio

      Because every case is different, the defenses that can be raised against Ohio assault charges will vary.

      However, below are a few possible ways to challenge the accusation:

      • Self-defense: Protecting oneself against an imminent attack.
      • Defense of others: Defending another person in danger of being injured by someone else.
      • Defense of property: Using force against a person who has unlawfully entered a person’s home or vehicle.

      Note that under O.R.C. § 2901.09, there is no duty to retreat. Also referred to as a “stand your ground” law, this means a person does not have to attempt to leave a threatening situation before using defensive force against their attacker.

  • Violent TOC

    • Types of Violent Crime Cases We Handle

      In Ohio, violent crimes may be charged as misdemeanors or felonies. The classification of the offense and the penalties that may be enforced will depend on the nature of the alleged crime as well as any prior offenses and whether the alleged victim is a child, elderly or disabled person, or peace officer. Most violent crimes, however, are felonies.

      The following may be considered “Offenses of Violence” in Ohio:

      Conspiring or attempting to commit any of these offenses can also be considered a violent crime.

      With decades of collective experience and former prosecutors on our team, our Cleveland violent crime lawyers can competently handle any of these cases. We have taken more than 200 cases to trial. This type of courtroom experience makes all the difference when dealing with violent crime charges, and we do everything in our power to help each client avoid the serious repercussions of a conviction.

    • Penalties for Felony Violent Crimes in Cleveland, OH

      The penalties for violent crimes in Ohio depend on whether the offense is considered a felony of the first, second, third, fourth, or fifth degree. A first-degree felony, for example, may be punishable by a minimum of 3 to 11 years in prison. A second-degree felony may be punishable by a minimum of 2 to 8 years in prison. A third-degree felony may be punishable by 1 to 5 years in prison at maximum.

      First- and second-degree felonies committed after March 22, 2019, that are not punishable by life in prison are subject to “indefinite” sentencing. The judge will have the discretion to select a minimum sentence for the crime based on a specified range of penalties and then add 50% to that number to find the maximum term.

      Then there are unclassified felonies. These are the most serious felony offenses, punishable by 15 years to life in prison. Murder and aggravated murder are both violent crimes that are considered unclassified felonies.

  • Robbery TOC

    • What Is Robbery Under Ohio Law?

      Robbery is defined in §2911.02 of the Ohio Revised Code, or ORC. To put it simply, robbery is any attempted theft where the defendant has a deadly weapon, attempts to inflict physical harm, or threatens to use force on the alleged victim. A deadly weapon is defined in the ORC as “any instrument, device, or thing capable of inflicting death,” or any item designed or adapted for use as a weapon.

      The severity of a robbery charge then depends on a few key factors:

      • Whether the prosecution can prove the defendant had a deadly weapon
      • Whether the prosecution can prove the item counts as a deadly weapon
      • Whether the prosecution can prove the defendant inflicted harm on an alleged victim

      Simply threatening force during or while fleeing a theft attempt is enough to warrant robbery charges, even if the defendant is unarmed or had no real way of inflicting harm. An unarmed defendant threatening force during an attempted theft will be charged with a third-degree felony; an armed defendant or an unarmed defendant who allegedly inflicts harm on someone during a theft attempt will be charged with a second-degree felony.

    • What Are the Penalties for Robbery in Ohio?

      Robbery can be charged as a third-degree or a second-degree felony, so the penalties will differ on a case-by-case basis. However, one thing is for certain: prior convictions will seriously increase the potential consequences of a robbery conviction.

      Robbery conviction can result in the following penalties:

      • 3rd-degree: 9–36 months of prison and a $10,000 fine
      • 2nd-degree: 2–8 years of prison and a $15,000 fine
      • 2nd-degree with prior convictions: 12–18 years of prison and a $15,000 fine

      The definition of robbery in Ohio means you could be facing felony charges even if you didn’t steal anything or hurt anyone. The threat of force and the attempt of theft are enough to convict. That’s why it’s vital to call a Cleveland robbery defense firm as soon as possible. If you have a prior conviction, you could be facing over a decade of prison time; don’t leave your future to chance. Our trial lawyers have the resources, experience, and aggressive approach you need in an advocate. Let us help. Get a free, confidential consultation: call (440) 771-1175 or online.

  • Burglary TOC

    • What Is Burglary Under Ohio Law?

      Burglary is defined in §2911.12 of the Ohio Revised Code (ORC). We’ll summarize what the law says here: burglary is when a person forces, lies, or sneaks their way into any potentially occupied building (or section of a building) with the intent to commit a crime. Note that while burglary is considered a theft crime, you needn’t actually steal anything.

      The severity of a burglary charge depends on three factors:

      • If someone is in the building when it’s broken or snuck into
      • If the building is someone’s home (either permanent or temporary)
      • If the prosecutor can prove the defendant intended to commit a crime

      If someone is accused of breaking into someone’s home while an occupant is “likely to be present,” they’ll be charged with a fourth-degree felony, but only if prosecutors can’t prove the defendant was going to commit a crime. However, if someone is accused of breaking into an unoccupied building with the intent to commit a crime, they’ll be charged with a third-degree felony. But if someone is accused of breaking into a home or an occupied building and the prosecution can convince a jury they intended to commit a crime, then they’ll be charged with a second-degree felony.

    • What Are the Penalties for Burglary in Ohio?

      The penalties will depend on the charges. As we noted above, burglary can be a felony of the fourth, third, or second degree. Prior convictions will also affect sentencing.

      That means the penalties for burglary could be:

      • 4th-degree: 6–18 months of prison and a $5,000 fine
      • 3rd-degree: 9–36 months of prison and a $10,000 fine
      • 2nd-degree: 2–8 years of prison and a $15,000 fine
      • 2nd-degree with prior convictions: 12–18 years of prison and a $15,000 fine

      Keep in mind that the prosecutors don’t care about intent or knowledge. If someone is charged with breaking into an occupied building with the intent to commit a crime, even if the defendant didn’t know it was occupied and had no actual intent, then they could be hit with a life-changing sentence.

  • Theft TOC

    • Get the Best Defense Attorney You Can If You’re Facing Theft Charges in Ohio

      Whatever you may have done in the past, it’s important that the choices you make today reflect your desire to avoid conviction and stay out of jail. First, you need to hire an experienced Cleveland criminal defense attorney who can forcefully safeguard your interests and rights.

      Many people don’t understand the seriousness of the charges they’re facing, risking their future on a public defender or an inexperienced lawyer in their social circle.

      This may have consequences you’ll have to deal with for the rest of your life. Public defenders work hard and provide an admirable service to the community, but they’re also overworked and often prefer for their clients to take a plea deal—even when it may not be the best option. If you’re convicted of a theft crime, you can face anywhere from 6 months in jail to 10 years in state prison, then remain stuck with a criminal record for the rest of your life.

      Are those the outcomes you’re willing to take a chance on?

    • Theft Crimes Cases We Handle in the Cleveland Area

      Whatever you’ve been charged with, we have successfully defended theft charges such as:

      • O.R.C. 2913.02: Theft
      • O.R.C. 2913.03: Unauthorized use of a vehicle
      • O.R.C. 2913.04: Unauthorized use of property – computer, cable, or telecommunication property
      • O.R.C. 2913.041: Possession or sale of unauthorized cable television device
      • O.R.C. 2913.05: Telecommunications fraud
      • O.R.C. 2913.06: Unlawful use of telecommunications device
      • O.R.C. 2913.07: Motion picture piracy
      • O.R.C. 2913.11: Passing bad checks
      • O.R.C. 2913.21: Misuse of credit cards
      • O.R.C. 2913.31: Forging identification cards or selling or distributing forged identification cards
      • O.R.C. 2913.32: Criminal simulation
      • O.R.C. 2913.33: Making or using slugs
      • O.R.C. 2913.34: Trademark counterfeiting
      • O.R.C. 2913.40: Medicaid fraud
      • O.R.C. 2913.41: Defrauding a rental agency or hostelry
      • O.R.C. 2913.42: Tampering with records
      • O.R.C. 2913.421: Illegally transmitting multiple commercial electronic mail messages (spamming)
      • O.R.C. 2913.43: Securing writings by deception
      • O.R.C. 2913.44: Personating an office
      • O.R.C. 2913.441: Unlawful display of law enforcement emblem
      • O.R.C. 2913.45: Defrauding creditors
      • O.R.C. 2913.47: Insurance fraud
      • O.R.C. 2913.48: Workers’ compensation fraud
      • O.R.C. 2913.49: Identity fraud
      • O.R.C. 2913.51: Receiving stolen property
      • O.R.C. 2913.61: Finding of value of stolen property as part of verdict
      • O.R.C. 2913.71: Felony of fifth degree regardless of the value of the property
    • Understanding the Different Penalties for Theft

      Cleveland prosecutors will grade a charge of receiving stolen property according to the value of stolen property received, in keeping with the structure of other theft crimes. The lowest grade of the charge, reserved for property worth less than $1,000, is a first-degree misdemeanor with a sentence of up to 6 months. As the values increase, so will the level of the charges.

      As a fifth-degree felony, theft of goods between $1,000 and $7,500 can put you away for 6 months to 1 year. Penalties for values between $7,500 and $149,000 are fourth-degree felonies, with a 12–18 month sentence possible, plus fines and restitution. If the value of goods was between $150,000 and $749,000, you’ll be charged with a third-degree felony, which could produce a sentence of up to 5 years in prison. $750,000 to $1,500,000 in value will produce a second-degree felony charge and possibly put you in prison for 2–8 years. If you’ve stolen more than $1.5 million, you will be facing a first-degree felony charge and up to a 10-year sentence.

    • Receiving Stolen Property (O.R.C. 2913.51)

      If you are caught in possession of goods obtained via theft, you can be charged with receiving stolen property by Cleveland prosecutors—even if you weren’t part of the theft. The state is required to prove that you knew or had reasonable cause to believe that the property in question was obtained illegally.

      This requirement means that an experienced Cleveland theft crime attorney can make a big difference for your future.

    • Finding of Value of Stolen Property as Part of Verdict (O.R.C. 2913.61)

      In Ohio theft and fraud cases, a defendant will be charged based on the value of the money or goods that are alleged to have been stolen. “Finding of the value of the stolen property as part of the verdict” is a statute that directs judges and juries in Cleveland to find the appropriate value of the stolen goods. This is an extremely dangerous statute for a defendant because it allows a series of small thefts to be tallied together to create an aggregate value.

      To put it plainly, a misdemeanor offense can easily become a felony under 2913.61.

      Similarly, if victims are elderly or disabled adults, and theft crimes are committed through one’s employment relationship, all instances can be prosecuted together. When you’re facing theft charges of any kind in Cleveland, you run the risk of significant jail time and a felony record that can close off opportunities for the rest of your life.

    • When it comes to theft and fraud prosecution in Cleveland, the state is required to establish that a victim did not consent to a transfer of goods. This can be theft through coercion, threats, deception, and various other means that can be prosecuted on their own. In some cases though, theft and fraud can be alleged in situations where the victim is not legally able to consent.

      Under O.R.C. 2913.73, prosecutors can use a state of incapacitation or infirmity on the part of the victim to show that consent could not have been given, which makes it difficult for defense attorneys to demonstrate that a victim consented to the situation that has led to the charges. If the prosecution can demonstrate that the victim lacked the capacity to consent—especially when the defendant knew about the incapacity—then one avenue of defending yourself in court is closed off.

    • Fifth Degree Regardless of the Value of the Property (O.R.C. 2913.71)

      Regardless of the value of the property, O.R.C. 2913.71 states that theft and receiving stolen property crimes involving certain items are always to be prosecuted as fifth-degree felonies, which can lead to a 6–12 month term of incarceration. When theft involves credit cards, forged checks, stolen motor vehicle license plates, blank forms for vehicle titles, or blank forms for Ohio drivers' licenses, O.R.C. 2913.71 will come into play. When prosecutors find evidence that any of these items were involved, your charges can be elevated.

      Your future may depend on the quality of your theft crime lawyer.

  • Sex Battery TOC

    • What Is Sexual Battery Under Ohio Law?

      The definition of sexual battery is outlined in §2907.03 of the Ohio Revised Code, or ORC. In general, sexual battery refers to the use of authority or coercion to solicit sex from a person who is a.) not married to the defendant and b.) of less powerful rank or position or in the care of the defendant. This includes most situations involving schools, mental health institutions, or religious institutions where the person is either a minor or in the care of the defendant.

      The law itself specifies 13 situations that fall under sexual battery:

      • Using coercion to prevent physical resistance to sexual conduct
      • Knowingly having sex with someone who has impaired control or awareness of themselves
      • Leading someone into sexual conduct when the alleged victim is unaware of it
      • Sex under the pretense of being the alleged victim’s spouse
      • Sex with a natural or adoptive child, stepchild, or person to whom the defendant is a custodian or guardian
      • Sex with someone in the legal or medical custody of the defendant
      • Sex with a student at a public school where the defendant is employed in a position of authority
      • Sex with a minor enrolled at an institution of higher education where the defendant is employed in a position of authority
      • Sex with a minor where the defendant is a coach, instructor, scout leader, or any position of “temporary or occasional” disciplinary control
      • Sex with a patient as a mental health professional under the pretense that sexual conduct is necessary for treatment
      • Sex with a person at a detention facility where the defendant is employed
      • Sex with a minor who attends a religious institution where the defendant is a cleric*
      • Sex with a minor where the defendant is a law enforcement officer and two years older than the minor

      Despite the specificity of these 13 situations, relationships between consenting adults can be complicated by the circumstances. Juries understand that relationships may not always be black-and-white under the law. As Cleveland criminal defense attorneys and former prosecutors, it’s our job to identify weaknesses in the prosecution’s case, presenting you with the best possible chance for dismissed charges or acquittal by the jury.

      * ‘Cleric’ is defined under Ohio law as “a member of the clergy, rabbi, priest, Christian Science practitioner, or regularly ordained, accredited, or licensed minister of an established and legally cognizable church, denomination, or sect.”

    • What Are the Penalties for Sexual Battery in Ohio?

      In most cases, sexual battery is a third-degree felony. However, if the alleged victim is under 13 years old, the prosecutor will issue a second-degree felony charge, which comes with a mandatory minimum prison sentence. Conviction will also require registration with the Sex Offender Registration and Notification unit, or SORN.

      Sexual battery conviction can result in the following penalties:

      • 3rd-degree felony: 9–36 months of prison and a $10,000 fine
      • 2nd-degree felony: 2–8 years of prison and a $15,000 fine
      • 2nd-degree felony with prior convictions: 12–18 years of prison and a $15,000 fine

      If you are convicted of sexual battery, you’ll be labeled a sex offender; if you’re convicted of sexual battery against a minor, you’ll be labeled a child-victim offender, which comes with even worse penalties. Under the Tier 3 SORN category, sexual battery means defendants are required to register every 90 days for the rest of their lives.

    • Sexual Battery Committed by Teachers & Coaches

      When power dynamics and positions of authority, such as a teacher or a coach, are part of the case, sexual battery becomes even more complicated.

      Ohio Revised Code 2907.03(A)(7) specifically addresses these scenarios, recognizing that even with apparent consent, the inherent power imbalance between educators and students can render any sexual conduct illegal.

      Regardless of the student's age, the law focuses on the abuse of authority, not just the act itself. This distinction makes your situation unique and complex, requiring in-depth legal knowledge specific to cases like these. These accusations can have a devastating impact on your reputation and career, even before any guilt is determined.

      Don't face these accusations alone. Our legal team can help you understand the intricacies of your sexual battery case. We're prepared to explore every avenue of defense, protecting your rights and fighting for the best possible outcome every step of the way.

    • Can a Sexual Battery Charge be Reduced or Dismissed?
      Yes, there are several potential avenues for reducing or dismissing sexual battery charges in Ohio. An experienced attorney may challenge the evidence against the accused, arguing issues such as insufficient evidence, lack of consent, or misidentification of the perpetrator. Additionally, plea bargaining may be an option, where the accused agrees to plead guilty to a lesser charge in exchange for a more lenient sentence. Individuals facing such charges must seek legal representation to explore these options and build a robust defense strategy tailored to their circumstances.
    • What Should I Do If I Am Accused of Sexual Battery in Ohio?

      If you are accused of sexual battery in Ohio, it is imperative to take the situation seriously and seek legal counsel immediately. Do not speak to law enforcement or anyone else about the allegations without your attorney present. Your lawyer can help you understand your rights, the legal process, and the potential consequences you may face. They will work to protect your interests, gather evidence, and develop a defense strategy to contest the charges. Prompt action is crucial to ensure that you receive fair treatment throughout the legal proceedings.

    • How Does a Conviction for Sexual Battery Affect Future Opportunities?

      A conviction for sexual battery can have lasting and detrimental effects on an individual’s future opportunities. In addition to the immediate legal penalties, such as imprisonment and fines, individuals may face difficulties in securing employment, housing, and educational opportunities. Many employers conduct background checks and may be unwilling to hire someone with a sexual offense on their record. Furthermore, being required to register as a sex offender can severely limit an individual’s ability to live in certain areas and may lead to social stigma. It is essential for those facing such charges to understand these long-term implications and to work diligently with their attorney to mitigate the potential consequences.

  • Rape TOC

    • Why Choose Us

      When facing serious accusations such as rape, you need a skilled and experienced criminal defense attorney. The dedicated team at Patituce & Associates, LLC, provides aggressive and effective representation for individuals fighting rape allegations. Here are some compelling reasons for choosing our Cleveland rape defense attorneys.

      Experience

      Our team of criminal defense lawyers has extensive experience in handling rape cases. We understand the complexities and sensitivity surrounding these charges and have a track record of success in defending our clients. With years of courtroom experience, our legal team has the knowledge and skills to build a strong defense strategy for your case.

      Skills and Knowledge

      Our firm knows the laws and regulations surrounding rape cases in Ohio. We stay current with the latest legal developments and strategies to ensure we provide our clients with the most effective defense possible. Our attorneys have a deep understanding of the legal process and know how to navigate the complexities of the criminal justice system.

      Aggressive Defense

      We believe in fighting vigorously for our clients’ rights. We can thoroughly investigate the details of your case, scrutinize the evidence against you, and challenge any weaknesses or inconsistencies. We aim to uncover the truth and present a compelling defense that protects your interests and seeks the best possible outcome.

      Personalized Attention

      At Patituce & Associates, LLC, we understand that every case is unique. We treat our clients with the individual attention and care they deserve. Our attorneys will take the time to listen to your side of the story, answer your questions, and address your concerns.

      Our attorneys will update you throughout the legal process, ensuring you are well-prepared and confident at every stage.

      Reputation

      Our firm has earned a reputation for providing top-notch legal representation in criminal defense cases, demonstrating our dedication, professionalism, and commitment to achieving the best results for those we represent. Our past clients have praised our strategic approach, attention to detail, and unwavering support during challenging times.

      Our conveniently located office is at 600 Superior Avenue East, Suite 1358, across the street from the public library. We can arrange a remote consultation if you can’t travel to the office.

    • Understanding Rape Cases in Cleveland

      Besides bringing severe penalties, a conviction for rape or sexual battery in Cleveland is likely to force you or your loved one to register as a sex offender in the state of Ohio. This can have dire consequences, such as hindering your ability to find a job.

      It is essential to do everything you can to avoid a conviction. Hiring an experienced Cleveland rape defense attorney is an effective way to do that. Patituce & Associates, LLC, can navigate the complexities of your case and fight for your rights.

    • What Is Rape in Ohio?

      Ohio state law defines rape as engaging in sexual conduct with a minor or another person without their consent. Sexual conduct includes vaginal, anal, and oral penetration, as well as digital penetration or the insertion of foreign objects.

      Consent is a crucial element in rape cases. If the alleged victim did not provide voluntary, knowing, and intelligent consent, it may classify as rape under Ohio law.

      Ohio law recognizes rape and sexual battery as two different crimes. While rape is sexual conduct without consent, sexual battery involves a situation where the victim cannot avoid the sexual conduct due to circumstances. Examples of such scenarios include a case between a teacher and a student or a patient in a mental facility and a doctor.

    • Punishment for Rape in Cleveland

      Rape and sexual battery are felony offenses in Ohio, and the severity of the punishment depends on various factors, including the age of the victim, the use or threat of force, and the presence of any aggravating circumstances.

      The potential penalties for rape include lengthy prison sentences, substantial fines, and a permanent criminal record, which can have serious consequences.

      Rape is a first-degree felony in Ohio. There may be a mandatory term, however, if, besides rape, the offender administered a drug to the victim. The court sets the prison term for a first-degree felony, with the minimum being three years. In addition to the prison term, the person can face a fine of up to $20,000. In some instances, the convicted felon could serve a life sentence.

      Sexual battery is a third-degree felony. A convicted offender could face one to five years in prison and a maximum fine of $10,000.

      If the victim is younger than 13, sexual battery becomes a second-degree felony. The penalty is two to five years in prison and/or a maximum fine of $15,000.

    • Statutory Rape Charges

      Statutory rape describes sexual activity between an adult and an individual below the age of consent, even if the minor willingly participates. In Ohio, the age of consent is 16. Engaging in sexual conduct with someone under 16, regardless of whether the minor consents, can qualify as statutory rape.

      Ohio law recognizes that individuals under the age of consent may not have the legal capacity to provide informed consent due to their age and potential vulnerability.

      Being accused of statutory rape can have severe consequences, including criminal charges, potential imprisonment, mandatory sex offender registration, and a permanent mark on your criminal record.

      Patituce & Associates, LLC, has experience building a strong criminal defense for people facing statutory rape accusations. Our skilled attorneys understand the nuances of statutory rape laws in Ohio and can provide you with the aggressive defense you need. They will thoroughly investigate the details of your case, challenge the evidence against you, and work hard to protect your rights.

    • Common Defenses in Rape Cases

      When you hire a skilled Cleveland rape defense attorney from Patituce & Associates, LLC, you can count on aggressive representation to protect your rights. Some of the most effective defenses our team uses include:

      Consent

      One of the most common defenses in rape cases is to challenge the issue of consent. Our attorney may argue that the sexual encounter was consensual and did not involve a lack of consent or coercion.

      False Accusations

      False accusations of rape can occur. Our legal team thoroughly investigates the circumstances surrounding an accusation, looking for inconsistencies, motives, or evidence that may suggest it is false.

      We have decades of experience collecting relevant evidence to prove false accusations and dismiss the charges.

      Lack of Evidence

      Prosecutors must establish guilt beyond a reasonable doubt. If there is a lack of credible evidence linking you to the alleged rape, an attorney may argue that the prosecution has not met this burden of proof.

      Mistaken Identity

      Mistaken identity plays a role in some cases. If you face false allegations, our legal team will work hard to find and present evidence that the other party misidentified you as the perpetrator. We may do this through alibi witnesses, surveillance footage, or other corroborating evidence.

      Police Misconduct

      If law enforcement officers violated your rights during the investigation or arrest, your attorney may file motions to suppress unlawfully obtained evidence, potentially weakening the prosecution’s case.

      Intoxication or Incapacity

      If you were under the influence of drugs or alcohol or otherwise incapacitated during the alleged rape, your attorney may argue that you could not form the necessary criminal intent.

      Every rape case is unique, and the specific defense strategy your attorney employs will depend on the facts and circumstances of your case. Experienced attorneys at Patituce & Associates, LLC, can carefully evaluate the details of your case, identify the most robust defense strategies, and work tirelessly to get the rape charges against you dismissed or reduced.

    • What to Do if You Are the Subject of Rape Accusations

      Facing rape allegations can be distressing. Knowing how to protect your rights and build a strong defense is crucial. If you find yourself in this situation, follow these essential steps to maintain your composure and improve your chances of getting the case dismissed.

      Stay Calm

      When facing such serious allegations, shock, anger, and fear are natural reactions. It is essential, however, to remain calm. Emotions can cloud judgment and hinder your ability to make sound decisions. Take a deep breath, gather your thoughts, and focus on the steps ahead.

      Contact an Attorney

      One of the most critical actions you can take is to contact an experienced Cleveland rape defense attorney immediately. Your first call should be to a lawyer. This can prevent you from making unfortunate errors and hindering the case.

      Patituce & Associates, LLC, has decades of experience in criminal defense, including rape cases. Our skilled attorneys can provide you with the guidance and support you need during this challenging time. They will protect your rights, thoroughly investigate the allegations, and build a strong defense strategy for your case.

      Gather Evidence

      Evidence plays a crucial role in rape cases. Preserve any evidence that may support your

      defense. This can include text messages, emails, or other forms of communication that demonstrate consent or contradict the allegations.

      If there were witnesses present during the alleged incident, gather their contact information, as they may provide valuable testimony. Your attorney can also collect relevant evidence on your behalf.

      Be Honest With Your Attorney

      Openly and honestly tell your attorney about all the details surrounding the allegations. Your attorney must completely understand the situation to build a robust defense. Provide them with all relevant, even incriminating, information. Your attorney must adhere to the attorney-client privilege and will always advocate for your best interests.

      Follow Legal Advice

      An experienced and knowledgeable Cleveland rape defense attorney can provide sound legal advice. It is essential to follow their guidance and instructions throughout the legal process. Trust their judgment and rely on their competence to navigate the complexities of your case.

      The subject of a rape accusation does not make you guilty.

      Stay calm and contact an experienced attorney. You can protect your rights, reputation, and future with skilled legal guidance and support.

      The sooner you call an attorney, the better chance they have of building a strong defense on your behalf. The longer you wait, the greater the risk of complications. A rape charge can cause feelings of emotion, disorientation, and confusion. This situation also makes you vulnerable. An attorney can prevent others from taking advantage of you and ensure you don’t jeopardize your chances of having the charges dismissed.

  • Public Indecency TOC

    • Indecent Exposure (O.R.C 2907.09)

      Under Ohio’s public indecency statute, indecent exposure is defined as such in the Ohio Revised Code Section 2907.09. This law makes it illegal to engage in any of the following in a public place or in the presence of minors:

      • Engaging in sexual conduct or masturbation;
      • Exposing one’s genitals, buttocks, or female breasts;
      • Engaging in conduct that is likely to be offensive or alarming to others.
    • Is Public Indecency a Felony or Misdemeanor?

      The penalties for indecent exposure can vary widely, depending on the circumstances of the offense. A first-time conviction may be charged as a misdemeanor of the fourth degree, punishable by up to 30 days in jail and a fine of up to $250. However, aggravating circumstances may elevate the charge to a felony in some cases.

      If the offense is committed near a minor or if the accused has prior convictions for similar offenses, the charges can escalate, leading to more severe penalties, including higher fines and longer jail sentences.

      For instance, a person who “recklessly” engages in conduct that violates the statute won’t face the same penalties for public indecency charges that a person who “knowingly” engages in apparently sexual conduct in view of a schoolyard during recess would face. There are other complications, as well, such as a tendency on the part of law enforcement to treat certain minor offenses, like public urination, as sex offenses or public indecency.

    • Penalties for Public Indecency (O.R.C. 2907.09) in Cleveland

      Ohio law grades public indecency based on specific facts:

      • Reckless public exposure of private parts is a fourth-degree misdemeanor (30-day maximum sentence) except when the defendant has a previous public indecency conviction. In that case, it is a misdemeanor of the third degree (60-day maximum). When the exposure was likely to be viewed by a minor, it is a misdemeanor of the second degree (90-day maximum). The more previous convictions that you have, the higher your charge will be graded. For instance, a person who has three past convictions will be charged with a first-degree misdemeanor (180-day maximum sentence), and if the exposure was viewable to minors, it is a fifth-degree felony charge (6-12 month sentence).
      • Recklessly engaging in public sexual conduct, masturbation, or conduct appearing to be sexual conduct or masturbation is a third-degree misdemeanor (60-day maximum sentence). A previous conviction for public indecency under this section means you’ll be charged with a second-degree misdemeanor (90-day maximum); if a minor was likely to view the conduct, you’ll be charged with a first-degree misdemeanor (180-day maximum). At the highest level, it can be a fifth-degree felony, with a 6-12 month sentence possible. It is a second-degree misdemeanor (90-day maximum sentence) with penalties increasing as high as a fifth-degree felony (6-12 months) if you’ve been convicted in the past.
      • Knowingly exposing yourself in public for purposes of sexual gratification or to lure a minor into sexual activity is charged as a first-degree misdemeanor (180-day maximum sentence). However, if there are past convictions or guilty pleas on your record, it can be charged as a fifth-degree felony (6-12 months).
    • Sex Offender Registration Requirements

      In Ohio, sex offender registration is typically associated with more severe sex crimes. As of the latest information available, a conviction for public indecency in Ohio usually does not require the offender to register as a sex offender.

      However, certain circumstances may change this. For example:

      • Repeat Offenses: An individual with multiple convictions for public indecency or related crimes may face more severe consequences, including potential registration requirements.
      • Aggravated Circumstances: If the public indecency offense involves minors, the defendant was deemed to have acted recklessly, or is part of a broader pattern of sexual misconduct, registration as a sex offender might be a consideration.
    • Long-Term Consequences
      Even without sex offender registration, a conviction for public indecency can have lasting effects on a person’s life. It can lead to difficulties in finding employment, housing, and educational opportunities and may harm personal and professional relationships.
    • Defending Public Indecency Charges

      Being charged with indecent exposure doesn’t necessarily mean a guaranteed conviction. There are legitimate defenses that can be raised, such as:

      • Lack of Intent: If you didn’t intend to expose yourself or did so accidentally without the goal of sexual arousal or gratification, this may be a valid defense.
      • False Accusation: Providing evidence that the accusation is false or mistaken can lead to a dismissal of charges.
      • Constitutional Rights: In some cases, a skilled attorney can argue that the charge violates your constitutional rights.
    • How a Public Indecency Lawyer Can Help Your Case

      Public indecency charges, often associated with acts like indecent exposure, can have serious implications on your life. These charges, though seemingly minor, may lead to penalties, social stigma, and long-lasting repercussions on your personal and professional life. In Ohio, navigating the complexities of public indecency laws requires expert legal assistance. Here’s how a public indecency lawyer can be indispensable in handling your case:

      Understanding the Legal Framework

      Ohio’s public indecency laws are specific and can be quite complicated. A skilled lawyer who specializes in public indecency cases understands both local and federal public indecency laws and how local courts interpret them. They can explain the charges, the potential penalties, and the legal options available to you, demystifying a system that can be overwhelming for those unfamiliar with it.

      Building a Strong Defense Strategy

      Every public indecency case is unique, and an experienced lawyer can develop a defense strategy tailored to the specific circumstances of your situation. Whether it’s a lack of intent, an issue of mistaken identity, or a question of whether the conduct occurred in a place where others could be affronted, a knowledgeable attorney can identify the best defenses for your case.

      Negotiating Plea Agreements

      In some situations, it may be in your best interest to negotiate a plea agreement rather than proceed to trial. An attorney experienced in public indecency law knows what constitutes a fair deal and has the negotiation skills to work with prosecutors. They can advocate for reduced charges, alternative sentencing options, or even the dismissal of charges when appropriate.

      Protecting Your Rights

      The criminal justice system is designed to protect the rights of the accused, but without legal representation, those rights can sometimes be overlooked. A lawyer ensures that law enforcement and prosecutors follow the proper procedures, that evidence is legally obtained, and that you have the opportunity to present your side of the story. They act as a safeguard, ensuring that your rights are not violated throughout the legal process.

      Mitigating Consequences

      A public indecency conviction in Ohio can lead to fines, imprisonment, probation, and other legal penalties. Beyond that, it can affect your reputation, employment opportunities, and personal relationships. An attorney who specializes in public indecency cases can work to minimize these consequences, advocating for you in court and with potential employers or others who may be influenced by a public indecency charge or conviction.

      Guidance and Support

      Facing a criminal charge is often a stressful and emotional experience. A public indecency lawyer provides more than just legal expertise; they also offer support and guidance as you navigate the legal system. From keeping you informed about the progress of your case to assisting with related issues like employment or family concerns, a lawyer can be a valuable ally during a challenging time.

  • Prostitution TOC

    • What Sex Crimes Are Considered Prostitution in Ohio?

      Under Ohio law, sex workers and those who engage in sexual conduct with them are subject to penalties under several offenses in the Ohio Revised Code (ORC). In addition to the legal consequences of these charges, sex crimes typically carry severe social stigmas, which may affect a person’s relationships and career. Some crimes related to prostitution in Ohio include:

      Prostitution (ORC § 2907.25)

      Prostitution is defined in Ohio as engaging in sexual activity for hire. This means offering or agreeing to engage in sexual conduct with another person in exchange for money or something else of value.

      Solicitation (ORC § 2907.24)

      Solicitation involves engaging or attempting to engage the services of a prostitute. Simply offering money or anything of value for sexual conduct is enough to be charged with this offense.

      Loitering to Engage in Solicitation (ORC § 2907.241)

      This includes lingering or wandering in public places with the intent to solicit or engage in sexual conduct for hire.

      Human Trafficking (ORC § 2905.32)

      While a broader criminal category, human trafficking that involves compelling or coercing individuals into engaging in sexual activities for hire can also fall under prostitution-related offenses.

      Gross Sexual Imposition (ORC §2017.05)

      Gross sexual imposition is a legal term used to describe a sexual offense that typically involves sexual contact without consent or with someone who is unable to provide consent. It is a serious criminal charge that falls under the category of sexual assault, but it is distinct from rape. Gross sexual imposition is typically classified as a felony, and it can result in substantial prison time, fines, and mandatory registration as a sex offender.

      Charges Involving Minors

      Engaging in any prostitution-related activity with a minor is treated even more severely under Ohio law, often resulting in felony charges.

      If you have been charged as an alleged offender in a sex offense, we encourage you to reach out to our lawyers for information regarding what options are available to you. Likewise, if you have been charged with solicitation, there exist several legal referral services that can help defend your rights.

      Don’t hesitate to contact Patituce & Associates. Our dedicated and experienced sex crime defense team is ready to provide personalized and assertive legal representation.

    • What Is Compelling Prostitution (O.R.C. 2907.21)?

      Compelling prostitution, or procuring prostitution, is charged when Cleveland prosecutors believe that they can prove that you compelled or facilitated another person to engage in sex for hire. The penalties for compelling prostitution are especially serious when the person involved is a minor or is someone you believed to be a minor.

      Under the statute, the following acts are prohibited:

      • Compelling someone with the use of force, intimidation, fear, or duress to participate in sex for hire
      • Facilitating a minor to engage in sex for hire
      • Paying or agreeing to pay a minor to participate in sex for hire
      • Paying or agreeing to pay a minor after they participated in sex for hire
      • Allowing a minor as their parent, guardian, or other authority in control to engage in sex for hire

      As a base charge, compelling prostitution is a third-degree felony with a sentence of up to five years. When minors between the ages of 16 and 18 are involved, it is a second-degree felony with a sentence of up to 8 years. When the minor is under the age of 16, it will be a first-degree felony with penalties of up to 10 years in prison.

    • What Is Promoting Prostitution (O.R.C. 2907.22)?

      Individuals who knowingly engage in any of the following may be charged with promoting prostitution:

      • Establish, maintain, operate, manage, supervise, control, or have an interest in a brothel
      • Transport another person, or cause them to be transported, across state or county boundaries in order to facilitate the other person participating in sexual activity for hire
      • Supervise, manage, or control the activities of a prostitute in engaging in sexual activity for hire
      • Induce or procure another person to engage in sexual activity for hire

      Promoting prostitution is a fourth-degree felony, carrying a sentence of up to 18 months in prison. If any prostitutes involved in the activities related to the charge are minors, whether or not you know their age, then promoting prostitution will be charged as a third-degree felony; you may face up to 5 years in prison. If the penalties for this crime are serious, you have to bring in the most effective legal defense available.

    • Enticement or Solicitation to Patronize a Prostitute; Procurement of a Prostitute for Another (O.R.C. 2907.23)

      Enticement or solicitation to patronize a prostitute; procurement of a prostitute for another covers several types of conduct and applies penalties according to the specific conduct in your case.

      • Procuring a prostitute for another is a first-degree misdemeanor
        • Maximum sentence of 180 days
      • If the prostitute is 16 or 17 years old, the charge is a fifth-degree felony
        • 6-12 months in prison
      • If the prostitute is under the age of 16, procuring is charged as a fourth-degree felony
        • Maximum sentence of 18 months

      Where age is an issue, it is not a defense that you didn’t know the person was underage. Given the gravity of these accusations, it’s crucial to consult with an experienced criminal defense attorney promptly. A seasoned legal professional can provide guidance, challenge evidence, and craft a robust defense strategy tailored to the specifics of the case. If faced with charges involving minors, seeking legal representation is not only advisable but essential.

  • Internet TOC

    • Ohio Internet Sex Crimes Laws

      Most Internet sex crimes involve the downloading and uploading of child pornography; however, investigators almost always assume that just because child pornography has been uploaded or downloaded you were aware of it. Our Cleveland internet sex crimes lawyers are skilled at defending against false assumptions of law enforcement.

      An example of this can be seen in a recent case of ours. Our client’s son made use of a sophisticated file-sharing program to legally download music from the Internet. Unfortunately, and unknown to both our client and his son, one of the music files contained a virus that allowed a remote third party to control what files were uploaded and downloaded. Clearly, this was a case that should have been dismissed—and it was.

      It is incredibly important that you go with a lawyer who not only understands the law, courts, and how to defend a case generally but also a firm that understands the specific technology involved.

    • Common Internet Sex Crimes in OH
      • Solicitation
      • Solicitation of a minor
      • Disseminating matter harmful to juveniles
      • Online assault
      • Cyberbullying
      • Cyberstalking
      • Sexual exploitation of children online
      • Attempted unlawful sexual conduct with a minor
    • What is Importuning?
      Sometimes, police officers and detectives will pose as other people on the Internet and even sometimes try to start conversations to solicit sexual encounters. The Ohio Revised Code in section 2907.07 prohibits an individual from seeking sexual activity with minors of a certain age. The problem with these cases is that often the police, and detective, do not play fair. They might not state their “age” the entire time they are trying to trap you into one of the most damaging criminal offenses.
    • Ohio Importuning Penalties

      Importuning, also known as online solicitation of a minor, is a felony and the penalties may include:

      • Up to 5 years in prison
      • Fines up to $10,000
      • Forced registration as a sex offender
      • Child custody rights removed
    • What is Pandering Obscenity?
      This crime is commonly known as child pornography in Ohio. Most often innocent people, and sometimes guilty ones too, are caught using programs such as LimeWire or Napster to download normal pornography. What they might not know is that by using these programs, they are giving other people the ability to upload and download files at their will, which means that you could unwittingly be uploading and downloading child pornography. We know how to defend you against a pandering obscenity charge, and even if you are guilty of these crimes, it is still our duty-bound job to defend you the same as we would any other person.
    • How Long Can You Go to Jail for an Internet Sex Crime in OH?

      As former prosecutors, we can tell you the government aggressively prosecutes cases involving Internet sex crimes. These cases come in many different forms and all can end up with sentences that can put you in prison for the rest of your life if you’re not properly defended. How long can you go to prison depends in part on what crimes you are charged with, the evidence against you, and the skill and effectiveness of your lawyers.

      There are a number of different types of Internet sex crimes from child pornography to solicitation to the pandering of obscenity. In Ohio, a single charge of pandering obscenity involving a minor (child pornography) can result in you being sent to prison for eight years. If you are facing multiple charges or the possibility of a sentence well over fifty years has been seen. This is why it is important to hire our Cleveland internet sex crime lawyers, you could potentially spend the rest of your life in prison without even having hurt someone.

    • Sophisticated Defense for Ohio Internet Sex Criminal Cases

      These crimes often involve chat rooms or specialized peer-to-peer file-sharing programs such as LimeWire. The truth is that most Cleveland criminal defense attorneys have no idea how to defend an individual from a charge, or accusation, that they knowingly transmitted child pornography or other illegal material through one of these programs. Our Cleveland Internet sex crime attorneys are trained, and experienced, in the sophisticated nature of these allegations, and we are ready to help defend you. Do not wait to act! If you believe you, or a loved one, is being investigated for an internet sex crime you should immediately act now in order to protect your, or their, rights. Do not speak with the police, or an investigator, until you have sought legal counsel. If an investigator is speaking with you about these allegations the chances are they already believe you are guilty.

      Call (440) 771-1175 to set up a free consultation with our Cleveland internet sex crimes lawyers concerning your case!

  • Child P TOC

    • What is Child Pornography?

      Child pornography laws are articulated at both the federal and state levels in the United States, and the specific legal definitions and penalties can vary. Here’s a look at what constitutes child pornography under Ohio law and Federal law:

      Under Ohio Law

      Ohio Revised Code (ORC) § 2907.322 and § 2907.323 specifically address child pornography, often referred to as the “illegal use of a minor in nudity-oriented material or performance.”

      1. Visual Material Involving Minors: Ohio law prohibits the creation, possession, or dissemination of any material that shows a minor in a state of nudity or engaging in sexual activity.
      2. Nudity-Oriented Material: Unlike some other jurisdictions, Ohio law also covers nudity, not just sexually explicit conduct, if the purpose of the nudity is sexual arousal or gratification.
      3. Age of the Minor: The law applies to any depiction of a person under 18 years of age. This is consistent with federal law.
      4. Possession and Distribution: Ohio law makes it a crime to knowingly create, reproduce, publish, sell, or transport any material that falls under this definition. Possession with intent to sell or share is also prohibited.
      5. Penalties: The offense may be classified as a felony, with the degree of the felony varying based on the nature of the conduct and whether there are prior convictions.

      Under Federal Law

      Federal law addresses child pornography under 18 U.S.C. § 2251, § 2252, and § 2252A.

      1. Visual Depiction of Minors: Federal law prohibits any visual depiction of a minor engaging in sexually explicit conduct, which includes not only sexual acts but also a lascivious exhibition of the genitals or pubic area.
      2. Real or Simulated Images: This includes photographs, videos, digital media, and even computer-generated images that are indistinguishable from real children.
      3. Production, Distribution, Receipt, and Possession: Federal law covers a wide range of activities, including creating, sharing, receiving, or merely possessing child pornography.
      4. Interstate and International Aspects: Federal jurisdiction often comes into play when the materials have been transported across state or international lines, including via the Internet.
      5. Penalties: Convictions under federal law can result in substantial imprisonment, fines, and mandatory registration as a sex offender.

      While there is substantial overlap between Ohio and federal laws concerning child pornography, there can be differences in the specifics of what is prohibited and the associated penalties. Anyone facing charges related to child pornography, whether under Ohio law or federal law, should seek the counsel of an experienced criminal defense attorney well-versed in this highly specialized area of law. Legal representation is essential to navigate the complex legal landscape and to ensure that the rights and interests of the accused are fully protected.

    • Child Pornography Charges in Cleveland, Ohio

      Child pornography is considered a serious crime in both the federal system and under the Ohio Revised Code, and the prosecution of a child pornography case is handled with the utmost severity. In Cleveland, law enforcement agencies are increasingly vigilant about monitoring illicit materials, including child pornography, and work in conjunction with federal authorities to pursue those involved in the distribution of child pornography.

      Charges related to child pornography can range from a degree felony to a second-degree felony, depending on the nature of the offense. The federal system, including federal courts and federal prosecutors, may also be involved if the case includes aspects like peer-to-peer file-sharing programs used for the dissemination of illegal images, including nudity-oriented material, sexually explicit content, and visual depictions involving prepubescent children. The Ohio Revised Code strictly defines what is considered child pornography, even including certain forms of adult pornography if it portrays sexual stimulation in a manner considered as sexual exploitation.

      If a defendant knowingly possessed or engaged in the distribution of child pornography through peer-to-peer networks or other file-sharing programs, they might face serious penalties, including mandatory minimums under federal law. Even a wrongful act like unknowingly downloading such materials can lead to a child pornography charge, making this a highly complex and delicate area of law.

      Potential defenses may involve challenging the legality of searches conducted by law enforcement or disputing that the defendant committed the act in question. Issues such as illegal search and the precise nature of the visual depiction can be crucial in building a defense against both state court and federal level charges.

      Our Cleveland child pornography defense attorneys understand the intricacies of these cases, both in the federal system and according to Ohio law. We are committed to providing free consultation and guidance through the process, whether your case involves allegations of illegal material, nudity-oriented material, or other illicit materials related to sexual exploitation.

      With prior convictions having a significant impact on sentencing, it’s imperative to consult with an experienced attorney well-versed in legal defenses against these serious crimes. If you or someone you know is facing a child pornography charge, whether it involves a degree felony or second-degree felony, our team is here to provide knowledgeable guidance and legal assistance. today for a free consultation and take the vital first step in protecting your rights and reputation.

    • If Convicted of Child Pornography, Will I Go to Prison?

      Child pornography charges, or pandering obscenity involving minors, carry with them a possible prison sentence of 2 to 8 years per charge on a state level. On the federal level, these sentences can range from a minimum of 5 to 15 years, or possibly life in prison.

      In Ohio, child pornography charges include the following:

      • Ohio Revised Code §2907.321: Pandering obscenity involving a minor
      • Ohio Revised Code §2907.322: Pandering sexually oriented matter involving a minor
      • Ohio Revised Code §2907.323: Illegal use of a minor in nudity-oriented material or performance

      These charges are serious and mean you have to aggressively defend yourself. However, it is important to note that in cases we have defended, we have found that there are mistakes in the case that the government is not even aware of. One such example was a case where a roommate was using the computer while our client was overseas—clearly not guilty of the event.

      In another case, the file, or peer-to-peer, sharing software was set up incorrectly, causing files to auto-upload without the person’s consent. These cases take an aggressive, experienced Cleveland child pornography defense attorney to fight. Many cases involve tens or even over a hundred charges. At 2 to 8 years in prison per charge, you cannot afford to go cheap or inexperienced. Call today to see how we can help you.

    • Pandering Obscenity to a Minor (ORC 2907.321)

      If you have been charged with pandering obscenity to a minor, you need to immediately hire the best Cleveland defense lawyer that you can. This charge was formerly known as pandering obscenity involving a minor; informally, this is known as child pornography. Many of our clients are charged with this crime as a result of using a file-sharing program such as LimeWire, LemonWire, eMule, and other similar services. Task force agents send out a “ping” across the internet looking for the files and then download the file without the defendant even knowing.

      Ohio’s obscenity laws state a conviction under 2907.321 carries penalties involving a prison sentence of 2 to 8 years per charge, and many of these cases involve multiple charges, so a person could face decades in prison if convicted. In addition to this, those convicted will be required to participate in mandatory sex offender registration, with the potential to need to register as sex offenders for the rest of their lives. We can help. Get in touch with our child pornography lawyers today.

    • Illegal Use of Minor in Nudity-Oriented Material or Performance (O.R.C. 2907.323)

      If you are caught producing, selling, or possessing obscene material that features minors, you will be looking at charges that can take away your freedom and destroy your life. Anyone charged under illegal use of minors in nudity-oriented material or performance is facing a felony if convicted-and, in most cases, the charge is one of several that you will be fighting.

      Those who create materials that fall under O.R.C. 2907.323, including those adults who consent to allow their children to be used in them, will be charged with a second-degree felony and face two to eight years in prison.

      If you have been convicted under this section before, you’ll face a stricter sentence that leaves you ineligible for parole for as long as 8 years. Those who possess such materials will be charged at the fifth-degree felony level, with a sentence of between 6–12 months available. If there are previous convictions, you’ll face a fourth-degree felony charge, with a maximum sentence of 18 months.

    • Child Pornography and Federal Law

      The Anti-Child Pornography Act is a series of legal statutes aimed at combating the creation, distribution, and possession of child pornography. These laws have been enacted in many jurisdictions around the world, and there is substantial international cooperation to tackle this serious issue.

      In the United States, the laws against child pornography are rooted in several federal statutes, including the Protection of Children Against Sexual Exploitation Act of 1977, the Child Pornography Prevention Act of 1996 (CPPA), and the PROTECT Act of 2003.

      The CPPA, for example, broadened the definition of child pornography to include not only visual depictions of actual minors engaged in sexually explicit conduct but also images that appear to be minors or that are advertised to convey the impression that the material includes minors. This addressed the emerging problem of “virtual” child pornography created through digital manipulation.

      The PROTECT Act further strengthened the laws by eliminating the requirement that the material must depict an actual child, as long as it is a “visual depiction” that is “indistinguishable” from a minor. This closed legal loopholes that previously allowed offenders to escape prosecution.

      Under these laws, child pornography is defined to include a wide range of material, including photographs, videos, digital media, and even drawings. Possession, creation, distribution, or solicitation of child pornography is considered a serious federal crime, and it is punishable by severe penalties, including substantial prison sentences and heavy fines.

      In addition to federal laws, individual states have their own statutes targeting child pornography. These state laws often mirror federal regulations, but can include additional provisions specific to each state.

      The fight against child pornography also involves extensive cooperation between various law enforcement agencies, both within the United States and internationally. This includes the FBI, the Department of Homeland Security, Interpol, and others. They work together to track, investigate, and prosecute individuals involved in child pornography, employing techniques such as monitoring peer-to-peer networks and conducting sting operations.

      The laws against child pornography recognize the severe harm that the creation and distribution of such material cause to children. They reflect society’s commitment to protecting children from sexual exploitation and abuse.

      If you or someone you know is facing charges related to child pornography, it is crucial to understand the specific laws in your jurisdiction and to seek legal counsel with experience in this highly specialized area of criminal law. The penalties are severe, and the legal landscape is complex, requiring a defense that fully understands both federal and state statutes.

    • Federal Child Pornography Charges in Cleveland, OH

      One of the most devastating charges an individual can face is a conviction under child pornography federal law. Depending on which section of the code you are charged with, you could face a minimum of 5, 10, or 15 years in federal prison. That’s right.

      According to federal child pornography laws, child pornography is defined as an image or video of a minor (under 18 years old) being involved in sexually explicit conduct. The U.S. Constitution’s Commerce Clause gives Congress the authority to regulate interstate and international commerce. In other words, you will face federal charges if the illicit materials, the devices used to store illicit materials, or even the camera used to film or photograph child pornography crosses state or country lines—either online or by mail.

      If you are accused of various child pornography charges, not only do you have a mandatory minimum prison sentence, but you also face the real possibility of being put in prison well beyond the minimum. Sentencing in these cases is far different than in the state system. In the state system, you face definite periods of time between probation or 2-8 years in prison per count. In the federal system, your sentence can be greatly increased based on the facts of your case.

      For example, the following can lead to a longer sentence:

      • If you are accused of using a computer;
      • If the age of the victims in the pornography is very young;
      • If there are multiple videos and photos; or
      • If you show no remorse regarding the crime.

      Conversely, there are certain extremely specific reasons that a judge might depart below the mandatory minimums. These are specific defenses that need to be discussed with your Cleveland child pornography defense attorney.

    • Types of Federal Child Pornography Charges

      Common types of federal child pornography charges include:

      • Production of children (18 USC § 2251)
      • Selling and buying of children (18 USC § 2251A)
      • Possessing, receiving, or distributing child pornography (18 USC § 2252)
      • Certain activities in relation to material containing or constituting child pornography (18 USC § 2252A)
      • Production of sexually explicit depictions of children to import into the U.S. (18 USC § 2260)
    • Penalties for Federal Child Pornography Offenses

      Statistically, only convictions for sexual abuse, murder, and hostage-taking have longer sentences than child pornography convictions. Those convicted of sexual abuse, on average, receive a sentence of 125 months versus 121 months for child pornography.

      In the federal system, a defendant is facing a 5-year mandatory minimum jail sentence. The situation does not improve under federal sentencing guidelines, either. The typical defendant in a child pornography distribution case will start at level 22, which is 41–51 months. However, that number rapidly goes up with upward variances that affect most people charged with child pornography distribution.

    • How Does the Potential Jail Time Go Up So Quickly?

      If you or your loved one is charged, the government can increase the guideline sentence by:

      • 2 levels for a prepubescent minor
      • 2 levels for use of a peer-to-peer file-sharing program for distribution
      • 4 levels if there was any sexual contact with the child
      • 2 levels for the use of a computer
      • Up to 5 levels for the number of images

      Now, instead of looking at 41–51 months (or even the 60-month minimum under the statute), the defendant is at level 37, which means a possible sentence of 210–262 months of federal time. That means if you are the typical defendant, you are facing 20 years in jail, minimum.

      Even if you did not know that you were sharing child pornography images, but using a peer-to-peer network such as LimeWire, you may have inadvertently allowed others to download those images. An attorney who will help you through what can be an embarrassing situation is essential.

      You need someone prepared to fight for you. Our Cleveland child pornography defense lawyers can listen to your concerns and know how to face off with the government in these complex cases.

    • Probation for Child Pornography & Pandering Charges

      Every month, we see stories in the news about a government sting where several individuals were arrested as part of a “ring” producing child pornography. Often, we receive, understandably, frantic phone calls from the people who were arrested or their families. Almost every call involves how much time the person faces if convicted, and the numbers are often quite scary. For instance, in typical pandering or child pornography cases, the defendants are facing multiple counts, with each count requiring a prison sentence of between 2 and 8 years in prison.

      The judges also are in a tough position because the public hates child pornography crimes, which puts an incredible amount of pressure on them to sentence accordingly. This does not mean that you will go to prison if convicted, but it makes the chances of getting probation even harder to obtain. That is why it is important that you hire an experienced, skilled criminal lawyer to defend you. If, for instance, in a child pornography conviction with 10 counts of child pandering-assume only 10 pictures or 10 videos in state court, you are looking at a possible sentence of up to 80 years — even if this is your first offense. In federal court, the calculation is completely different.

  • Enticement TOC

    • What Is Child Enticement?
      Protecting children from predators is a significant concern these days, and when a person entices, lures, coaxes, or otherwise convinces a child under 14 years old to accompany them somewhere without permission, they can be charged under O.R.C. 2905.05, Criminal Child Enticement. Charges for this offense are often filed along with other charges, such as unlawful sexual conduct with a minor, gross sexual imposition, disseminating matter harmful to juveniles, importuning, and possessing criminal tools.
    • Ohio Child Enticement Penalties

      Luring, enticing, or soliciting a child to accompany you in any manner without the permission of a parent or guardian is a crime. Under Ohio’s child enticement law, you can be charged with first-degree misdemeanor.

      This conviction can lead to the following penalties:

      • Up to six months in jail
      • Up to a year in prison (if charged with priors)

      If you have previous convictions under this section or for related crimes like kidnapping or abduction, you’ll face a fifth-degree felony charge of criminal child enticement and up to a year in prison.

  • Sex Crimes TOC

    • Why You Need a Criminal Defense Attorney From Patituce & Associates, LLC

      In Ohio, sex crimes are prosecuted with rigorous scrutiny and under stringent guidelines set forth by the Ohio Revised Code. Sex crime cases are handled with special attention due to the highly sensitive nature of these allegations.

      Criminal defense lawyers for sex crimes are instrumental in many sex crime cases, employing aggressive defense strategies to scrutinize the evidence, including potential false accusations. Understanding the complex dynamics of sexual abuse, including the mental or physical condition of the alleged victim, is critical in building a robust defense. Many sex offenders are charged with a sex crime without proper substantiation of criminal allegations, leading to a dire need for experienced legal representation.

      Our team of Cleveland sex crime defense lawyers is well-versed in various aspects of the Ohio Revised Code, including specific areas like pandering obscenity involving minors, sexually-oriented protection orders, and other criminal offenses. Whether facing criminal appeals or issues related to child custody following a conviction, our sex crimes lawyers are equipped to provide unparalleled criminal defense.

      We acknowledge that every case is unique and requires a tailored approach, involving cooperation with mental health professionals if needed. Our commitment to defending those charged with a sex crime in Cleveland and throughout Ohio reflects our extensive experience and dedication to justice. If you or a loved one has been accused, securing a seasoned sex crime defense lawyer from our team should be your priority. We stand ready to provide the legal representation you need, with a deep understanding of the challenges associated with alleged victims and the potential consequences under both state and federal law.

    • Common Types of Ohio Sex Crimes

      Chapter 2907 of the Ohio Revised Code contains various statutes concerning prohibited sexual conduct.

      Sex crimes in OH that our Cleveland sex crime lawyers defend include:

      • 2907.02 – Rape
      • 2907.03 – Sexual battery
      • 2907.04 – Unlawful sexual conduct with a minor
      • 2907.05 – Gross sexual imposition
      • 2907.06 – Sexual imposition
      • 2907.07 – Importuning
      • 2907.08 – Voyeurism
      • 2907.09 – Public indecency
      • 2907.19 – Commercial sexual exploitation of a minor
      • 2907.21 – Compelling prostitution
      • 2907.22 – Promoting prostitution
      • 2907.23 – Enticement or solicitation to patronize a prostitute; procurement of a prostitute for another
      • 2907.28 – Payment for medical examination and test of any victim or accused
      • 2907.31 – Disseminating matter harmful to juveniles
      • 2907.311 – Displaying matter harmful to juveniles
      • 2907.32 – Pandering obscenity
      • 2907.321 – Pandering obscenity to a minor (child pornography)
      • 2907.322 – Pandering sexually oriented matter involving a minor
      • 2907.323 – Illegal use of a minor in nudity-oriented material or performance
      • 2907.33 – Deception to obtain matter harmful to juveniles
      • 2907.34 – Compelling acceptance of objectionable materials
      • 2907.38 – Permitting unlawful operation of viewing booths depicting sexual conduct
      • 2907.39 – Permitting juveniles on premises of adult entertainment establishment; use of false information to gain entry
      • 2907.40 – Illegally operating a sexually oriented business

      As former prosecutors, our lawyers are adept and handling a wide variety of sex crime cases, from child pornography offenses to internet sex crimes. We understand how law enforcement agencies handle these criminal charges, including their strategies for collecting physical and forensic evidence, and how to counter these criminal allegations with a strong legal defense.

      At Patituce & Associates, LLC, we know that being accused of any sex-related crimes can be overwhelming. That is why our sex crimes lawyers in Cleveland are here to skillfully guide you through your case. Our criminal defense attorneys are prepared to be your champions and aggressive defenders.

    • Ohio Sex Crimes Penalties

      In Ohio, sex offenses can range from misdemeanors to felonies, depending on the nature of the offense. A conviction may result in a jail or prison sentence and fines.

      The followings are the level and degrees of charges and potential penalties for sex crimes:

      Fourth-degree misdemeanor:

      • Up to 30 days in jail and/or
      • Up to $250 in fines
      • Fourth-degree misdemeanor sex crimes include, but are not limited to:
        • Public indecency involving exposure of private parts

      Third-degree misdemeanor:

      Second-degree misdemeanor:

      • Up to 90 days in jail and/or
      • Up to $750 in fines
      • Second-degree misdemeanor sex crimes include, but are not limited to:
        • Voyeurism involving the recording of a nude person
        • Public indecency involving masturbation or sexual conduct in front of a minor

      First-degree misdemeanor:

      • Up to 180 days in jail and/or
      • Up to $1,000 in fines
      • First-degree misdemeanor sex crimes include, but are not limited to:
        • Unlawful sexual conduct with a minor (when the alleged offender is less than four years older than the victim)
        • Voyeurism involves recording under or through clothing
        • Public indecency involving exposure of private parts to coerce a child to engage in sexual conduct

      Fifth-degree felony:

      • Up to 12 months in prison and/or
      • Up to $2,500 in fines
      • Fifth-degree felony sex crimes include, but are not limited to:
        • Voyeurism involving a minor

      Fourth-degree felony:

      • Up to 18 months in prison and/or
      • Up to $5,000 in fines
      • Fourth-degree felony sex crimes include, but are not limited to:
        • Unlawful sexual conduct or sexual contact with a minor
        • Gross sexual imposition
        • Promoting prostitution

      Third-degree felony:

      • Up to 36 months in prison and/or
      • Up to $10,000 in fines
      • Third-degree felony sex crimes include, but are not limited to:
        • Sexual battery
        • Unlawful sexual conduct with a minor (when the alleged offender is more than 10 years older than the victim)
        • Importuning
        • Commercial exploitation of a minor
        • Compelling prostitution

      Second-degree felony:

      • Up to 12 years in prison and/or
      • Up to $15,000 in fines
      • Second-degree felony sex crimes include, but are not limited to:
        • Sexual battery against a person under 13 years of age
        • Compelling prostitution of a minor between 16 and 17 years of age

      First-degree felony:

      • Up to 16.5 years in prison and/or
      • Up to $20,000 in fines
      • First-degree felony sex crimes include, but are not limited to:
        • Rape
        • Compelling prostitution of a minor under 16 years of age

      Working with a knowledgeable Cleveland sex crime Lawyer can help you defend yourself against a charge and seek a favorable outcome in your case.

    • Charges for Unlawful Sexual Conduct with a Minor in Ohio

      Ohio law prohibits any person 18 years of age or older from engaging in sexual conduct with a minor between 13 and 15 years of age. It is a defense that the individuals were married at the time of the offense.

      Sexual conduct is defined as:

      • Vaginal or anal intercourse
      • Oral sex
      • Insertion of any body part or instrument into the vagina or anus of another

      Depending on the alleged offender’s and victim’s ages, unlawful sexual conduct with a minor can be charged as either a misdemeanor or a felony. The prosecution of these types of sex-related offenses often involves collecting and analyzing physical evidence and forensic evidence, which may include examination of the vaginal or anal opening, clothing, and other sexually oriented matter.

      As ex-prosecutors, we are acutely aware of the life-altering ramifications of a conviction for having sex with a minor. With over 200 jury trials and a success rate of 95%, we know how to develop defenses to put your case in the best possible position. Our sex crimes attorneys in Cleveland employ a combined approach, which can help as we seek to minimize your life-long reporting requirements and the short-term consequences resulting from a sex crime case.

    • Sex Offender Registry in Cleveland, Ohio

      At the beginning of your case, your attention may, understandably, be focused on the nature of the allegations and the potential term of incarceration you are facing. However, it is also important to recognize that a conviction, even for a misdemeanor, can have long-term consequences, as you may be required to participate in mandatory sex offender registration in Ohio. This reporting requirement means that registered sex offenders must provide the local sheriff with their personal identifying information for a certain length of time.

      In Ohio, sex offender reporting requirements are determined by the category a convicted person is placed into.

      Referred to as tiers, the categories govern the frequency and duration of your registration requirement:

      • Tier I: Requires registration with local law enforcement for 15 years once a year. After 10 years, the offender can petition to be removed.
      • Tier II: Requires registration with local law enforcement every 180 days for 25 years.
      • Tier III: The most severe, requiring the offender to report to local law enforcement every 90 days for life.

      Because an innocent mistake can lead to long-term implications, it’s crucial that you consult with a sex crimes attorney in Cleveland who knows how to navigate the criminal justice system and create a robust defense against sexual crimes charges.

    • The Importance of Working with an Experienced and Honest Sex Crime Lawyer

      Recently, we had a conversation with a mother and daughter that reminded us of the importance of attorneys providing honest and straightforward communication with potential clients. The daughter called us shocked, scared, and overwhelmed because her father had just been arrested in a suburb of Cleveland by (what seemed like) half of the county’s police force.

      The first attorney the mother and daughter spoke to promised everything, but was scarce on facts. He said that he could get an acquittal in one of the most complex cases to defend: a sex crime against a child. Depending on the situation, these cases are winnable and defensible, but an attorney must have experience handling them. When they pressed for his résumé or experience, the mother and daughter quickly found that he was just a salesman with a few gimmicks.

      Avoid at all costs attorneys who make promises outside of how hard they will work for you. Having a good sales pitch is always nice, but it is more important to be honest with clients.

      We have seen firsthand the impact an experienced criminal defense lawyer can have on a case’s outcome. Hiring an experienced Cleveland sex crime defense lawyer can mean the difference between incarceration and freedom.

      Our results testify to the hardworking ethos of our law firm. In one notable case, a Client was accused of rape and sexual misconduct. Through our efforts, the client avoided being charged. The client was able to put the matter behind him and faced no charges. For more case results and related sex crime news, visit our blog.

    • We Believe in Three Principles
      1. Some of the people who are charged with these crimes are innocent and deserving of our time, energy, and help.
      2. Some of these people are guilty of committing an offense, but are not guilty of what they are charged with.
      3. Some people are guilty of the crime they are accused of but deserve skilled defense to fight the prosecutor (government) who seeks decades of prison time.

      If you would like to see how our firm can help, contact our Cleveland sex crimes lawyers today. We can be reached at (440) 771-1175.

    • Do Not Speak to Police. Speak to Us First About Any Sexual Offense Charge.

      Many individuals believe that if they speak to the police and explain their side of the story, they can avoid being charged with a sex crime. This is typically not the case. In our experience defending people accused of sex crime charges, we have found that most people convict themselves before they are even charged. At times, it may be in your best interest to speak to the police; however, consult a Cleveland sex crime attorney before making a formal statement. Remember, anything you say can and will be used against you.

      Speaking with an attorney will help you understand what you are facing as far as criminal or civil sanctions. At Patituce & Associates, LLC, our Cleveland sex crimes lawyers ensure that our clients understand their charges, potential penalties, and possible defenses.

    • Criminal Defense for Sex Crimes in the Cleveland Area

      We find that one of the more daunting tasks for clients charged with a sex crime is finding an attorney who:

      • Is experienced enough to handle the case; and
      • Makes the client comfortable with the representation.

      If you have been charged with a sex crime in Ohio, hire an experienced team of Cleveland sex crimes lawyers who focus heavily on those types of cases. It is also important that you feel comfortable working with the firm you retain.

      If you are serious about defending yourself from sex-related charges in Cleveland, call our team today. The call is strictly confidential. We promise that we will treat you with the respect and dignity that you deserve. To set up a free consultation with our Cleveland sex crimes attorneys, at (440) 771-1175.

  • Vandalism TOC

    • Regardless of the situation surrounding your vandalism charges, Ohio courts take these cases very seriously. We understand you may have extenuating circumstances or a viable defense that could reduce or eliminate the charges currently pending against you.

      At Patituce & Associates, we take the time to learn exactly what happened and why you are facing criminal felony vandalism charges. We can help you build a strong defense or negotiate a resolution that may avoid a felony conviction.

    • Vehicular Vandalism (O.R.C. 2909.09)

      Vehicular vandalism is a charge that doesn’t get a lot of sympathy for the accused. Almost everyone drives and can relate to the fear and danger of a sudden impediment in their way. Dropping objects onto a roadway or into the path of a vehicle or throwing objects at cars, trains, boats, or other vehicles is against the law in Ohio.

      Cleveland prosecutors can charge you with vehicular vandalism at several grades, depending on the risks and injuries caused to another. At a, you’ll face a first-degree misdemeanor and a possible jail sentence of six months. If there is a risk of injury to others or property is damaged, the charge becomes a fourth-degree felony, with the potential for an 18-month sentence if you’re convicted.

      If the conduct actually causes injuries, you will be charged with a third-degree felony and face up to five years in prison if convicted. If someone is seriously injured, you will be charged with a second-degree felony, which can put you in prison for up to eight years.

    • Interference with Operation of Train (O.R.C. 2909.10)

      The Ohio statute O.R.C. 2909.10 covers several types of conduct. The base charge for activities like throwing objects at trains, climbing onto locomotives without permission, or delaying the operation of a locomotive is a first-degree misdemeanor, with a potential sentence of up to 180 days in jail if you are convicted.

      If the train-related conduct causes physical harm to property or a substantial risk of harm to people, you can be charged with a fourth-degree felony and can be sentenced to as long as 18 months in jail if convicted. If a person is physically harmed by the conduct in question, the charge will be a third-degree felony with a sentence of up to five years in prison. If the injuries are serious, you could face a second-degree felony charge and can be imprisoned for as long as eight years upon conviction.

    • Railroad Grade Crossing Device Vandalism (O.R.C. 2909.101)

      Ensuring that railroad crossings are well marked and that equipment like bells, lights, and gates are in working order is important for public safety. For that reason, prosecutors in Cleveland can charge people who damage or tamper with those devices with the crime of railroad-grade crossing device vandalism. As a base charge, it is a first-degree misdemeanor with a sentence of up to 6 months in jail upon conviction.

      If a person is injured by railroad grade crossing device vandalism, you could face a third-degree felony charge and a sentence of up to 5 years in prison. If a person is seriously injured, you may be charged with a second-degree felony and face up to 8 years in prison.

    • Property Damage Charges in Ohio
      Where property is damaged, or there is a substantial risk of harm to people, the charge becomes a fourth-degree felony, with 6 to 18 months of jail time possible. Keep in mind these are potential penalties that can be imposed when someone is convicted of a felony vandalism crime. Not all cases are resolved with a conviction. Talk to an experienced vandalism defense lawyer at Patituce & Associates to better understand your legal rights and potential case outcomes.
    • Ohio Vandalism Charges Against Minors

      The laws for vandalism charges apply equally to adults and juveniles alike. If a minor, who is an individual under the age of 18, allegedly commits the crime of vandalism, they will navigate the juvenile justice system. Reach out to a Cleveland criminal defense attorney to learn more about the juvenile justice system and what your minor can expect throughout the process.

      Basically, the way that the court prosecutes the crime and handles a minor defendant will be different. In this system, the court has a much broader way of handling the offense than if an adult were accused of the same crime. Some of the types of penalties can include:

      • Restitution
      • Fines
      • Probation
      • Diversion
      • Detention
  • Arson TOC

    • What Is Arson?

      In the state of Ohio, Arson is defined as starting a fire or creating an explosion that:

      • Physically harms or creates a substantial risk of harming a person’s property, without his or her consent.
      • Physically harms or creates a substantial risk of harming a person’s property with the intent of defrauding.
      • Physical harm or threats create the risk of harming any government-owned building structure that is used for public purposes.
      • Physically harms a person’s property through the offer or the acceptance of an agreement for hire or other consideration, without the individual’s consent, or for the purpose of defrauding.
      • Physically harms or creates a substantial risk of harming any park, preserve, wildlands, brush-covered land, cut-over land, forest, timberland, Greenlands, woods, or similar real property, without consent or with the purpose of defrauding.

      It is necessary for the state prosecutor to prove your actions as well as your intent. For more information about arson laws in Ohio, contact Patituce & Associates. Our team will be happy to assist you and help answer any questions that you may have.

    • Cleveland Arson Charges & Penalties

      Ohio’s arson code covers a variety of circumstances, each with varying degrees of legal penalties. For instance, causing or creating a substantial risk of physical harm to property without the owner’s consent is a first-degree misdemeanor and may lead to 6 months in jail. Where the value of the property is more than $100,000, the charge becomes a fourth-degree felony, with the potential for up to 18 months in prison. The same sentencing applies when the risk of harm is directed at a courthouse, public building, forest, park, or public greenway.

      In the state of Ohio, aggravated arson has to do with physically harming or threatening to cause or create substantial physical harm to another person by starting a fire. Burning an occupied building is an example and would be classified as a second-degree felony. Paying an individual to start the fire with the intent to harm is also considered aggravated arson. Aggravated arson charges are extremely serious in Ohio, and prosecutors take every step possible to win a conviction.

      Ohio prosecutors can charge aggravated arson at two levels:

      • Second-degree felony – Punishable by up to 8 years in prison
      • First-degree felony – Punishable by up to 11 years in prison

      A second-degree felony is a best-case scenario for aggravated arson charges. You may face second-degree felony charges if an occupied structure was damaged. If your alleged conduct created a substantial risk of serious physical harm to others, or you offered/accepted money to create that risk, you may face first-degree felony charges.

    • Challenging Arson Charges in Cleveland

      In our experience, there is a potential defense to any criminal offense, including arson. Reach out to a Cleveland criminal defense lawyer.

      Depending on your case, we may be able to argue the following in the face of arson charges:

      • It was an accident
      • You were mistakenly identified
      • You received consent
      • Your rights were violated in some way

      Call Patituce & Associates now at (440) 771-1175 to schedule your first consultation with one of our Cleveland arson defense lawyers. We are here to help you.

    • Suggested Reading
  • Property TOC

    • Types of Property Crime Cases We Handle

      Our Cleveland criminal defense firm takes on all types of cases for clients in Ohio. Although some may consider property crimes to be less serious than violent crimes or other offenses that involve causing harm to another person, significant penalties may be enforced, and a conviction can affect you for the rest of your life. That’s why we push and fight for the best results for every client we represent.

      We can handle any property crime case in Cleveland, such as:

      Cases like these demand unwavering legal counsel, and that is precisely what we provide.

    • Challenging Property Crime Charges in Cleveland, OH

      When it comes to property crimes, there is no such thing as an “open-and-shut” case. You have undeniable rights outlined in the U.S. Constitution to protect you from a wrongful conviction. Precedents set by case law offer additional guidance and protection. Our Cleveland property crime defense lawyers use our knowledge of these matters to build compelling strategies that exploit weaknesses in the prosecution’s case and expose violations of our clients’ rights.

      For example:

      • Were you read your Miranda rights, including your right to remain silent and your right to an attorney?
      • Were you subjected to an unlawful search or arrest?
      • Was evidence mishandled in any way?
      • If there was a witness, is this a case of mistaken identity?
      • Was the alleged property crime justified or committed under duress?

      These are just a few key questions we may consider when challenging property crime charges.

      Interested in learning more? Contact our firm and schedule a confidential consultation today!

  • Judicial Release TOC

    • Why Choose Patituce & Associates as Your Ohio Judicial Release Attorneys?

      When seeking judicial release in Ohio, it’s essential to have a robust, experienced defense team by your side. Here at Patituce & Associates, we are uniquely positioned to be that team for you. Boasting over 70 years of combined legal experience, our Ohio criminal defense attorneys retain a profound understanding of the intricacies associated with the judicial release process.

      Our team stands out as a beacon of competence and credibility in the legal community. It includes former prosecutors, lawyers licensed across four states, and legal professionals regularly recognized in media outlets for their insight and prowess. More than that, we are the firm that other attorneys, police, and prosecutors themselves turn to when in need of counsel.

      As our client, you can expect consistent support at all times. We are available 24/7 to respond to your queries, provide status updates, and generally offer the reassurance you need during this challenging journey. We also offer complimentary, confidential phone consultations, ensuring you understand your case’s standing from the outset and make an informed choice regarding your representation.

      When the stakes are this high, trust us to stand by you, advocating for your rights and freedom with unparalleled vigor.

    • What Is Judicial Release?

      Judicial release is a legal vehicle available to incarcerated individuals. Essentially, when you pursue this option, you are asking the court to reconsider your sentencing and let you out of prison early because you are rehabilitated.

      As dictated by Ohio Revised Code Section 2929.20, judicial release permits a judge to suspend a prisoner’s remaining sentence and place them on supervised probation. It’s a complex procedure, one that necessitates a compelling presentation of the reasons for your release and the assurance of your successful reintegration into society. Maneuvering this legal pathway alone can be daunting, hence the irreplaceable role of a skilled judicial release attorney.

      Our accomplished team of Ohio criminal defense attorneys brings a wealth of knowledge and experience to your judicial release application, expertly handling the intricacies of the process, and fiercely advocating for your freedom.

    • How Often is Judicial Release Granted in Ohio?

      The rate at which judicial release is granted in Ohio can vary widely depending on several factors, including the nature of the original offense, the offender’s behavior while incarcerated, and the judge’s discretion. Unfortunately, specific statistics regarding the approval rate for judicial release in Ohio are not readily available.

      Individuals do not have a right to judicial release. Whether or not it’s granted is at the sentencing judge’s discretion. Thus, if you are seeking a reduced prison term, you must make a strong case. Often, doing this effectively requires the help of a criminal defense lawyer who knows the process and has an excellent command of written and verbal communication skills.

      At Patituce & Associates, LLC, our Ohio judicial release lawyers are practiced in crafting compelling and cogent cases, and we are confident in our abilities to make oral arguments in front of a judge. When you choose our team, we will focus on developing a unique narrative for your specific situation.

      Our system is twofold:

      • First, we have developed a judicial release approach designed to assist clients in building their release plans and establishing multi-level support systems. We know that no judge will release an incarcerated individual early if they do not demonstrate that they are prepared to replace patterns of bad choices with plans for productive citizenship.
      • Second, we want to present our client’s requests in a way that detaches them from the stigma of conviction and incarceration that prevent a fair assessment of their rehabilitation.
    • Am I Eligible for Judicial Release in Ohio?

      The opportunity to apply for judicial release arises under specific circumstances. Generally, it depends on the length of the prison term and the type of offense committed. For example, if your imposed prison term is less than two years, you become eligible for judicial release immediately. For prison terms that are two years or more, the timing to apply for judicial release varies, extending from days to years after the imposed prison time.

      Certain offenses, however, are ineligible for judicial release. For instance, first or second-degree felonies or mandatory prison terms do not allow the opportunity for judicial release, with some exceptions for particular cases.

      Successfully applying for judicial release involves persuading a judge that the balance of the imposed sentence can be suspended and replaced by probation. The judge will review several factors in making their decision. They will likely consider the nature of the offense, your conduct while incarcerated, your demeanor, your potential for rehabilitation, and your preparedness to reintegrate into society successfully, amongst other things.

      To be eligible for judicial release, you must be serving at least one non-mandatory prison sentence. If you have been sentenced to only a mandatory term of imprisonment, you will not qualify for this post-conviction relief. However, if you have both a mandatory and non-mandatory sentence, you can seek judicial release after you have completed your mandatory term of incarceration.

      Before you can apply for judicial release, you must serve a portion of your prison sentence. The amount of time you must wait depends on your charges and the length of the sentence imposed.

      Periods for filing a motion for judicial release are as follows:

      • Serving a non-mandatory sentence of less than two years: Any time after being incarcerated
      • Serving a 2- to 4-year non-mandatory sentence: 180 days after being incarcerated
      • Serving a 5-year non-mandatory sentence: Four years after being incarcerated
      • Serving a 6- to 10-year non-mandatory sentence: Five years after being incarcerated
      • Serving a non-mandatory sentence of more than ten years: After serving half of the imposed prison term
    • How to File for Judicial Release in Ohio

      The process for requesting early release from prison begins with filing a motion to the sentencing court.

      One of the most important documents that you include with this motion is a statement explaining why you are seeking relief and how you’ve been rehabilitated. Essentially, the memorandum lets the judge know what programs and treatments you’ve participated in and how they’ve changed your life for the better.

      In addition to explaining how you’ve taken advantage of opportunities while incarcerated, you must also establish a plan for staying on your changed path. For instance, you might elaborate on services you will participate in or places or people you’ll avoid after you’ve been released.

    • What Is the Ohio Judicial Release Process?

      Several steps are involved in seeking judicial release, which include:

      • Filing a motion: As mentioned earlier, you must submit your request and supporting documents to the court that imposed your sentence.
      • Waiting for a response: After you have submitted your motion, you must wait to see if the court schedules a hearing. In some cases, the court can deny a motion without holding a hearing. However, it cannot grant a request unless it conducts a hearing.
      • Attending a hearing: If the court does not deny your motion, it may request that you attend a hearing. During this proceeding, you, your attorney, and any other interested party can present arguments about whether or not the court should grant your motion. It’s important to note that if the court denies your request after the hearing, you cannot seek this relief again. Thus, it’s crucial that you retain legal representation to help you through this process.

      Remaining on community control: If the court grants your request for judicial release, you’ll be placed under supervision for up to 5 years. During this time, the court will suspend your remaining prison sentence. If you adhere to all conditions of community control, your prison term balance is wiped. However, if you violate the conditions, you will be re-incarcerated for the time you had left on your sentence before being granted relief.

    • How an Experienced Ohio Judicial Release Attorney Can Help

      Navigating the complex and delicate legal process of attaining judicial release requires experience and a deep understanding of Ohio law. An experienced criminal defense attorney can help you at every stage of the process. From the inception, your attorney can evaluate your eligibility for judicial release, guide you through the intricacies of the application, and present a compelling case before the judge.

      Their role also extends to filing a timely motion for judicial release and preparing you for the testimony in court. They build a persuasive argument that outlines your readiness for reintegration into society and emphasizes positive transformed behavior during imprisonment that makes you an ideal candidate for probation.

      In cases where the prosecution opposes the motion for judicial release, having a seasoned attorney becomes even more crucial. They can expertly counter the arguments of the prosecution, strategically using their wide-ranging knowledge of Ohio theft laws and courtroom finesse to advocate for you.

      By proactively identifying potential hurdles and preparing for them, an experienced Ohio Judicial Release Attorney can greatly improve your chances of a successful case outcome. If you are considering applying for judicial release, aligning with a competent attorney can make a substantial difference, providing a robust defense and navigating the complicated legal proceedings effectively.

  • Habeas TOC

    • What Is Habeas Corpus?
      Translated from Latin, “habeas corpus” means “to produce the body.” Essentially, the court is telling the agency that has incarcerated an individual to bring them before the court to determine whether their detention is lawful. Pursuing a writ of habeas corpus is a constitutional right protecting people from the loss of liberty without justification. It also prevents government agencies from abusing their discretion and unlawfully detaining individuals.
    • How to File Habeas Corpus

      To seek relief through habeas corpus, the individual pursuing this option must file a petition with the court. Typically, this is done while they are still in custody and after they have exhausted all other post-conviction relief methods.

      When seeking habeas corpus, the individual must include in their petition a statement stating the action they are requesting the court to take. They must also elaborate on the grounds on which they are pursuing relief, meaning that they provide evidence supporting their claim that their imprisonment is unlawful.

      After the court receives the petition for habeas corpus, it will schedule the petitioner for a hearing. During this proceeding, the petitioner, their lawyer, and the official overseeing the incarceration may have a chance to present oral arguments backing their assertions about whether or not the confinement is lawful.

      It’s important to note that this hearing is not designed to determine the petitioner’s guilt or innocence of the crime for which they were convicted. Also, it’s different from a direct appeal in that the court is not reviewing the case record to determine whether an egregious legal error occurred that substantially impacted the outcome of the case. At question during a habeas corpus hearing is whether the enforcement official has lawful authority to keep the individual detained.

    • What Happens When a Writ of Habeas Corpus is Granted?

      If, after considering all facts presented in the case, a court determines that the petitioner’s incarceration is unlawful, the habeas corpus request will be granted. When such a case is decided in the petitioner’s favor the conditions of their confinement may be altered.

      Possible outcomes of a writ of habeas corpus being granted include the following:

      • Change in conditions of incarceration,
      • Qualify for a reduced sentence and/or
      • Release from custody
    • Proving Complex Habeas Corpus Claims in OH

      Habeas corpus claims present some of the most intricate procedural issues of any criminal litigation. Issues can only overcome procedural default in a federal habeas corpus claim when they have been raised in every step of your direct appeal.

      In fancy legal terms, we say that every issue must have been “procedurally exhausted.” Additionally, the claims you raised must allege that the state unreasonably applied the facts in your case or failed to follow firmly established United States Supreme Court precedent.

      Please contact our Ohio habeas corpus attorney at (440) 771-1175 for information about habeas corpus representation.

  • Direct Appeal TOC

    • Our Cleveland Criminal Appeal Attorney Takes the Following Actions in Direct Appeal Cases:
      • We will read your trial court transcripts to identify legal and procedural errors that may have violated your rights.
      • We will research those errors and submit an extensive, thorough brief to the appellate court.
      • We may also make oral arguments in support of your claims before a panel of three judges.

      The appellate court will either affirm or vacate your conviction and/or sentence, depending on the legal arguments presented and the court’s opinion. For assistance, contact our Ohio direct appeal lawyers online or by calling (440) 771-1175

    • How Much Does It Cost To File An Appeal in Ohio?
      Each case is different and the cost varies with how complicated your matter is. For instance, if you wish to appeal a simple plea and sentence that will be less than if you wish to appeal from a full trial or a suppression hearing.
    • Appeal Process in Ohio

      A defendant only has 30 days to notify the court that he/she intends to appeal. Time is very important on an appeal. Typically you must have your notice of appeal filed within 30 days of the last event that happened in your case. Normally the sentencing. If you miss this your appeal might be denied even though you should win.

      The procedural nuance after conviction is tricky. Clients cannot raise new evidence in their direct appeal. Direct appeals are limited to what is already in the trial record. There are procedures available to raise new evidence.

  • Post Conviction TOC

    • Post-Conviction Claims In Ohio

      There are several reasons to seek post-conviction relief. Overturning a wrongful conviction could be based on the development of new evidence, ineffective counsel, improper conduct by the judge, prosecution, or jury, or changes in the law that would result in a reduced sentence.

      Post-conviction relief cases often start by reading and investigating transcripts and other written materials from the court proceedings. Our Cleveland criminal defense lawyers will thoroughly review your case to determine if you have grounds for post-conviction relief and then seek to vacate or modify your conviction. Not only do we want to obtain the freedom and justice you deserve, but we also want to make sure that this doesn’t happen to another innocent person ever again.

      If you have discovered new favorable evidence that was not available at the time of your trial, you can file a Motion for New Trial. To prevail on a new trial motion, we must show that the outcome of your case would have probably been different if the judge or jury would have known about the new evidence.

      Truthfully, all types of post-conviction relief are very difficult to obtain. If you want a new trial, or if you are interested in another type of post-conviction relief, you need an Ohio criminal defense attorney who understands the law and complex procedures that govern these claims.

    • Personalized Post-Conviction Relief Representation

      We believe that meaningful client relationships are an essential element of success in post-conviction work. A case file and trial record can only tell the story of what has happened in a case. However, a post-conviction claim is an opportunity to address what did NOT happen. The transcript may tell you what did happen but it cannot inform an attorney as to what did not occur on the record. Accordingly, client relationships are essential to fully develop post-conviction claims.

      If you or an incarcerated loved one believes that evidence in your case was withheld or new evidence has been discovered, you may be able to have your conviction overturned. Please Patituce & Associates, LLC if you would like to have your case considered for post-conviction or new trial representation.

      Our Ohio post-conviction attorneys at Patituce & Associates, LLC may be able to help. Call (440) 771-1175 to discuss what options are available.

  • Juv TOC

    • How Are Juvenile Crimes Different?

      Criminal offenses involving minors are different than those involving adults for various reasons:

      • The juvenile justice system is one of the most complicated, misunderstood systems around. Juveniles are not given the same rights as adults, so the risk is greater.
      • As an example of juveniles not having the same right, we look at the fact that juveniles do not have an automatic right to a trial by jury. This means that almost all cases have to be tried by a single judge.
      • Also, in juvenile cases, there is no right to a bond or bail. A juvenile is either held in the detention center while their case is pending, released on home detention, or released to their parents. This, coupled with the fact that there is no right to a speedy trial for a juvenile, could mean that the child could sit in a juvenile detention center for years before their case is even heard in the courtroom.
      • Juvenile sentencing for crimes is different as well. If a child receives a criminal conviction of a felony and is shipped to prison, they can stay for anywhere from 6 months until they turn 21, it is up to the Department of Corrections. In other words, a juvenile could receive a sentence resulting in five or more years in prison, whereas an adult would, at most, serve one year. These are reasons why a Cleveland juvenile criminal attorney is needed.

      As former prosecutors, we can tell you just how important it is to find a respectable, honest Cleveland juvenile criminal lawyer to represent your child if they have been charged with any crime. Juveniles are treated differently, by law, than adults—and it can often lead to some quite shocking results. These are significant rights adults enjoy that juveniles do not-another reason why an experienced Cleveland criminal attorney is required.

    • Juvenile DUI: Why Was My Child Charged with DUI?
      In Ohio, there are numerous charges relating to driving while under the influence (DUI) of alcohol and/or drugs. One such charge for adults is taking a breath test and having a result of 0.08 or over. This is what is referred to as a per se limit. However, for someone who is underage (under the legal drinking age of 21), the per se limit is much lower. Someone who is under the age of 21 can be charged if they take a breath test and have a result of 0.02 or higher. So, your child may be charged with DUI for having a breath test result over the per se limit—even if their result was under 0.08. The penalties for underage DUI can be severe, but an experienced DUI defense attorney can help you fight them.
    • Will My Child Be Prosecuted as an Adult or Tried in Juvenile Court?

      When a child commits a crime, in most cases, he or she will be tried in juvenile court. Punishment often involves rehabilitation and mandatory provisions to put the child back on the right path in life.

      However, there are some instances where a minor can face criminal charges as an adult in Ohio. According to state law, if a minor has fulfilled a certain criterion, then juvenile courts can send the case to state court. For example, if the child is accused of aggravated murder, and they are 16–17 years of age or 14–15 years of age and have been committed to an Ohio Department of Youth Services facility, they will be tried as an adult. Likewise, whenever a child is 16–17 years of age and commits a serious felony offense, they will be tried in adult court.

      In order to qualify for adult court, the minor must’ve been at least 14 years of age when the alleged crime was committed. Law enforcement must also establish probable cause to believe that the child committed a crime.

      In addition to those two requirements, if both of the following are true, the minor will be tried as an adult:

      • The child will not benefit from rehabilitation or treatment in a delinquent facility.
      • The child must be legally restrained for the sake of the community’s safety.

      The courts need to investigate the matter to perform a discretionary transfer to adult court. The age and mental state of the child will be subject to investigation, as well as the injuries to the victim, the relationship with the victim, and the circumstances of the crime. When the investigation concludes, a court hearing will be held to decide if there is enough evidence to try the minor in adult court.

      The following are the types of offenses that automatically result in adult court:

      • Violent crimes – A minor at least 14 years old can be tried as an adult if they are charged with murder, aggravated murder, voluntary manslaughter, robbery or burglary, kidnapping, or aggravated arson.
      • Sex crimes – Those tried as juvenile sex offenders of at least 14 years old can be tried as an adult if they are charged with rape or sexual assault.

      If a minor has had juvenile detention for any crime mentioned above, then their case will be held in adult court.

    • What If My Child Was Charged with a Felony?

      As Cleveland parents, we all care deeply about the health and welfare of our children. Few things can be as horrifying for a parent as having their child charged with a felony. If your child has been charged with a felony, you need to immediately obtain experienced criminal representation for them. If your child is an adult, even though we do not really consider our 18-year-olds to be adults, the need is even more pressing.

      In the juvenile justice system, a child charged with a felony faces a unique set of challenges that need to be overcome by their attorneys. A child can end up in a secure detention facility (juvenile detention) until their 21st birthday on certain charges. On top of that, a finding of delinquency (the adult equivalent of guilty) can stick with them for the rest of their life. It is all too common that an individual’s prospects for college, employment, and more are affected by a criminal record that they obtained at a young age.

      Our attorneys believe that juvenile offenders deserve fair treatment by the justice system, and for this reason, it is important that these matters are handled by a skilled Cleveland juvenile defense attorney.

    • Handling Cleveland Juvenile Charges & Arrests

      We pride ourselves on how accessible we are to our clients and to our client’s families. As former prosecutors, we understand that people can be arrested at any hour of the day—or night.

      Your criminal defense attorney will thoroughly examine your child’s case to determine the most appropriate way to proceed, examining all relevant factors. In some cases, we may seek an alternative to formal judicial proceedings, such as a juvenile diversion program. These programs are often offered to young offenders who have committed minor or first-time offenses. Their primary aim is to keep juvenile offenders out of the traditional justice system and reduce the likelihood of committing repeat offenses.

      If your child has been arrested or is being accused of a crime, you should take the following steps:

      • Immediately consult with a Cleveland juvenile criminal attorney. Do not let your child, if a minor, speak with the police until after you have had the opportunity to speak to someone who practices in this area. Speaking with the police will not help. The police want to investigate a crime, and they believe your child participated—nothing your child says will help. As former prosecutors, we understand the techniques the police use in conducting an investigation. It is important to call us if your child has been arrested—even if this is an adult child.
      • Invoke your right to remain silent. We all have this right: the right to remain silent. It is second in importance only to the right to hire a Cleveland juvenile criminal lawyer to aggressively fight to defend you. The police might try to make you feel guilty about exercising your right to remain silent. They might say that if you are innocent you should talk to them. The police might yell and scream at you, and threaten you with prison if you do not cooperate. These are all bullying tactics used to get a confession that may or may not be legitimate.
    • When Your Family Needs Support, Count On Our Cleveland Juvenile Defense Lawyers

      As the parent or guardian of a child facing charges, you may understandably have many questions about the juvenile court system, the criminal process, and how your child’s rights will be affected by this. To ensure that your child’s future has the best possible outlook, speak to a juvenile law attorney at Patituce & Associates today.

      Call us for a pressure-free, no-cost consultation. If you find yourself facing a situation where your child has been charged, contact our Cleveland juvenile crime attorneys at (440) 771-1175!

    • Suggested Reading
  • Conspiracy TOC

    • Charged in a Federal Conspiracy Case?

      Federal conspiracy charges are some of the most pernicious allegations around because they can be triggered by the barest of evidence that you’ve agreed to commit a federal crime and taken some action to do so. Some of the conspiracies that federal prosecutors have charged were unlikely to ever have been implemented and amount to a few people sitting around dreaming of being outlaws.

      In other cases, one individual may verbally agree to go along with someone else’s scheme while having no idea that the person intended to follow through. Later, one participant to the plan starts researching how to achieve it or buying supplies to implement it—and suddenly everyone is caught in the dragnet. You don’t have to sign a contract with a co-conspirator to be charged. You don’t even have to commit the crime you’ve talked about. If you and another person discuss robbing a bank and the other person goes out and buys masks and gloves to further the scheme, you can both be charged with and convicted for conspiracy.

      Sentences can be lengthy and because the federal system uses extensive mandatory minimum sentencing structures, you’ll have a long wait before you’re eligible to be considered for parole or early release. These charges are serious and can rob you of years of your life on even fairly flimsy evidence. Don’t take chances with your future when you’ve been charged by the US Attorney’s Office in the Northern District of Ohio.

    • What Laws Apply in a Federal Conspiracy Case?

      There are several statutes that come into play in federal conspiracy charges. Title 18 of the U.S. Code includes several conspiracy statutes routinely charged in the Northern District of Ohio—including conspiracy to commit mail or wire fraud (18 U.S.C. § 1349). Mail and wire fraud charges can be used where financial frauds were perpetrated over phone lines, the U.S. Postal System, and even through electronic communications.

      Under 18 U.S.C. § 371, it is a crime for two or more persons to conspire either to commit any offense against the U.S. or to defraud the U.S. This basically means any crime that violates federal law, which can include bank robbery or any crimes that cross state lines, is subject to prosecution if it is planned by multiple people.

      It also means plans to defraud the government or its agencies can be prosecuted as conspiracies.

    • Experienced Defense for Federal Conspiracy in Cleveland

      If you have been charged by federal prosecutors in connection to a conspiracy in the Northern District of Ohio, protect yourself right away. Patituce & Associates is a firm with broad experience in federal court and in dealing with the US Attorney’s office. We fight for you, and we can protect you from some of the worst outcomes in your case.

      Call us today at (440) 771-1175">(440) 771-1175 and talk to a Cleveland conspiracy lawyer for free.

  • Federal TOC

    • What Is a Federal Offense?

      A federal crime is one in which the defendant is accused of violating federal law. Generally, with these offenses, the prohibited conduct crosses state lines or country borders. This may involve physical movement from one place to another – for instance, if a person transports drugs from Ohio to Indiana. It can also consist of the act itself occurring in different locations – for example, if someone in Ohio emails a person in Pennsylvania to further a pyramid scheme.

      Federal crimes also include unlawful conduct that takes place on federal property or affects the U.S. government in some way. For example, driving while under the influence in a national park can be prosecuted as a federal DUI. Or, knowingly failing to file taxes is a federal fraud offense.

    • Most Common Federal Crimes

      Our Cleveland federal crime attorneys defend clients in the Northern District of Ohio against federal charges such as:

      • Murder: Under federal law, murder can be charged in the first or second degree. The degree is tied to how the offense occurred. Violations considered first-degree murder include, but are not limited to: planning the crime, using poison, lying in wait, committing it during another offense, or committing it after a pattern of assault or torture against a child. All other conduct resulting in the death of another is second-degree murder.
      • Tax Crimes: Several types of conduct can be considered federal tax fraud. A few examples of these crimes include evading taxes, failing to pay taxes, failing to file a tax return, and making false statements on tax returns.
      • Fraud: Fraud crimes involve the use of deception to unlawfully obtain benefits, property, or other items of value. Types of offenses include mail fraud, wire fraud, bank fraud, health care fraud, aggravated identity theft, and securities fraud.
      • Conspiracy: A person may be prosecuted under the federal conspiracy law if it is alleged that they, in concert with one or more others, planned to commit a crime against or defraud the United States. At least one of the other people involved must have taken steps to further the offense.
      • Drug Crimes: Prohibited acts under Section 841 of Title 21 of the United States Code include unlawfully manufacturing, creating, distributing, or dispensing controlled or counterfeit substances; possessing chemicals with the intent to manufacture controlled substances; using the Internet to sell or dispense drugs. Section 844 of Title 21 of the United States Code prohibits simple possession of controlled substances.
      • Child Pornography: Federal child pornography laws make it illegal for anyone to produce, distribute, transport, receive, access, or view images depicting a person under 18 years of age engaging in sexually explicit conduct.
      • Sex Crimes: Broadly, federal sex crimes laws concern unlawful sexual contact or conduct committed against one or more persons. Offenses include, but are not limited to sex trafficking, child pornography, aggravated sexual abuse, sexual abuse, sexual abuse of a minor, and abusive sexual conduct.
      • Weapon Crimes: Federal weapons offenses involve unlawfully using, possessing, carrying, selling, manufacturing, and/or transporting of deadly weapons. Deadly weapons include firearms, explosives, knives, silencers, and ammunition.

      As former prosecutors, we understand the consequences and difficult road clients have before them. Once an individual has been charged with federal crimes, typically a conspiracy charge, they face a fierce opponent in the U.S. attorneys trying to prosecute them. As Ohio federal criminal defense attorneys, we help clients in Ohio and across the United States charged with federal crimes ranging from federal drug charges to federal conspiracy charges.

    • Difference Between Federal and State Crimes

      How the federal government and state governments prosecute and penalize crimes differs. The most common crimes are violations of state law. Thus, the state handles the majority of criminal cases. However, federal laws enacted by Congress are prosecuted at the national level if the committed crime is tied to a federal issue. Fewer crimes are considered federal criminal violations.

      The following factors are used to determine whether a criminal offense falls under federal jurisdiction:

      • Cases violating the U.S. Constitution / federal law
      • Citizens of different states if the case involves more than $75,000
      • Cases affecting the United States

      It is important when selecting a Cleveland federal criminal defense attorney that you find a lawyer who understands the federal sentencing guidelines, as well as the federal rules of evidence. In federal courts, federal judges follow the “Federal Sentencing Guidelines.” It is vital that your federal defense attorney in Ohio understand these rules before going into your case.

      Client faced possession with intent to distribute LSD 21 U.S.C. Result: Typically, it is a mandatory minimum sentence of 10 years, with the potential for life in prison. In this case, we got the sentence reduced to 55 months.

    • If you are under investigation for an alleged federal offense, you have the right to have legal representation by your side, even at this early stage in the process.

      Getting a federal criminal defense attorney as soon as possible is crucial to defending your case. They can provide advice and guidance about whether or not to answer federal investigators’ questions.

      Too often, people make the mistake of trying to clear their name during the investigation, hoping to prevent criminal charges and prosecution. Many times, such action substantially impacts the outcome of a case, as statements made during the investigation can be used as evidence later on.

    • Cleveland Federal Criminal Defense Attorneys

      At Patituce & Associates, LLC, we have established a reputation for being aggressive, diligent, and dedicated to our clients. We stand proudly by our reputation and have a track record for getting results. Attorney Joseph Patituce, a former Cuyahoga County prosecutor, is our firm’s managing partner. In his career, he has had a success rate of over 90% at trial; however, keep in mind that every single case is different. Merely being successful in the past does not mean it will always happen.

      We often hear from people who have had friends or family members go through the legal system that they are afraid that their attorneys will try to force a plea on them. At Patituce & Associates, LLC, we will never “sell you out” in such a way. We will always let you choose whether you go to trial or take a plea. We are highly experienced Cleveland federal criminal defense lawyers, and we promise to defend you the way we would want our family members, or even ourselves, to be defended.

      If you have been charged, call (440) 771-1175 for a free consultation with a Cleveland federal criminal defense lawyer!

  • Family Crime TOC

    • Examples of Crimes Against Family in Ohio

      Our family defense attorneys in Cleveland, Ohio, are well-versed in a wide variety of practice areas involving family crime and understand how federal and state laws impact your unique situation. Some of Ohio’s offenses against the family include:

      • 2919.01: Bigamy
      • 2919.12: Unlawful abortion
      • 2919.13: Abortion manslaughter
      • 2919.14: Abortion trafficking
      • 2919.151: Partial birth feticide
      • 2919.17: Terminating/attempting to terminate human pregnancy after viability
      • 2919.22: Endangering children (child abuse/endangerment)
      • 2919.222: Parental education neglect
      • 2919.224: Misrepresentation relating to the provision of childcare
      • 2919.23: Interference with custody
      • 2919.231: Interfering with action to issue or modify a support order
      • 2919.24: Contributing to unruliness or delinquency of a child
      • 2919.26: Motion for and hearing on a protection order
      • 2919.27: Violating a protection order
      • 2919.271: Evaluation of the mental condition of the defendant
      • 2919.272: Protection order issued by a court of another state
    • Bigamy (O.R.C. 2919.01)
      Being married to more than one person at a time is a crime in Ohio—and prosecutors can and do charge people with bigamy. Sometimes, the charges are based on a mistake—such as believing that you were divorced when you remarried. Still, being convicted of bigamy can have serious negative ramifications outside of the criminal scope, including voiding a marriage you thought was valid. If you’re convicted of this first-degree misdemeanor charge, you’ll face up to six months in jail. Bigamy and other plural marriage arrangements have a long history in many religions and cultures but are illegal in all 50 states. It doesn’t matter where your marriages were performed. If you are a resident of Cleveland, then prosecutors have jurisdiction to charge you.
    • Unlawful Abortion (O.R.C. 2919.12)
      Ohio’s unlawful abortion statute makes it a crime to perform or induce an abortion without a woman’s informed consent. Violation is a first-degree misdemeanor, with a maximum six month sentence if convicted. If convicted under this section a subsequent time, the charge will be a fourth-degree felony with an 18-month sentence possible if convicted. This statute also specifies the rules for parental notification of underage, unmarried, unemancipated pregnant women. Violation of parental notification rules is a first-degree misdemeanor as a first offense, with a six-month sentence if convicted, or a fifth-degree felony on subsequent offenses. Conviction at the fifth degree felony level can result in a 6-12 month jail sentence.
    • Unlawful Abortion Upon Minor (O.R.C. 2919.121)
      The statute for unlawful abortion upon a minor specifies the circumstances under which a healthcare provider can perform or induce an abortion on a pregnant minor. Legal circumstances include appropriate parental notification, proof that the minor is emancipated and has provided written consent, and where a court order is in place authorizing the minor to consent to the procedure. Violation of these terms is a first-degree misdemeanor; you can face up to six months in jail if convicted. If you’ve been convicted under O.R.C. 2919.121 in the past, you’ll face a fourth-degree felony charge and can spend up to 18 months in prison if convicted.
    • Abortion Manslaughter (O.R.C. 2919.13)
      Abortion is as contentious an issue in Ohio as it is anywhere else in the U.S., and doctors who provide abortions in the Cleveland area face a variety of risks because of their work. Not only are doctors and staff frequently targeted for harassment by activists, but a variety of criminal statutes exist that can be used against medical professionals. Under abortion manslaughter, a person performing abortions can be charged with a first-degree felony if they purposely kill a fetus that was removed from a woman’s uterus still alive or if they fail to take proper procedures to preserve the life in those cases. If convicted, the prison sentence can be as high as 11 years. Doctors who provide abortion services for women in Cleveland deserve the full protection of the law and a vigorous defense when prosecutors charge them with crimes related to their practice.
    • Abortion Trafficking (O.R.C. 2919.14)
      Abortion is a tightly regulated procedure, and abortion providers have to abide by an increasingly onerous regulatory regime. Medical researchers also live with the consequences of abortion regulations in the state. There are criminal penalties for many violations, including in how material derived from abortions is disposed of. Abortion trafficking is charged when there is evidence that fetal tissue was sold or experimented on. Abortion trafficking is a first-degree misdemeanor, punishable by up to six months in jail.
    • Partial Birth Feticide (O.R.C. 2919.151)
      Doctors who perform abortions, even ER physicians who have to make life-saving decisions, are at risk when abortion procedures are required. Ohio has criminalized many medical procedures related to abortion, such as “partial-birth abortion.” Under Ohio law, dilation and evacuation is termed partial birth feticide and is a second-degree felony. A conviction can result in a sentence of up to eight years in prison. Doctors deserve better than to be harassed by prosecutors for making hard decisions in their patient’s best interests.
    • Terminating Human Pregnancy After Viability (O.R.C. 2919.17)
      Ohio law defines the viability of a fetus at 24 weeks gestational age, although there are other medical factors to consider. Performing or inducing an abortion on a pregnant woman when the fetus is viable is a serious crime and can be prosecuted. The charge is a fourth-degree felony that carries an 18-month maximum sentence; the statute orders the state medical board to revoke the license of any physician convicted under the statute.
    • ORC Child Endangering (O.R.C. 2919.22)

      Parents have a duty to take appropriate actions to protect and support their children. Failure to live up to that standard can have serious consequences. When parents neglect their children, physically abuse them, or engage in conduct like drunk driving with a young child in the car, they can be charged with endangering children by Cleveland prosecutors. The grade of the charge has to do with your specific conduct and the consequences of it.

      For instance, driving drunk with a minor child in the car will be charged as a first-degree misdemeanor unless the child was injured. Depending on the severity of the injuries to the child, endangering children, in that case, will be charged as a fifth or fourth-degree felony. You could face 180 days, 12 months, or 18 months in prison for drunk driving with a child in the car, and your exposure to jail time has everything to do with the results of the conduct. In cases of child abuse, torture, or extreme disciplinary actions that result in harm to the child, you can face charges as serious as a second-degree felony and up to 8 years in prison.

    • Parental Education Neglect (O.R.C. 2919.222)

      Parents of children who are suspended or expelled from school or who are excessively absent or truant may be subject to mandatory parental education classes by the local school board. Failure to attend these classes can result in criminal charges against the parent. Parental education neglect is charged by Cleveland prosecutors when the parent of a suspended or expelled student fails to meet the requirements set forth by the local school district.

      Parental education neglect is a fourth-degree misdemeanor, and conviction can result in up to 30 days in jail. Parents work hard to provide for their children—and some are forced to work multiple jobs with little or no support. Maintaining a stable roof over the family’s head and putting food on the table shouldn’t subject you to harassment from Cleveland prosecutors.

    • Misrepresentation Relating to Provision of Child Care (O.R.C. 2919.224)

      Daycares and other childcare facilities operate under a strict regulatory regime intended to protect children, ease the minds of parents, and ensure high standards of safety and security. When a childcare provider misrepresents facts about their facility, staff, or other elements of their operation to a parent, guardian, police officer, inspector, or investigator, they can be charged with misrepresentation relating to the provision of child care. This is a first-degree misdemeanor charge that can result in six months in jail. Because these cases so often hinge on a he-said, she-said type of allegation, it’s vital that you work with experienced Cleveland family crime attorneys who know how to rebut the charges against you and challenge the testimony from the other side.

    • Interference with Custody (O.R.C. 2919.23)

      While interference with custody charges is usually applied when a non-custodial parent refuses to abide by a court order and fails to return their child to the custodial parent, there are other circumstances. For instance, removing a child from juvenile detention or a mental health facility is also an interference with custody, as is aiding or enticing a child to leave their custodial residence. Penalties vary based on the specifics of the case.

      For removing a child from an institution they’re ordered by law to be in, you’ll face a third-degree misdemeanor charge and up to 60 days if convicted. Keeping a child away from his or her custodial parent is a first-degree misdemeanor, with a six month sentence possible if convicted. If the child is taken out of state, the charge is a felony of the fifth degree, with a maximum sentence of six to 12 months. If the child is injured as a result of the violation, the charge is a fourth-degree felony, and you could go to jail for as long as 18 months if convicted.

    • Interfering with Action to Issue / Modify Support (O.R.C. 2919.231)

      When legal action is pending between actual or alleged parents, it is against the law to use threats, harassment, or violence to try to stop the other party from pursuing or modifying an existing order. The law is strongly interested in ensuring that all members of the community have access to the courts to resolve their disputes.

      People who engage in conduct designed to impede that access may be in violation of the law. As a base charge, this is a first-degree misdemeanor, and you could spend up to six months in jail. If you’ve been convicted under the statute in the past, you’ll be charged at the fifth-degree felony level and face up to a year behind bars.

    • ORC Contributing to the Delinquency of a Minor

      O.R.C. 2919.24 charges that a parent has contributed to a child’s unwillingness to submit to authority, to attend school as required by law, or that a parent has otherwise encouraged conduct in a child that could harm their morals or health, can be devastating to an entire family. Prosecutors can charge contributing to unruliness or delinquency of a child against people who aren’t parents as well; however, most often, the allegations are that a parent or guardian is encouraging behavior that puts a child’s welfare at risk.

      The charge is a first-degree misdemeanor, but importantly, each day of violation can be charged separately. For instance, if your child refuses to attend school on separate occasions and you are aware of the behavior and not taking reasonable actions to rectify the situation, you can be charged for each of those occasions. Each count can lead to a six-month jail sentence. These are extremely serious charges that you have to protect yourself and your family from.

    • Motion for & Hearing on Protection Order (O.R.C. 2919.26)

      In cases where the victim of certain crimes is a family member or member of a defendant’s household, the victim may ask for a temporary protection order to be issued by the court as a condition of your release from jail. This order can have a significant impact on your life, limiting your access to your home, work, school, and job.

      The rules governing how protection orders are issued are covered in the statute. While judges tend to err on the side of protecting alleged victims, it’s important that you get experienced legal help right away when facing a temporary protection order. Aside from the charges you’re facing, you’ll also have to contend with hearings related to the protection order and dealing with possible allegations of violations, even if inadvertent.

    • Evaluation of Mental Condition of Defendant (O.R.C. 2919.271)

      In certain cases, defendants in criminal matters can be ordered to undergo an evaluation of their mental state by a psychiatrist, psychologist, or social worker in order to establish a clearer understanding of the thought processes that led to situations like violation of a protection order, stalking behaviors, and related conduct.

      The defendant will pay for the examination as part of the court costs applied to the criminal case. Under the statute for the evaluation of the mental condition of the defendant, the mental health professional tasked with the evaluation can even request info from family members and others in your household if they feel they need it. However, those people are not obligated to provide anything. In complex criminal cases where mental state is considered a factor, you must work with the most experienced Cleveland family crimes lawyers you can find.

    • Protection Order Issued by Court of Another State (O.R.C. 2919.272)

      If you are subject to a protection order issued by a family court in a state outside of Ohio, that order can be registered with the courts in this state, and local law enforcement and prosecutors can hold you accountable to its terms. A protection order issued by the court of another state provides the framework by which an out-of-state protection order can be registered here and stipulates that any costs associated with the filing can be assessed to you.

      People who’ve been involved in criminal cases in another state may believe that moving away will give them a chance to start fresh, but when protection orders are in the mix, you may find your trouble has followed you.

    • Get Experienced Help Now – Contact a Cleveland Family Criminal Defense Lawyer.

      Patituce & Associates is home to some of Cleveland’s most experienced family criminal defense attorneys. We are former prosecutors from right here in Ohio, so we have extensive knowledge of how criminal cases are built and prosecuted. We’ve seen it all from the other side, and the level of support and insight we can provide our clients when it comes to pushing back against the charges they’re facing is simply unavailable at other firms in the area.

      The intimate nature of many family offenses charges means that your attorneys have to be able to protect your reputation as well as your freedom. In a high-profile case or a case that’s gained notoriety in the community, you don’t have to be convicted to face serious repercussions from the allegations against you.

      You need an experienced trial lawyer with in-depth knowledge of both criminal and family law. Experienced Cleveland family crime lawyers such as the ones at our firm know how to manage every aspect of your case, from protecting your privacy and reputation to fighting the charges against you every step of the way. When you’re facing charges for family crimes, call a criminal and family law attorney at Patituce & Associates right away at (440) 771-1175.

  • Suspension TOC

    • How Long Do You Lose Your License After A DUI In Ohio?

      Driving privileges are important to our clients. We understand how important it is to drive for a living. We do it every day as we drive from Canton to Cleveland, and Sandusky to Ashtabula on a regular basis.

      Assuming for a moment that the prosecution has a strong case against you:

      • For a first DUI offense in 6 years: You will lose your license from six months to three years. This is a judicially imposed suspension, which means the suspension can be negotiated and argued for a reduction in the length of the suspension. After interacting with the arresting police officer, a lot of people think that their license will only be suspended for 90 days because they agreed to take the breath test. Unfortunately, this is how police officers trick people into taking the breath test – the implied promise of a shorter license suspension.
      • For a second DUI offense in 6 years: With a prior DUI within six years, a person could potentially have their driver’s license suspended for one year up to five years. This decision is also a judicially imposed sentence by the judge presiding over your case, instead of the BMV.

      We know that some clients need their licenses to lawfully drive back and forth to work every day. Commercial driver’s license holders and others who drive for a living obviously need a valid license for employment.

      We know how hard it is to find good jobs, and we fight as hard as possible to make sure our client’s driving privileges are protected.

    • Why Did The Police Take My License After a DUI / OVI Arrest?

      Some people who are arrested for a DUI in Ohio get their licenses taken away from the police. An officer will take a person’s driver’s license at the time they are arrested because they either refused to take a breath test or failed the breath test.

      Ohio law requires law enforcement to issue a Form 2255 after someone refuses the breath test or fails the test because their blood alcohol concentration (BAC) was above the legal limit.

      This form puts you on notice that you have lost the right to drive. If this is your first DUI, the notice states that you cannot drive for 90 days if you failed the breathalyzer test. If you refused to take a breathalyzer test, the form states that you cannot drive for one year.

      We understand that the paperwork is confusing and you are concerned about getting your license reinstated and being able to drive. When we represent you for a license suspension in Ohio, the goal is to get your driving privileges back as soon as possible.

    • What Are the Types of License Suspension in Ohio?

      In Ohio, there are two types of DUI license suspensions:

      1. An administrative license suspension (ALS)
      2. Criminal license suspension

      The Ohio BMV oversees an administrative license suspension A criminal license suspension is administered by the court system.

      While an administrative suspension can last up to 90 days, if you are convicted of a first-time DUI offense, you can lose your license for three years.

      Not having your driving privileges for that long makes it difficult to commute to work or school, make important appointments, go shopping, run household errands, and live your life in general.

      Fortunately, Ohio now gives DUI offenders an opportunity to drive after conviction if they install an ignition interlock device (IID) on all vehicles they own and operate.

      Rather than wait at least a year to regain your driving privileges after a first offense, the minimum suspension period is six months when you get an IID installed in your vehicle.

    • Administrative License Suspension in Ohio

      Few people, let alone most attorneys, understand how driver’s license suspensions work after a DUI/OVI arrest.

      An administrative license suspension is issued when one of two things happens:

      • You blow over one of the two legal limits (0.08 or 0.17); or,
      • You refuse to submit to testing.

      For a first-time DUI with a breath test of 0.08 BAC, you can lose your license for 90 days. If this is your first offense and you refused all tests, you can administratively lose your license for a period of one full year.

      We file motions to get our client’s driving privileges back on an administrative suspension. This means that even with a failed breathalyzer test, you could be allowed to drive for necessary things like driving to work, church, school, grocery shopping, and medical appointments within 15 days. Even if you refused all the tests the police wanted you to take, you could be driving in 30 days.

      By challenging the suspension as soon as possible, you are not only making a case for driving privileges, but you are forcing the prosecutor to prove that the traffic stop was proper, that there was a reason to remove you from your vehicle, and that there was probable cause to arrest you for DUI.

      We don’t make it easy for the prosecution to convict you. They know that facing a professional Cleveland DUI license suspension attorney will make it harder to convince a judge or a jury that you are guilty.

      If our challenge is successful, the suspension is immediately dismissed. This will also send a message to the prosecutor that the court feels their case against you is weak.

    • How We Help Our Clients Get Back Their Driving Privileges

      Fortunately, there are a few ways to successfully reinstate driving privileges. Think of your driver’s license as an apple.

      The Ohio BMV gets the first bite with an administrative license suspension. The court system gets a second bite at suspending your license if you are convicted.

      Below is a brief overview of some of the ways we help obtain privileges for our clients:

      • Appealing the administrative license suspension. When you are arrested for a DUI, your license is almost always taken, you are given a BMV form numbered 2255, and the Ohio BMV suspends your license. This form informs you of your suspension and allows the police to administratively, without a formal hearing, revoke your license for 15 days on a first offense. In order to obtain privileges within this period of time, you must file a formal appeal.
      • Getting a stay on an administrative License suspension. This is closely related to the appeal and is sometimes used by a judge to see how serious a person is about driving, without depriving the court of the ability to suspend a license while the case is active. A stay is temporary. If a person is found guilty of DUI, the suspension will be automatic.
      • The strategy of filing the appeal. Depending on the timing and the client’s needs, we strategize how and when we will file the appeal to get their license reinstated. In some cases, it can be beneficial to wait out the 15 days. Get answers to your questions by talking with a DUI attorney from Patituce & Associates. to see how we can help you today.

      Want to learn what we can do to help with your license suspension? Call us at (440) 771-1175 today for a free consultation with one of our Cleveland DUI license suspension lawyers

  • Field Sob Cleve

    • What Happens if You Refuse a Field Sobriety Test in Ohio?

      This is a tough question. If you elect not to take the test, the police may try to arrest you right away or threaten to arrest you.

      However, if you take the test and fail, you have just given the police (and a jury) the evidence necessary to convict you with a DUI.

      Fortunately, as DUI attorneys, we have had success challenging the field sobriety tests and how they are administered.

      However, it would be better for our clients if they did not have to challenge that evidence. We cannot advise you to do something that would lead to your arrest.

      As a citizen, you have the choice between giving the police the evidence necessary to force you to conduct further testing, or you can refuse and be arrested.

      If you are arrested, you might have to spend the night in jail; however, it is probably preferable to having a DUI conviction for life.

    • What Happens If I Fail the Field Sobriety Tests?

      As former prosecutors, we know how to exclude the government’s evidence against you. An officer is only allowed to testify that you were intoxicated if they perform the field sobriety tests in substantial compliance with the NHTSA’s guidelines.

      This might sound like a fairly simple thing to do, but you would be surprised how many police officers fail to properly administer the field tests.

      An example of a common mistake that police officers make is the horizontal nystagmus test or eye test. All officers conducting the test are required to hold the pen approximately 12-15 inches from your face, but often the police officers will hold it far too close.

      Another example is the walk-and-turn test. This is where you have to take nine steps in each direction. The police officer will forget to ask you if you understand the instructions.

      These simple errors by the police might not seem important but when you consider that the field tests are supposed to be scientific tests these errors add up quickly.

      If you take the test, and you really should not, you are providing the police officers with evidence of your intoxication.

      If you fail the test the police now have probable cause to arrest you for DUI, and if the test was administered properly they probably have enough evidence to convict you as well.

      That’s why it is so important to hire a Cleveland field sobriety test lawyer to protect you from these charges.

    • What If I Failed the Field Sobriety Tests But Refused the Breath Test?

      We find that, often, friends give friends advice on a drinking and driving case. This can lead to fairly dangerous results in the courtroom.

      One common scenario is a friend who says that it is okay to take the field sobriety tests but not the breath test. This advice may be good in most cases, but like anything else, it depends on the situation.

      If you plan on refusing to take the breath test, you should plan on refusing to take any tests. If the police smell alcohol on your breath, they are probably going to arrest you anyway.

      If you are not intoxicated or have only had a beer or two, you need to choose what you want to do with your case.

      Call our Cleveland field sobriety test attorneys at (440) 771-1175 to offer you valuable defense from a DUI charge.

    • Why Was I Charged with OVI When I Passed the Field Sobriety Tests?

      When you call our office for the first time regarding pending DUI charges, we always ask you to tell us:

      • Why you were pulled over for DUI
      • What you said to the officer when he was at your car
      • How you think you did on the field sobriety tests
      • The results of the breath test, if you took one

      The majority of our clients feel they passed the tests, but the truth is that almost no one passes. Why? They are almost entirely subjective and can be easily manipulated by an officer asking inappropriate questions or inappropriately demonstrating the test.

      For instance, the officer can imply that you should start the test NOW but then count it against you when you do not start the test in the way the “book” says you should.

      Get experienced legal help! Contact our Cleveland field sobriety test lawyer today by calling (440) 771-1175.

    • Do I Need A DUI Attorney?

      If you’re contemplating this question, chances are you’ve been caught in the crosshairs of a DUI or OVI situation in Cleveland.

      Knowing your rights and understanding field sobriety tests, DUI laws, and criminal defense can be overwhelming. It’s like navigating a maze where one wrong turn could lead you into a lifetime of repercussions.

      Let’s say you’re pulled over in Cleveland for driving erratically. The officer asks you to perform field sobriety tests such as the walk a straight line, walk and turn, one-leg stand, and the horizontal gaze nystagmus test.

      You’ve likely read or heard about the pitfalls and limitations of these tests. For instance, the horizontal gaze nystagmus test is prone to human error, and even if you think you’ve aced it, the officer’s subjective interpretation might say otherwise. An officer can mistakenly guess your intoxication level almost half the time with this test alone.

      Now, let’s consider another layer of complexity—refusing the tests. On one hand, if you refuse, you’re likely to get arrested. On the other hand, if you participate and don’t do well, you’ve just handed over damning evidence to the prosecution. So, what do you do?

      This is where a Cleveland defense attorney becomes indispensable. Our law firm offers a free consultation to assess your unique situation and develop a strategic approach for your defense.

      Whether you took the breathalyzer test or were subjected to less reliable field sobriety tests like horizontal gaze nystagmus, a defense attorney can scrutinize the circumstances of your arrest and the test results.

      The DUI lawyers in our law office will check if the sobriety tests were conducted in line with Ohio law and to see if the police officer made critical mistakes, like holding the pen too close during the nystagmus test or neglecting to clarify the walk-and-turn instructions.

      When you’re dealing with something as serious as a DUI charge, even small errors in the common field sobriety test procedures can make a big difference in court.

      The stakes are high in complex areas of drunk driving defense. You need legal representation. With the right attorney, you can challenge the integrity of the traffic stop and the field sobriety tests.

      You can also explore other avenues for defense, such as questioning why you were pulled over in the first place or how the officer determined you were intoxicated.

      Securing a Cleveland DUI defense attorney is crucial. You’re not just fighting a charge; you’re safeguarding your future.

  • DUI Penalties Cleveland

    • Ohio DUI Penalties

      DUI in Ohio First Offense: Breathalyzer Between 0.08% and 0.17%

      A breathalyzer result between 0.08% and 0.17% results in the following penalties:

      • Degree of Offense: Misdemeanor of the First Degree
      • Incarceration: Minimum of 3 days in jail up to 180 days or DIP program
      • Fines: $375 to $1,075
      • License Suspension: 6 months to 3 years
      • Driving Privileges: After 15 days
      • Plates / Interlock: Optional

      DUI in Ohio First Offense: Breathalyzer Over 0.17% or Refusal in Prior 20 Years

      • Degree of Offense: Misdemeanor of the First Degree
      • Incarceration: Mandatory minimum of 6 days in jail up to 180 days or 3 days in jail with DIP program
      • Fines: $375 to $1,075
      • License Suspension: 6 months to 3 years
      • Driving Privileges: After 15 days, 30 days on a refusal.
      • Plates / Interlock: Restricted plates required, interlock optional

      Second DUI in Ohio: Breathalyzer Between 0.08% and 0.17%

      • Degree of Offense: Misdemeanor of the First Degree
      • Incarceration: Mandatory minimum of 10 days in jail up to 180 days or 5 days in jail with 18 days of house arrest on electronic monitoring
      • Fines: $525 to $1,625
      • License Suspension: 1 to 5 years
      • Driving Privileges: After 45 days
      • Treatment: Mandatory
      • Plates / Interlock: Required

      Second DUI in Ohio: Breathalyzer Over 0.17% or Refusal in Prior 20 Years

      • Degree of Offense: Misdemeanor of the First Degree
      • Incarceration: Mandatory minimum of 20 days in jail up to 180 days or 10 days in jail with 36 days of house arrest on electronic monitoring
      • Fines: $525 to $1,625
      • License Suspension: 1 to 5 years
      • Driving Privileges: After 45 days (possibly as high as a minimum of 90 days)
      • Treatment: Mandatory
      • Plates / Interlock: Required
      • Immobilization: 90 days mandatory immobilization of car if registered to the defendant

      3rd DUI Offense in Ohio: Breathalyzer Between 0.08% and 0.17%

      • Degree of Offense: Unclassified Misdemeanor
      • Incarceration: Mandatory minimum of 30 days in jail up to 1 year or 15 days in jail with 55 days of house arrest on electronic monitoring
      • Fines: $850 to $2,750
      • License Suspension: 2 to 10 years
      • Driving Privileges: After 180 days
      • Treatment: Mandatory
      • Plates / Interlock: Required
      • Forfeiture: Mandatory forfeiture of a vehicle if registered to the defendant

      3rd DUI Offense in Ohio: Breathalyzer Over 0.17% or Refusal in Prior 20 Years

      • Degree of Offense: Unclassified Misdemeanor
      • Incarceration: Mandatory minimum of 60 days in jail up to 1 year or 30 days in jail with 110 days of house arrest on electronic monitoring
      • Fines: $850 to $2,750
      • License Suspension: 2 to 10 years
      • Driving Privileges: After 180 days, up to a possible 1 year on a refusal
      • Treatment: Mandatory
      • Plates / Interlock: Required
      • Forfeiture: Mandatory forfeiture of the vehicle if registered to the defendant

      These are the basic penalties you face if you are convicted of your first through third DUI/OVI in Ohio.

      If you have been charged with a fourth/fifth DUI in ten years, or six DUIs in twenty years you are going to be facing a felony and need to immediately speak with our Cleveland DUI lawyers to prepare your case for a strong defense from a felony charge.

    • If Convicted of a First OVI, Is Jail Automatic?

      Many people are surprised to discover that there is a mandatory jail sentence attached to a first OVI conviction. It can be frightening to find out that you may be headed to jail for making a decision that is generally out of character.

      So if I am convicted of my first OVI is jail automatic? Possibly. An experienced lawyer can help you avoid jail after OVI charges.

      A first conviction has a mandatory sentence of at least 3 days in jail, up to 180 days. How long you spend in jail if you are convicted is up to the presiding judge, who will take into account many factors, including the facts of the case and prior record.

      If you are convicted and it is your first offense, will you automatically be jailed? Although much depends on your case, the judge does have the option to let you complete a driver intervention program (DIP) instead of serving the minimum 3-day jail sentence.

      A DIP is typically completed at a hotel over a weekend. You will attend classes that will educate you as to the hazards of drinking, especially while driving.

    • Can an OVI Defense Lawyer Help Reduce the Penalties?

      By now you have learned that all DUI / OVI cases in Ohio have mandatory jail time so if you head into court alone and plead no contest, you will be confined for a minimum of six days, depending on your case.

      So, can a lawyer help reduce OVI penalties in Ohio? Absolutely.

      When we were the prosecutors in an OVI trial, the criminal defense attorneys who presented facts and argued their clients’ cases were more likely to get a reduction from us.

      As defense attorneys, we have helped many people with OVI charges get their penalties reduced, suppressed, or dismissed.

      We focus on beating the OVI charge, but if that is not possible, we go into damage control mode. This means we use a lack of a prior record, the responsibilities to a family, a good standing in the community, and a person’s reputation to present a strong defense.

      We do this in conjunction with using weaknesses in the prosecutor’s case. Even if it appears to be a “slam dunk,” there is almost always a real issue that we can use to help you.

  • DUI FAQ

    • What Is an OVI?

      Due to a change in the law in Ohio, instead of calling drunk driving a DUI, we now call it operating a vehicle impaired, or OVI.

      There are a few major differences between what the law used to be and what it is now. In fact, one of the biggest changes is the way in which the legal limit has been introduced and treated.

      For example, in the 1980s, if you blew over the legal limit, you could still attack that as not being impaired. Now, if you are over the legal limit you are presumed to be guilty.

      Another major change is the creation of an offense called physical control. Physical control is very similar to OVI in many regards, except one: physical control does not involve the operation of a motor vehicle.

      You can be convicted of physical control for merely sitting in your car while intoxicated. It is important to hire an experienced Ohio OVI attorney to defend you from OVI penalties.

    • I Was Arrested for a DUI / OVI – Now What?

      By calling us for a free consultation, you will begin defending yourself from these often life-altering charges. Our law firm is comprised of former prosecutors and a Board Certified Criminal Trial Attorney – all with extensive knowledge and experience in representing people with Ohio DUI charges.

      We always recommend hiring the professional services of an attorney who practices in this area because the stakes are so high. Even on a first offense, you are facing the possibility of going to jail for a minimum of 3 days up to a maximum of 180 days.

      On top of this, you could possibly face losing your license between 6 months to 3 years. Just think about how difficult it will be to maintain employment after your conviction, run errands, and other important trips.

      It is important to speak to an attorney before your first court date as your defense starts the moment you leave the police station. If a family member calls us shortly after a DUI arrest, we can start building a defense before you leave jail.

      Read our blog about this to learn more: What Happens After a DUI Arrest?

    • What Are the Odds the DUI Charges Will Get Reduced?

      This is a fair, and important, question. When going to a doctor, you want to know what your odds of a full recovery are. It makes perfect sense that with so much on the line, you want to know what is the likelihood that we can win your DUI case.

      During our first call, we are gathering information. When we begin to work on your case, we gain insights into your case.

      The good news is, when we have gathered all of the evidence, and taken into consideration who the judge is, what jurisdiction you are in, who the officer is, and who the prosecutor is, we can then give you an opinion on what can happen. In fact, we will give you advice on whether you should take a plea or take the matter to trial.

    • What Happens During a DUI Case?

      After your arrest, the police officer will let you know when to appear for your first court date. Often, we are able to get our clients out of this first date. If the court requires your presence, we will be there with you, and for you.

      Many people make the mistake of entering a plea of guilty or no contest on this first date for two reasons: (1) everyone else is doing it that day, (2) MADD and SADD have put so much propaganda out there that people believe these cases are impossible to win. It is important that you plead not guilty at your arraignment.

      These cases need to be handled professionally and in a very specific way. You have too much at risk to do the prosecutor’s job for them.

      The prosecutor has a huge burden in these cases, as discussed in other pages on this website, the prosecutor has to prove a whole litany of things that are extremely difficult to prove.

    • So How Do We Beat DUI Charges?

      We start at the beginning.

      Why did the police officer pull you over? Did the police officer have a reasonable suspicion you committed a traffic violation? We then move to what happened at the door of the car.

      What did the officer see, smell, and observe? Note: Your 2255 form says, without a doubt, that the officer observed an “odor of alcohol, bloodshot, glassy eyes, SFTS.”

      Check it. We’re sure we’re right. Now that you saw that your 2255 says almost exactly what we said, maybe with slurred speech or weaving thrown in, you have to ask…how do we know that? Officers always say that in DUI arrests

      From the observations, we attack the reasons for getting you out of the car and the field sobriety tests. You would be shocked at how horrible some officers are at performing these tests when we ask them to perform the same tests in a courtroom.

      If you took a breath/urine/blood test we attack the means, methods, mode, and science. The bottom line is that a DUI can be beaten, but it takes a trained and experienced attorney who is not winging it in court. You need a professional.

    • The majority of OVI arrests involve failed breath tests, but more police departments are using blood draws to try to prove their cases after a Supreme Court ruling.

      The legal limits are essentially the same as breath volumes but instead of measuring deep lung alcohol levels the forensic toxicologist is measuring the amount of alcohol in the person’s system.

      Just like breath testing, blood testing has two legal limits. If you test over the first legal limit of 0.08 but under 0.17, you face a mandatory minimum of 3 days in jail.

      If you test over 0.17, you face a mandatory minimum of 6 days in jail. Failing either test involves the potential loss of your license for up to 3 years.

    • I Blew Under 0.08. Why Was I Still Charged with a DUI?

      In Ohio, there are different charges related to driving while under the influence. One charge is for taking a breath test and having a result of 0.08 or over. This is what is referred to as a per se limit.

      Ohio lawmakers have decided that having a blood alcohol concentration of 0.08 or above should be a criminal offense. Additionally, there is a separate charge for just driving under the influence.

      If you take a breath test and blow under 0.08, a law enforcement officer can still charge you with a DUI if they feel that you were under the influence of alcohol at the time you were driving, even if you were not at or over the per se limit.

    • Should I Plead Guilty or No Contest?

      Many people struggle with the overwhelming pressure they face when they have been charged with a DUI or OVI. People typically fall into one of two camps when it comes to hiring an attorney: deciding whether they should fight their case, or just throw themselves to the mercy of the court.

      After speaking with one of our experienced attorneys, almost everyone realizes there is only one choice: hire an OVI offense attorney.

      On DUI cases in Ohio – even for a first offense – there are certain mandatory penalties that you cannot escape. Jail, driver’s license suspension, points on your license, and party plates, just to name a few.

      If you go to your arraignment and enter a plea of guilty, you will be confined for 3 days, 6 days, or 180 days, depending on your type of case. With an attorney, you can fight and potentially avoid these penalties.

      Recently, we sat in court and watched people enter pleas of no contest and beg the judge for mercy. Even when judges are truly kind people, they simply have no choice due to how the laws are written.

      Even if you are a physician who blew over the second legal limit can be sentenced to 3 days in jail and ordered to spend 3 days in a confined driver education course. Teachers who refuse the breath test can be sentenced to spend 6 days in jail.

    • Can My Charge Be Reduced to a Reckless Operation Charge?

      It is difficult to have a DUI reduced to a reckless operation, but it is not impossible. Many attorneys make the mistake of simply going into the first hearing and begging for a reduced charge.

      When this happens, prosecutors will typically dig their feet in and refuse to offer a reduced charge. In fact, many courts will refuse to allow a reduction if the case is not handled properly.

      So how does a lawyer get your OVI / DUI charges reduced to a reckless operation? Experience and preparation are two of the main keys involved but it goes beyond that.

      In order to obtain a reduction of a DUI to a reckless operation charge, you must demonstrate that not only are you a person who deserves a lesser charge, but that there is some flaw in your DUI case that will make it difficult for the prosecutor to win. We’re skilled at finding those flaws.

    • How Much Does a DUI Cost?

      This is a subject that we spend extra attention to because it is one of the top questions our clients ask us when they call, and it is a completely justifiable question to ask.

      Money is important to everyone. Throughout this website, we have dedicated a lot of time to answering questions relating to how we can help protect you from all of the horrible consequences associated with a DUI/OVI conviction.

      As former prosecutors, we have been on both sides of the issue—and both sides of the courtroom.

      The costs associated with a DUI include:

      • Attorney Fees
        We know attorneys who have practiced in this area for decades and charge $10,000 for their representation. We also know of other attorneys who only charge $750 for representation of a DUI. We are somewhere in the middle. All of our attorneys are former prosecutors, and we bring the best defense we believe you can afford for the price we charge. As a practical matter, we only charge flat fees in DUI cases because we believe that allows us two things. (1) It allows us the certainty of knowing how much we will receive in a case, and (2) it allows us to properly defend you without worrying about running the clock up at our hourly rate. We make it a point to work with clients to reach payment plans in certain cases.
      • Court Costs & Fines
        In Ohio, the fines for an OVI conviction are fixed between $375-$1,075 for a first offense, and they go up into the tens of thousands from there, depending on your type of offense. As for court costs, each individual court is different. Some courts charge more for certain aspects of the case than others. Talk to your attorney about costs and fines since it could possibly be thousands of dollars. If you win your case you would not pay fines or court costs.
      • Driving Privileges
        We make it a priority to preserve the driving privileges of our clients. Without the ability to drive to work, you could lose your job. If you have to pay someone to drive you or take public transportation while your case is pending, you could spend thousands of dollars and lose countless hours commuting.
      • Insurance Costs, Points on Your License
        Most people, and even some attorneys, do not know this, but a DUI conviction carries with it a mandatory 6 points on your license. If you are under the age of 21, you are going to be required to acquire high-risk insurance at an incredibly high cost. Even if you are of age at the time of your arrest, if you pick up 6 points on your license, your insurance is going to go up by a considerable amount.
    • Can an Ohio DUI / OVI Be Expunged?
      The answer is no. Under most normal circumstances, a DUI / OVI cannot be expunged in Ohio. Sadly, we find ourselves answering this question far too late in the proceedings where potential clients having never been advised that their DUI will be on their record forever. It is important to protect yourself from the penalties associated with a DUI because they can last a lifetime…well after you have finished probation, jail, or any other penalty the court might have imposed in your DUI case. This is why you should immediately consult with a DUI attorney who spends a significant amount of time and who has a significant amount of experience defending clients from DUI charges in the Cleveland area.
    • Can an Attorney Make a Difference in My DUI / OVI Case?

      One of the most common mistakes people make in their OVI case is going into court alone, without an attorney, and trying to explain their case to the judge. Most people do this because they believe that if they enter a plea of guilty or no contest that the judge can reduce their DUI charges. This is completely false and often leads to an individual going to jail, rather than home, that day. The second mistake is going with an attorney who does not devote a large portion of their practice to DUI defense. One way to determine if you are dealing with such an attorney is in what they charge. Do they charge incredibly low rates compared to other attorneys ($750)?

      The right attorney can make all of the difference in your DUI / OVI case.

      If you make the right choice to hire an attorney who devotes a major portion of their practice to DUI defense, your attorney can be all the difference between a positive result and the other alternatives. For instance, many people and attorneys do not know that one of the major breath-testing instruments (the Intox. 8000) is a breath-testing machine that is being defeated all over the state. We have beat it in at least six different municipal courts. Most people, and many attorneys, believe that if you fail a breath test there is no hope for your case. If that was true we would not be in this business and would not have the strong reputation that we have.

    • What Is “Discovery” During a DUI Court Case?

      Often, attorneys can rattle off technical terms that normal people have no idea what they mean. One of the most important terms that you need to know, aside from dismissal, is the term discovery in your DUI case.

      Discovery is the process under Criminal Rule 16 where we force the government to give us all of the evidence that hurts your case and helps your case. The prosecution is not allowed to hide material from your attorney. We obtain the police report, a crash report in accident cases, and blood /breath/urine test results. If you performed field sobriety tests we obtain those test results. If there were witnesses or a 911 call, we also obtain that.

      Once we obtain all of the evidence that we believe we are entitled to receive, we begin the process of reviewing and analyzing it. Just because a police officer says that you were intoxicated does not mean you were. We can tell you that you would be shocked at the number of times the facts did not match the police report. If you took a breath, urine, or blood test, we go to the source of that test. If it is a breath-testing machine, we analyze it with our experts. Same thing for blood and urine testing. We actually go to the lab.

      After the discovery process has been completed we file, if appropriate for your case, what is called a motion to suppress evidence. In this motion, we request that the court throw out any evidence that was not properly collected and ultimately your entire case.

    • What Does Physical Control Mean?
      Most of our clients are looking to have their DUI case dismissed or reduced. One of those reductions is “physical control.” Physical control means that an individual was in control and had the keys of a car while seated in the driver’s seat after consuming alcohol. Physical control is often seen as a reduction from a DUI charge because it is not a moving violation and has no points. There is also no mandatory jail time requirement. The maximum fine is $1,000 and the maximum license suspension is 1 year versus 3 years on a possible DUI conviction.
    • Will a Prior Physical Control Conviction Enhance Penalties?

      No, it will not. Unlike a prior DUI conviction within the past six years, a prior conviction for physical control will not enhance the penalties on your current DUI.

      Penalties for a first DUI include:

      • Minimum of 3 days in jail or a driver intervention program
      • Possibility of up to 6 months in jail
      • A fine of up to $1,075
      • A license suspension of 6 months
      • Possibility of a suspension of up to 3 years
      • The possibility of required assessment and treatment for substance abuse
      • The possibility of having restricted plates and/or an interlock device

      So, while a prior conviction for physical control will not enhance the penalties on your current DUI, you still face severe penalties that can greatly impact your life. A DUI attorney can help you fight these charges.

    • Did the Police Read You Your Rights at Your DUI Arrest?

      We find it surprising how often a defense based on the police officer’s failure to properly give our clients their Miranda warnings actually comes up. First, what is a Miranda warning? Most people know that you need to be told you have the right to remain silent and have an attorney represent you. However, most people do not realize how important it is to have a Cleveland DUI attorney representing them from the very moment they come in contact with the police. Miranda applies to the moment you are in custody.

      What is custody? Custody can be when you have handcuffs placed on you, or when you are no longer free to leave. The point at which you are no longer free to leave is very important to your case because if the police question you after custody has happened nothing you say should be used against you unless you are given the proper warnings. Unfortunately, many attorneys overlook this very important aspect of DUI defense.

      In a recent example, we successfully defended a young professional who was pulled over for allegedly making a right turn on red. The officer took the woman and placed her in his cruiser. At this point, he began to interrogate her regarding how much alcohol she had consumed. At first, she denied consuming any alcohol, however, after a few moments she relented and admitted to having a drink. Because she was in custody, and because she was not given the warnings, the judge threw out every piece of evidence that was obtained from that point forward. This means the field sobriety tests, the admission to drinking, and the breath test.

      That is why it is so important to know your rights and to invoke them.

    • What Is a Super-BAC OVI Charge?
      In Ohio, there are two legal limits, something that most people and many attorneys do not know. The first legal limit is anything from 0.08 up to 0.169. The second legal limit kicks in at 0.17. A super-BAC OVI charge is technically anything that is over that second legal limit. Some police departments still use old terminology when labeling these cases. It is important that if you are charged with being over the second legal limit that you immediately hire an experienced DUI defense attorney. There is mandatory jail, party plates, and interlock on these charges. This means if you go in and plead no contest at your DUI arraignment you must undergo 6 straight days of confinement and have the party plates and interlock device on your car for up to 3 years. We can help.
    • Why Am I Charged with Two DUIs on the Same Ticket?
      In Ohio, unlike some other states, you can be charged with multiple versions of the same offense. This is often frustrating and frightening, but it is something we can easily handle. In your specific case, you most likely took field sobriety tests and some form of a chemical test such as a breath test, blood test, or urine test. If you, in the opinion of the officer, were impaired, you were probably charged with that under O.R.C. 4511.19(a)(1)(a). If you blew over the legal limit, you were probably charged with O.R.C. 4511.19(a)(1)(d) or (h) depending on your breath test level. Some local cities have their own unique code sections but the basic idea is that you were charged for “being drunk” and then for “blowing over” the legal limit. These cases can, and should be, fought.
    • What Can I Do to Clear Up an Old Warrant & DUI Charges?

      There are a few options that you have regarding clearing up your warrant for DUI and handling your case. Hiring a Cleveland DUI / OVI defense attorney will ensure that your matter is handled properly and effectively. Your attorney can file a Motion to Withdraw Capias with the court, asking the court to lift your warrant. Most courts will schedule a hearing and will not lift the warrant until after the hearing. Your attorney can also file a motion with the court asking the court to allow your attorney to appear at the hearing on your behalf.

      If the court grants the Motion to Conduct Hearing in Absentia, your presence will be excused from the hearing. Once your warrant is lifted, your attorney will have the opportunity to speak to the prosecutor regarding your underlying charge. Your first court hearing for DUI would most likely be scheduled after your warrant has been handled. Depending on the court, if your attorney has worked out your case with the prosecutor, the court may allow your attorney to enter a plea on your behalf, requiring a signed affidavit from the Defendant.

    • I Want to Plead No Contest. Will I Have to Serve 3 Days in Jail?

      You should consult with an attorney prior to entering a no contest plea to an OVI charge. Hiring an attorney will ensure that your rights are protected and that your case is handled properly. If you are convicted of a first-offense OVI, you are facing a minimum of three days in jail (up to six months). Your attorney can advocate to the judge for you to complete a three-day Driver Intervention Program in lieu of serving three days in jail. If you are charged with OVI and convicted, your driver’s license could be suspended for a minimum of six months, up to a maximum of three years. The court may also order you to pay a fine between $375.00 and $1,075.

    • How Long Will It Take to Resolve My DUI / OVI Case?

      Many of our clients have immediate needs that need to be resolved quickly after a DUI arrest. For some, the most immediate concern is their license. The facts determine when you can receive driving privileges. For example, if this is your first DUI offense, you may be eligible for driving privileges 15 days after your arrest. If you have one or more prior DUI convictions, you may be looking at a longer wait. An experienced DUI attorney can determine the earliest day you are eligible for driving privileges and help to ensure you receive them.

      For other clients, their employer is breathing down their neck, and they want to resolve the case quickly. It is important to remember, however, that moving quickly may not be in your best interests. The best outcome in your case is often reached only through a diligent review of the evidence and a fierce defense of your rights. Moving your case too quickly through the system may result in key facts being overlooked. Mistakes can adversely affect your defense and leave you with life-long consequences. This is a situation in which you want the best possible representation, not just the fastest possible conclusion. We can help ensure your case is handled in a professional, timely manner while fighting to protect your rights.

      Another important issue that may not be on your mind, but should be on the mind of any attorney you hire, is the time limits associated with motions to suppress. A motion to suppress can be filed to challenge the evidence the state intends to use it against you. Although it is not appropriate in all cases, it might be in yours. If it is appropriate, it must be filed within certain time limits. We can ensure all necessary and appropriate motions are filed in your case on time. No matter how quickly you want your case to be behind you, the first and most important thing you need to do is contact an experienced DUI / OVI attorney in Cleveland.

      Further questions on this topic?

    • How Can You Get Driving Privileges After a DUI / OVI?

      To many clients, the most important question they have when first signing up with us is centered around how long it will take for them to get driving privileges after they have been arrested. Ohio DUI law is incredibly tough on even a first-time offender; specifically, on a first offense, you could be without the ability to legally drive for the first 30 days of the offense. Each and every court in the Cleveland, Ohio area is different.

      It is important that you select an attorney who has experience with the court you will be appearing in because while the following are the minimums, there are methods for obtaining privileges faster:

      • On a first-offense failed breath test, you lose your right to drive for a minimum of 15 days;
      • On a first-offense refused test, you lose your right to drive for a minimum of 30 days;
      • On a second offense, you lose your right to drive for 45 days but your car is impounded for 90 days.

      It is really important to know that it is probably better for your case, overall, if you refuse all testing-including the field sobriety tests. The police officers will not tell you that if you take the test but are convicted your license will be suspended for 6 months to 3 years on a first offense! But if you do not provide the police with the evidence of your guilt, you might not have any suspension at all.

    • How Does a DUI Impact My Out-of-State License?

      When you were arrested for the DUI or OVI charge, the police officer most likely took your license. In a few rare cases, we have seen police officers confused about what they are supposed to do with an out-of-state license holder. The police officer probably gave you a carbon copy of a form that he read part of to you and forced you to sign, labeled the 2255 form. He probably then told you that your license was suspended for 90 days or a full year depending on whether or not you refused or failed a test.

      What the officer did not tell you is that your license has not been suspended for out-of-state use. Most states do not immediately recognize Ohio’s ability to suspend your license outside of Ohio’s jurisdiction. But a conviction in Ohio may trigger harsh penalties in your home state. For instance, if you have an Illinois license and are convicted of a DUI here in Ohio, you will most likely be forced to undergo an incredibly long treatment program in your home state, whereas if you were convicted of the same offense in your home state, you would not.

    • What Happens at Your First DUI Hearing?

      The first step in a DUI case is the arraignment. This is a very important step in that you need to have hired and retained an experienced DUI attorney to defend you by this point. There are certain court filings that need to be made as soon as possible: filings to get your license back, filings to get your driving privileges established, filings to get your car out of impound, and filings to force the police to preserve evidence. At the first DUI hearing, which is called your arraignment, you are required to enter a plea of either guilty, not guilty, or no contest.

      It is in your best interest to hire an attorney to advise you what to plea-but in almost all cases, you are going to want to enter a plea of not guilty but be sure to talk to an attorney about what you should do. After this, some courts will require you to post a bond and be fingerprinted. In many cases, we can help you avoid this first hearing without your presence being necessary. This means no missing work and no taking time off.

    • Why Did the Police Officer Take Your License After Your DUI Arrest?

      The police officer was required by Ohio law to take your driver’s license and place you under an administrative license suspension-even if this was your first time ever being arrested. It is important to know that there are two types of license suspensions involved in any DUI/OVI case. The first is administrative (also known as the ALS suspension), and the second is a court-imposed suspension. You need to retain an attorney who has significant experience defending DUIs and navigating these types of suspensions.

      If you tested over 0.08, your license has been administratively suspended for 90 days on a first offense, if you refused your license has been suspended for 1 full year. Typically, there is a hard cap on when we can obtain privileges for you. On a failed breath test, we can typically not obtain privileges until 15 days after your arrest, on a refusal it is 30 days. There are important exceptions to this so you need to call a lawyer immediately to find out how you might be able to drive right away. There is a method to obtain privileges faster, and in some of the courts that we practice in we can obtain them at your arraignment-but this is rare, and difficult, to do.

    • Can I Drive to Work After a DUI?
      How do we get you back and forth so that you can take care of your kids, take care of your family, and keep your job? There are two different ways that we go about helping you get yourself back on the road. The first is an appeal of the suspension that if successful immediately restores all driving privileges and your license, the second is a petition for driving privileges that allows you to drive for certain events.
    • How Can I Get My Car Out of Impound?
      There are two ways you can get your vehicle out of impound after an OVI. If your car was towed by police (not seized) and is currently being held at a towing company, you can retrieve it without a court order. You can have your vehicle released to a licensed driver. If your car was seized and a hold is placed on it, your attorney can file a Motion to Release Vehicle with the court. Once the motion is ruled on, the court will issue an order releasing your vehicle. With that court order, you are able to have your vehicle released to a licensed driver.
    • Will I Lose My Job After a DUI Arrest or Conviction?

      We find that one of the major concerns for our clients is whether or not they will lose their jobs. This is common sense and a realistic worry, especially in an economy where good jobs are scarce. The first simple fact is that most people will not lose their jobs as a result of an arrest; however, there are complications with a DUI arrest and a failed test or a refusal that require an attorney to perform expert and delicate work.

      The immediate loss of your driving privileges can will likely cause problems with your job. We can help with that. As for losing your job after a conviction, that is on an employer-by-employer basis. However, there are several types of jobs where having a DUI conviction can cause trouble: teachers, doctors, nurses, truck drivers with a CDL, police officers, and those serving in the military. We work diligently to protect our clients not just from the impact of a DUI arrest, but we also work to protect you from what may happen if you are convicted.

      Have more questions about DUI affecting employment?

    • Will an OVI Affect My Medical License?

      We take on many clients who are doctors, dentists, nurses, and other medical professionals. Each of these professional groups has their own licensing boards, but they all have the same general problem when it comes to an OVI arrest and potential conviction. If you are a doctor, dentist, nurse or other licensed professional, OVI convictions can cost you your medical license. While it is rare for an OVI conviction to result in a permanent loss of your ability to practice medicine, it can certainly impact you greatly. Because of this, it is incredibly important that you retain the services of a skilled OVI defense attorney as soon as possible.

      Read more about this on our blog: How Will a DUI Conviction Affect My Nursing License?

    • What Happens If You Refuse a Breath Test?
      Ohio law says that your refusal to submit to a breath or chemical, test means your license will automatically be suspended for one year and that the mandatory minimum jail requirements are doubled, even for a first offense. On top of that, you are going to be required to have the “party” restricted plates and the interlock device. That is the bad news. The good news is that the refusal to submit to a breath test makes it exponentially more difficult, in most cases, for the prosecutor to convict you and have you subjected to all of the harsh penalties associated with a DUI. A skilled DUI defense attorney can use your refusal as a great tool in defending you.
    • Can a Breath Test Be Beaten?

      One thing people quickly realize after failing a breath test is they should never have taken it.

      Most people end up taking a breath test because:

      • They want to comply with the police officer and do not know DUI laws
      • They feel that since police told them they passed the field sobriety tests, they should be able to pass the breath test easily too
      • They are told that if they refuse on a first offense, they lose their right to drive for one year, which scares them into taking the test

      People understand that by failing a breath test they have now made their lives that much harder-but how do you get out of it? Is it possible to beat a breath test? In one word: Yes. Ohio has three different types of breath testing devices: the BAC Datamaster, Intoxilyzer 5000, and Intoxilyzer 8000.

      The first device is typically seen as the most reliable, with the 8000 being the most unreliable. The more unreliable the machine, the more likely you are to beat the machine. There are several attacks that we make on all of the machines, and several attacks that we make on the specific machine you took your test on.

      We also litigate (fight) with the prosecutor over whether or not you should have even had to take the breath test to begin with. From there we attack the method of the test, the procedures used in the test, the application of certain scientific principles, machine calibration, machine error, user error, and certain health issues.

    • Should You Hire an Attorney After a Refusal or Failed Test?

      There are many reasons why you should hire a lawyer-even if you failed a breath test or field sobriety test. Many of our clients fall into one of two categories. The first group feels there is nothing they can do and should just plea no contest. The problem with this is that most people do not know that, on a first offense, the minimum amount of jail time could be as high as six days, and they could be required to use the “party plates.”

      The second group feels a bit hopeless but has to fight to protect their jobs, their families, and their reputation. Every day, our attorneys sit in court and watch people enter pleas of guilty, or no contest, to charges that they might have been able to beat. You might think that is bluster, or an attempt to get you to hire us. But consider an example of how hiring an experienced DUI attorney can make all of the difference in the world.

      Example 1: Cops claim the client was drunk in a car on the side of the road, high BAC (over 0.20).

      This first case is case 2011 TRC 12502 out of Portage County. In September 2011, our client was found by a highway patrol officer with his car pulled over to the side of the road. The trooper approached and decided that she was going to conduct field sobriety tests, and then breath testing, on our client. As a result of the trooper’s investigation, our client was charged with OVI / DUI. Our client faced a minimum of six days in jail, party plates, interlock device, counseling, and other incredibly harsh penalties. Oh, and if convicted, his employer was going to fire him, but his employer was willing to see how the case played out.

      Fast forward to 2012.

      He hired us, so he hired attorneys who would fight. We do not take your money just to enter a plea to the charges. We personally conducted what is called a suppression hearing, where we asked the court to throw out certain pieces of evidence. Here we asked the court to throw out the entire case: the arrest, the field sobriety tests, and the breath tests. The prosecutor objected and called our request “ridiculous” and stated, “all deals were off the table.” Like all cases, and as former prosecutors we know this, a case sounds great up until the point where an experienced attorney starts cross-examination of your witness. Here, that is what happened.

      In February 2012, the Court issued a ruling agreeing with us. The result was that the entire case was dismissed. Our client walked out of court with no DUI on his record. The prosecutor who claimed it was ridiculous? He did not even ask to appeal the case to the Court of Appeals. This is why it is important to hire a DUI attorney who will not only fight for you but not sell you out to an aggressive prosecutor.

    • What Is the Penalty for a First-Offense DUI?

      A first-offense DUI carries with it mandatory penalties.

      The penalties for a first-offense DUI are as follows:

      • Mandatory minimum jail time
      • Mandatory license suspension of 6 months to 3 years
      • 6 points on license,
      • Party plates
      • Interlock devices
      • Monetary fines
      • Court costs

      It is often a surprise to our clients how the penalties for DUI / OVI work. Many people feel as if they can simply go in and plead no contest without worry. This often results in horrible consequences for the person. For instance, a first-offense DUI with a refusal has a mandatory 6 days in jail!

    • Should You Hire an Attorney to Defend Your OVI Charge?

      Some people, rightfully, worry that hiring an attorney might not be a good idea or that hiring a less expensive attorney might be safer. When defending yourself against drunk driving allegations, you get what you pay for.

      Let us share with you a lesson that we witnessed a client learn.

      Recently, we received a call from a young professional who picked up a DUI charge after leaving a company-related function. He was treating clients to food and drinks while landing a rather large contract. After he left the restaurant, he was stopped and charged with a DUI. He knew his employer wanted him to land the client, but he also knew his employer had a zero-tolerance policy regarding DUI offenses, and he drives a lot for work.

      So what happened? The client called several attorneys and went with the low-cost option; someone who had been a police officer but became an attorney later on. He figured the attorney had been an officer and was now an attorney so the low-cost option seemed like a good idea. Fast forward several months and nothing positive happened with his case, he decided to stop by our office. We met with him, reviewed his case, and we were personally horrified to learn that nothing had happened in his case.

      There were no motions demanding discovery, no dash cam videos in the file-nothing. There was a note that the prosecutor was offering six days in jail, the minimum for the offense. The client did not need an attorney for that…he could obtain that result himself. Fortunately, we took the case over.

      We obtained the discovery, we obtained the videos, and we obtained the video from the breath test room where he supposedly refused to take the test. The video showed us that he did not refuse. So his minimum penalty, in 10 minutes of work, went from 6 days in jail to a 3-day driving class. We did not stop there, we talked to the prosecutor and judge about what had transpired with the former attorney, and with our review of the evidence the prosecutor agreed to offer a reckless operation charge-a significant reduction.

      The lesson is that low-cost defense is not worth it.
      DUI defense that starts at $750.00 is just a waste of money. Call around and see what people charge; do not be afraid to shop. It’s your life and you pay for what you get.

    • What Makes the Best DUI Attorney in Cleveland?

      This is a completely legitimate question. We suggest that your search should focus on the following areas, all of which you should ask your potential attorney—ourselves included:

      • How much of the DUI attorney’s practice is devoted to DUI defense? There are literally hundreds of attorneys in the Cleveland area who advertise, and sometimes practice, DUI defense. The truth is that a much smaller selection of these attorneys actually practice DUI defense as a large portion of their practice. For example, as we said above, we should be required to answer these questions…. We devote over half of our practice to DUI defense. This means that I have spent a considerable amount of time, energy, and resources making sure that everyone from the lawyers to the paralegals understand the concepts of DUI defense that we use in court to defend you.
      • How many DUI cases has the attorney taken to trial or successfully challenged through suppression? Many potential clients believe if they have been charged with a DUI, they are going to get convicted. Essentially, groups like MADD and SADD have the public so convinced that these cases are open and shut they just want to roll over. However, these cases are so important that we always take the time to explain how we can help defend our clients. For instance, a large portion of our cases, even cases with a BAC over 0.08, are reduced to physical control, reckless operation, or other positive outcome.
      • What is the DUI attorney’s background? We are former prosecutors who’ve been on the other side and know the tricks the police play. For example, the police often tell clients that if they refuse the breath test, they WILL lose their license for a year but if they take the breath test they can get their license back in three months. This is unfairly deceptive, but legal. Here is why: If you are convicted of a first DUI, you will lose your license for 6 months to 3 years. The police do not tell you this. Almost all of our clients who took the breath test are crushed to find out they might lose their license for three whole years.
    • What Happens If I Disagree with a Judge’s Decision on a DUI?

      Even in the legal system, people can be wrong-including judges. What do you do if you disagree with a judge’s decision? Nothing, unless you choose to appeal your DUI case. In our system, the Court of Appeals is set up to hear cases that center on whether or not the trial judge made the right decision. In a DUI, almost all of these appeals center on whether or not the judge made the right decision in the suppression hearing. DUI appeals can be successful if it goes through the right way. Then the Court of Appeals orders the trial court, or judge, to make the right decision on your case. Typically, in a DUI case, this means the evidence is thrown out.

    • More Questions About DUI?
  • DUI Strategies Cleveland

    • Even Basic DUI Defense Strategies Pay Off for Our Clients

      While we at Patituce & Associates do not consider our defense strategies basic by any stretch of the imagination, even the most basic strategies can help our clients receive the results they deserve.

      For instance, at a minimum, in every case, we obtain the following (and completely review it):

      • The police report relating to your DUI arrest
      • The field sobriety testing results relating to your DUI arrest
      • The dash camera videotape, if it exists
      • The complete logs relating to the breath test you took, if you took one
      • The complete logs for any other type of blood or urine test you took

      The above are just the basics of how defense strategies pay off for our clients. In our opinion, the two most important pieces of DUI defense are the video from the dash camera and the logs relating to the breath test.

      Here’s why: police officers often overstate, even accidentally, your performance on the test.

      It happens all the time. We will review a police report and say “Wow! Sounds like you were intoxicated.” The police report will say things like “slurred, slow speech, poor balance, etc.” but when we go to the video, we see our client speaking normally, not losing their balance, and performing the test well. We like to argue in court and have done so successfully. A police officer might lie but video does not. That’s why video is important.

      Read our blog post about 5 DUI Arrest Mistakes Police Make!

    • Cleveland OVI Attorneys Must Examine the Breath Test Machine

      We are shocked that there are attorneys out there who do not actually go to the police station and review the logs that relate to their clients. Recently, we sat in court and watched a lawyer who was a police officer for decades plea their client to a first-offense DUI at the arraignment. This attorney did not go to the police station and did not review the records. What was outrageous was that we had a case out of the same police station and knew, because we had examined the records, that the machine was defective. The result? Our client agreed to take a reckless operation and received a $50 fine plus court costs. They got their license back that day. The other attorney’s client? They received 3 days in jail and 3 days at a driving class. Not the best result.

  • Checkpoint Cleveland

    • What Happens at a DUI Checkpoint in Cleveland?

      No attorney can advise you to break the law or violate administrative rules, but you need to be advised on what will happen to you depending on the choices you make at a sobriety checkpoint.

      First, the police use field sobriety tests to determine if (1) you are intoxicated, and (2) can they force you to take a breath/blood/urine test.

      Many of our clients take the field sobriety test, realize they are under the influence, and then refuse the breath test not knowing that they have still probably given the prosecutor enough evidence to convict them.

    • Can You Refuse a DUI Checkpoint in Ohio?

      If you refuse a field sobriety test, the police are likely going to charge you with a refusal; however, the prosecutor will also have a hard time proving you were operating a vehicle under the influence.

      Why? The field sobriety test provides proof you are intoxicated; the breath test proves your blood level is over a certain limit.

      If you are convicted of a first-time DUI, you can have your license suspended for 6 months up to 3 years. The police are going to make a big deal about the importance of taking a breathalyzer test.

      The police often tell people that if they take the breath test, and they are over the legal limit, they will only lose their license for 90 days, but if they refuse the test, they will lose their license for a year.

      What law enforcement fails to mention is that you could lose your license for three years if you are convicted of a DUI from taking a breath test.

      If you prevail on your DUI / OVI case, there is a very good chance that the one-year suspension goes away. This is why information is powerful.

      You should make your decisions based on all the facts, and not rely on what the police tell you.

    • What to Do at a DUI / OVI Checkpoint in Cleveland

      Clients who were arrested after going through a DUI checkpoint often ask what they should have done while going through a checkpoint.

      Most people are not aware that they can avoid the checkpoints altogether. In addition, people don’t know that they can refuse field sobriety tests as well as refuse to take a breath test.

      Three Questions to Ask About Your DUI Checkpoint

      1. Was the checkpoint properly advertised? Were there proper signs? DUI checkpoints are heavily regulated. They are essentially the government coming in, without probable cause, and stopping citizens and searching them. Because of this, most courts will scrutinize sobriety checkpoint procedures when a DUI attorney challenges the results and the arrest of their client.
      2. Can they prove it is a high DUI area? One thing the prosecution or the government has to prove is that the area the police used to set up their DUI checkpoint is a high DUI arrest area. The police cannot just pick any area to stop ordinary citizens. There are several strict steps that they have to follow before they can start arresting people.
      3. What do you do at the checkpoint? You must treat the police with respect. However, you have no obligation to comply with the police. You must identify yourself, but you do not need to talk about where you were or where you are going. You do not need to talk about how much you have had to drink, or how drunk you think you may be. You need to remain silent at a DUI checkpoint. You have that right, invoke it.
    • Can the Police Stop Me for Avoiding a DUI Checkpoint?

      A common question people have is, can you turn around before a DUI checkpoint Ohio? Some people who are about to go through a DUI checkpoint will turn around before entering it. How you avoid the checkpoint will determine whether an officer can lawfully detain you for avoiding a DUI / OVI checkpoint.

      If you turnaround before entering a checkpoint location in a normal, sober manner, the police have no basis upon which to stop you. If, however, you attempt to leave the checkpoint after entering, an officer may be able to stop you.

      Likewise, if you commit a traffic violation while attempting to avoid the checkpoint, an officer may also be able to stop you.

      Assuming you turned before entering the checkpoint and obeyed all traffic laws, any subsequent stop may be considered unreasonable.

      If you are facing charges after attempting to avoid a checkpoint, it is important to have an aggressive defense in place to protect you from charges that violate your rights.

    • Arrested at a DUI Checkpoint in Cleveland?

      We at Patituce & Associates understand how difficult these cases can be on our clients, and let’s be honest: if you are already searching for information on Cleveland DUI checkpoints, you are well aware of the potential problems and pitfalls associated with a DUI arrest.

      Before you head out, make sure you have our information. If you are stopped at a DUI checkpoint or pulled over, make sure you are ready to invoke your right to an attorney.

      When you present our card to an officer, be firm in your request to have an attorney present. But also remember to be polite and decline to answer questions other than your name, social security number, and home address.

  • DUID Cleveland

    • A conviction for DUID can land you in jail or subject you to other penalties and collateral consequences. The experienced Cleveland DUID defense attorneys at Patituce & Associates, LLC, understand what is riding on the line in your case. Fortunately, our legal team has the necessary experience and qualifications to help you pursue a case dismissal or other favorable result.

      Our team members have a collective 70+ years of experience defending individuals in Cleveland against their DUI, DUID, and related criminal charges. We have also successfully tried more than 400 criminal cases to verdict.

      One of our managing partners is a board-certified criminal trial lawyer.

      Finally, three of our criminal defense attorneys were once state prosecutors representing the government in criminal matters. This can benefit your case because we understand how prosecutors gather evidence and build their cases from start to finish. We use that knowledge to our advantage when aggressively defending our clients against DUID charges.

      Our experienced legal team has also built favorable connections with state prosecuting attorneys and criminal court judges, which we use to our clients' advantage. Let us help you raise a solid legal defense for your pending DUID charge and work to secure a favorable case result on your behalf.

    • Ways That DUID Cases Resolve in Cleveland

      There are multiple ways that drugged driving cases are resolved in Ohio. In some circumstances, especially where the accused individual has a solid legal defense to their criminal charge, a bench or jury trial may be the best option.

      When the case goes to trial, both parties present evidence, and attorneys make opening statements and closing arguments. The accused individual can raise one or more legal defenses to cast doubt on the prosecution’s case and prevent the state prosecutor from fully satisfying their legal burden of proof.

      A successful defense might prevent the prosecutor from securing a conviction against the accused driver, resulting in a case dismissal.

      At other times, the accused individual’s lawyer can negotiate a favorable plea deal with the state prosecutor. During a court hearing, the accused driver will typically plead guilty to a criminal charge in exchange for one or more concessions from the prosecuting attorney.

      For example, the prosecutor might agree to a term of probation in exchange for a guilty plea. Alternatively, the prosecutor might recommend a lesser sentence, suspended sentence, or reduced charges in exchange for a guilty plea.

      In some situations, it might benefit the accused driver to accept a plea deal from the prosecuting attorney. This is especially true if the individual does not have a solid legal defense to their charge. By accepting a plea deal, the accused driver takes away the uncertainty of a jury trial. However, they give up certain legal rights, including the right to take their case to trial or appeal the case result.

      Our experienced legal team can help you determine your eligibility to argue a solid legal defense to your pending drugged driving charge. We can also counsel you on whether or not you should accept a plea deal from the state prosecutor handling your case.

    • What are the Two Types of Criminal Drugged Driving Charges in Ohio?

      Ohio recognizes two different types of drug driving charges: OVI impaired and OVI per se.

      An OVI (operating a vehicle while intoxicated) impaired charge implies that some type of drug noticeably affects a driver’s mental processes, reaction time, or actions. To prove an OVI impaired charge, the state prosecutor must demonstrate, beyond a reasonable doubt, that the driver unlawfully consumed a scheduled drug and that the drug in question noticeably affected their ability to drive their motor vehicle safely.

      Ohio’s other category of drugged driving charges is an OVI per se charge. With this charge, a driver may be subject to a conviction if they have a sufficient amount of drugs in their system. Moreover, for a prosecutor to obtain a guilty finding or conviction against a driver, the drug need not necessarily have impaired the driver’s ability to drive safely, responsibly, and carefully.

      If a driver refuses to submit to a urine or blood test, a police officer can only arrest them for an OVI-impaired charge. However, if the driver takes a urine or blood test and the result shows that they exceeded the legal limit for that particular drug, then the driver may incur charges for both OVI per se and OVI impaired.

    • What Are the Allowable Drug Levels?

      The amount of drugs that a driver may legally have in their system in Ohio depends on the type of drug test that the police officer conducts and the type of drug.

      • For methamphetamines, the limit is 500 ng/mL of urine or 100 ng/mL of blood
      • The legal limit for LSD is 25 ng/mL of urine or ten ng/mL of blood
      • For cocaine, the limit is 150 ng/mL of urine or 50 ng/milliliter of blood
      • For amphetamines, the limit is 500 ng/mL of urine or 100 ng/mL of blood
      • For heroin, the legal limit is 2,000 ng/mL of urine or 50 ng/mL of blood.
      • For marijuana, the limit is ten ng/mL of urine or two ng/mL of blood.

      A driver with an excessively high concentration of a drug or other controlled substance in their urine or blood may also face a super DUI charge in Ohio.

      To determine the level of drugs or alcohol in your system, a police officer or other investigator can administer a urine, blood, or breath test. If a police officer recently arrested you for drugged driving, you should have skilled legal counsel advocating for you every step of the way.

      The experienced Cleveland drugged driving attorneys at Patituce & Associates, LLC can meet with you to discuss the circumstances of your arrest and the results of any chemical testing in your case. We can also determine if you may be eligible to raise one or more legal defenses to your drugged driving charge and explore other potential options for your case.

    • Possible Penalties for a Drugged Driving Charge

      For a state prosecutor to obtain a conviction against you on a drugged driving charge, they must fully satisfy their legal burden of proof beyond a reasonable doubt. If the state prosecutor cannot meet their legal obligation, they cannot secure a conviction in your case, and a judge may have to dismiss the entire matter. If the prosecutor does secure a conviction, a sentencing judge will have the discretion to impose various penalties within the purview of the applicable state statutes.

      The penalties that an individual may receive for a drugged driving conviction will depend on various factors, including the amount of the drug found in the driver’s system by chemical testing and the individual’s prior criminal record, if any.

      Potential penalties for a drugged driving conviction may include:

      • Monetary fines
      • Jail time
      • Required drug or alcohol testing and rehabilitation
      • Supervised probation
      • Restricted or revoked driver’s license


      In addition to these potential legal penalties, drugged driving offenders may experience numerous collateral consequences affecting various parts of their lives. For example, an offender may have difficulty finding a place to live or gaining admission to a college, university, or other educational program.

      Landlords and educational institutions routinely perform criminal background checks on applicants. A convicted drugged driving offender may also experience significant harm to their personal or professional reputation in the community.

      If you ultimately incur a conviction on a drugged driving charge, our legal team can aggressively represent you at your criminal sentencing hearing before a judge. We can argue for the lightest possible penalty on your behalf and work to eliminate or at least lessen the collateral consequences you experience because of your drugged driving charge.

    • Defending Against a Drugged Driving Charge in Cleveland

      Our knowledgeable legal team can also help you raise a robust legal defense against your pending drugged driving charge in Cleveland. Available defenses are very case-specific and will vary depending on your circumstances.

      First, you can allege that a police officer or investigator made a mistake while performing a chemical test. When police officers and others make serious mistakes, those mistakes may invalidate the test results, resulting in a complete dismissal of your drugged driving charge.

      In addition, we can challenge the initial traffic stop in your case. For a police officer to validly pull your vehicle over, they must have at least some reasonable suspicion or probable cause that you committed a crime.

      Drivers have a Fourth Amendment constitutional right against unreasonable searches and seizures. We can review your circumstances and determine if we can allege a Fourth Amendment violation in defense of your criminal charge.

      We can also raise a Fifth Amendment challenge if a police officer takes you into custody and continues questioning you after you assert your right to the presence of legal counsel. The basis for this challenge is an individual’s constitutional right against self-incrimination.

      Finally, we can challenge the validity of a field sobriety test if a police officer administers it incorrectly or if they fail to consider environmental factors, including lighting and weather. A field sobriety test may also be inaccurate if a driver suffers from a pre-existing and unrelated medical condition, such as one that affects their balance.

      Our legal team can investigate the circumstances of your arrest with you and determine your eligibility for arguing one or more of these legal defenses in your case.

    • What Happens If My DUID Case Goes to Trial?

      If you elect not to take a plea offer, we will proceed to trial. During the trial, the prosecution will present all of the evidence it has collected against you to convince the jury that you are guilty of the charges beyond a reasonable doubt.

      During trial litigation, your lawyer will have an opportunity to cross-examine the government’s witnesses and challenge the prosecutor’s theory. You and your legal team will also have a chance to present your evidence and arguments.

      We believe that every single person has the right to due process. Regardless of the nature of the case, we will fight tirelessly on behalf of each of our clients from the beginning of the process until the final verdict.

  • Breath Test TOC

    • Are Breath Tests Accurate?

      Almost all clients who call us either express despair over the fact that they took and failed a breath test or that they want to know what it will cost to beat a breath test.

      People who have been arrested for drunk driving understand how devastating a breath test can be to their case and potentially their freedom.

      In Ohio, there are two types of breath tests – one is generally admitted into evidence, while the other is not.

      Portable Breath Testers

      The first type of breath test is a portable breath test (PBT). This device is about the size of a smartphone and might look similar to one that a friend has shown up with at a bar or party.

      Portable breath testers are not accurate and therefore not admissible as evidence against you at trial. This does not mean you should refuse to take the test.

      Law enforcement uses a PBT typically to show that there was probable cause to arrest you for operating a vehicle impaired (OVI). Depending on the test results, the police can use the readout to get you to submit to further testing.

      BAC DataMaster & Intoxilyzer 8000

      There are two other types of breath analyzers that law enforcement uses to test for drunk driving: BAC DataMaster and Intoxilyzer 8000.

      There is much debate over the accuracy of the Inoxilyzer 8000. At least 11 courts in Ohio have ruled that the results from this machine are not admissible.

    • 8 Factors that Affect Your BAC

      The following are the common factors that affect your BAC:

      1. Weight – The less you weigh, the less water you have in your body to dilute the intoxicating effects of alcohol. That is why heavier individuals appear more sober than their lighter counterparts when they consume the same amount of alcohol.
      2. Gender – Since men have more muscle and less body fat compared to women, the BAC in men will generally be lower than that of women when consuming the same amount of alcohol. In addition, women have less dehydrogenase—an enzyme that breaks down alcohol in the stomach—compared to men, which results in a higher BAC compared to a man with the same weight.
      3. Age – The older you get, the more pronounced the intoxicating effects of alcohol will become.
      4. Food – Consuming alcohol on an empty stomach can lead to a higher BAC compared to another person who had eaten prior to drinking. Food slows down alcohol that is being absorbed in your bloodstream and remains in your stomach longer.
      5. How quickly you consume alcohol – The faster you drink alcohol, the quicker your BAC will increase.
      6. The strength of your drink – The more alcohol a beverage contains, the more alcohol will enter your bloodstream and increase your BAC.
      7. Medications – Cough medicines, anti-depressants, and even aspirin can amplify the effects of alcohol on your body.
      8. Stress and fatigue – The effects of alcohol will become more pronounced whenever you are feeling tired or stressed out.
    • What Happens When You Take a Breath Test in Cleveland?

      Clients often wonder if they made the right choices when they were approached or stopped by the police prior to being arrested for driving under the influence.

      The police are not going to tell you that you can refuse to make any statement, refuse to take a field sobriety test, and refuse a portable breath test.

      Obviously, the police are looking to make an arrest and they leave out certain facts. For instance, many officers will tell you that if you refuse a breath test, you will lose your license for a year.

      What the police do not say is that if you are convicted after a failed breath test that you could lose your license for up to three years.

    • What Happens if You Take the Breath Test?

      The first thing you need to know is that even if you pass the breath test, you can still get charged with a DUI from how you performed on the field sobriety tests.

      Taking the breath test only provides you with an easier path to immediately getting your license back—or at least in 15 days versus 30 days on a first offense.

      Still, the one year that the police officers threatened a refusal can be overcome. More importantly, by refusing to take a breath test you deprive the police of evidence that they can use against you.

      If you fail a breath test by testing over one of the two legal limits, you give the government evidence to convict you. This evidence seems pretty straightforward: the first legal limit is 0.08, the second is 0.17, and if your test is over the limit, you could be in danger of being convicted.

      What is worse is that the prosecutor no longer needs to prove that you were under the influence (i.e. drunk)—just that you were over a legal limit.

    • What Happens if You Refuse a Breathalyzer in Ohio?

      When arrested for a DUI, you are given a choice: take or refuse the breath test. Police are trained to use every possible means necessary to convince you to take it. They are hoping you test over the limit because it makes their case easier to prove.

      However, does this mean you should refuse? Can it be used against you? The truth is that a refusal of a breath test can be used against you! However, from a purely logical standpoint, refusing is probably still the right decision.

      Most people who failed a breath test find themselves charged with two DUIs. A charge for being impaired, often labeled as 4511.19(A)(1)(a), and a charge for being over the legal limit, or 4511.19(A)(1)(d) or (h).

      When an individual decides to fight their DUI charges, the prosecutors will almost always drop the 4511.19(A)(1)(a) charge and move forward with the failed breath test results.

      If the prosecution can, they will use your breathalyzer results to prove that you were driving while impaired. Proving that you were too drunk to drive is more difficult. By refusing a test you risk higher penalties, but you deprive the government of valuable evidence against you.

      Remember there is no legal requirement that you incriminate yourself if guilty—or even cooperate if innocent.

      While a refusal can be used against you, the prosecutor still has to prove you were intoxicated. This is measurably harder to do than prove that your blood alcohol level was over a certain number.

      Why? Everyone has a different way of exhibiting intoxication. Some people have a high level of tolerance that makes it harder to manifest actual impairment, while other people have a very low tolerance.

      When you refuse a breath test, the prosecutor is forced to rely upon other evidence that the general public does not find as reliable.

      An example would be the field sobriety tests, which are not reliable at all. Take for instance the National Highway Safety Transportation Administration, which is the group that has spent millions of dollars putting together and studying field sobriety tests.

      In their 2007 publication on one of the three main standardized tests, they revealed that in some cases the officers who conducted the tests were wrong an amazing 52% of the time.

      Most officers, prosecutors, and judges are not aware of this. This is why it is important to hire a DUI attorney to defend you from these charges that practice DUI defense.

    • Ohio Penalties for Refusing a DUI Breath Test

      If you refuse a breath test, the immediate impact is your license is administratively suspended by the police officer through the BMV for one year.

      You will not be able to obtain driving privileges for 30 days unless you have an attorney who can help navigate you through what is known as an ALS appeal.

      On top of that, a refusal carries with it a minimum of 6 days in jail, yellow party plates, an interlock device, and an alcohol assessment. These penalties only come if you are convicted, which makes fighting your DUI even more important.

    • Benefits of Refusing a DUI Breath Test in Ohio

      If you listen to the police, you will hear that refusing a DUI / OVI breath test is the worst possible thing that you can do when you are facing criminal charges.

      However, consider this: the breath test is typically the best piece of evidence the prosecutors have to prove that you are guilty, and even if you pass the breath test, you are still getting charged.

      If you have reached the point where police are demanding that you submit to a breath test, you have already been arrested. The police are simply searching for evidence that you are over one of the two legal limits.

      Some might ask why you would refuse a test if you are sober. To them, we ask…why would you continue to cooperate with police officers who have already concluded that you are guilty and couldn’t care less about your sobriety?

    • Why Did the Cop Charge Me with a Refusal When I Was Trying to Blow?

      As former prosecutors, we can tell you that most officers are trained when it comes to DUI offenses. They believe they are well trained, but in fact, the opposite is true.

      One of the areas where this gets exposed is when we are dealing with a charge of refusing a breath test, but in actuality, the person was trying to take the test.

      Officers are trained to believe that if you are unable to produce a result on the breath testing device, you have to be playing games or you are faking the test.

      Often, the complete opposite is true, or, worse, the machine simply is not working. Sometimes, the police officer will see that the breath test reading is approaching 0.08, the first legal limit, but not going over.

      In these situations, the officer will also assume you are playing games. After all, they arrested you for being over the legal limit. So what do you do? You hire the most experienced OVI defense lawyers that you can find.

    • Should I Hire a Cleveland DUI Attorney If I Failed a Breath Test?

      We at Patituce & Associates can tell you that it amazes us how many people believe that just because they failed a breath test there is absolutely no way they can win their case or do better than being forced to plead guilty to a DUI.

      A DUI carries with it mandatory minimum jail time even on a first offense so it is important that you aggressively fight your DUI charge, even if you failed a breath test.

      An experienced DUI defense attorney can be the difference between the breath results staying in, or being thrown out.

      There is a lot that goes into a DUI case, beyond just a breath test.

      Before the results of the test are admissible in court, the prosecution is going to have to demonstrate several things.

      • Officers must show that they had a legitimate reason to pull you over.
      • The officer is going to have to show that he had a reasonable suspicion that you were driving while intoxicated to justify pulling you out of the car.
      • The officer must demonstrate they performed field sobriety tests correctly.
      • They must demonstrate they had probable cause to arrest you for DUI.
      • The officer and the prosecutor must show everything about the breath test was done properly. Any mistake can result in the breath test not being admissible.

      A DUI conviction is a serious matter—even a first offense has mandatory jail time and a mandatory license suspension of 6 months to 3 years.

      We know the police officer got you to take the breath test by telling you that if you failed you would only lose your license for 90 days, but if you refused, you will lose it for a full year.

      If you failed a breath test, get in contact with a Cleveland breath test attorney from our team today! Call (440) 771-1175 now.

  • BMV TOC

    • What Is a BMV Hearing?

      The Ohio Bureau of Motor Vehicles (BMV) is responsible for overseeing every aspect of a driver’s right to operate a motor vehicle, and that includes controlling licenses.

      When you’re charged with OVI in Ohio, you have a limited time to request a BMV hearing to contest the administrative license suspension that comes along with an OVI conviction.

      A BMV hearing applies to the license suspension only, not the OVI. This is an opportunity for us to fight the suspension of your license so you can continue to drive without restrictions.

    • How Can I Request a BMV Hearing?

      While BMV hearings are not required in a DUI case, we highly recommend that you request one. It’s an important part of defending your driving privileges after a DUI charge.

      Important things to know about requesting BMV hearings for DUI / OVI include:

      You must submit the hearing request within 30 days of the mailing date of the suspension notice. If you are facing an out-of-state charge, that time limit is reduced to 20 days.

      There are no fees for BMV hearings.

      You do not need to be physically present; you may ask an attorney to represent you at a BMV hearing.

    • Do You Need a BMV Hearing Attorney?

      Imagine you’re driving home after a night out in Cleveland, and you get pulled over for suspected OVI. Your heart sinks as the police officer confiscates your driver’s license, leaving you with an immediate Administrative License Suspension (ALS).

      According to Ohio law, you now have 30 days to request a BMV hearing, otherwise, your driving privilege could be in jeopardy for the next six months or more from an administrative suspension

      But should you walk into that BMV hearing unprepared and unrepresented?

      The short answer is no. While Ohio law allows you to request a BMV hearing without legal representation, the process is far from simple.

      The hearing involves contesting the ALS, and it’s separate from the criminal court proceedings for the OVI charge. What you say or fail to say can have a profound effect on your ability to drive for the foreseeable future.

      Navigating the nuances of an Ohio BMV administrative license suspension hearing requires keen understanding of the Ohio Bureau of Motor Vehicles procedures, as well as the tactics used by hearing officers to uphold suspensions.

      Don’t underestimate the importance of having a BMV hearing attorney by your side, especially one familiar with OVI cases in Cleveland. These lawyers have experience in Ohio law, including successfully defending against license suspensions imposed by the court.

      Whether you’re grappling with your first OVI offense, or it’s a subsequent charge, a drunk driving attorney can help you articulate a strong defense strategy.

      For instance, your attorney might argue that the arresting law enforcement officer lacked probable cause, or that the breath or blood test was improperly administered.

      This is particularly important in refusal hearings where you declined the breath test, as the BMV will consider this as well.

      Moreover, a skilled attorney can assist with the logistics, such as ensuring the hearing request is submitted within the 30-day window, and can represent you so you don’t have to appear in person.

      A lawyer can also help you understand the limitations and conditions for applying for limited driving privileges during your suspension period.

      Time is ticking, and each day that passes reduces your options for keeping your driving privileges intact. If you’ve received a suspension notice in the mail from the Ohio BMV or are facing drunk driving charges in Ohio, reach out for a free consultation with a law firm experienced in BMV hearings as soon as possible.

      Don’t allow a single mistake to impede your ability to drive, potentially affecting your livelihood and quality of life.

  • DUI TOC

    • DUI Matters We Handle

      Our DUI defense team in Ohio has a long track record of success with DUI/OVI cases. Whether it’s a dismissal of charges, a favorable plea bargain, or an acquittal at trial, we fight for the absolute best result our clients could hope for.

      Our fees are not the lowest in the area, but you get what you pay for. If you’re serious about fighting your charges and winning, we’re the firm for you.

    • Cleveland DUI Defense Strategies to Protect Your Future

      Often, our clients will ask us: “What can you do for me? I blew over the legal limit and got an OVI!” Your case might feel hopeless if you failed a breathalyzer or field sobriety test; however, simply failing either (or both!) tests doesn’t mean you’ll be convicted. That’s why you need a DUI attorney with actual experience defending clients from these charges.

      At a minimum, in every case, we review the following to look for grounds for dismissal:

      • The police report relating to your DUI arrest
      • The field sobriety testing results relating to your DUI arrest
      • The dash camera video, if it exists
      • The complete logs relating to the breath test you took, if you took one
      • The complete logs for any other type of blood or urine test you took

      Many people—including some lawyers—do not know that there are two legal blood alcohol limits in Ohio. The first legal limit is 0.08 and the second is 0.17. The penalties for these types of charges go up significantly if you test over the second legal limit (also known as a high-tier test). But we can sidestep those penalties if the arresting officer violated your rights during the arrest.

    • How Our Cleveland DUI Defense Attorneys Fight OVI Charges

      Another question we get: “I was drinking, how can I possibly fight my Cleveland OVI charge?” While we at Patituce & Associates do not consider our defense strategies basic by any stretch of the imagination, even the most basic strategies can help our clients receive the results they deserve.

      There are many different avenues to challenge an OVI:

      • We can challenge the reason you were stopped. A lot of the time, especially in cases where there is a dash camera, we analyze the footage to see why a defendant was stopped. Sometimes, allegations of the arresting officer are not visibly apparent and thus can be challenged. If the stop is bad, everything after the stop is bad.
      • We can challenge the reason the arresting officer removed a defendant from the vehicle to perform standard field sobriety testing. If there was no reasonable suspicion to remove a defendant from a vehicle, then everything after the wrongful removal is bad as well.
      • We can challenge the field sobriety test results. Ohio universally recognizes the NHTSA as to how the field sobriety tests should be administered. If the tests aren’t administered correctly, it can impact the way a defendant performs those tests.
      • We can challenge chemical test results, whether it be a blood, breath, or urine sample. There are strict procedures for handling samples; if the blood or urine sample is mishandled in any way, the test results are void.

      In our opinion, the two most important pieces of DUI defense are the video from the dash camera and the logs relating to the breath test. Here’s why: police officers often overstate, even accidentally, your performance on the test.

      It happens all the time. We’ll review a police report and say, “Wow! Sounds like you were intoxicated.” The police report will say things like “slurred, slow speech, poor balance, etc.” However, when we go to the video, we see our client speaking normally, keeping their balance, and performing well on the test. We like to argue in court, and have done so successfully, that a police officer might lie—but video does not. That’s why video is important.

      Read our blog post about 5 DUI Arrest Mistakes Police Make!

    • Cleveland DUI Defense Attorneys Must Examine the Breath Test Machine

      We are shocked that there are OVI attorneys who don’t go to the police station and review breath test logs. Our attorneys once witnessed another lawyer, a seasoned ex-police officer, plea their client to a first-offense DUI at the arraignment. This attorney did not go to the police station and did not review the records.

      What was outrageous was that we had a case out of the same police station and knew, because we had examined the records, that the machine was defective. The result? Our client agreed to reckless operation and received a $50 fine plus court costs. They got their license back that day. The other attorney’s client? They received 3 days in jail and 3 days at a driving class. Not the best result.

    • Tailoring Our Approach to Our Clients’ Needs

      We are not a plea factory. Many DUI lawyers will take clients and work out a quick plea deal. This approach has given defense lawyers a bad name. We advocate aggressively for our clients, tailoring our approach to their needs. Some clients want us to work out the best deal as fast as possible; others want us to challenge the evidence and attempt to secure an acquittal. It depends on the client’s situation.

      If you have a job that requires driving or a clean criminal record, you might need to fight the charges. Our Cleveland DUI lawyers understand that.

    • What Happens If I’m Arrested for OVI in Ohio?

      If you are lawfully arrested for OVI, two processes take place. The first (the administrative process) determines if your driver’s license gets suspended. The second (the criminal process) determines if you’re guilty of a crime, with all the penalties implied therein.

      Upon a lawful OVI arrest, a police officer may request you take a chemical test to determine your blood or breath alcohol level. If it’s at or above .08, or if you refuse to provide a sample for analysis, the officer can immediately seize your driver’s license and suspend your driving privileges.

      The immediate driver’s license suspension is part of the administrative process. Note that this sanction happens before your criminal case is decided.

      To reinstate your driving privileges after an administrative suspension, you must:

      • Serve the suspension period
      • Pay the reinstatement fee
      • Provide proof of insurance

      Read more on our “What Happens After a DUI Arrest?” blog post!

    • What Is the OVI Court Process?

      After your arrest, you’ll be arraigned. During this proceeding, a judge explains the charge brought against you and potentially sets a bail amount, which you must pay to secure release. At the arraignment, the judge will ask you to enter a plea. If you plead guilty, you will be convicted of the offense. Entering a not-guilty plea means your case will proceed, and you’ll have the opportunity to challenge the prosecutor’s accusations against you.

      The next stage in the criminal process is a pretrial hearing. Your attorney will meet with the prosecutor and present facts/evidence to counter their case. Depending on the specifics of your case, the prosecutor may offer a plea deal, such as reducing your OVI charge or recommending a lesser sentence. Most cases are settled during a pretrial hearing.

      Find out about getting your OVI charges reduced on our blog:

    • Can I Get My DUI Charges Reduced in Ohio?

      If your case is not resolved outside of court, it goes to trial. The prosecutor will attempt to prove your guilt beyond a reasonable doubt, while your defense attorney will present counterarguments to defend your innocence and protect your rights and freedom. Because most cases settle at pretrial hearings, fewer attorneys than you realize have real courtroom experience.

      If the prosecutor prevails and the jury convicts you of OVI, you’ll be brought to a sentencing hearing, where the judge will determine what term of incarceration and fines to impose.

    • What Is an Ignition Interlock Device?

      An IID is similar to a breathalyzer. You are required to breathe into the device to start your vehicle. If your blood alcohol content (BAC) is above .02 percent, the vehicle will not start. Furthermore, the IID also requires random tests while the vehicle is in motion.

      If the device detects alcohol, a company that monitors the IID will be notified of the failed result. IID violation can lead to license suspension for a longer period or a jail sentence. Installation fees cost between $200 and $300, while monthly maintenance costs between $100 and $200. There is also a fee for removing the device once you serve your suspension period.

    • Penalties for Driving Under the Influence in Ohio

      Ohio drunk driving laws have been among the toughest in the country since the early 1990s. You will lose your license if you are convicted of OVI in Ohio. Period.

      How long your license is revoked depends on the severity and details of your arrest. You will lose it immediately if you refuse to take a sobriety test or if the breathalyzer result is higher than the legal limit of 0.08% BAC. Authorities can also take your license plates and seize or disable your vehicle if you have multiple arrests for DUI.

      Ohio DUI penalties are extremely serious:

      • First OVI: At least 3 days in jail or a 3-day alcohol abuse program. Fine up to $1,075.
      • Second OVI: A jail sentence of 10 days to 6 months or a combination of jail, house arrest with monitoring, and/or continuous alcohol monitoring. The fines can be $1,625.
      • Third OVI: A punishment of 30 days to 1 year in jail. If your BAC was 0.17% or higher, the sentence is a minimum of 60 days. The fine can be $2,500 along with paying for an alcohol or drug treatment program. You will also lose your driver’s license for 2 to 10 years. If your second OVI was less than 6 years prior to this arrest, throw out the above info because you are facing a felony now.
      • Fourth OVI: Up to 5 years in jail and a $10,000 fine for a 4th conviction. Plus, you would be required to surrender the car you drive to the authorities. Some 4th offenders lose their licenses permanently.
      • 5th OVI or More: Call Patituce & Associates, LLC. We need to discuss what’s coming.
    • How Long Will an OVI Stay on My Record?

      Being charged with an OVI is serious. If you’re convicted, the information will stay on your criminal record forever.

      Ohio has a 10-year lookback period when it comes to OVI offenses. This means that if you are charged with a second or subsequent offense, the judge may look at your criminal history to see if you have any priors. If you do, and they occurred within 10 years of the current charge, they will be considered previous offenses for sentencing purposes.

      Here’s an illustration of how this works: If you’re accused of a first OVI, you may face a mandatory minimum jail term of 3 days and a fine between $375 and $1,075. But, if this is your second OVI in 10 years, you could be sentenced to a mandatory minimum jail term of 10 days and/or a fine between $850 and $2,750.

    • DUIs & CDL Disqualification in Ohio

      Many of our clients are individuals who own and operate their own truck companies–or single units. All these people have one thing in common: they have a CDL and without it, they are unable to work, function, and survive. We have often said that we believe DUI law impacts people holding special licenses more than those without, and it is certainly true when you talk about a CDL. If you have a CDL and are charged with an OVI/DUI, you need to speak with a Cleveland DUI attorney immediately. Call us at (440) 771-1175.

      It is important to hire a criminal defense lawyer who knows exactly how to both defend a DUI and protect your CDL. The Cleveland DUI attorneys at Patituce & Associates, LLC have handled a wide range of cases. We know how to find errors in police work, and we know how to exploit it to our advantage.

      In one case, we secured a dismissal for an individual who was simply sitting in his vehicle when the police approached. We successfully convinced the court to throw out the entire DUI case without the need for a trial. The prosecutor wanted our client to serve a significant jail sentence, our client took our advice and we fought. We won and our client walked out with his license intact, no fines, no costs, and no jail time.

    • How Can A DUI Lawyer In Cleveland Help You?

      Having an experienced Ohio criminal defense lawyer by your side is critical for ensuring that your rights and your future are protected. Our attorneys will effectively evaluate your case, and gather important evidence to support your case. In the situation that your case gets taken to court, your attorney will be there to provide you with fierce representation on your behalf. Your DUI attorney can also serve as a great support system for you and offer you the emotional reassurance that you need during this challenging time.

      A DUI lawyer can help you in the following ways:

      • Examining your case
      • Collecting evidence
      • Providing you with objective legal guidance
      • Offering you emotional support
      • Answering all of your questions
      • Saving you time and money
      • Helping you gain a favorable outcome
      • Representing you

      Don’t go through the repercussions of a DUI by yourself, let our experienced DUI lawyers in Cleveland help protect you and your future. Without a reputable DUI attorney, you may be risking the outcome of your case as well as your reputation. Contact our attorneys today to schedule a free consultation and to learn more about how we can help you.

    • Can I Challenge an OVI Charge in Ohio?

      Yes, you can challenge an OVI charge in Ohio. There are several potential defenses depending on the circumstances of your case. For example, you can question the accuracy of the breathalyzer or blood test results, challenge whether the police had probable cause to stop you, or argue that the field sobriety tests were improperly administered. Hiring an experienced OVI lawyer at Patituce & Associates can help you explore your options and potentially reduce or dismiss the charges.

    • What Happens If I Am Charged with OVI While Under 21 in Ohio?

      If you are under 21 and charged with OVI in Ohio, you face stricter BAC limits and penalties. For drivers under 21, the legal BAC limit is just 0.02%, and if you are found with a BAC between 0.02% and 0.08%, you can be charged with Operating a Vehicle after Underage Consumption (OVUAC). Penalties for underage OVI include fines, a license suspension of up to two years, and possible jail time or community service. A conviction can also impact your future, including your ability to obtain scholarships, financial aid, or certain jobs.

    • What is Ohio’s “Look-Back” Period for OVI Offenses?

      Ohio has a 10-year "look-back" period for OVI offenses. This means that if you are convicted of a second OVI within 10 years of your first, the penalties for your second offense will be more severe. The more OVI offenses you have within this 10-year period, the harsher the consequences, including longer jail sentences, higher fines, and extended license suspensions. Each OVI remains on your permanent record, but the look-back period is used to enhance penalties.

    • What Should I Do If I’m Pulled Over for Suspected OVI in Ohio?

      If you're pulled over for suspected OVI in Ohio, remain calm and polite. You have the right to remain silent and are not required to answer questions about where you’ve been or if you’ve been drinking. You may be asked to take field sobriety or chemical tests, but you have the right to refuse these tests, though this can result in a license suspension. If arrested, it's important to contact an experienced OVI lawyer as soon as possible to help protect your rights.

  • Drug Possession TOC

    • Penalties for Possession of a Controlled Substance in OH

      To determine the possible penalties for possession of a controlled substance, you need to know:

      • What drug you are charged with possessing
      • How much drug you possessed
      • Where you possessed these drugs

      Penalties depend on the drug involved. There are different penalties for different controlled substances. The law treats the possession of marijuana more leniently than the possession of cocaine or heroin. For instance, if you are arrested with 100 grams of cocaine, you face 3 to 11 years in prison and $20,000 in fines. However, if you are arrested with 100 grams of marijuana, you face a maximum of 6 months in jail.

    • Ohio Marijuana Possession Charges & Penalties

      Currently, marijuana is only legal for medicinal uses with a valid medical marijuana card and only for certain medical conditions, including pain that is either chronic and severe or intractable, PTSD, and traumatic brain injuries. At this time, it is illegal to smoke marijuana (vaporization is legal however) – the only legal forms of medical marijuana will be edibles, oils, patches, plant material, and tinctures.

      Therefore unlawful possession of marijuana can result in significant fines and jail time, depending on the amount of the drug in a person’s possession. According to Ohio law, if the drug involved in the violation is marijuana, the person is guilty of possession of marihuana. The penalty for this drug possession is determined as follows:

      • <100 grams: Minor misdemeanor with a max fine of $150
      • 100-200 grams: Misdemeanor of the 4th degree with up to a 30-day jail sentence and $250 fine.
      • 200-1,000 grams: Felony of the 5th degree and up to 1 year in prison and a maximum fine of $2,500.
      • 1,000-20,000 grams: Felony of the 3rd degree up and up to 3 years in prison and a maximum fine of $10,000
      • 20,000 – 40,000 grams: Felony of the second degree and a mandatory prison term of five, six, seven, or eight years.
      • Over 40,000 grams: Felony of the second degree and a mandatory prison term of 8 years.
    • Heroin Possession Charges & Penalties

      In Ohio, heroin possession or trafficking may result in fines of thousands of dollars and even up to 10+ years in prison. Heroin is considered a Schedule I drug and charges are based on the amount in possession.

      These charges include:

      • <1 gram: 5th-degree felony with 6-12 month prison sentence.
      • 1-4 grams: 4th-degree felony and 6-18 month prison sentence.
      • 5-9 grams: 3rd-degree felony and 9-month to 3-year prison sentence.
      • 10-49 grams: 2nd-degree felony and 2-8 year prison sentence.
      • 50-249 grams: 1st-degree felony and 3-10 year prison sentence.
      • >250 grams: major drug offense (MDO) and 11-year mandatory prison sentence.
    • Cocaine Possession Charges & Penalties

      In Ohio, cocaine charges and penalties are based on the amount in possession or sold. Cocaine is a Schedule II drug. The drug possession charges for cocaine possession range from a 1st degree to 5th degree felony.

      The amounts and penalties for cocaine possession include:

      • <5 grams: 5th-degree felony; fines up to $2,500 and 6-12 months in jail.
      • 5-9 grams: 4th-degree felony; fines up to $5,000 and 6 months in jail to 18 months in prison.
      • 10-19 grams: 3rd-degree felony; fines up to $10,000 and 9 months in jail to 36 months in prison.
      • 20-27 grams: 2nd-degree felony; fines up to $15,000 and 2-8 years in prison.
      • 27-99 grams: 1st-degree felony; fines up to $20,000 and 3-11 years in prison.
      • >100 grams: 1st-degree felony; fines up to $20,000 and 11 years in prison.
    • Ohio Fentanyl Penalties

      In Ohio, fentanyl is a Schedule II controlled substance and is charged by “bulk amount” found in possession. The “bulk amount” refers to either: (1)> 10 grams; or (2)> 25 doses of the controlled substance.

      Possession of fentanyl in Ohio may result in the following penalties:

      • <a bulk amount: 5th-degree felony; 6-12 months in prison and a fine of $2,5000.
      • >a bulk amount & <5x bulk amount: 3rd degree felony; 9 months-5 years in prison and fines up to $10,000.
      • 5x-50x bulk amount: 2nd-degree felony; mandatory minimum of 2 years in prison and fines up to $15,000.
      • 50x-100x bulk amount: 1st-degree felony; mandatory minimum of 3 years in prison and fines up to $20,000.
      • >100x bulk amount: 1st degree felony; mandatory minimum of 11 years in prison; major drug offender (MDO).
    • Penalties for Methamphetamine Possession

      In Ohio, meth possession is a felony drug crime and will result in fines and jail time.

      The penalties for these crimes are based on the amount in possession.

      • <3 grams: 5th-degree felony; 6-12 months in jail and up to $2,500 in fines.
      • 3-15 grams: 3rd-degree felony; possible 9-36 months in jail and up to $10,000 in fines.
      • 15-150 grams: 2nd-degree felony; 2-8 years in prison and up to $15,000 in fines.
      • 150-300 grams: 1st-degree felony; 3-11 years in prison and up to $20,000 in fines.
      • >300 grams: 1st-degree felony; 11 years in prison, up to $20,000 in fines, major drug offender (MDO).
    • Other Repercussions and Potential Drug Charges in Ohio

      Of course, drug possession is only one of many potential drug-related charges in Ohio. Depending upon the circumstances, you may be charged with:

      • Drug trafficking – the sale of controlled substances.
      • Illegal manufacture of drugs – including going marijuana or making meth.
      • Possessing drug abuse instruments – possession of any tool or item where the primary purpose is to ingest, inhale, or inject illegal substances.
      • Illegal use or possession of drug paraphernalia – possession of a tool or item related to an illegal drug.
      • Corrupting another with drugs – forcing another to use drugs or sharing drugs with a minor.
      • Among many other potential charges.

      In addition to incarceration and monetary fines, a drug possession conviction can have a wide-ranging and long-lasting negative impact on your life. A drug charge can affect your employment prospects and career advancement, make it difficult to qualify for government assistance, affect child custody or adoption actions, and threaten your right to vote or possess firearms.

    • Drug Possession Defense Attorneys in Cleveland, OH

      There are numerous ways to defend drug possession crimes as each case is unique. An experienced drug possession lawyer can help guide you through this process. At a bare minimum, each case needs to have what is called a suppression hearing.

      A suppression hearing is where the attorney challenges:

      • The reason for your arrest
      • The reason for any search
      • The science behind the drug analysis
      • The conclusions regarding amount of the drug
      • Anything else that is relevant to the case

      It is important in defending these cases to know your goal. Are you a college student? You risk losing all of your financial aid. Are you a professional? You have professional licensing issues that you need to avoid. Everyone has something to lose if these cases are not handled the right way.

      Call our Cleveland drug possession attorneys at (440) 771-1175 for a free consultation. Ask to speak to one of our lawyers personally about the facts of your case. The call is completely confidential and without any obligation. If we agree to take on your case, our team of ex-prosecutors will go to work fighting for you.

      If you have been charged with the possession of a controlled substance under O.R.C. 2925.11, you face some serious penalties. Contact our Cleveland drug possession lawyers now!

  • Drug Paraphernalia TOC

    • What is Drug Paraphernalia?

      Drug paraphernalia represents a complex and often misunderstood aspect of drug crime law. Defined broadly, drug paraphernalia includes any equipment, product, or material of any kind designed for use or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. This definition encompasses an expansive array of items, which can sometimes lead to confusion and legal complexities.

      Paraphernalia can range from pipes, bongs, and rolling papers associated with marijuana use to more serious items like syringes, scales, and materials used for cooking or cutting drugs. This also includes kits used for producing or processing drugs, objects used to conceal drugs, and even certain household items, depending on context and intent.

      Importantly, legal consequences related to drug paraphernalia are not solely contingent on the presence of drugs. The possession of drug paraphernalia itself, even if no drugs are found, can lead to serious legal implications. It is also important to note that what might be considered everyday items can be classified as drug paraphernalia, depending on their context and intended use.

    • Drug Paraphernalia – ORC Section 2925.14

      Many state laws, including Ohio’s, take into account an individual’s intent when determining if an item is considered drug paraphernalia. For instance, a baggie or a digital scale alone might not be considered drug paraphernalia. However, when found in close proximity to illegal drugs or with residue of illegal drugs, these items could be classified as drug paraphernalia.

      In Ohio, drug paraphernalia is governed by Section 2925.14 of the Ohio Revised Code (ORC). This law sets out the parameters for identifying what can be classified as drug paraphernalia, and it is based on a multitude of factors. These factors can include the presence of drug residue on the item, proximity to controlled substances, any statements made by the owner, instructions or descriptive materials accompanying the item, and the legitimate uses of the item in question, among other considerations. ORC Section 2925.14 criminalizes the activity of possessing, advertising, and selling drug paraphernalia. Importantly, a violation of this law is typically classified as a fourth-degree misdemeanor, which can carry serious consequences, including fines and potential jail time. It is vital that individuals facing such charges obtain knowledgeable legal counsel to effectively navigate this aspect of Ohio law.

      When dealing with drug paraphernalia charges, legal defense becomes paramount due to the potential severity of these charges and the significant impact they can have on your life. It’s important to work with a seasoned attorney who can guide you through the complexities of the legal system, ensure that your rights are protected, and help you achieve the best possible outcome in your case. If you are facing charges involving drug paraphernalia, we at Patituce & Associates, LLC, invite you to reach out to our team for a free consultation.

    • Penalty for Possession of Drug Paraphernalia in Ohio

      According to Ohio’s law, possessing drug abuse instruments (O.R.C. 2925.12) is a second-degree misdemeanor on a first conviction, which can lead to a 90-day sentence. A second conviction makes it a misdemeanor of the first degree, with a sentence of up to six months. You’ll also lose your driver’s license for between six months and five years.

      Drug abuse instruments may include:

      • Hypodermic needles
      • Syringes
      • Rolling papers
      • Plastic bags
      • Razors
      • Spoons
      • Mixing device
      • And more

      Never mistake the word “misdemeanor” for “not a serious crime.” Not only do you face jail time if convicted, but a conviction for a “minor” misdemeanor charge today can lead to much more serious problems if you’re arrested in the future.

    • Illegal Use or Possession of Marijuana Drug Paraphernalia

      While possession of drug paraphernalia, in general, is a crime, there is a special category of criminal offense for paraphernalia used for the consumption of marijuana. Under the statute, it is illegal for people in Cleveland to knowingly use, or possess with purpose to use, any equipment, product, or material that the person uses, intends to use, or is designed to be used to introduce marijuana into the human body.

      Like other paraphernalia charges, ORC 2925.141can be used to cover a broad collection of items:

      • Scales
      • Pipes
      • Bongs
      • Rolling papers
      • Baggies and envelopes
      • Grinders
      • Containers for packaging
      • Tools used to prepare marijuana for consumption

      The illegal use or possession of marijuana drug paraphernalia is a fourth-degree misdemeanor that is punishable by a maximum fine of $150 and a driver’s license suspension of six months to five years. The charge is more serious when the person is convicted of illegal use or possession of marihuana (marijuana) and drug paraphernalia, which can be a second or first-degree misdemeanor and include jail time.

    • Prosecution of Drug Paraphernalia Charges

      Prosecuting drug charges, especially those related to drug paraphernalia, can be a meticulous and complex process. Drug crimes encompass a wide range of offenses, from minor misdemeanors such as possession of a small amount of a controlled substance to major felonies involving the distribution or manufacture of drugs. Prosecutors rely heavily on evidence collected by the responding law enforcement officer or officers to build their cases. This evidence can take many forms, and in cases of drug paraphernalia charges, it can include direct or circumstantial evidence.

      Direct evidence might be a controlled substance found on the person, or in their property or vehicle, along with items commonly used in the consumption or preparation of drugs. Circumstantial evidence, on the other hand, might include the presence of drug residue on an item, the individual’s proximity to known drug activity, or even national or local advertising of items for use as drug paraphernalia.

      Moreover, prosecutors might consider other relevant factors when building their case. For instance, if the accused is a professionally licensed person, such as a commercial driver’s license (CDL) holder, or someone who holds a license from another regulatory or licensing board, they might face additional scrutiny or penalties due to professional conduct standards.

      The severity of charges and potential penalties can also depend on the specific laws violated. For example, a violation under Ohio law might be treated differently than a violation of a substantially similar municipal ordinance. Furthermore, the severity of the offense can escalate if the controlled substance involved is of a higher schedule or if the accused has a prior record of drug crimes.

      Finally, it’s important to remember that in the prosecution of drug paraphernalia charges, each case is unique and will depend on the specific circumstances and evidence at hand. The complexities of these cases necessitate the assistance of a seasoned attorney, capable of navigating the intricacies of drug crime law and defending your rights effectively.

  • Drug Cultivation TOC

    • Although many other states are relaxing their drug use and possession laws, the cultivation laws in Ohio continue to be strict. Not only can you not grow marijuana in your home, but those with medical marijuana cards may not grow their own–it must be purchased from a licensed facility.

      The severity of charges you may inflict for marijuana cultivation in Ohio can vary greatly based on the amount grown and even the location. In fact, if the plant is grown in the vicinity of a school, the charge rises by one degree.

    • The Penalties for Growing Marijuana in Ohio Include:
      • Minor misdemeanor with $150 fine: growing less than 100 grams
      • Fourth-degree misdemeanor with up to 30 days in jail: growing more than 100 grams but less than 200 grams
      • Third-degree misdemeanor with up to 60 days in jail: growing more than 100 grams but less than 200 grams near a school
      • Fifth-degree felony with 6-12 months in prison: growing more than 200 grams but less than 1 kilogram
      • Fourth-degree felony with up to 18 months in prison: growing more than 200 grams but less than 1 kilogram near a school
      • Third-degree felony with 1-5 years in prison: growing more than 1 kilogram but less than 5 kilograms
      • Second-degree felony with 2-8 years in prison: growing more than 1 kilogram but less than 5 kilograms near a school
      • Mandatory sentence of 8 years: growing more than 20 kilograms
      • Mandatory sentence of 10 years: growing more than 20 kilograms near a school

      Keep in mind that Ohio law states that minor misdemeanor charges–or even an arrest–won’t give you a criminal record. This is just one more reason why getting your charges lowered is ideal.

      The only way to grow marijuana legally in Ohio is by obtaining a cultivating license. The Ohio Medical Marijuana Control Program explains that there are two levels that aspiring cultivators may be able to apply for: “Level I cultivators are permitted to operate an initial marijuana cultivation area up to 25,000 square feet. Level II cultivators are permitted to operate an initial marijuana cultivation area of 3,000 square feet.”

    • The short answer: no. Similar to drug cultivation, Ohio’s drug manufacturing laws are very strict. According to Ohio Revised Code § 2925.04, effective October 2018, “if the drug involved in the violation is any compound, mixture, preparation, or substance included in schedule I or II, with the exception of methamphetamine or marijuana, and if the offense was committed in the vicinity of a juvenile or…a school, illegal manufacture of drugs is a felony of the first degree…”

      If found guilty of methamphetamine manufacturing, you may be charged with a second-degree felony; if the act took place in the vicinity of a minor, a school, or on public property, the charge is upgraded to a first-degree felony. Both charges are accompanied by mandatory prison terms not less than three or five years, respectively.

    • Ohio Controlled Substance Schedules

      In order to differentiate the penalties issued for the use, possession, cultivation, or manufacturing of varying drugs, the schedule system is used. The State of Ohio Board of Pharmacy manages the list of controlled substance schedules; they have the power to add and remove drugs as well as define the assignments and penalties associated with each.

      The schedules observed in Ohio include:

      • Schedule I: High potential for abuse and no valid medical use.
      • Schedule II: High potential for abuse and some medical use.
      • Schedule III: Low to moderate potential for abuse and dependence.
      • Schedule IV: Low potential for abuse and dependence.
      • Schedule V: Lowest potential for abuse and dependence.
    • Faced With Drug Cultivation or Manufacturing Charges?

      If you have been charged with or arrested for drug cultivation or drug manufacturing in Columbus, it’s time to call Patituce & Associates, LLC. We have taken more than 200 cases to trial, and we are proud to have a reputation for getting results. No matter the criminal case you’re facing, we are ready to stand by your side.

      Contact our drug manufacturing defense attorneys today to learn more about how we can help you! Call now at (440) 771-1175.

  • Drug Crimes TOC

    • Challenging the Police & Prosecutors

      In our experience as Cleveland drug crime lawyers, we’ve found that these cases can present significant challenges. Often, our clients are young adults involved in minor drug-related crimes. Often, these are individuals who got caught by the police with a small number of drugs; other times, our clients are far more sophisticated individuals allegedly involved in the drug trade. Regardless, there are many different ways to handle a drug case. For some people, a treatment program is the best fit. For others, taking the case all the way through trial is the best option.

      In either case, we always do at least the following:

      • Obtain the search warrant used against you;
      • Obtain any video and audio involving you;
      • Obtain the name, identity, and record of any witness against you;
      • Prepare to have evidence thrown out through a suppression hearing;
      • Prepare and try the case if necessary.

      These cases can be far more complicated than simply filing the above motions and making preparations for trial. Each case is different, and we base our strategy and representation on what your case requires. Our Cleveland drug crime lawyers will challenge the evidence and make sure you are properly defended. We are not the type of attorneys who take the police, or prosecutor, at their word. We make them prove their case.

      We will fight for you by filing motions to dismiss and motions to suppress after a misdemeanor or felony drug charge. Sometimes, our Cleveland drug crime attorneys have to use creative drug possession defenses, and, if necessary, we will utilize possession and trafficking expert witnesses to testify to the examination performed on the drugs you allegedly possessed or trafficked in.

    • Ohio Drug Cases We Handle

      Our Cleveland drug crime lawyers can assist on all drug-related cases of all kinds:

      • Possession of controlled substances (2925.11)
        For example, possession of; marijuana, cocaine, prescription pills, etc.
      • Trafficking or aggravated trafficking in drugs (2925.03)
        The sale or offer to sell controlled substances.
      • Corrupting another with drugs (2925.02)
        Sharing or coercing another to use a controlled substance.
      • Illegal manufacture of drugs, illegal cultivation of marijuana or methamphetamine (2925.04)
        Growing marijuana or making meth.
      • Illegal assembly or possession of chemicals for the manufacture of drugs (2925.041)
        Making schedule I or II controlled substances or possessing at least one chemical to make illegal drugs.
      • Funding, aggravated funding of drug or marijuana trafficking (2925.05)
        Bankrolling or otherwise helping to finance the movement or trafficking of drugs.
      • Illegal administration or distribution of anabolic steroids (2925.06)
        Injecting or providing steroids to anyone or selling steroids to end-users.
      • Possession of controlled substances (2925.11)
        Purchasing or possessing a controlled substance. We consider this a “catch-all” offense.
      • Possessing drug abuse instruments (2925.12)
        Possessing any item or tool whose primary purpose is to inhale, inject, or ingest illegal drugs.
      • Permitting drug abuse (2925.13)
        Allowing someone to commit felony drug abuse on any property that you own, rent, or occupy.
      • Illegal use or possession of drug paraphernalia (2925.14)
        Possessing an item or tool that can be tied to anything related to a controlled substance.
      • Illegal use or possession of marijuana (marijuana) drug paraphernalia (2925.141)
        Drug paraphernalia possession of any item or tool that can be used to store, hold, conceal, ingest, or inhale marijuana.
      • Deception to obtain a dangerous drug (2925.22)
      • Illegal processing of drug documents (2925.23)
      • Illegal dispensing of drug samples (2925.36)
      • Counterfeit controlled substance offenses (2925.37)
      • Criminal forfeiture of property relating to felony drug abuse offense (2925.42)
    • Drug Possession & Trafficking Arrests

      It’s quite common to find that our clients are charged with more than one drug offense, such as possession and trafficking, at the same time. As former prosecutors, our Cleveland drug crime lawyers are highly skilled in defending clients charged with these offenses.

      This includes charges involving possession and trafficking of:

      • Cocaine
      • Crack cocaine
      • Marijuana
      • LSD
      • Heroin
      • Prescription pills

      Whether it’s a state or federal drug charge, we can defend you from the serious penalties associated with convictions. All drug crimes in Ohio have a mandatory driver’s license suspension of at least six months, but more importantly, certain drugs carry mandatory prison time if you have above a specified amount of drugs.

      As Cleveland drug crime defense attorneys, we understand that these are serious charges, and the punishments for drug possession and trafficking are extreme. We approach each case with the utmost seriousness and are available 24/7. In an emergency, we will make ourselves available at all hours in order to protect you from the allegations the police are making. We handle the most serious of cases, and our clients trust us when their lives are on the line.

    • Ohio Drug Trafficking Schedule (O.R.C. 2925.03)

      When prosecutors believe they can prove you sold, shipped, transported, or delivered controlled substances that were intended to then be sold to others, you will be charged with trafficking or aggravated trafficking in drugs (ORC 2925.03) in Cleveland. The state of Ohio, like the federal government, defines drugs according to a “schedule,” where Schedule I and II drugs have a high probability of abuse and little or no medical use.

      Schedule I and II drugs include:

      • Cocaine
      • Marijuana
      • Heroin
      • Opium
      • Methamphetamine (crystal meth)
      • Some painkillers

      If you are charged with trafficking Schedule I or II drugs, you will be charged with aggravated trafficking in drugs (ORC 2925.03). Penalties vary based on drug type and amount, but you are facing a felony charge. This is true of simple trafficking in drugs, as well. Penalties vary, but you’re facing a felony charge and all the problems that go with it, including jail time and a felony record. Our attorneys are former prosecutors, so we know how drug trafficking cases are built and prosecuted — and we know how to push back and protect our clients.

    • Funding of Drug or Marijuana Trafficking (O.R.C. 2925.05)

      Under ORC 2925.05, it is a crime in Cleveland to provide money or other items of value to a person with intent or knowledge that the recipient will use it to obtain any controlled substance to manufacture, cultivate, or sell drugs. The aggravated drug funding charge is applied when the substance in question is a Schedule I or II drug and is a first-degree felony. Drug funding for schedule III, IV, or V drugs is a second-degree felony. When the drug in question is marijuana, the charge is funding marijuana trafficking, a third-degree felony.

      Aside from often lengthy prison sentences, a conviction results in significant fines, a suspended driver’s license, and for licensed professionals in the state, mandatory notification of the licensing board or agency. These are charges that can destroy your career and steal your freedom.

    • Penalties & Jail Time for Ohio Drug Crime Convictions

      One thing that almost always concerns our clients about their drug charges is how much time they can get. As former prosecutors and attorneys who used to handle drug cases for the government, we can tell you that the amount of time in prison can be extensive. Some drugs, such as cocaine, heroin, and meth, have mandatory prison sentences for very low quantities (based on weight). This means that even if you have a relatively low-level felony and it is your first offense, you might have to go to prison if convicted—even if you had no prior convictions or charges. This is why it is important to hire an attorney. When dealing with larger quantities, and when firearms get involved, the amount of time can become quite significant. You could be looking at 11 years per charge on certain quantities and weights.

      If you have been charged with a drug offense in Ohio, you need to hire a Cleveland drug crime defense attorney. In many of these cases, there is mandatory prison time and the potential to be forced to forfeit valuable property. The prison time in these cases can reach decades depending on the type, quantity, and weight of the drug involved.

      The government aggressively pursues these cases with an almost unlimited supply of officers, investigators, detectives, and prosecutors. It is, therefore, in your best interests to hire the most experienced criminal lawyer that you can afford. Often, the right Cleveland drug crime attorney can be the only difference between freedom and prison.

    • Representation for Ohio Federal Drug Crimes

      Federal drug charges are different from state charges, and there are so many considerable differences that only a federal drug charges lawyer can walk you through them. At Patituce & Associates, we’re one of the few firms in Ohio that can provide aggressive, successful defense for individuals who’ve been charged with a federal drug crime.

      According to the federal sentencing guidelines, depending on the quantity of the drugs involved, you may face mandatory years, or decades, in federal prison. It is important that if you believe you are being investigated, have been charged, or have been indicted that you immediately speak with a Cleveland federal drug charges lawyer.

      Discuss your case in a free consultation with our team today when you call (440) 771-1175!

    • Federal Controlled Substance Schedule

      Typically each state has its own drug schedule, Ohio has them divided into five categories of controlled substances. Controlled substances with high risk and no accepted medical use are Schedule I drugs, while Schedule V narcotics have the lowest potential for abuse.

      Schedule I Controlled Substances

      As we mentioned before, Schedule I drugs do not have any currently accepted medical use in the country and have a high risk of abuse and addiction.

      Common examples of Schedule I narcotics include:

      • Heroin
      • Cannabis
      • LSD
      • Peyote
      • Ecstasy

      Schedule II Controlled Substances

      While Schedule II drugs have a high potential for abuse, there are still some currently accepted medical uses.

      Common examples of Schedule II narcotics include:

      • Cocaine
      • Oxycodone (e.g. OxyContin and Percocet)
      • Codeine
      • Fentanyl
      • Methamphetamine
      • Demerol
      • Vicodin
      • Ritalin
      • Adderall
      • Methadone
      • Dilaudid
      • Morphine
      • Opium
      • Medicinal cannabis

      Schedule III Controlled Substances

      Drugs in this schedule have a risk for abuse which is comparatively less than narcotics in Schedules I or II. Abuse may result in moderate to low physical dependence or high psychological dependence.

      Common examples of Schedule III drugs include:

      • Painkillers with low doses of narcotics (e.g., Tylenol with codeine, Suboxone, etc.)
      • Ketamine
      • Testosterone
      • Anabolic steroids

      Schedule IV Controlled Substances

      Drugs in Schedule IV have a low risk of abuse in comparison to Schedule III narcotics. When used in the proper manner, they have accepted medical uses.

      Common examples of Schedule IV drugs include:

      • Xanax
      • Valium
      • Ambien
      • Soma
      • Klonopin
      • Darvocet
      • Darovan
      • Tramadol
      • Ativan

      Schedule V Controlled Substances

      Drugs in Schedule V have a lower potential for abuse compared to Schedule IV narcotics. For the most part, they consist of preparations that contain low doses of specific substances.

      Common examples of Schedule V drugs include:

      • Cough medicines contacting low doses of codeine (e.g. Robitussin AC, Phenergan with codeine, etc.)
      • Lyrica
      • Motofen
      • Lomotil
      • Parepectolin
    • Federal Drug Possession Charges

      Drug possession charges, and drug charges in general, are different from other crimes in that the court will take into account a number of different factors in deciding a sentence. You should make sure that any Cleveland federal drug charge attorney that you hire has experience defending those facing drug crime charges. Defending drug charges is incredibly complicated-and if the defense lawyer does not have the experience necessary, they will not be effective for you. As former prosecutors, we have a unique insight into how the police conduct investigations, use confidential informants, use surveillance equipment, and many other facets of prosecuting drug crimes.

      As Cleveland federal drug charge attorneys, we have had an incredible amount of success defending clients from drug possession charges by challenging the strategy and techniques the police use.

    • Will My Drug Crime Case Be Held in Federal Court?

      One of the most common questions people ask is whether their case will be prosecuted in state or federal court. Many people are unaware of the circumstances necessary to try a case in federal court. While there some drug offenses could either go to state or federal court, others require federal courts to have sole jurisdiction.

      The following are several factors that determine whether or not a drug crime case is held in federal court:

      • Federal authorities made the arrest – Whether it’s the Federal Bureau of Investigation (FBI) or the Drug Enforcement Agency (DEA) if a federal law enforcement agency arrests you, your case will often be subject to federal court proceedings. These authorities conduct an investigation with more personnel and are given an extensive amount of resources compared to state police.
      • The drug crime was carried out on federal grounds – If the offense occurred on federal property, your case will be held in federal court. For instance, if a drug crime occurred within the property of a federal bank, this would be investigated by federal authorities—no matter which illegal substance or how many drugs were involved.
      • The drug crime occurred in multiple states – When a drug crime crosses state lines, the case is taken up to the federal court. If an individual purchases drugs online from someone in another state, this is considered a federal crime even though you or the dealer physically didn’t cross the state line.
      • The drug crime is of a serious nature – Whether it involves recreational use, the illegal manufacture, or traffic of drugs, the more serious the criminal offense is, the more likely the federal court will end up handling it. If you were only arrested for possession of a limited amount (if you’re not on federal property), your case will likely end up in state court.
      • State and federal authorities make a decision – In some cases, federal and state authorities will deliberate whether or not to try your case in federal court. It is possible for local police to refer a case to federal authorities.
    • Federal Drug Trafficking Charges

      Federal drug trafficking charges are often handled differently from other crimes. Not only are the investigations and prosecutions handled completely differently than a weapons charge, the federal sentencing guidelines require that the court take into account a number of different factors in deciding a sentence. You should make sure that any federal defense lawyer that you hire has experience defending people from drug charges.

      Federal defense attorneys are the best person to speak to if you have been charged with such a crime. An attorney will challenge the evidence and examine the proof if there is any. Drug trafficking cases, as stated before, are complex, and you need to speak to a lawyer in order to best protect your freedom, income, and family. Make sure the firm you choose has experience defending clients charged with trafficking in marijuana, cocaine, LSD, crack, heroin, and many other types of drugs. Then you will know you have the best you can get.

    • Defenses to Federal Drug Charges

      Our Cleveland federal drug charge attorneys can investigate your arrest and determine which defenses might apply to your case, helping you obtain the most positive outcome. While some defenses dispute evidence or testimony, others address procedural mistakes by law enforcement.

      The following are the most common defenses to federal drug crimes:

      • Violation of Fourth Amendment rights – According to the Fourth Amendment found in the U.S. Constitution, every citizen has the right to due process of law, which includes lawful search and seizure protocols before an arrest is made. If police fail to obtain your consent or a warrant signed by a judge prior to searching your vehicle or home, it is considered unlawful. Any evidence that was collected by an unlawful search could be suppressed, which could result in the dismissal of your entire case.
      • The drugs are not yours – Another common defense is saying that the drugs do not belong to you. For instance, you borrowed your friend’s car and got pulled over by the police, who performed a vehicle search and discovered drugs in the glove compartment. You or your lawyer can argue that you had no idea that the drugs were there.
      • The drugs are not what they appear to be – After the drugs are seized by law enforcement, they are sent to the crime lab for analysis. At trial, the crime lab analyst will show his/her findings to help the prosecution make its case. If the results from the crime lab determine the substances obtained at arrest are not actually illicit drugs, then your case will be dismissed.
      • The drugs were planted – Whether the police officer’s body camera footage shows him/her planting drugs, or another officer blew the whistle, evidence of planting drugs will result in the dismissal of an entire case. However, since sworn testimony by law enforcement carries significant weight at trial, this could be tough to prove.
      • Entrapment – Although law enforcement commonly orchestrates sting operations, entrapment happens when an officer or informant induces a suspect to commit a crime he/she otherwise may not have. For example, if an undercover cop or informant pressures you into buying drugs, it is deemed as entrapment.
    • Cleveland Federal Drug Lawyers Ready to Protect You

      Federal drug charges, as you are aware, carry serious consequences.

      Most of the time, the evidence defendants face in these cases consists of wiretaps, confidential informants, and undercover agents. It is important when selecting a drug crimes defense attorney to represent you that you pick a lawyer who has a significant amount of experience evaluating, and challenging, this type of evidence. As a former prosecutor, Joseph Patituce, the managing partner of Patituce & Associates, has a history of dealing with wiretaps, confidential informants, undercover agents, and many different forms of alleged drug trafficking.

    • Do Not Speak to Federal Agents. Let Our Attorneys Do It!

      A conviction in federal courts results in more severe penalties since they often deal with more serious cases. The role of a federal agent is to obtain evidence to use against you. Often, they will promise you leniency, or they will claim no charges will be filed if you cooperate with them. If you possess information or can be of some help to the investigating agents, it is important that a federal defense lawyer works on your behalf to obtain a reduction in any charges you might face if evidence really exists to indict you. By speaking with the agents, and not having a proper deal in place, you give away your biggest negotiating chip: you.

      Call (440) 771-1175 to set up a free consultation with our Cleveland drug crime lawyers.

    • Suggested Reading
  • Domestic Violence TOC

    • What Is Domestic Violence?

      Three different types of conduct committed against a family or household member constitute domestic violence under Ohio Revised Code § 2919.25.

      Domestic violence offenses under this statute include:

      • Knowingly causing or attempting to cause physical harm;
      • Recklessly causing or attempting to cause physical harm; or
      • Using threats to make a family or household member believe that they are in danger of imminent physical harm

      At Patituce & Associates, we know there are two sides to every story. Our Cleveland criminal defense attorneys are ready to listen to yours. After we have an account of the incident from your perspective, we will begin building an aggressive defense to fight your charge.

    • Family/Household Members in Ohio Domestic Violence Cases

      Under the domestic violence statute of the Ohio Revised Code, a person may be accused of domestic violence if they allegedly caused or attempted to cause harm to a family or household member.

      Family and household members are defined as the following individuals who live or lived with the alleged offender:

      • Spouse, person living as a spouse, former spouse;
      • Parent, foster parent, or child of the alleged offender;
      • Any person related by blood or marriage to the alleged offender;
      • Parent or child of the alleged offender’s spouse, a person living with them as a spouse, or a former spouse
      • A person related by blood/marriage to the alleged offender’s spouse, a person living with them as a spouse, or a former spouse
      • Another natural parent of the alleged offender’s biological child
    • Ohio Domestic Violence Penalties

      For most cases, domestic violence charges start off as a misdemeanor; however, depending on your prior history with the law, they may become a felony.

      A first offense involving a threat to use physical force is a second-degree misdemeanor punishable by:

      • 30 days in jail
      • A $250 fine

      A first offense involving physical harm or the attempt to cause harm is a first-degree misdemeanor punishable by:

      • Up to 6 months in jail
      • A fine of up to $1,000
      • Court costs
      • Up to 5 years of probation on top of the jail time

      On top of the criminal penalties that are imposed, the convicted will have several civil types of penalties. For example, they can never have possession of a firearm, cannot expunge the charge, and may be subject to a civil protection order.

      Finally, domestic violence charges escalate depending on the number of priors that the defendant has. A second, third, or fourth domestic violence can be a felony resulting in up to 8 years in prison. And if you are in the military, or are a police officer, a conviction will end your career.

      Our Cleveland domestic violence attorneys protect clients from these charges by always preparing our cases from the start as if we are going to go to trial. We understand the consequences associated with these allegations; however, many defense lawyers do not. Having an experienced lawyer by your side to defend you is critical for ensuring that you have all of the guidance and support that you need during this time. Without a reputable attorney, you may be risking your future and your reputation.

    • Restraining Orders & Domestic Violence in Ohio

      One of the unique things about a domestic violence matter is that the alleged offender can suffer sanctions before the criminal case has concluded. That is because the alleged victim–or a person working on their behalf–can seek a protection order.

      The individual seeking the order must file a petition with the court having jurisdiction over the case. Within 24 hours after receiving the request, the court will hold a hearing to determine whether to grant the order. The motion may be approved if the court feels that the alleged offender poses a risk to the alleged victim.

      The protection order will contain conditions, including:

      • Prohibiting the alleged offender from going to the alleged victim’s home, school, or place of employment
      • Ordering the alleged offender to refrain from abusing or committing any sexually oriented offenses against the alleged victim
      • Forbidding the alleged offender from taking or hiding the alleged victim’s companion animal
      • Granting possession of a shared home to the alleged victim
      • Temporarily restricting the alleged offender’s parental rights and responsibilities and allocating parenting time
      • Prohibiting the alleged offender from possessing firearms or ammunition

      The court can also issue an ex parte order of protection. This means that the alleged victim’s request may be granted without the alleged offender being in court to present their side of the story. If an ex parte order is issued, the court must hold a hearing the next day with the alleged offender present.

      A temporary domestic violence restraining order is valid until either:

      • The criminal case is complete; or
      • A permanent protection order is granted.

      When a domestic violence protection order is in place, the alleged offender must be mindful of who they communicate with, where they go, and what they do. A violation of any of the conditions is a crime.

      A first violation of a restraining order is a first-degree misdemeanor, punishable by:

      • Up to 180 days of incarceration
      • Up to $1,000 in fines

      A second or subsequent restraining order violation is a fifth-degree felony, punishable by:

      • Up to 12 months of imprisonment
      • Up to $2,500 in fines
    • Can Cleveland Domestic Violence Charges be Dropped?
      No. Since domestic violence is a crime, the victim is not the one who issued the charge and therefore doesn’t have the authority to drop the charge. Once you have been charged, the case has been taken over by the prosecutor’s office. They take all domestic violence charges seriously and ensure that the victim and the victim’s rights are protected. It is ultimately up to the prosecuting attorney assigned to your case to determine if they will proceed with the charges against you.
    • How Can A Domestic Violence Lawyer Help?

      Having an experienced lawyer by your side to protect and defend you is important for ensuring that you have all of the support and guidance that you need during this challenging time. Don’t go through a domestic violence charge on your own. Let our attorneys help protect your rights, your future, and your reputation.

      A domestic violence lawyer can help you in the following ways:

      • Providing you with objective legal guidance: Having objective legal guidance during this time is critical for ensuring that your rights and future are protected. It’s important that you know all of your legal options, and the best route to take. Any decisions that you make will directly impact your case, and your lawyer will provide you with clarity on the best way to proceed.
      • Offering you emotional support: Having an experienced lawyer by your side during this time is important for ensuring that you have all of the support and emotional reassurance that you need during this difficult time.
      • Collecting important evidence: Your lawyer will have worked with many other individuals facing a similar struggle to you. He or she will be able to collect the necessary evidence to support your case and defend you.
      • Investigating your charges: Your lawyer will thoroughly examine and investigate your charges. This is important to ensure that you have a realistic evaluation of the case prospects and that you are guided on the best route to take.
      • Protecting your future: Without a reputable lawyer by your side, you may be risking your future and your reputation. Your attorney will be by your side to guide and support you through each step of the process and help prevent you from making any costly mistakes.
      • Effectively representing you in trial: If your case gets taken to court, having a reputable lawyer to represent you is extremely important. Your lawyer will effectively negotiate your sentence and help to protect your rights and your future.
    • Can I Be Charged with Domestic Violence Without Causing Physical Harm?

      Yes, in Ohio, physical harm is not always required for a domestic violence charge. Threats of physical harm or engaging in behavior that causes someone to fear for their safety can also result in domestic violence charges. This can include verbal threats, gestures that imply harm, or actions that make a family or household member feel they are in imminent danger. Ohio law recognizes that emotional abuse and threats can be just as damaging as physical violence.

    • Can a Domestic Violence Charge Affect Child Custody in Ohio?

      Yes, domestic violence charges can have a significant impact on child custody decisions in Ohio. Courts consider the safety and well-being of the child as the highest priority when determining custody arrangements. If a parent is convicted of domestic violence, the court may limit or deny custody and visitation rights. In some cases, supervised visitation may be ordered. Even allegations of domestic violence, without a conviction, can influence custody decisions if the court believes the child’s welfare is at risk.

    • Can a Domestic Violence Conviction Affect My Gun Rights in Ohio?

      Yes, a domestic violence conviction in Ohio can have serious consequences for gun ownership. Under federal law, individuals convicted of a misdemeanor or felony domestic violence offense are prohibited from owning or possessing firearms. This restriction is permanent and applies regardless of how long ago the conviction occurred. In some cases, this prohibition may be lifted through a legal process, but it generally remains in effect unless the conviction is overturned or expunged.

    • How Do Ohio Domestic Violence Laws Handle Cases Involving Intimate Partners Who Aren’t Married?

      In Ohio, domestic violence laws apply not only to married couples but also to intimate partners who are not married. If two people are living together or have previously lived together as a couple, they are considered household members under the law, making domestic violence charges applicable. Additionally, if the individuals share a child, domestic violence laws apply even if they were never married or cohabitating. This means that Ohio’s domestic violence statutes protect a broad range of intimate relationships.

  • Coercion TOC

    • Coercion Charges & Penalties in Ohio

      Coercion is the use of threats or unlawful leverage to cause a person to take action, or fail to take action, that would be their lawful choice. Under O.R.C. 2905.12, threatening to commit a crime, expose secrets about a person, or even speak ill of them in order to influence their actions is conduct that can fall under this statute.

      According to O.R.C. 2905.12, depending on the other charges you’re facing, a coercion conviction could mean serious jail time, fines, and more. Coercion is rarely filed on its own. In fact, it is more likely to be an offense included in a larger indictment for crimes such as extortion or crimes related to organized crime rings conducting illicit business.

      On its own, Coercion is a second-degree misdemeanor with a sentence of up to 90 days, but as part of a bigger prosecutorial strategy, proving that you engaged in Coercion can lead a jury to convict you of much more serious charges. That’s why the Cleveland coercion attorneys at Patituce & Associates are committed to helping clients just like you push back against these charges and protect your legal rights.

    • The Role of Coercion in a Criminal Defense Case

      In order for a confession to be admissible in court, it must be voluntary. Coercion involves using force or the threat of force to influence a person to do something. Sometimes, police officers or others involved in the criminal justice process may pressure a defendant to take a plea deal or confess to a crime they didn’t commit. However, coercion is illegal and is a criminal offense.

      On the other hand, if you were pressured by the threat of violence to commit a crime, this also counts as coercion. The court should consider whether coercion was a substantial factor in the crime when determining your guilt. Depending on the situation, this could result in lessened or even dropped charges.

      Forced confessions will be counted as inadmissible or impeached in court. If you were pressured into confessing to a crime you didn’t commit, our legal team can work diligently to determine whether coercion may be a possible defense for your case. On the other hand, if you were coerced into committing a crime, our Cleveland criminal defense lawyers can use evidence to build your case and represent you in court.

  • Casino TOC

    • Types of Cheating & Gaming Crimes

      In Ohio, there are many different types of gaming crimes that can lead to an arrest:

      • Sliding
      • Past posting
      • Capping bets
      • Collusion
      • Dealer collusion
      • Using auxiliary devices
      • Hand mucking
      • Marked decks
      • False deals
      • False shuffles and cuts
      • Shuffling machines
      • Top hat
    • Ohio Gambling Charges Under O.R.C. 2915.05

      If you are convicted of cheating under O.R.C. 2915.05, your life will change as a result of your conviction. It is important to hire a professional defense team to protect you from criminal penalties associated with gambling charges. Often, individuals can be charged merely on the word of another participant. This might include someone who you upset during a poker tournament or someone you sat next to who lost at blackjack.

      The casino in Cleveland has thousands of cameras and monitoring equipment, but this does not mean that you are guilty of a felony simply because they say so. If you have been accused of a crime relating to gambling in the Cleveland Casino, you should call a gambling defense attorney in Cleveland at Patituce & Associates, LLC immediately. At Patituce & Associates, we pride ourselves on protecting our clients from serious allegations. Contact us at (440) 771-1175 for a no-obligation case evaluation and find out how we can help.

  • Criminal Defense

    • Types of Cases We Handle

      Our firm is well-versed in felony and misdemeanor offenses in Cleveland and across Ohio. We can help with:

      The two most common mistakes we see are when people think that they don’t need an attorney or they believe they can’t afford an attorney to represent them in their criminal case.

      Do not make one of these critical errors. When you are facing prison, jail, and the loss of your reputation, you need someone on your side.

      More importantly, you need someone who can make a difference. See how the Ohio criminal defense lawyers at Patituce & Associates can make a difference in your case by calling our office today.

    • How to Choose the Right Cleveland Criminal Defense Attorney

      First, discuss your lawyer’s approach to handling your case. No reputable attorney will guarantee results; however, they should tell you in a few, direct words how they will protect your rights.

      Our Cleveland criminal defense lawyers put you, the client, first. We don’t work for the government. We work for you.

      Depending on the nature of your case, you might worry that even the best lawyer can’t help. However, if you are facing a felony or misdemeanor, it is imperative that you contact a skilled legal representative right away.

      At Patituce & Associates, we can show you how spending just 10 minutes discussing your case with a defense lawyer can greatly improve your situation. To take the first step and fill out an online form or give us a call now.

      Better than I could have hoped.
      “I hired Mr. Patituce and his law firm after a string of unsuccessful attorneys. I wanted to go to his firm in the first place, however, I initially went with an attorney who called himself “seasoned” and who said that a lawyer with “only” four years of experience would put me in prison. The truth is that the “seasoned” attorney never returned my phone calls, never told me what was going on, and every time I saw him at court he was laughing and joking with the prosecutor. Mr. Patituce was none of that, he returned my phone calls within a day at most. Most of the time he called me back within an hour. It was the best decision of my life to hire him. I walked out the door free, rather than going to prison.”- A.M.

    • Cleveland Pre-Arrest Investigation Attorney

      When you are accused of a crime or targeted by law enforcement for a criminal investigation, you need to act right away to best protect your rights and your freedom.

      Do not sit and wait to be arrested and charged with a crime.

      When you retain our law firm for legal representation, we begin building your defense even before you face any charges.

      Before filing a criminal complaint, the district attorney’s office or the United States Attorney must compile investigative evidence that outlines why the charges against you are justified.

      If the prosecuting attorneys cannot provide compelling evidence for your charges, the case against you could fall apart.

      The goal of our criminal defense attorneys is to dismantle the opposition’s case before it even has a charge to be formally brought against you.

      During pre-arrest investigations, we may be able to challenge the supposed evidence and get the case dropped, meaning there would not even be a mark on your arrest record.

      Allow us to be your legal guides or advocates for:

      • Pre-arrest interviews
      • Responding to official written inquiries
      • Interactions with law enforcement

      Remember: you have the right to remain silent, but this does not mean it is always the best option.

      We can thoroughly analyze the situation and advise you whether you should cooperate with investigators, or remain respectfully and legally quiet about what is going on.

    • Trial Litigation: Our Winning Approach

      Everything from the time a client is charged through acquittal or sentencing falls under the umbrella term “trial litigation.”

      Our goal is to get our clients the best possible outcome. While theatrical stomping and shouting before a jury make for a great lawyer sitcom, it does not generally constitute good lawyering.

      Our Ohio criminal defense attorneys love a good fight, but the best weapon in the fight for justice is a well-researched understanding of the law, close familiarity with the facts of the case, and principled zealous representation of a client’s interests.

      A criminal case can be resolved in a couple of ways: through a plea or litigation. The first avenue involves your attorney negotiating with the prosecutor to seek a just outcome on your behalf. This process happens out of court.

      The second avenue, litigation, is when your case is heard in court, meaning it goes to trial. Your attorney and the prosecutor will present evidence before a judge or jury to support their assertions.

      While the prosecutor is trying to prove guilt beyond a reasonable doubt, your lawyer will be countering their accusations and defending your innocence.

      Although the litigation stage is what many people think about when they hear about a criminal case, most matters aren’t resolved at trial.

      The majority of cases are settled out of court through negotiations and plea deals. This is mainly because there is more personal control in talks with the prosecutor. Also, bargaining is often quicker and less costly than taking a case to trial.

    • The Process of Criminal Litigation in Ohio

      In Ohio, the criminal litigation process includes the following steps:

      • Discovery: The discovery phase is one of the most crucial steps in a criminal case. During this part of the process, both sides exchange the information they have about the matter. This allows each to learn what evidence their opponent has and begin building counterarguments.
      • Suppressing evidence: At this stage, the defense attorney may file a motion to ask the judge to have certain pieces of evidence excluded. That means the prosecutor wouldn’t be able to use it in court, which could hurt their case against the defendant. Several reasons exist in which evidence may be deemed inadmissible. For instance, in a DUI case, if the arresting officer did not have probable cause to stop the driver, any observations they made or test results could be considered invalid. Or, if law enforcement officials conducted an illegal search in a drug case, paraphernalia or substances they collected might not be allowed in court.
      • Challenging the validity or credibility of evidence: Evidence can be challenged in several ways. It may have been obtained in violation of the defendant’s constitutional rights or may be irrelevant or unfairly prejudiced.
      • Investigating to gather evidence: Both the defense and the prosecution will investigate the facts of the case. The prosecutor is seeking to get information that supports their assertions, while the defense is looking for things that will challenge the opposition’s case. The investigation stage is very involved, as numerous types of evidence can be collected. For example, attorneys may gather physical objects, surveillance footage, or witness testimony, among others.

      During the litigation phase of your case, we will demand that the government produce and provide all the evidence against you and any evidence that may be favorable to you.

      We will review the discovery in your case to determine if any of the evidence against you can be suppressed. We will discuss whether we should challenge the validity or credibility of the state’s evidence and whether we should use an investigator to gather our evidence.

    • Research & Defenses Built by Our Trial Litigation Lawyers

      If we take your case, our criminal trial attorneys will research the case law surrounding the statutes you are charged with.

      We will determine defenses that may be available to you, weaknesses in the prosecutor’s legal theory of the case, and other relevant legal issues.

      We may file motions to limit the admissibility of evidence. Every single one of these steps is crucial whether you ultimately accept a plea deal or proceed to trial.

      Your lawyer cannot coerce the best possible deal if she does not know the factual and legal strengths and weaknesses of your case.

    • Risks & Benefits of Proceeding with a Criminal Trial in Ohio

      Accepting a plea or going to trial both have pros and cons. For instance, taking a deal is advantageous in that it is less time-consuming than a trial.

      Additionally, it can mean that the defendant is convicted of a lesser charge or spends less time in jail and or prison. Plea bargains also have their disadvantages.

      The prosecutor’s case might be too weak to prove that the defendant committed the alleged offense and offers a deal that allows them to “win” the case.

      When the defendant accepts the plea, they lose out on the possibility of being acquitted of a criminal charge.

      One of the advantages of going to trial is that the defense has more time to prepare for the case and build a compelling strategy.

      Litigation also allows the defendant to seek an acquittal. However, when a case goes to trial, the defendant’s fate is decided by a judge or jury, meaning they lose the more personal control they had during negotiations.

      Your legal team will meet with you to discuss the possible risks and benefits of proceeding to trial. We will also discuss how we can mitigate the risk of trial by entering a plea.

      You will be counseled as to the possible consequences of each of your choices. This critical decision must be made by the client with our experienced advice.

      We are here to answer your questions and to ensure you understand your options.

  • Criminal Defense TOC

    • Cleveland Pre-Arrest Investigation Attorney
      #InvestigationAttorney
    • Trial Litigation: Our Winning Approach
      #TrialLitigation
    • The Process of Criminal Litigation in Ohio
      #CriminalLitigationProcess
    • Research & Defenses Built by Our Trial Litigation Lawyers
      #ResearchAndDefenses
    • Risks & Benefits of Proceeding with a Criminal Trial in Ohio
      #RisksAndBenefits
    • Types of Cases We Handle
      #CasesWeHandle
    • How to Choose the Right Cleveland Criminal Defense Attorney
      #ChooseAttorney