Posts Tagged ‘attorneys in centerville ohio’

The Montgomery County Jail (by Dayton DUI)

November 29th, 2012

The Montgomery County Jail, located at 330 W. Second St., in downtown Dayton, Ohio is a 900 bed facility serving multiple jurisdictions throughout Montgomery County including the Vandalia Municipal Court; Miamisburg Municipal Court; Kettering Municipal Court; Montgomery County Municipal Courts (Eastern and Western Divisions) and the Montgomery County Common Pleas Court.  If you are arrested for DUI/OVI in any of these jurisdictions, you may be booked into the Montgomery County Jail.  You can contact the jail at (937)225-4160 or visit the jail web site HERE.  To check whether or not someone is incarcerated in the Montgomery County Jail, you can visit HERE.

Bond may be posted 24 hours a day, 7 days a week at the Prisoner Property Room Window in the lobby of the Montgomery County Jail. Call (937) 224-8447 to check on bond amounts. The State of Ohio House Bill 1 requires a Bail Surcharge. This cost is in addition to the bond amount and court costs set by the court. This cost can be as much as $85.00 for each bond and must be paid at the time the bond is posted.

For an inmate who has received a sentence and is incarcerated, visitation is permitted.  Prisoners are permitted one (1) visit per week with a maximum of three (3) persons, including children, permitted to visit with the prisoner. The visitation week begins on Monday and runs through Sunday. A parent or legal guardian must accompany juveniles (persons under the age of eighteen.)

Regular Visitation Hours

Monday through Friday
1:00 p.m. to 3:00 p.m.
7:00 p.m. to 8:30 p.m.

Weekends & Legal Holidays
9:00 a.m. to 10:00 a.m.
1:00 p.m. to 3:00 p.m.
7:00 p.m. to 8:30 p.m.

Funds may be left for prisoner use at the automated kiosk located in the Jail Lobby 24 hours a day, 7 days a week, or mailed to the prisoner in care of the jail.  VISA, MASTERCARD, DISCOVER CARDS AND CASH WILL BE ACCEPTED — NO PERSONAL CHECKS.  Prisoners may receive letters, money orders for commissary use, and photographs, as long as the photographs are not sexually explicit or contain nudity.  To write to a prisoner use the following address:

(Prisoner’s Name)
In Care of the Montgomery County Jail
330 West Second Street
Dayton, OH 45422

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

Centerville Wins Big In Ohio Supreme Court (by DaytonDUI)

October 29th, 2012

The Ohio Supreme Court ruled in a 7 – 0 decision that Centerville may utilize a tax-increment financing plan (TIF) to assist with the development of the 268 acres known as the Dille Property, located both north and south of I-675 at Wilmington Pike. This decision ends more than five years of legal battles waged by Sugarcreek Township against the City of Centerville, and reversed an earlier ruling by the Second District Court of Appeals.

TIFs are public financing tools, established by the state of Ohio, used to make public improvements to an area to create jobs and improve local economies. When property values in the TIF area increase due to new construction, the property taxes collected on that increased value are temporarily redirected to a separate fund to pay for infrastructure improvements in that area. Sugarcreek Township has asserted that it was owed any new tax monies from the property. However, the decision, written by Justice Judith Ann Lanzinger, states that since the township may still collect their share of taxes on the unimproved property and eventually from the improved property, “…the TIF enhances rather than interferes with the Township’s ability to collect taxes.”

TIF funds may pay specifically for infrastructure improvements in the TIF area, including road widenings, utility extensions and traffic signalization upgrades.What should have been a straightforward process became entangled in court battles as Sugarcreek Township began legal proceedings against the City of Centerville. “It is unfortunate that Sugarcreek Township has tied up this development process for more than five years through litigation,” said Greg Horn, Centerville city manager. “They have spent thousands of taxpayers’ dollars. As the defendant in this case, we have been forced to do the same, however, we are pleased that the Supreme Court ruled unanimously in our favor and look forward to assisting Cornerstone Development Group in bringing quality development and economic growth to our area.”

If you or a loved one are accused of drunk driving in Centerville, Ohio, CONTACT Centerville OVI attorney Charles M. Rowland II for a free consultation at (937) 318-1DUI (318-1384), or visit www.DaytonDUI.comwww.KetteringDUI.com orwww.CentervilleDUI.com. Charles Rowland regularly appears in the Kettering Municipal Court and has worked hard to earn the experience and credentials necessary to defend your Centerville OVI case.  To learn more, check out “How to Hire a DUI Attorney.”

”This article has been adapted from a City of Centerville press release which can be found at : http://www.centervilleohio.gov/centweb/

Lawyer Up! Invoke Your Right To Remain Silent (by DaytonDUI)

October 9th, 2012


The Fifth Amendment to the U.S. Constitution provides that no person shall be compelled in any criminal case to be a witness against himself.  At trial, the prosecution can neither call the defendant as a witness, nor comment on the defendant’s failure to testify.  Whether to testify or not is exclusively the privilege of the defendant. Harris v. N.Y., 401 U.S. 222,225 (1971).  Outside the context of detention or arrest, a person has no duty to answer any questions of police at all; and if judicial compulsion is sought by the State, the person still can invoke his Fifth Amendment privilege against compulsory self-incrimination, and refuse to comply.  Only if granted immunity by the state, in a formal proceeding, from having any testimony or evidence derived from the testimony used against him, can a person be compelled to answer over an asserion of this privilege. Kastigar v. U.S., 406 U.S. 441, 462 (1972).  If police detain (or arrest) a person, they must advise him that he has a right to remain silent, and the right to an attorney, among other rights. If the detained person invokes these rights, all interrogation must cease, and nothing said by the defendant in violation of this rule can be admitted against him at trial. Miranda v. Arizona, 384 U.S. 436, 448-50, 455 (1966).

DUI & The 5th Amendment

We frequently encounter jurisdictions that conduct “interviews” with a suspect following an arrest.  These interviews are carefully crafted checklists that gather incriminating statements related to the elements of the crime and further attempt to limit mitigating factors which your attorney may later wish to assert.  The questions typically seek to establish that the suspect was “operating” the vehicle.  Officers will also ask what the person had to eat and drink, when, where and how much.  Medical issues, mental issues, eye health, and other questions seek to limit the suspect’s ability to later assert a defense to the clues of impairment noted by the officer.  Some interviews end with the ultimate question of the suspect’s sobriety, asking, “Do you feel you were impaired by alcohol” or similar questions that go to the ultimate issue in the case.  What is amazing is the number of people who willingly cooperate and answer damning questions.  Doubly amazing is that every single “interview” we have ever seen begins by telling the suspect of their right to remain silent.  Please, please, please assert your right to remain silent!

Your silence cannot be used against you, so lawyer up.  Politely tell the officer that you will only answer questions if your attorney is present.  We are so protective of this right that the prosecutor is not allowed to mention your invocation of the right to silence at all. Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed. 2d (1976);  State v. Stephens, 24 Ohio St. 2d 76, 53 Ohio Op.2d 182, 263 N.E.2d 773 (1970).  The prosecutor cannot remark about your silence in his closing, State v. Reed, 23 Ohio App.3d 119, 491 N.E.2d 723 (1st Dist. Hamilton County 1985), nor can he use it against you even if you choose to testify at trial. State v. Stephens, 24 Ohio St. 2d 76, 53 Ohio Op.2d 182, 263 N.E.2d 773 (1970).  Your attorney will file a motion in limine prior to the trial to prevent the prosecutor from addressing your silence after questioning.  However, the protection is waived if you sign a Miranda waiver form and answer the officer’s questions.  By remaining silent you give yourself an incredibly enhanced chance of winning your case.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Dayton, Springfield, Fairborn, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Beavercreek, Centerville, Lebanon, Troy, Franklin, Piqua and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI(937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to40404. DaytonDUI is also available on Facebookwww.facebook.com/daytondui and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at:CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I Do Is DUI Defense.” 

 

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