Archive for October, 2011

Alcohol Treatment Resources on the Internet

October 18th, 2011

The Journal of the American Medical Association defines alcoholism as a chronic disease that is influenced by genetic predisposition, issues of environment, and mental wellness. Over time and without treatment, alcoholism gets worse, creating fatal health consequences and psychological preoccupation with alcohol that distorts the thinking.

The World Health Organization estimates that about 140 million people throughout the world suffer from alcohol dependence.  In the United States and Western Europe, 10 to 20 percent of men and 5 to 10 percent of women at some point in their lives will meet the criteria for alcoholism. That equates to approximately 12% of American adults having had or will have an alcohol dependence problem at some time in their life.  Alcoholism takes the lives of more than 37,500 Americans each year according to the Centers for Disease Control and Prevention.

Up until the 1970s, alcohol abuse and alcohol addiction were classified as criminal acts.  According to a study published in American Journal of Drug and Alcohol Abuse, 1995 Nov;21(4):549-63, patients were often arrested for nothing more than being under the influence and held in the “drunk tanks” of county jails until they sobered up.  Today suffers have a wealth of resources unheard of in earlier generations and a supportive and understanding treatment community.  Treatment usually begins with the process of Alcohol Detoxification.

TREATMENT OPTIONS: I was recently contacted by Alexis Hernandez, Outreach coordinator for RehabInfo (http://www.rehabinfo.net).  Their site is dedicated to the following mission:

The goal of these pages is to educate users on an important and potentially dangerous process: detoxifying the body from drugs and alcohol. We are dedicated to providing comprehensive information about the detox process, treatment options and the path to full recovery. These pages are new and I’m putting in a lot of hard work on a larger campaign to help promote responsible information on addiction recovery.

Their site is a treasure trove of information on rehabilitation, alcohol detoxification, drug addiction and all things treatment related.  It is obvious that they are dedicated to saving lives and have created a great internet resource.

I have dedicated a large portion of my life supporting alcohol and drug addiction treatment.  I believe in it and I have seen first hand the amazing life-changing work done by the dedicated employees of TCN-BHS, Greene County’s Drug and Alcohol Addiction Services provider. Clients who choose to have me defend their DUI case also have a strong proponent of treatment.  Please use the following to consider treatment options if you suffer from alcoholism.  Call the offices of Charles M. Rowland II at (937) 879-9542 for immediate assistance locally, or check out the pages above for help outside of the Miami Valley.

 

Ohio Bankruptcy Filing Fees Set to Increase November 1st

October 17th, 2011

At its September 2011 session, the Judicial Conference increased the “Title 11 Administrative Fee” from $39.00 to $46.00.  Because the Administrative Fee is a component of the total fee for filing a bankruptcy petition, the total petition filing fee will increase in each chapter by $7.00 beginning November 1, 2011.  Currently, the filing fee for a Chapter 7 bankruptcy is $299.  This will increase to $306 on November 1st.  Likewise, filing fees for a Chapter 13 bankruptcy will increase from $274 to $281 beginning November 1st.  These are not huge increases in fees, but it is a fee that continues to go up, making it more expensive for anyone to file for bankruptcy.  If you need to file bankruptcy, it is worth your time to visit with a bankruptcy lawyer in the month of October before the new fees take effect.  At the law office of Zach Bushatz consultations are always free.  Give me a call at 937-879-9542, I would be happy to meet with you and go over your financial situation and determine what the best option is for you and your family.  

 

ABOUT DAYTON BANKRUPTCY ATTORNEY ZACHARY BUSHATZ: Zachary Bushatz was raised in Marion, Ohio. He graduated from Ohio Northern University with a triple major in History, Political Science and Criminal Justice, magna cum laude. While in undergrad, Mr. Bushatz received the Walter Pengry Rogers Award for outstanding academic achievement. Mr. Bushatz was also a four year member of the Ohio Northern Mock Trial Team, on which he won numerous awards including Best Attorney and Best Witness. Mr. Bushatz attended Ohio Northern University Pettit College of Law on the Dean’s Merit Scholarship. While in law school, Mr. Bushatz was a member of Moot Court. During his second year of law school he was a team member of the New York Bar Association Traveling Team. Mr. Bushatz was an Associate Justice on the Moot Court Executive Board his third year. While in law school, Mr. Bushatz also worked extensively in the area of bankruptcy. He was a legal extern for bankruptcy Judge Richard Speer at the Northern District of Ohio in Toledo. He also worked for a chapter 7 trustee and an attorney that focused on representation of debtors.

 

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Liespotting (from Ted Talks)

October 16th, 2011

On any given day we’re lied to from 10 to 200 times, and the clues to detect those lie can be subtle and counter-intuitive. Pamela Meyer, author of Liespotting, shows the manners and “hotspots” used by those trained to recognize deception — and she argues honesty is a value worth preserving.

Montgomery County Courts (An Overview)

October 15th, 2011
Old county courthouse, an example of Greek rev...

If you are arrested for DUI in Montgomery County, Ohio, your case will be heard in one of the courts below.

Montgomery County Court of Common Pleas.  This court hears all felony level cases including aggravated vehicular homicide, aggravated vehicular assault and felony-enhanced DUI offenses.  The Court is located in the Montgomery County Courts Building at 41 N. Perry Street in downtown Dayton.  The Judges who serve the Montgomery County Court of Common Please are: Dennis AdkinsSteven DankofBarbara P. Gorman (Administrative and Presiding Judge), Mary Katherine HuffmanDennis J. LangerFrances E. McGeeTimothy N. O’ConnellConnie S. PriceGregory F. SingerMichael L. Tucker, and Mary Wiseman.  You can contact the Montgomery County Clerk of Courts, Monday through Friday 8:30 AM – 4:30 PM, Criminal Division: Room 104, (937) 225-4536, Fax: (937) 496-7581.  The Montgomery County Sheriff’s Department is located at 345 W. Second St., P.O. Box 972, Dayton, Ohio 45422, (937) 225-4357.  The Montgomery County Jail is located at 330 W. Second St., Dayton, Ohio 45422 and can be reached at (937)225-4160.  For more useful information on Montgomery County, Ohio please visit the Government Web Site.

O.V.U.A.C. (Operating a vehicle after underage consumption) and Juvenile OVI offenses are heard in the Montgomery County Juvenile Court located at the Juvenile Justice Center, 380 W. Second St., Dayton, Ohio 45422.  The court can be reached at the following departments: Court Administration: (937) 225-4267, Clerk’s Office: (937) 225-4198 – (937) 225-4199, Ancillary Services/Legal: (937) 225-4250, Detention Services: (937) 496-7324, Intervention Center: (937) 225-4141 or (937) 496-6559.  The Judges who serve the Montgomery County Juvenile Court are the Honorable Nick Kuntz and the Honroable Anthony Capizzi.

Montgomery County Court. On September 8, 2010, Montgomery County Area One and Area Two Courts officially became the Montgomery County Municipal Court.  There will be two divisions of the Montgomery County Municipal Court, a Western Division located in New Lebanon at 195 S. Clayton Rd., New Lebanon, Ohio 45345, and an Eastern Division located in Huber Heights at 6111 Taylorsville Rd., Huber Heights, Ohio 45424.   Many people refer to the Montgomery County Municipal Court (Eastern Division) as the Huber Heights Municipal Court, but the court’s jurisdiction is larger, covering regions in north-east Montgomery County including the city of Riverside, Ohio.  The Judges serving the Montgomery County Municipal Court (Eastern Division) are the Honorable James D. Piergies and the Honorable James A Hensley.  You can reach the Eastern Division by telephone at (937) 496-7231.  The Montgomery County Municipal Court (Western Division) serves the cities of Trotwood and Brookville, the villages of New Lebanon, Phillipsburg, Farmersville and Verona, and townships including Clay Township, Jackson Township, Jefferson Township and Perry Township.  This court is served by Judges James L Manning and Adele Riley.  You can reach the Montgomery County Municipal Court (Western Division) at (937) 687-9099.

If you are arrested for drunk driving in the City of Dayton, your misdemeanor DUI case will be heard in the Dayton Municipal Court.  The Dayton Municipal Court is located at 301 West Third Street Dayton, Ohio 45402.  You can visit the Dayton Municipal Court’s website at:www.DaytonMunicipalCourt.org. Office hours for the Clerk of Court are 8:00am to 4:30pm, Monday through Friday, excluding holidays, for the acceptance of case filings and payments. Parking, Traffic and Criminal payments can also be paid online at www.PayMyFine.org.  A full list of contact numbers is available on the Court’s website and the Clerk can be reached at (937) 333-4300.  Five full-time elected judges, selected on a nonpartisan ballot to serve for a six-year term, serve the Dayton Municipal Court.  Currently the serving judges are: The Honorable Chris Roberts, The Honorable John S. Pickrel, The Honorable Daniel Gehres, The Honorable Carl S. Henderson and The Honorable Dierdre Logan. Two full-time Magistrates who hear certain civil cases, small claims cases, eviction procedures and initial appearances for defendants summoned in for arraignment also serve the court. They also preside over traffic and criminal cases.  The jurisdiction of the Court includes everything within the boundaries of the City of Dayton. The court has jurisdiction over a violation of any ordinance of the City of Dayton; any state of Ohio statutory misdemeanor or traffic violation committed in Dayton; and jurisdiction to preside over preliminary hearings for felony cases that occur in the City of Dayton.

If you are arrested on suspicion of  OVI (drunk driving) inCentervilleKetteringMoraine or Washington Township, your DUI case will be heard in the Kettering Municipal Court.   The Honorable Thomas Hannah and the Honorable Robert Moore serves as judges of the Kettering Municipal Court.  The Kettering Municipal Court, located at 2325 Wilmington Pike, Kettering, Ohio 45420 serves a population of over 117,000.  The court is open Monday through Friday, 8:30 am — 4:30 pm and can be reached at (937) 296-2461.  If you are arrested in Moraine, Ohio, your OVI case may be handled in the Moraine Mayor’s Court which is located at 4200 Dryden Road, Moraine, Ohio 45439.  Your attorney will meet with a prosecuting attorney who represents the city at the Moraine City Building, 4200 Dryden Rd., Moraine, Ohio 45439, for purposes of plea negotiations.  If yourMoraine OVI case requires a motion to suppress, or if you request that the matter be set for trial, your case will be transferred to the Kettering Municipal Court for adjudication pursuant to Ohio law.

Vandalia Municipal Courts jurisdiction serves approximately 83.5 square miles, which includes the Cities of Vandalia, Englewood, Clayton, Union and the Townships of Harrison and Butler, located in the Montgomery County, Ohio.  The Court is located on the 2nd floor of the Justice Center at 245 James E. Bohanan Memorial Drive, Vandalia, Ohio. The Court operates Monday through Friday, 8:00 a.m. to 4:00 p.m.  The honorable Cynthia M. Heck is the elected judge of the Vandalia Municipal Court and will preside over your case.  You may also appear before the Vandalia Municipal Court Magistrates: Bonnie Beaman Rice and Fred M. Izenson.  Listed below is some very helpful links to the Vandalia Municipal Court.  To visit the Vandalia Municipal Court’s useful and informative website, please click HERE.  For Court Contact Information visit HERE.  Court Rules are located HERE.  You can make a payment to the court HERE.  Look up Public Records (Case Look-up) HERE.  Learn more about the Court’s Probation Department HERE.  Access Court Forms HERE.

If you are arrested on suspicion of OVI (drunk driving) in MiamisburgWest Carrollton,GermantownGerman Township or Miami Township, your misdemeanor DUI case will be heard in the Miamisburg Municipal Court.  The Honorable Robert E. Messham, Jr. has presided over the Miamisburg Municipal Court since 1989. John F. Kolberg serves as the Court’s Magistrate.  The Miamisburg Municipal Court, located at 10 N. First Street, Miamisburg, Ohio 45342, serves a population of over 80,000 and handles in excess of 15,000 cases per year.  The court is open Monday through Friday, 8:00 am — 4:00 pm and can be reached at (937) 866-2203.  The Miamisburg Municipal Court has a very good web site that you can access at www.miamisburgcourts.com.  Follow the links below to utilize popular aspects of the Court’s site: Clerk of CourtsCase Look-UpMap & DirectionsLocal RulesPay On-Line.

Oakwood, Ohio is served by the Oakwood Municipal Court (click HERE for link to the Court).  The Oakwood Municipal Court hears all misdemeanor cases, arraignments and traffic violations, as well as preliminary hearings on felony cases. The court also hears small claims and civil cases.  Most cases are heard on Thursday mornings beginning at 8:30 a.m., and trials are usually held on Friday.  If you are arrested for OVI in Oakwood, you will appear in the Oakwood Municipal Court, 30 Park Avenue , in Oakwood’s Municipal Building.  Hearings and trials are held in the same chamber wherein the council meetings are held.  Questions about the court should be directed to the Clerk of the Oakwood Municipal Court at 293-3058.  The Clerk of Courts Office is open 8-5 Monday through Friday.

Established in 1803, the United States District Court for the Southern District of Ohio handles over 400 criminal cases a year in 48 of Ohio’s 88 counties.  The court has an eastern division, located in Columbus and two western divisions located in Dayton and Cincinnati.  If you are arrested for a federal DUI offense in Champaign, Clark, Greene, Darke, Miami, Montgomery, Preble or Shelby counties you will appear in Dayton’s Federal Building, 200 W. Second St., Dayton, Ohio 45402.  You can contact the Court at (937)512-1400 Monday through Friday from 9:00 a.m. until 4:00 p.m.  An Ohio DUI lawyer experienced in federal dui laws and drunk driving cases can explain the difference between state and federal prosecutions, and the potential penalties of each.  If you are arrested for DUI on Wright-Patterson Air Force Base, the court will apply Ohio law in adjudicating your case via the Assimilative Crimes Act.  Generally, you will face the same harsh penalties for a federal DUI as you would under Ohio DUI law.

Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  Immediate help is available by filling out the CONTACT form on any of these pages.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter at www.Twitter.com/DaytonDUI or Get Twitterupdates via SMS by texting follow DaytonDUI to 40404. DaytonDUI is also available on Facebook and you can access updates by becoming a fan of Dayton DUI/OVI Defense.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

What Should I Wear To Court?

October 14th, 2011
A pair of circular-head court shoes / pumps in...

When you appear in court, you are being judged.  Everything about you is open to scrutiny by people who have power over your life.  As such, your appearance in court should be designed to aid in your defense.  By knowing your audience, you can be prepared to blunt a harsh or dismissive attitude and win your case.  Here are some common-sense dos and don’ts for dressing for court.

DO wear conservative clothing that won’t make you stand out or draw attention to yourself.  Take out visible piercings and cover your ink (if possible).  Sleeves and collars are preferable and your shirt should not have writing of any type on it.

DON’T wear clothing that makes you appear young or identifies you as a fashion plate.  Baseball caps, sleeveless shirts or provocative clothing has an effect on your audience. You may be unconsciously sending the message that you do not respect the court environment.  Worse yet, you are telling everyone that you are different from them.

DO dress like you are going to church or a company outing.  Business casual usually means no jeans and no sneakers.

DON’T wear dirty clothes, clothes with holes, revealing clothes, clothes that smell like cigarettes or pot,  halter tops or shorts.  You may have a really cool belly button and look great in a thong, but the Judge should not be able to make that determination.

DO shower, shave and brush your teeth.

DON’T use a lot of hair product and don’t wear a lot of bling. It is hard to argue for a payment plan if you have on a giant diamond-encrusted gold dollar sign necklace.

DO wear shoes.

DON’T wear shoes that show your toes.  Flip-flops, nasty sneakers and high-heeled shoes have their place, but the courtroom is not it.

DO know where your are supposed to be and when you are supposed to be there.  Your attorney should be able to tell you what Judge you have and when you should arrive.  It is always better to be early rather than late.

DON’T bring your super-loud cell phone with its amazingly inappropriate ringtone to court.  You will be required to pass through a metal detector so leave the guns and knives at home.  You are also subject to search while in the courthouse.

DO know what is likely to happen in court.  Your attorney is your guide throughout the court process. He or she should prepare you for everything (good and bad) that may happen.  So many problems can be resolved by having a short conversation before you walk into court.

DON’T laugh, joke or make light of your predicament.  The fastest way to have things go REALLY bad is to be rude to the court staff.  Everything you do is either on video or subject to being reported to the judge so act accordingly.

Do be patient. Often the judge is meeting with multiple attorneys and/or resolving issues before he or she hits the courtroom.  You are not being disrespected by being forced to wait.

DON’T talk loudly on your cell phone. Don’t blog, tweet or post on facebook about your court appearance (especially if it’s negative).

DO be prepared.

DON’T let them see you sweat. Remain calm and patient knowing that you and your attorney are prepared for whatever may come.

At Brown, Rowland, Babb & Campbell we pride ourselves on the relationships we build with our clients.  From a returned phone call to taking the time to tell you what to expect when you go to court, we dedicate ourselves to providing the most client-friendly service of any firm you will ever encounter.  Most of our attorney have 24 hour telephone numbers and most of our staff has the experience to get you answers right away.  You are going through a traumatic experience and we are here to help you through it.  Call us at (937)879-9542 and start getting the service you deserve.  For more information on the court process, please visit www.ohioDUIblog.com and visit the Court Process section of the blog. You can also visit www.DaytonDUI.com for more information on attorney Charles M. Rowland II