Category Archives: Uncategorized

“Reasonable suspicion” and “probable cause” – different standards

One of the areas where there seems to be ongoing confusion is on the “standard” that police officers need to have to just pull someone over for a traffic violation.  Sometimes lawyers and judges claim or think that the police … Continue reading

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Another DUI trial result

One of the things that Mr. O’Shea does in his practice is his part time city prosecutor job.  In that regard, Mr. O’Shea is called upon to prosecute DUIs that occur in his home city of Rocky River.    A number … Continue reading

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What do the police need to stop and pat you down?

What do the police need to stop and pat you down?  This question comes up quite often when the police find weapons or drugs/contraband on a person when they stop and conduct what is known as a “pat down.”  Many … Continue reading

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“Proving” prior DUIs

Many times we get clients who have been arrested for an OVI/DUI and who have had prior OVI/DUI convictions.  They are concerned (as are we) because the more “priors” you have had the more “mandatory” time the trial judge must … Continue reading

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The police can search you if they think there is an “emergency”

The Ohio Supreme Court just issued a decision which held that a person may be stopped and quickly searched if the police believe that emergency aid is needed to protect life or prevent serious injury.     In State v. … Continue reading

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We are on “lawyer call” 24/7 – 800-529-1966

Just a short post to let you know we will have our cell phone ears on all night for any questions or counsel about your rights and responsibilities about drinking and driving and other celebration activities. Call us at 800-529-1966. … Continue reading

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The “verbal” domestic violence case

Many times those arrested and/or accused of domestic violence claim they are not guilty simply because they only made what they believed were veiled threats of harm.  For example, the husband who says “I’m going to kill” you in a … Continue reading

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What is a criminal “bad check?”

An Ohio Court of Appeals recently held that a client who had written a $1,000.00 bad check to their lawyer was in fact guilty of felony writing bad checks – in violation of Ohio Revised Code 2913.11(B) .   In State … Continue reading

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Every person’s home is their castle – and the castle must be built in a “workmanlike manner.”

The Ohio Supreme Court just issued a new decision which held that despite what the home purchase/construction contract may purport to say, every person’s home is their castle – and the castle must be built in a “workmanlike manner.”   … Continue reading

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Tinted windows and the smell of pot

A Court of Appeals in Dayton, Ohio recently issued an opinion which essentially found that if you get pulled over for tinted windows (and you can get pulled over for just that), and the police officer claims to smell burnt … Continue reading

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