Tag: criminal defense attorney

4th Amendment

Ohio Law Offers More Protection Than The 4th Amendment (Sometimes)

00Ohio Criminal LawTags: , , ,

Did you know that, in certain circumstances Ohio law affords greater protection to its citizens than the 4th Amendment to the United States Constitution. Here is an example.

In State v. Brown, 99 Ohio St.3d 323, 2003-Ohio-3931, 792 N.E.2d 175, officers arrested Dali Jacques Brown, a suspected drug dealer, for jaywalking, a minor misdemeanor, and a search incident to the arrest revealed that Brown had crack cocaine. Id. at ¶ 1-3. The state indicted him for possession of a controlled substance. The trial court, however, suppressed the drug evidence because the officers lacked statutory authority to make an arrest for a minor misdemeanor pursuant to R.C. 2935.26, and therefore the search incident to the arrest was unreasonable for purposes of Article I, Section 14 of the Ohio Constitution. Id. at ¶ 3.

{¶ 20} The court of appeals affirmed the suppression of the evidence, and the Ohio Supreme Court accepted the state’s discretionary appeal to consider “whether an arrest for a minor misdemeanor violates the Fourth Amendment of the United States Constitution and Section 14, Article I of the Ohio Constitution” in light of the United States Supreme Court’s decision in Atwater v. Lago Vista, 532 U.S. 318, 121 S.Ct. 1536, 149 L.Ed.2d 549 (2001). Id. at ¶ 5-7. Atwater had held that the Fourth Amendment does not forbid a warrantless arrest for a minor criminal offense, such as a minor misdemeanor seat belt violation punishable only by a fine.

{¶ 21} The Supreme Court recognized that the warrantless arrest for a minor misdemeanor did not violate the Fourth Amendment, Brown at ¶ 20-21, but we determined that “Section 14, Article I of the Ohio Constitution provides greater protection than the Fourth Amendment to the United States Constitution against warrantless arrests for minor misdemeanors,” id. at ¶ 22. In reaching that conclusion, they reaffirmed the application of the balancing test set forth in State v. Jones, 88 Ohio St.3d 430, 727 N.E.2d 886 (2000), to ascertain whether a search or seizure is reasonable by weighing the competing interests involved and considering the extent of the officer’s intrusion on an individual’s liberty and privacy against the need to promote legitimate governmental interests. Brown at ¶ 17-19, 22; Jones at 437.

{¶ 22} They concluded that “Brown was arrested for a minor misdemeanor offense when none of the R.C. 2935.26 exceptions were applicable, and thus, the arrest violated Section 14, Article I of the Ohio Constitution.” Brown, 99 Ohio St.3d 323, 2003-Ohio-3931, 792 N.E.2d 175, at ¶ 25. Accordingly, they upheld the suppression of the evidence discovered. Id.

{¶ 23} Article I, Section 14 of the Ohio Constitution affords greater protection than the Fourth Amendment against searches and seizures conducted by members of law enforcement who lack authority to make an arrest. Therefore, a traffic stop for a minor misdemeanor offense made by a township police officer without statutory authority to do so violates Article I, Section 14 of the Ohio Constitution.

If you are arrested on suspicion of committing a crime, make sure that the officer had authority to actually make the arrest. If you need an experienced criminal defense attorney, contact Babb & Rowland, at (937) 318-1384.

Changes To Drug Schedule Affect Hydrocodone

00DUI, Drugs & Driving, Ohio Criminal LawTags: , , , , , , , , , , , ,

Drug Schedules Changing For Some Hydrocodone Combos

On October 6th the DEA rule switching”hydrocodone combination products” like Lortab and Vicodin from schedule III to schedule II came into effect.  The rule was passed to curb abuse and encourage patients and prescribers to consider alternative ways to deal with pain.  Previously, these drugs were regulated as Schedule III drugs. drug schedule

Common hydrocodone combinations are used as pain relievers, cough suppressants and enhance the benefits of other drugs like acetaminophen or cough/cold medicines.  We are familiar with the brand names like Vicodin, Lortab or Tussionex.  As schedule III drugs, a prescriber could write up to 5 refills in a period of 6 months, and refills can be called in or faxed to the pharmacist.

Now that these medications are labeled as  Drug Schedule II, a written prescription is required.  No refills will be allowed so patients will be required to visit their doctor (and incur costs) to get a new prescription. Pharmacists will have special forms, protocols, and pharmacy storage regulations to initiate, as well.  Schedule III drugs do not require a locked safe in the pharmacy.

Drug Schedule Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog

Email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

For more information on drug schedule issues check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXenia,  Huber HeightsOakwoodBeavercreekCenterville

For more on this topic, please check out this Drug Schedule Article at Drugs.com:

http://www.drugs.com/news/rescheduling-hydrocodone-combo-prescriptions-today-refills-become-more-difficult-53413.html?utm_source=facebook&utm_medium=micro-blog&utm_campaign=DrugscomFB

Top Ten Rules for Partying in Ohio

00DUI & College, DUI Under 21/Juvenile, Ohio Criminal Law, Physical ControlTags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

In light of the arrest made following the University of Dayton’s victory, we offer college students these rules for partying (legally) in Ohio.

Rule #1: Don’t Drink and Drive

Ohio has some of the most stringent drunk driving laws in the county.  A first-time offender faces 180 days in jail and a one thousand seventy-five dollar fine, loss of their driver’s license for up to three years and enhanced penalties upon subsequent convictions.  A DUI (called an OVI in Ohio) is not subject to expungement, meaning it will be on your record forever, and subjects an offender to a six (6) year look-back period for enhancements and up to twenty (20) years for enhanced punishments for refusing an officer’s request to provide a breath, blood or urine sample.  In addition to the penalties you will face in court, you may face suspension from your school or other discipline. (Ohio Revised Code 4511.19)

Rule #2: Don’t Drink If You Are Under 21

It is illegal in Ohio for anyone under 21 to purchase, possess or consume an alcoholic beverage.  A conviction of Underage Consumption is a first degree misdemeanor and carries a maximum fine of $1,000.00 and/or up to six months in jail.  Despite efforts to lower the drinking age, the law remains rigidly enforced.  Athletes, students on scholarship and students who live in on-campus housing may face additional harsh penalties for underage drinking and be particularly vulnerable to the penalties that are sure to follow an arrest.  Ohio Revised Code Section 4301.69 contains most of the information concerning underage alcohol possession and use. Penalties are in Ohio Revised Code Section 4301.99.

Rule #3: Don’t Furnish Alcohol to Minors

Furnishing someone under 21 with alcohol is a first degree misdemeanor.  If you are providing the alcohol, make sure you know where it is going.  You may be responsible if an underage person consumes the alcohol and face harsh punishments.  Ohio regularly receives funding for programs aimed at curbing underage drinking and uses these funds to go after people providing the booze.  The bigger your party the more likely it is to draw attention from law enforcement.

Rule #4: Don’t Use a Fake ID

Just possessing  a fake ID is illegal in Ohio and is classified as a first degree misdemeanor.  Using the fake ID to purchase alcohol is punished by a mandatory $250.00 fine and may result in a 3 year driver’s license suspension.  A popular enforcement method is for police officers to serve as vendors in drive-through establishments:  “COPS IN SHOPS”

Rule #5: Don’t Drink Where You Shouldn’t

Ohio has an open container law.  It is a minor misdemeanor to possess in public an open container of an alcoholic beverage.  You are subject to a fine of up to $150.00 (a minor misdemeanor).  Possession of alcohol while in a car bumps the charge up to a fourth degree misdemeanor and subjects the offender to 30 days in jail. 4301.62 Opened container of beer or intoxicating liquor prohibited at certain premises.

Rule #6: Don’t Be Drunk In or Near a Car

Pursuant to Ohio Revised Code 4511.194 (effective Jan. 1, 2005), it is illegal to be in physical control of a vehicle while under the influence. “Physical Control” is defined as being in the driver’s seat of a car and having possession of the vehicle’s keys.  Physical Control does not require that the vehicle have ever been driven or even started.  Under the statute, having the keys within reach will satisfy the definition of having “physical control.”   The crime is one of potentiality, (i.e. you are so close to driving that we will punish you) and speaks to the growing neo-prohibitionist tendencies in Ohio law.

Rule #7:  Don’t Be Disorderly

Disorderly conduct can occur from simply being intoxicated in public.  Officers are given a great deal of discretion in determining what constitutes disorderly behavior.  Disorderly conduct occurs when one recklessly causes inconvenience, annoyance or alarm to another due to offensive conduct. Disorderly conduct also occurs when one makes unreasonable noise in such a manner as to violate the peace and quiet of the neighborhood or to be detrimental to the life and health of any individual.  While normally a minor misdemeanor ($150.00 fine) a disorderly conduct can be enhanced to a fourth degree misdemeanor (30 days jail/$250 fine) if an officer tells you to stop the behavior and you persist. See O.R.C. 2917.11 Disorderly Conduct.

Rule #8: Don’t burn stuff

Intentionally setting fire to property that might endanger other or their property, in fact damages the property of another and/or preventing police, fire or EMS personnel from doing their job is a violation of O.R.C. 2909.01 to 2909.0.  Students at public universities in Ohio who are found guilty of these crimes will lose all state-funded financial aid for two years.

Rule #9: Disperse When Instructed

Failure to disperse is also a crime in Ohio.  You should begin walking away and/or go indoors upon such an order. You must obey all lawful orders given by such persons at an emergency site.  A recent revision in the law makes a failure to disperse in situations such as campus area riots an offense for which you can be arrested and jailed. If you actively hamper police officers, firefighters, emergency medical personnel, and other public officials while they are doing their jobs you subject yourself to the charge of Misconduct During An Emergency.

Rule #10 Don’t Riot

The party is getting out of control.  If more than five people are engaging in disorderly behavior the party may be deemed a riot under Ohio law.  Your participation in a riot may subject you to criminal penalties. If there is violence involved the rioting gets bumped up to aggravated rioting.  Aggravated rioting is a felony level offense.  Those found guilty of rioting and aggravated rioting must be dismissed from their university and are not permitted to enroll in any state-supported institution of higher education for one year.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Beavercreek, 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 to 40404. DaytonDUI is also available on Facebook, www.facebook.com/daytondui and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.comor write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

DUI & Drug Trafficking Cases In Ohio

00DUI, Drugs & Driving, Ohio Criminal LawTags: , , , , , , , , , , , , , , , ,

drug traffickingMore and more, we are seeing an increase in drug trafficking cases.  The Ohio State Highway Patrol has become much more aggressive in using a traffic stop as a pretense to do an extensive search for illegal drugs.  These stops frequently turn a minor traffic violation case into a trafficking, distribution or possession of drugs case.  We expect more of these cases as the Ohio State Highway Patrol begins implementation of the Drug Recognition Expert protocol.

The analysis of a drug trafficking case is very similar to the approach we take to an impaired driving case.  What that means is that we deconstruct each and every decision that the officer makes.  Was there proper justification for the traffic stop? Did the officer have reasonable and articulable suspicion to continue the detention to conduct a drug trafficking or possession investigation?  Did the officer conduct an illegal search of your person and/or vehicle? Did the officer’s actions, based on a totality of the circumstances, establish probable cause for a drug trafficking arrest?  Was the evidence handled or tested properly?  Can the government establish a proper chain of custody for the evidence?  Our mission is to get your case thrown out! We act aggressively to keep you out of jail, keep your fines low and protect your freedom.

We have a great track record of defending drug trafficking, distribution, possession and other drug charges.  We know how to seek treatment in lieu of conviction and how to minimize penalties. We also have a track record consistent with fighting these charges.  For the past five years we have been the chosen team to represent Miami Valley N.O.R.M.L.  We speak, we advocate and we defend.

If you are facing a drug trafficking charge in the Miami Valley, call Charles M. Rowland II for a free consultation at (937) 318-1384.  If you need assistance after hours, please call the 24-7 Hotline at (937) 776-2671.

Ohio’s Underage Drinking Law (Party Smart)

00DUI & College, DUI Under 21/Juvenile, Ohio Criminal LawTags: , , , , , , , , , , , , , , , , , , , ,

underage drinking lawOhio’s Underage Drinking Law (also known as Underage Possession, Minor in Possession, Underage Consumption) prohibits anyone under the age of 21 from purchasing, possessing or consuming alcohol prior to your 21st birthday.  A violation of this law is a first degree misdemeanor which can subject you to a maximum six month jail sentence and a maximum $1,000 fine.

  • Is this unfair? Yes
  • Is this hypocritical? Yes
  • Is this bad public policy? Yes
  • Would I like to see it changed? Yes

You may also violate Ohio’s Underage Drinking Law by being the host.  A social host or home owner risks being fined and imprisoned when he/she furnishes alcohol to a person who is not 21 years of age.  You may not know the people at your party, but that does not matter to the police.  The bigger the party the more likely police will be called and the greater the chance of getting caught and/or charged.

Everyone you know, including the police officer enforcing the underage drinking law may disagree with it, but that does not change the fact that you face life-altering penalties if you get convicted of this offense.  Under some (most?) college codes of conduct, merely being charged with violating the underage drinking law may subject you to penalties ranging from residential penalties and university penalties to loss of scholarship or dismissal from your college athletic team.  In addition, spending time in jail is humiliating and terrifying.  There are long-term penalties to consider.  In today’s world you will also see your picture of your mug shot on the internet.  What’s worse than that?  Seeing the same mug shot sitting on the desk of the person interviewing you for your first job.

Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

 Find information on Underage Drinking Law and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville