Tag: Criminal law

criminal defense

This Constitution Day, Let’s Restore Faith In The Criminal Justice System

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The criminal law is precariously balanced between protecting our safety and preserving our freedoms. Good lawyers and good police officers work as adversaries, but in concert, to advocate for the system to be the best it can be. The current climate of “us versus them” is too prevalent in the system and has the potential for disastrous societal ramifications.

Policy-makers have imposed agenda driven outside influences on the criminal justice system that make balance hard, if not impossible. When this happens we have decade long imbalance that results in citizens distrusting the system. The “War on Drugs” and Prohibition are examples of outside policies dictating an imbalance resulting in loss of freedoms, mass incarceration and some (justifiable or not) distrust of the police.

We will never find justice in our justice system until we bring everyone together to reach a consensus on what is a proper balance. Meaningful participation in this process will make the Black Lives Matter and Police Lives Matter duality an anachronism. If you care about the system, the only patriotic thing to do is to focus on solutions. Let’s work together to restore faith in the criminal justice system and the Constitution.

Happy Constitution Day from Dayton’s Criminal Defense Team at Babb & Rowland

Drunk And Disorderly, A Definition

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drunk and disorderlyDrunk and Disorderly! The crime of disorderly conduct while intoxicated is a violation of O.R.C. 2917.11.  The crime of disorderly conduct is also know, and often charged, as public intoxication.  This broadly defined crime can be charged as a minor misdemeanor carrying a maximum fine of $150.00 and no jail time or as a 4th degree misdemeanor carrying a maximum punishment of 30 days in jail and a $250.00 fine.  Disorderly conduct while intoxicated can be defined as anyone who is voluntarily intoxicated and engages in one of the circumstances described below:

  • In public or in front of two other people, behaves in a manner that would be offensive or causes an inconvenience, irritation, or state of alarm that the person would have otherwise been aware of had they not been under the influence of alcohol;
  • Behaves in a way or creates a condition that poses a potential risk of harm or is dangerous to another person or property.

As with other criminal offenses, a conviction could lead to additional consequences.  You don’t want to have a drunk and disorderly on your record. You may have to explain the conviction to potential employers or licensing boards.  Worse yet, you may have a conviction for disorderly conduct brought up in contested custody proceedings involving a vindictive spouse.  Whatever the circumstances, criminal charges can be an overwhelming and frightening experience. You are justifiably concerned about your freedoms and privileges being at stake and have a lot of questions. We can help.  Former prosecutor Charles M. Rowland II has been representing the accused since 1995.  He has the experience and the credentials to win your case.  Call Charles Rowland today at (937) 318-1384 or 1-888-769-5263 (888-ROWLAND).

Charles M. Rowland II dedicates his practice to defending the accused drugged 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 criminal 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 emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

 Find city-specific Ohio information on the charge of drunk and disorderly at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Keywords in this article: Drunk and disorderly conduct in Ohio , disorderly conduct, Public intoxication


Can A Defendant Waive A Jury Trial In Ohio? (by DaytonDUI)

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Controversial Jury Bill Dies In Committee

Xenia Jury BoxOhio is one of 21 states that give the power to decide whether or not to have a jury trial solely to the defendant.  Thus, a defendant can, at any point, decide against a jury trial and opt for a trial only to the judge.  This is often done in serious OVI cases wherein a technical or scientific point is the most salient point.  It is particularly apt when a defendant wants to avoid allowing the prosecution to enflame the jury with sympathetic evidence of injuries or in cases where the defendant has a lengthy criminal history.  In short, it is one of very few tools that can (in very limited circumstances) benefit a criminal defendant.  This benefit does not exist in the federal system.  Federal Rule of Criminal Procedure 23 states that a defendant may only waive a trial by jury with the consent of the prosecution.  This provision has been upheld by the Supreme Court in Patton v. U.S. and Singer v. U.S.

Ohio State Rep. Lynn Slaby, a former prosecutor, introduced HB 265 last December to change Ohio law to make it consistent with federal law, and thus more beneficial to Ohio prosecutors.  The Bill states, in pertinent part:

The prosecuting attorney, a village solicitor, a city director of law, or a similar chief legal officer for a municipal corporation responsible for prosecuting a criminal case before a municipal court may demand a jury trial in any criminal case in which a defendant may demand a jury trial. The prosecuting attorney, village solicitor, city director of law, or similar chief legal officer may demand a jury trial notwithstanding a defendant’s failure to demand a jury trial and over the objection of the defendant.(Emphasis added.)

From the beginning the bill was controversial and garnered little support outside of the prosecutors.  “This is the second time in nine years that the legislature has attempted to take away a defendant’s right to waive a jury trial; a right that simply levels the playing field for defendants in a game where the prosecution enjoys exclusive control over the nature of the charges filed, the number of charges brought, and execution of the charges through warrant and arrest. The last time, in 2002, the measure (H.B. 541) was squashed through the hard work of attorneys and judges who saw the danger in such legislation.” Columbus Bar Association, Fall 2011.

On Wednesday, December 12, the Ohio Senate Judiciary Committee held testimony on HB 265. After hearing testimony, Chairman Mark Wagoner did not call for a vote. This action by Chairman Wagoner effectively defeated the bill for this session.  As of this writing it is unknown whether the bill will be reintroduced at a later date.  We will keep you informed.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in DaytonSpringfieldKetteringVandaliaXeniaMiamisburg, 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.

Federal Court DUI

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Misdemeanor drunk driving charges occurring on federal lands (such as national parks and military bases)  fall under the jurisdiction of the federal courts. 

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.  However, under federal law the refusal to submit to a chemical test is a violation of the Code of Federal Regulations.  The Code of Federal Regulations does not provide for mandatory drivers license suspensions in refusal cases, but Ohio’s BMV will be notified of a chemical test refusal conviction, and will then impose the same license restrictions associated with a DUI conviction under state law.

Federal drunk driving is a serious charge that can result in fines, imprisonment, or both.  A DUI attorney experienced in handling federal DUI cases will develop a strategy to fight the charges and keep consequences to a minimum.  Charles M. Rowland II has handled federal DUI cases for over 15 years and is one of the few local attorneys to actually have tried a DUI case in federal court.  He has been used as an expert witness in military court martial proceedings and can offer the advice of a former J.A.G. on staff.  Contact federal DUI defense attorney Charles M. Rowland II at (937)318-1384 or at 1-888-ROWLAND.

Middletown OVI Checkpoint (6/22/12)

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The Butler County OVI Task Force will conduct an OVI checkpoint along Ohio 122 in Middletown.  The checkpoint will be held from 10 p.m. Friday until 4 a.m. Saturday morning.  The checkpoint will be accompanied by aggressive saturation patrols.

If you want to receive updated information on sobriety checkpoints,  enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog.  Text alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley.  In the past month we have alerted our followers to the State Route 35 traffic initiative and three local sobriety checkpoints.  You should also know that we respect your trust and we will never send you irrelevant information and/or advertisements.  This service is free and available to the general public.

You can also put DaytonDUI on your Android Smart phone via the DaytonDUI app.  The app helps you know your rights and know yourself by providing a drink tally so that you do not overindulge.  You can send safe drinking tips to friends or use the app to find the nearest taxi for a safe trip home.  The app brings you the best of DaytonDUI’s video and audio content and gives you a chance to take pictures and record memories so that you can aid in your own defense.  Our sincere desire is to make our roads a safer place.

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 this CONTACT form.  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 Twitter updates 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@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.