You have two issues. The first is sanctions placed on him by the school. This can include suspension or expulsion. The second is court. He could be charged with battery, disorderly conduct or possibly disrupting a school function. He may have legal defenses for his actions. If he has not been in...View More
Sometimes it gets over looked or is used by the prosecutor as leverage to get a plea. The classic example is the prosecutor will offer a first DUI and if it is not accepted and the case is set for trial they will request the judgement and sentence from Ohio. If they have a certified judgement and...View More
I served as a juror on a burglary case. The defense argued that since there were no structures on the property, the defendant should be found not guilty. Although we found not guilty because of reasonable doubt of intent to steal, we were unsure as to whether some shipping containers on the... View More
If the case is still pending disregard anything I say. As a juror your job is to place the facts into the law as explained to you and decide if the state has carried the burden to prove the case. The attorneys present the evidence and the Judge explains the law. As a defense attorney I can assure...View More
I agree with the previous post. Drugs in a rented or borrowed car is a defense but it is not an absolute defense. It is possible that someone rented or borrowed a car to buy or sell drugs or had no knowledge of the drugs. The facts and the way the issues are preserved for appeal along with the...View More
The party that calls a witness asks questions on direct examination then the opposing party questions the witness on cross examination. It is limited to the scope of the direct examination and the credibility of the witness. You can lead the witness which can be a good time. It requires you to be...View More
Culpable negligence with injury is a first degree misdemeanor punishable by a year in jail or on probation. Without injury is a second degree misdemeanor punishable by 60 days in jail or 6 months probation. If a minor obtains a improperly stored gun and hurts themselves or someone else it is a...View More
Under $200 is a second degree misdemeanor, over $200 but under $1000 is a first degree misdemeanor and over $1000 is a third degree felony. You can be arrested for any misdemeanor and sentenced to up to 60 days jail for a second degree misdemeanor. If by exception you are speaking of 901.15(9)(b)...View More
You can ask for a continuance, set the case for trial, plea no contest, plea guilty or set the case for a plea date. Many Judges will allow an ore tenus (verbal) motion for continue but you might want to make sure you have grounds for the continuance. If you want to file motions to...View More
If you were in the passenger seat and the keys were in the car and within the passenger compartment then you could be charged with DUI. If he was in the drivers seat then he should have been charged even if it was parked with the keys not in the ignition. I cant see the passenger of a car with...View More
I agree with the previous post. Your drivers license is also likely suspended as a result. If the DUI probation was not complete you might not have cleared up your license. If you did complete that part of the probation your license can be suspended for failing to appear or failing to pay your...View More
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