Tag Archives: prosecuting attorney

Ohio OVI Defense Attorney Quote of the Week

Supreme Court Justice Byron White previously s...

United States Supreme Court Justice Byron White in the landmark case of United States vs. Wade, 388 U.S. 218 (1967)

“Law enforcement officers have the obligation to convict the guilty and to make sure they do not convict the innocent. They must be dedicated to making the criminal trial a procedure for the ascertainment of the true facts surrounding the commission of the crime. To this extent, our so-called adversary system is not adversary at all; nor should it

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Bill of Particulars

Sometimes it is unclear what conduct a prosecutor is alleging against someone that causes the action to be criminal.  If this is the case, a defendant is entitled to a BILL OF PARTICULARS.  Under Criminal Rule 7(E), a prosecutor must set forth the nature of the offense and the alleged conduct of the defendant which constitutes the charge.  The right to a Bill of Particulars is legislatively set forth at R.C. 1905.05(A).  A criminal defense attorney must make a [Read the full post. . .]

Reasonable Articulable Suspicion & Illegal Police Stops

Protecting You From Illegal Police Stops!

The Fourth Amendment of the United States Constitution protects you against unreasonable searches and seizures, which  includes being unlawfully or illegally pulled over or stopped by law enforcement.  An officer cannot simply pull you over based on a hunch or intuition.  When a police officer observes a traffic violation, he or she is justified in initiating a limited stop for the purpose of issuing a citation.  State v. Brickman (2001), 11th Dist. No. 2000-P-oo58, [Read the full post. . .]

The Role of the Prosecutor

US Supreme Court building, front elevation, st...

In Berger v. United States, 295 U.S. 78 (1935), the United States Supreme Court set forth the unique role of a prosecuting attorney in our system of justice.

The [prosecutor] is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all, and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice

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Prosecuting Attorney Not Required to Prove Date In DUI Trial

Stylized arrest.
Image via Wikipedia

State v. McFeely, 3/30/2009, 2009-Ohio-1436, 11th District Court of Appeals:  Every prosecuting attorney is taught that they must prove each and every element of the offense including venue, jurisdiction, identification, date and time.

Well, maybe not.  The Eleventh Dist. Court of Appeals recently held (in a DUI case of course) that date was not an essential element of the offense.  The big deal here is that date has always been considered an element of the offense

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