Archive for June 17th, 2010

Ohio Prison Information via the Ohio Department of Corrections

June 17th, 2010
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If you want to find someone who is currently incarcerated in the Ohio prison system, please go to the “OFFENDER SEARCH” page of the Ohio Department of Corrections.  If you need information on the institutions within the Ohio Department of Corrections you can visit an “INTERACTIVE MAP” of each and every Ohio prison.  The Department of Rehabilitation and Correction currently has 31 institutions confining approximately 51,000 inmates. Four of those institutions house female inmates — the Ohio Reformatory for Women, the Franklin Pre-Release Center, the Northeast Pre-Release Center, and the Trumbull Correctional Camp. The Corrections Medical Center serves as a medical hospital for both genders. The Oakwood Correctional Facility houses both male and female inmates in need of intensive psychiatric treatment. The remaining institutions house male inmates of varying security levels. Ohio’s first “supermax” prison, the Ohio State Penitentiary, opened in Youngstown in April, 1998. Ohio also has two boot camps, one for each gender, aimed at young, first-time, non-violent offenders.

The State of Ohio also has two privately-operated prisons: The North Coast Correctional Treatment Facility in Grafton and theLake Erie Correctional Institution in Conneaut.  Below are links to each of the individual institutions within the system.

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Blood Test Evidence and Your Expert Witness

June 17th, 2010

Do Not Open the Door

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In City of Mt. Vernon v. Stegall (5th Dist.) 2009-Ohio-119, 2009 Ohio App. LEXIS 95, the Fifth District Court of Appeals allowed the prosecutor to present evidence of a blood test that was taken outside of the three-hour time limit to rebut the testimony of the defendant’s own witness who opened the door by testifying as to the blood alcohol test results.  The testimony allowed was presented by an officer who did not perform the test.

If you find yourself arrested for OVI in Ohio, contact Charles M. Rowland II who has the trial experience necessary to defend your OVI charge.  Charles M. Rowland II has experienced challenging blood evidence and winning.  Contact Dayton OVI attorney Charles Rowland today at 937-318-1DUI (318-1384) or 24/7 at 937-776-2671.

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Physical Control and Prior Convictions

June 17th, 2010

Can a Prior Conviction for Physical Control Enhance an OVI charge?

In State v. Justus (8th Dist.), 2009-Ohio-137, the Eight District Court of Appeals held that the defendant’s conviction of fourth degree felony OVI, enhanced by a prior physical control violation cannot stand because previous case law defined physical control as not an equivalent offense to OVI under the 2004 law.  Physical control is less than operation and may not be used to enhance a current OVI charge.

PRACTICE POINT: The fact that the prior may not be used to enhance OVI does not mean that it will go unnoticed by a prosecutor in plea negotiations, nor does it mean that a judge has to ignore the prior in fashioning a sentence.  Prior alcohol convictions, of any type are often important to Ohio judges.  The prepared attorney will take steps to mitigate the prior conviction.