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.

Darren Courtney of Mason worked for Fujitec in Lebanon as an attorney.  After pleading guilty to a felony charge of theft, he was sentenced to three years probation.  According to media reports, Courtney created a number of fake law firms throughout the country.  The fake law firms would then submit claims to Fujitec for non-existent clients.   The company paid approximately $150,000 on these fictitious claims.

Courtney is expected to lose his law license as a result of his felony conviction.

Courtney’s actions are an example of white collar crime, and the serious consequences that can result.  Common white collar crimes are mail fraud, wire fraud, embezzlement, financial crimes, public corruption, and bribery.  Because the risks for defendants are so high, individuals facing allegations of or a white collar crime should contact an experienced defense attorney as soon as possible.  In our experience, the earlier a criminal defense lawyer is involved in the process, the higher the likelihood the individual you can reach a positive resolution of the charges. In some cases, the attorney may be able to work directly with the investigators, an employer or other parties before charges are actually filed.

A Florida judge has issued a warrant for his arrest on charges that he violated several terms of his domestic violence probation.  Court officials allege that he failed to meet with probation officers and also failed to complete a “Batterers Intervention Program.”

Johnson was placed on probation after his wife alleged, according to police reports, that he head butted her during a an argument in August after she found a receipt for condoms in the couple’s car.

Johnson pleaded no contest to domestic battery and was placed on probation by a Broward County, Florida judge.

Johnson has a previous conviction for domestic violence.  Had the new allegations occurred in Ohio, Johnson likely would have faced a felony, rather than a misdemeanor charge.  Mike Allen discussed the case on WLW700 shortly after the incident.

Individuals facing domestic violence charges should contact a defense attorney with significant experience in this area.   Domestic violence charges, more than many other criminal allegations, create pressure for families and a stigma that comes with being accused, and convicted, of domestic violence.  An experienced attorney can try to utilize every legal resource at his disposal in an effort to resolve the case in a way that benefits the client.

Under Ohio's current law, those accused of felony possession of a weapon or other gun-related allegations face anywhere between one to seven years in prison. The proposed law would double this sentence for a first-time offender to a sentence of two to fourteen years. The law would establish mandatory sentencing for repeat offenders. Those individuals with two previous violent felony convictions would face a minimum of 11 years in prison.

The new legislation clearly has significant impacts on the penalties that an alleged repeat violent offender faces. This change is consistent with other areas of the law, which carves out other rules and penalties for those who have prior convictions.

During criminal proceedings, prior convictions can be introduced to undermine the credibility of both witnesses and defendants. A fact-finder may infer that a witness or defendant is not being truthful in light of the prior conviction. Allowing the consideration of such information can clearly affect a case's outcome. Many times, this results in yet another conviction for a defendant who already has prior convictions.

Prior convictions are also relevant at the sentencing stage. Depending on the guiding law, a prior conviction may trigger certain mandatory penalties or it may be an aggravating factor that supports additional consequences.

The Senate's recent actions as well as existing law reveal that prior convictions can have a substantial impact on the penalties that a person can face. Interestingly, prior convictions are not always something that the judge or jury can consider. There are other legal rules that can prevent the introduction of prior convictions. However, the burden is often on the person wanting to exclude such information to appropriately raise these challenges. Therefore, it is essential that defendants accused of felonies utilize an attorney familiar with these challenges their ability to alter a case's final outcome in favor of their client.

Source: The Columbus Dispatch, "Bill targets repeat violent offenders caught with guns," Jim Siegel, April 30, 2013

Boggs, who was an investment advisor from 2008 to 2009, suggested his grand prix idea to clients. His idea was to bring a Formula One car to Cincinnati and conduct a grand prix race. Boggs encouraged the clients to purchase stock in a company entitled Cincinnati Grand Prix.

Instead of funding a grand prix, the money went directly into Bogg’s wallet to help purchase personal vehicles. $352,745.21 was the estimated amount of money stolen from investors.

If you are charged with a white collar crime, there are serious penalties at stake, such as fines, restitution, and jail time. The experienced criminal defense attorneys at Michael K. Allen & Associates have handled a wide variety of white collar crimes at the state and federal level. Contact our office today to discuss your white collar crime case. You can speak to an attorney at any time, day or night, for sound advice about your legal issue.

Read more: Grand prix booster took investors for ride Cincinnati Enquirer.

The New York Times reports that Office of Highway Safety researchers hope that the new, lower, standard “will reduce consumption among all drivers.”  In general, while blood-alcohol concentration varies by body weight, gender, stomach contents and other factors, a 180-pound man could consume four beers or glasses of wine in 90 minutes without reaching the current limit.  The new limit would lower the amunt a person could drink and then drive to about three drinks in 90 minutes for the same person.  A smaller woman could exceed the legal limit by consuming just two drinks in 90 minutes.

The legal limit of .08 was adopted by all states after the Federal Government passed a law that would prohibit a state from receiving Federal Highway funds unless the state adopted that legal limit for OVI.

It is unclear if Congress will adopt the new recommendations and require states to adopt the new, lower, limit as a condition of receiving federal highway money.

The paper reports that many foreign countries have adopted the .05 limit, and that “two states, Colorado and New York, already have a category of milder penalties for people with blood-alcohol levels between 0.05 percent and 0.08 percent.”

Persons facing OVI charges in Ohio should contact an experienced criminal defense lawyer.  The attorney can consider the possibility of contesting the integrity of a blood alcohol test.  Possible problems with the test could include the chain of custody of the sample, issues with the equipment or certification of the operators, or biochemical explanations for a high reading that have nothing to do with intoxication.

The new felony offense would relate to theft. Currently, Ohio law provides that stealing items, with a value less than $1,000, is a misdemeanor offense. The legislature is considering a modification to this law. A current bill proposes to carve out a felony exception for the theft of telecommunication devices even if their purchase price is less than $1,000.

Those in favor of the law focus on the invaluable information on such devices as computers, laptops, iPads or cell phones. They argue that, while the purchase price of these devices may only be a few hundred dollars, significant information can be stored on them. The law, as currently written, does not account for this substantial storage of information. In addition to stealing the physical device, an alleged thief may also gain access to and use private information.

A new law that concerns iPads may not seem like it will shake up the criminal justice system, but the change in penalties can have serious consequences. There are significant differences between misdemeanors and felonies, which are serious charges.

Felonies are the most serious class of crimes. Like misdemeanors, they can be punishable by fines. Unlike misdemeanors, they can also be punishable by more than one year in jail. Being charged of or convicted of more than one felony, unlike a misdemeanor, can also have significant effects on an individual. There may be less flexibility in the possible penalties and a greater likelihood of significant prison time.

The likelihood of spending time in jail for stealing an iPad may not seem possible. However, if the Ohio legislature adopts the new telecommunications bill, this and other serious consequences may become more of a reality for those convicted of stealing telecommunications devices, regardless of their value.

Source: NBC 4i, "Bill Would Make Computer, Cell Phone Thefts Felonies," Denise Yost, April 26, 2013.