Law Office of Joshua Hall

A misdemeanor is a relatively minor crime, at least as compared to a felony. However, do not assume that just because your crime is minor the consequences will be too. Most crimes come with both direct and indirect consequences, some of which can affect you for the rest of your life. Even misdemeanor charges can have serious consequences. Direct Consequences Direct consequences of  misdemeanor  charges are those imposed by the judge as a result of your being found guilty of a crime. These punishments are significantly lower than for felonies, but they are not necessarily insignificant—they can easily take you away from friends and family for an extended period of time and deplete your finances. Jail:  Especially for multiple misdemeanor offenses, it is possible to spend up to a year in jail or 2.5 years in some jurisdictions. Fines:  Misdemeanor crimes are eligible for fines up to $1,000 or as much as $2,500 in a few jurisdictions. Mandatory classes:  Y...

7 common DUI defenses Tips on how to beat a DUI using tried-and-true defense strategies We’ve all heard the urban legends of how to beat a DUI charge, including sucking on a penny or a breath mint in those awkward moments post-pullover. Unfortunately, these tactics have been  debunked time and time again . Instead of relying on old wives’ tales to beat a DUI conviction, a better strategy is to  mount and advance a credible and thorough defense  against any one of the countless components to a DUI prosecution. From the initial police stop to the introduction of evidence at trial, the following  DUI defenses  may help to reduce an unreasonably harsh sentence or even result in a dismissal altogether. 1. Improper stop by police The U.S. Constitution prohibits police from arbitrarily stopping or pulling over private citizens without what’s known as "reasonable suspicion." Interpreted over  decades of Supreme Court appeals , this concept is general...

A criminal defense lawyer has many jobs. In addition to calling witnesses in your defense and cross-examining witnesses that the prosecution puts forward, your criminal defense attorney may also: Work with you and the prosecutor to negotiate a "deal." These deals, also known as "plea bargains" can often reduce your potential sentence or eliminate some or all of the charges brought against you. However, prosecutors are often unwilling to negotiate with defendants that represent themselves. Figure out a good sentencing program for your situation. In the event that you are found guilty, your criminal defense attorney may be able to work your sentence in a way that would prevent you from winding back up in the criminal justice system. For instance, instead of going to prison for 10 months, your criminal defense attorney may suggest that you go to prison only for 6 months and spend the remaining 4 months in a drug treatment facility to help you with the drug problem ...

Just one more reason you need a Criminal Defense Attorney By Darrell A. Clay   From Oct. 1, 2009 to Sept. 30, 2010, 83,946 individuals were charged with a federal felony or Class A misdemeanor. An astonishing 96.8 percent of them pled guilty, a rate slightly higher than, but roughly consistent with, each of the previous 10 years. 1  The plea rate in Ohio’s common pleas courts is somewhat lower—about 80 percent—although this is largely due to other forms of case disposition. Of 69,014 new criminal filings in fiscal year 2010, some 55,373 were resolved by plea agreement, but only 2,123—or about 3 percent—were resolved by bench or jury trial. 2   Despite the nearly routine decision to plea bargain in criminal cases, defense counsel must remain vigilant in ensuring that clients fully appreciate the sweeping consequences that flow from a guilty plea, particularly to a felony. Failure to do so can expose defense counsel to claims of malpractice or ineffective assi...

Criminal Defense Lawyers Help Protect Clients' Rights Q: What is the job of the criminal defense lawyer? A:  The criminal defense lawyer does not simply question witnesses when representing an accused person in court. The lawyer also must make sure that the client is afforded all of the protections provided through the laws and constitutions of federal and state governments.  Q: What, specifically, does the criminal lawyer do to make sure an accused person is protected?   A:  Once a person has been formally accused of a crime, he or she goes to court for an “arraignment.” An arraignment is a formal reading of the criminal complaint to inform the accused person of the charges. At this event, the accused person (or the lawyer, on behalf of the accused) will enter a formal response to the charges, called a plea, which will then be presented to the judge. After the arraignment, the lawyer will have time to conduct an investigation, review police ...

We found the following article on the Ohio Bar Association website. Link can be found at bottom of page.  The acronyms DUI, DWI, OMVI and OVI all refer to the same thing: operating a vehicle under the influence of alcohol or drugs.      The most commonly used terms are DUI, an acronym for Driving Under the Influence, and  DWI, an acronym for Driving While Impaired. However, Ohio law no longer uses the DUI and DWI acronyms because, in 1982, Ohio enacted a law that refers to driving under the influence of alcohol or drugs as “OMVI,”  an acronym for Operating a Motor Vehicle Impaired.  Because a more recent change in Ohio law removed the requirement that a vehicle must be “motorized,” the current acronym that refers to driving under the influence is “OVI” (Operating a Vehicle Impaired). It is now a crime in Ohio to operate almost any vehicle while impaired. This includes not only motorized “vehicles,” but also, bicycles,...