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. . .]
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. . .]
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.
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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