Recent Blog Posts
What Are the Legal Defenses to an OVI Charge in Ohio?
Operating a vehicle under the influence (OVI) of alcohol or drugs is a serious crime in Ohio. An OVI conviction can incur severe penalties ranging from fines, jail time, license suspension, and more. These depend on many factors such as:
- Whether it is a first-time offense
- The age of the driver
- The amount of the substance used
- Whether the driver refused to submit to an alcohol or chemical drug test
Understanding an OVI charge and its penalties is an important first step toward forming a legal defense. Speak with an Ohio OVI defense attorney who will craft a legal strategy to protect your rights.
What Are the Penalties for an OVI?
Because it depends on several factors, the OVI penalty structure is complex. Assuming a driver 21 or older has submitted to all tests and is convicted of an OVI, he or she may receive:
How Can a Prenuptial Agreement Protect My Business Assets?
There are many important things to consider when entering into a marriage. One of those considerations, while uncomfortable for some couples to think about, is that the marriage may end. If the marriage dissolves, the divorce process can significantly impact the life of each spouse. There may be child custody to divide, spousal support to pay, and marital property to distribute.
Ohio law defines marital property as assets that belong to both parties. These may include real estate, cash, jewelry, cars, and other possessions. They can also include business assets, which are divided in a divorce if they are considered marital property.
Some couples hire an Ohio family law attorney to draft a prenuptial agreement before the marriage to protect assets like businesses from being divided in a divorce. This article will further explore marital property, prenuptial agreements, and how a prenuptial agreement can protect your business assets.
Is Alimony Mandatory for an Ohio Disabled Spouse?
Divorce is an emotionally difficult process under the best of circumstances. When the divorce and request for alimony involve a disabled spouse, the process becomes much more complex. People are living longer today than in the past, making disabilities and cognitive decline issues much more common during a divorce. The husband or wife seeking a divorce may face a significant level of judgment for divorcing a disabled spouse, yet there may be many more issues than meets the eye.
The disabled spouse may wonder how they will physically and financially get by on their own. A court will strive to reach an agreement that allows the non-disabled spouse to divorce while ensuring the disabled spouse is not left to struggle financially.
When the divorce is amicable, it is not unusual for the ex-spouse to continue to offer emotional and financial support for the disabled spouse. Even if this is true, the disabled spouse may require additional services and assistance.
3 Tips to Follow When You Get Arrested
Getting arrested can be a scary, stressful situation to find yourself in. It can be especially difficult to control your reactions. Depending on the situation, the arresting officers might be on their guard and feeling edgy. With so much tension around, one wrong move has the potential to turn everything from a routine arrest into something much more distressing.
This article will offer five tips to follow if you get arrested. Knowing in advance what to expect can go a long way toward helping you remain in control of yourself and in turn, you can demonstrate to the arresting officers with your calm behavior that you should not be considered a threat and there is no need for extra force. When you are arrested for the first time, you have no idea what to expect, and there is no guide to follow. You also might not be aware of your rights. While all arrests are different, there are things you can do that are always a good idea. Of course, if this happens to you, a dedicated Brunswick, OH criminal defense lawyer can offer you valuable guidance on how to proceed.
What Is Power of Attorney in Ohio?
Assigning power of attorney to a trusted person gives family members or another designated individual the power to make important decisions on your behalf. A power of attorney is typically used in cases where you are unable to make medical or end-of-life decisions for yourself.
Many people may be somewhat familiar with the concept of power of attorney. However, it is important to understand the specifics of how incorporating it into your estate planning might be helpful. An Ohio estate planning lawyer can answer your questions about assigning power of attorney in your estate.
Ohio Power of Attorney: The Basics
In Ohio, the Uniform Power of Attorney Act details the specifics of power of attorney and when it might be used. Under this act, there are two main types of power of attorney that you may be able to incorporate into your estate plan or will:
How Are Child Custody Decisions Made in Ohio Family Law Cases?
Child custody disputes can be some of the most emotional and challenging aspects of a divorce or separation. In Ohio family law cases, the court's primary concern is always the best interests of the child. When making decisions regarding child custody, Ohio courts consider various factors to determine what arrangement will be most beneficial for the child's overall well-being. A skilled and experienced family law attorney can help you understand these factors and provide you with insight into how child custody decisions are made in Ohio.
Types of Child Custody
In Ohio, there are two general categories of child custody, which are usually referred to as legal custody and physical custody. Parents will usually be able to share both types of custody, although the arrangements put in place will depend on the specific issues involved in an individual case. Legal custody is known as the allocation of parental responsibilities under Ohio law, and it involves the parents' rights to make important decisions regarding their children's upbringing, such as education, healthcare, and religious practices. Physical custody is known as parenting time, visitation, or companionship, and it addresses where a child will primarily reside and when they will spend time in the care of each parent.
Potential Penalties for a Domestic Violence Arrest in Ohio
Domestic violence is a serious offense that can have long-lasting physical, emotional, and legal consequences. In the state of Ohio, domestic violence laws aim to protect people from abusive acts committed by family members or people who live in their households. However, there are some situations where people may be falsely accused of domestic violence, and they may face criminal charges based on a misunderstanding or claims made against them following a family dispute. If you are arrested and charged with domestic violence in Ohio, it is crucial to understand the potential penalties you may face. By working with an experienced attorney, you can determine your best options for defending against a conviction and minimizing the penalties to your life, your family, your reputation, and your career.
Misdemeanor vs. Felony Domestic Violence Charges
In Ohio, domestic violence charges can either be classified as misdemeanors or felonies depending on various factors such as the severity of the offense and a person’s prior criminal history. In general, a person may be charged with domestic violence if they purposely or recklessly cause a family member to suffer physical harm or if they threaten to harm a family member. A person may also face criminal charges if they are accused of using threats or force to cause a member of their family or household to believe that they will suffer physical harm.
Should Advance Medical Directives Be Included in My Estate Plan?
When it comes to estate planning, many people focus on making decisions about how their assets should be distributed after passing away, and they may create wills or trusts to ensure that their wishes will be carried out correctly. While this is an important aspect of estate planning, it is also important to consider how a person’s needs will be met during the rest of their lifetime. These can be especially crucial issues to address as a person ages, since they may not be able to fully care for themselves when they reach an advanced age, but they will still want to make sure the decisions they have made about their healthcare will be followed correctly. Advanced medical directives that address these issues can play an important role in your estate plan.
Understanding the Options for Advance Medical Directives
An advance medical directive is a legal document that allows you to make decisions about your healthcare in the event that you become unable to communicate or make decisions for yourself. These directives ensure that your wishes regarding medical treatment and end-of-life care are known and that your desires will be respected, regardless of what may happen to you in the future.
Can Spousal Support Be Modified After an Ohio Divorce?
Going through a divorce can be challenging, especially when complex financial issues need to be addressed. In some cases, spousal support may be a factor, and one spouse may believe that they should receive ongoing support payments from the other after their marriage is terminated. While it is important for spouses to understand the role that spousal support or alimony will play during the divorce process, it is also important to understand when support payments may be modified or terminated in the years after a divorce. An experienced divorce attorney can make sure these issues will be addressed correctly as a couple works to end their marriage.
The Purpose of Spousal Support
In Ohio, courts may award spousal support based on several factors, such as the length of the marriage, the earning capacity of both spouses, each party’s age and health condition, the couple’s standard of living during their marriage, the decisions made about property division during the divorce, whether a parent will be working or staying at home to care for the couple’s children, contributions each spouse made to the other spouse’s career or education, the time needed for a spouse seeking support to be able to obtain education or job training, and any other relevant circumstances.
Will Ohio Legalize Recreational Marijuana?
For much of the past several decades, marijuana use has been illegal throughout the United States. However, in recent years, more and more people have come to accept that this drug is not as dangerous as other illegal substances, and they believe that it should be treated similarly to alcohol. As a result, many states have legalized marijuana for recreational use. Ohio may soon join the ranks of these states if voters approve a ballot measure that will allow adults to possess and use marijuana for recreational purposes. However, there are still some situations where people may face criminal charges for possession of marijuana. Those who have been charged with drug crimes can work with an attorney to determine their best options for defense.
Ohio’s Marijuana Ballot Initiative
After the Coalition to Regulate Marijuana Like Alcohol collected enough signatures on a petition, Ohio residents will be able to vote on an initiative to determine whether recreational marijuana should be made legal in the state. This vote will be held on November 7, 2023. If this measure is passed, Ohio residents who are over the age of 21 will be allowed to purchase, possess, and use up to 2.5 ounces (around 70 grams) of marijuana or 15 grams of concentrated cannabis. Adults will also be allowed to grow up to six marijuana plants in their homes.