Cocaine-related criminal offenses are treated rather harshly compared to crimes involving other types of drugs. This is a drug that is considered illegal in every state. Ohio residents who are accused of committing cocaine-related drug crimes may face severe punishments...
Most searches conducted with a search warrant are valid. There are, however, instances in which a search even though conducted with a warrant may be unconstitutional. The most effective way to challenge the legality of a search warrant is to question the truth of the underlying facts contained in the affidavit submitted by the law enforcement officer who requested the warrant.
In late 2012, Raveesh Kumra, a wealthy investor in San Jose, California was murdered in his home during a home-invasion robbery. Mr. Kumra was found blindfolded, tied and gaged. He suffocated to death on tape used to silence him. The investigation led to a belief that a prostitute had provided local gang members with information about the layout of the victim's home as well as the valuables inside.
Frequently, I get calls from individuals who are upset that they were convicted of a misdemeanor and now have to go to jail, pay a fine or be on probation. I inquire why they are surprised and frequently I am told that they plead no contest and expected the case to be "thrown out." They tell me they "heard" pleading No Contest was a loophole in the system. However, in their case, the "loophole" did not work so well. Several times I have inquired as to the details of what they heard about the "loophole," and usually I am told the following:
The 2016 holiday season is at hand. In Ohio and throughout the nation, millions of people are planning, shopping, traveling and enjoying time with co-workers and loved ones. For some, however, the light of the holidays has been dimmed due...
DNA evidence is a powerful forensic tool and can play a critical role in a criminal case - either by excluding a person or by providing strong evidence of inclusion. Yet, few truly understand the limits of DNA evidence in a criminal case. We have all had the experience of hearing a news report that a suspect's DNA was found or is a "match." Most immediately jump to the conclusion that the individual "must have done it." Yet, months down the road we learn that no charges are being brought or the person was found not guilty. How is this possible?
One ordinary night in 1991 a young barmaid, Kim Ancona, was sexually assaulted and brutally murdered after closing time at a local lounge in Phoenix, Arizona. There was little physical evidence, no witnesses, no murder weapon found and no apparent motive. The only distinctive evidence in the case was a bite mark found on Kim's body. Ray Krone was an average citizen, a retired Air Force veteran and a postal worker who loved to play darts at the local bar where Kim Ancona worked. Other than his being a patron of the bar, the only other connection between the two was that Ray had given her a ride home a few weeks past.
A search warrant is a written court order signed by a judge that authorizes a law enforcement officer to search a home, car, container, or person. In order to obtain a warrant, a law enforcement officer submits a request with an affidavit to a judge. In the affidavit the officer states the facts he believes justifies probable cause for the judge to issue the warrant. The judge reviews the officer's request and affidavit, and if he believes probable cause exists to justify a search, then the judge will issue a search warrant.
As an attorney, I cannot stress enough that is it never too soon to contact an attorney for help. Attorneys, like me, are here to help you through your difficult time. Delaying the call can often make the situation worse. Far too often individuals will call after they have spoken to the police, gone to court, or sought a self- remedy. At that point you may have made a mistake that will make solving the problem more difficult.