The role of DNA evidence recently had a significant impact on one Ohio man's felony arrest. The man was accused of burglary and assault. When he was booked for these felonies, the police also decided to take a DNA specimen from the man. The specimen was run against evidence in unsolved crimes and returned an alleged match. Specifically, the DNA evidence has apparently linked the Ohio man to another crime -- a rape of a 17-year-old girl in 2004.

Under Ohio law, rape is defined as nonconsensual sex. It is nonconsensual in that it usually involves a physical attack, threat or some other form of duress to force some sort of penetration. In this case, the Ohio man allegedly committed rape that involved a physical attack. The 17-year-old girl told authorities that she was dragged into an empty parking lot and beaten and raped.

Although these accusations alone bring enormous damage and shame to the man's reputation, his case is far from over. It is just the beginning of his defense against a likely aggressive prosecution. This is the new reality for individuals arrested in Ohio. Like the man in this instance, defendants may face an uphill battle if authorities claim that their DNA links them to another case. Consulting with a strong and competent defense attorney may be the best way to fight any allegations.

Source: Cincinatti.com, "Arrest made in 2004 Hamilton rape," Sheila McLaughlin, June 8, 2013

There is a new casino in Hamilton County, the Horseshoe Casino. Local prosecutors note that the new casino is in an area that is under the most police surveillance in the county. This additional surveillance may have been one of the factors leading to recent criminal charges filed against five Ohio men, who were playing blackjack and craps. Each man has been charged with two counts of Casino Gaming Offense, a felony. They face several long-term consequences, including two years in prison.

Following the allegations of cheating, the Hamilton County prosecutor announced the men's indictments. An indictment by a grand jury involves the prosecutor reviewing evidence gathered by the police and then presenting this evidence to a jury. The jury will then determine if the matter should proceed. Often, a prosecutor chooses this method of charging if he is unsure whether a criminal trial will be successful. In this case, it appears that there is, at least initially, the perception that there is sufficient evidence to continue the criminal proceedings against these five Ohio men.

Although an indictment may be the first time that an individual formally learns of criminal charges, the indictment process is the first step in crafting a strong criminal defense. It is an individual's first opportunity to see the evidence collected against him. It is also an individual's first chance to identify and evaluate the prosecutor's arguments. This information can all be used to help identify and craft a strong criminal defense, including identifying the strengths and weaknesses of the case and what plea negotiations may be possible.

Source: The Cincinnati Herald, "Five indicted on cheating at Horseshow Casino," June 1, 2013

The decision from the Supreme Court found that Ruehlman followed the law and did not act in a biased manner.

Read the Decision Here.

Mike Allen told the Cincinnati Enquirer that “Judge Ruehlman showed absolutely no evidence of bias or prejudice.”

A hearing on a motion to find Elmwood Place in contempt for its continues use of the cameras despite the Judge’s Order will take place later this month.

Donna Covert, a long-time wife and church-member with no prior criminal history, was found guilty Monday of stealing the money, allegedly with her daughter who was deputy clerk at the time. As clerk and deputy clerk, both collected fines for speeding tickets and other infractions.

Covert’s attorney, Mike Allen, told Hamilton County Common Pleas Court Judge Melba Marsh that the former clerk took around $40,000 of the money to “pay for household bills”. Covert, appearing remorseful, apologized for all harm she caused the village and her family.

Covert’s daughter, Laura Jarvis, will appear before the Judge Marsh later this year. If convicted, Jarvis would split the $260,000 repayment with her mother and serve a maximum fifteen-year sentence.

Mike Allen defended Covert, who faced a significantly longer prison term for her charges. Utilizing a plea deal, Allen helped limit Covert’s sentence.

On May 7, 2013, a judge issued an arrest warrant for former Cincinnati Bengals player Chad Johnson. The warrant stems from 2012 domestic assault allegations. The court sentenced Johnson to probation after he pled no contest to the allegations. As part of his probation, Johnson was required to show up at a probation hearing. He never did. As a result, the judge issued an arrest warrant. Now, Johnson may face more significant long-term consequences for his failure to adhere to his probation conditions.

In Ohio, a criminal defendant may be sentenced to probation in lieu of jail. Probation has significant benefits; the most obvious is that an individual will not have to serve time in jail.

Sentencing an individual to probation is within a judge's discretion. Therefore, it is important to develop a strategic criminal defense to help ensure the likelihood of a probation sentence. For example, a legal professional can help focus on details such as whether an incident is a first-time offense or an individual is a low-risk offender. If a criminal defendant is successful in obtaining a probation sentence, he will be released in the community and only face minimal restrictions as compared to serving time in jail.

Complying with these restrictions is essential to avoiding probation revocation and further penalties. The law provides that a judge may set conditions along with a probation sentence. For instance, an individual may have to appear at hearings or be subject to searches or random drug testing. If an individual does not comply with these conditions, the court can revoke probation and send him to jail.

Although probation may seem like a sentencing victory, it is key that Cincinnati residents understand how probation works to make sure one's rights are protected. Experienced criminal defense attorneys can assist individuals facing criminal allegations and tailor the best possible defense strategy to fight the charges.

Source: Fansided.com, "Probation Violation Cited As Reason for Chad Johnson's Arrest Warrant," Josh Hill, May 17, 2013

On May 7, 2013, a judge issued an arrest warrant for former Cincinnati Bengals player Chad Johnson. The warrant stems from 2012 domestic assault allegations. The court sentenced Johnson to probation after he pled no contest to the allegations. As part of his probation, Johnson was required to show up at a probation hearing. He never did. As a result, the judge issued an arrest warrant. Now, Johnson may face more significant long-term consequences for his failure to adhere to his probation conditions.

In Ohio, a criminal defendant may be sentenced to probation in lieu of jail. Probation has significant benefits; the most obvious is that an individual will not have to serve time in jail.

Sentencing an individual to probation is within a judge?????????s discretion. Therefore, it is important to develop a strategic criminal defense to help ensure the likelihood of a probation sentence. For example, a legal professional can help focus on details such as whether an incident is a first-time offense or an individual is a low-risk offender. If a criminal defendant is successful in obtaining a probation sentence, he will be released in the community and only face minimal restrictions as compared to serving time in jail.

Complying with these restrictions is essential to avoiding probation revocation and further penalties. The law provides that a judge may set conditions along with a probation sentence. For instance, an individual may have to appear at hearings or be subject to searches or random drug testing. If an individual does not comply with these conditions, the court can revoke probation and send him to jail.

Although probation may seem like a sentencing victory, it is key that Cincinnati residents understand how probation works to make sure one?????????s rights are protected. Experienced criminal defense attorneys can assist individuals facing criminal allegations and tailor the best possible defense strategy to fight the charges.

Source: Fansided.com, ?????????Probation Violation Cited As Reason for Chad Johnson?????????s Arrest Warrant,????????? Josh Hill, May 17, 2013

The boating crash occurred last June.  The victim was in his boat waiting to take it out of the water when Glenn Riegelsberger drove his boat over the top of the victim’s boat.  The victim suffered injuries to his head and back.  Riegelsberger left the scene and and walked across the street to his Riverside home.  He was arrested fifteen hours later.  DNA from the victim was found on Riegelsberger’s boat.

Hamilton County Common Pleas Court Judge Norbert Nadel sentenced Riegelsberger  to four years in prison.  The judge noted, in handing down the sentence, that Riegelsberger had prior arrests for OVI.

Drunk boating charges are similar to drunk driving charges.  A person facing a boating while intoxicated charge should contact an experienced defense attorney who can examine all of the circumstances of the case to determine whether the charges or arrest can be challenged on constitutional grounds.  The attorney can can also consider the possibility of contesting the case on the merits, through expert testimony on the integrity of any blood alcohol test, the chain of custody of any sample, or biochemical explanations for a high reading that have nothing to do with intoxication.

Widmer was convicted of drowing his wife, Sarah, in the couple’s Warren County home.  A first trial was declared a mistrial after allegations of juror misconduct arose.  A second trial ended with a hung jury.  Widmer was convicted after a third trial.  He is currently serving a sentence of 15 years to life.

Widmer’s attorneys asked the Ohio Supreme Court to consider whether DNA testing should have been allowed on his wife in order to determine whether she suffered from a genetic disorder that could have led to her death.

An appeals court has previously rejected Widmer’s arguments.  His next step could be to ask the United States Supreme Court to review the case.

A new Ohio law is one legal tool that is paving the way for criminal defendants to a future that is not shaped by previous convictions. The law provides individuals with the ability to expunge their criminal records and also seal them. It is different from the old law in an important way because it allows individuals to expunge more than convictions. In particular, individuals can expunge one felony and one misdemeanor conviction on their record or two misdemeanors, so long as they are not for the same offense.

In light of these changes, there has been a significant increase in expungements. More people recognize the benefit of expunging convictions, like qualifying for more work, and are petitioning the court system under the new law. In Cuyahoga County alone, there have been already 569 expungements in the last four months, compared to the 1,094 expungements granted in 2012.

Although the new law provides significant benefits to individuals with criminal records, these benefits are not automatic. Someone in Ohio who wants a conviction expunged must formally petition the court. This usually requires filling out an application, paying a fee and waiting for a judge to review the criminal record. A hearing may even be required.

The process may seem tedious but it has great benefits in the end. Individuals who were once facing the long-term consequences of their convictions, like unemployment, can essentially overcome and erase these obstacles. Expungement is a powerful criminal defense tool but it should be fully understood before attempting to go through with the process.

Source: Cleveland.com, "People taking advantage of new expungement law in Cuyahoga County," Mark Gillispie, May 13, 2013

Prior to the law’s passage on March 22, death row inmates were only eligible for post-conviction DNA testing; this amendment allows inmates convicted of violent crimes and other serious felonies the same opportunity.

The Kentucky Amendment goes into effect starting in June, but the court decided to apply it to this murder case, as there is “no good reason” not to.

Revisions to DNA testing statutes underscore the need for those who seek a review of a conviction to contact experienced appellate counsel. While appellate courts are reluctant to disturb a jury’s verdict, there are grounds upon which a person may be entitled to receive post-conviction relief.