2018 Year In Review

2018 was a good year - starting with a jury trial not guilty in January and ending with a not guilty in a vehicular manslaughter jury trial in December. But not all successes end in jury trial and are often resolved through motions and oral arguments. Such was the case for a client charged with F2 aggravated trafficking (mandatory prison time) that was dismissed. There are simply too many successful resolutions for client matters this year to detail them all but here are some statistics for the year:

• Opened in 2018: 93 criminal matters, 122 total;
• Closed in 2018: 96 criminal matters, 113 total;
• 57 matters both opened and closed in 2018;
• 45 criminal matters remain pending; and
• New Clients in 2018: 70.

As part of my criminal defense practice, I accept both felony and misdemeanor court appointment cases. In 2018 I provided over 700 hours of indigent criminal defense representation.

Thank you to all the clients that trusted the Nicodemus Law Office with your legal matters in 2018. I look forward to continuing to provide legal representation to the residents of Fairfield County in 2019.

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The Nicodemus Law Office, LPA
Phone: 740-422-9280
Website: www.nicodemuslaw.com
Facebook: https://www.facebook.com/NicodemusLaw/
Twitter: https://twitter.com/Nicodemus_Law

The First One - Again!

About a year ago I published the first post in this blog. For the next few months I managed to publish a few posts - and then there were none. It's not because there is a lack of legal articles and topics to discuss, there just was not always enough time. So, here I am again, publishing another "first" post with the hopes that I will be more consistent in my posts.

In the event you want to read the real "First One" here's the quick link to it: https://nicodemuslawoffice.blogspot.com/2018/01/the-first-one.html.

I am marginally better at posting to social media so you can always follow the practice and my thoughts and musing on legal issues on Facebook and Twitter.

• Facebook: https://www.facebook.com/NicodemusLaw/
• Twitter: https://twitter.com/Nicodemus_Law

Thanks for reading and I promise I will try to post more!

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The Nicodemus Law Office, LPA
Phone: 740-422-9280
Website: www.nicodemuslaw.com
Facebook: https://www.facebook.com/NicodemusLaw/
Twitter: https://twitter.com/Nicodemus_Law

Criminal Pre-Trial Delay Leads to Dismissal

Ohio law is favorable to the State when it comes to Statute of Limitations, tolling of time, and pre-trial delay. The burden, even though technically shifted to the State in Motion to Dismiss for Pre-Trial delay, is often still on the defendant. A recent case of mine addressed the issue of pre-trial delay and highlights why everyone deserves a high-quality defense and why justice demands it.

In June 2017 my client was charged with F5 Escape, i.e., alleging he was arrested for a misdemeanor crime and escaped from police custody after his arrest. At arraignment and subsequent bond hearing (which was denied) I raised the issue of pre-trial delay which violated my client's rights guaranteed under the Sixth Amendment. I subsequently filed a Motion to Dismiss and had the matter set for a hearing. Prior to the hearing - and I must give credit to the prosecutor for reviewing the case and determining they could not justify the delay - the case was dismissed. So what happened that someone arrested for an alleged crime and then allegedly escaped custody would then have the case dismissed? It all started over 11 years ago.

In December 2005 my client was allegedly arrested for a misdemeanor for which he could have been jailed upon conviction for up to 6 months. Once arrested and in police custody, he allegedly escaped the police cruiser and was not able to be re-apprehended by the police. In January 2006 a complaint for escape was filed and a warrant for his arrest was issued. That warrant was not executed until late May 2017 and was indicted for escape in June 2017.

In the intervening 11 years, my client was arrested, indicted, and convicted on numerous other charges in numerous counties throughout the state. In all, he was convicted in at least two other counties of numerous felonies for which he served the better part of five years in prison. After his release from prison - while the escape warrant was still active - he was indicted on new state felony and federal firearms offenses which he was convicted of and served another five years in federal prison. After his release from federal custody - again while the escape warrant was active - he was again arrested, jailed, and released, on new charges, in the same county that had the active escape warrant. It wasn't until he was arrested for a failure to appear warrant on pending charges that he was finally served the 2006 warrant for escape.

So what's the problem - there was an active warrant for escape and now he was going to be accountable for the allegations against him. Luckily for all of us we have rights guaranteed by the United States Constitution and Ohio Constitution. Eleven years, with all the intervening arrests and imprisonments when the State could have easily brought the defendant before the court to answer for his crimes, was simply too long and prejudicial against the defendant's rights.

Eleven years of delay undoubtedly prejudiced – i.e, impaired the ability of the defendant to adequately to prepare his case and skewed the fairness of the entire system – leaving the only question for the court to determine if the delay was justifiable. Barker v. Wingo, 407 U.S. 514, 532 (1972). Generally, there are two scenarios that result in an unjustifiable delay as a matter of law – where the state acts intentionally to disadvantage the defendant and where the state ceases an investigation and later resumes its case based upon the same information. State v. Luck, 15 Ohio St.3d 150 (1984).

In this case, the Court did not need to make a determination regarding the eleven year delay. After laying out the evidence I intended to introduce at a hearing on this matter to the prosecutor, and he evaluated it, it was determined that the State could not sufficiently prove justification for delaying prosecution for 11 years. Subsequently, the indictment against my client was dismissed and he was released from custody.

Without investigating my client’s past, his prior convictions, developing a timeline of all the occasions the State could have brought him before the court for his alleged crimes but did not and, reviewing dozens of similar cases, my client may still be in jail with an escape charge.

All persons accused of crimes deserve this same level of representation. If you or someone you know has been charged with a crime, call the Nicodemus Law Office at 740-422-9280 or complete the contact form to schedule your consultation and protect your rights.

Police & Prisoners Sex Prohibited

As recent as January 2018, there were 35 states that permitted police officers can have sex with persons they have arrested and were in custody. “Permitted” might be the wrong adjective to describe the encounters but when the other 15 states describe sexual encounters between police and prisoners as sexual assault, it certainly isn’t prohibited.

In March the State of New York passed a law prohibiting sex between police officers and persons in their custody. In Ohio, sex between persons – even consensual sex – is illegal, and has been for years, if there is a power dichotomy between the persons. In 2014 the Eighth District Court of Appeals, in Cuyahoga County, upheld a sexual battery conviction of a probation officer that engaged in sex with a probationer.

Ohio Revised Code 2907.03 delineates sexual battery and includes numerous prohibitions between persons in authority positions and their subordinates. Health care professionals and patients, teachers and students, prison workers and prisoners, and police officers where the other person is in custody are all prohibited sexual encounters – even if all parties are adults.

In determining the probation officers committed sexual battery by engaging in sex with a probationer, the Court determined

R.C. 2907.03(A)(6) represents an exception to the general rule which permits sexual activity between consenting adults. As reflected in the committee comment, the section proscribes even voluntary sexual activity between an inmate and a person who has supervisory or disciplinary authority over the inmate. The purpose of the statute is to protect from sexual abuse those who come under the care and custody of the State. The statute is directed at those situations where the offender, through power conferred by the State, is able to coerce or force sexual activity by the misuse of that authority.

State v. Maresh, 2014-Ohio-3410, ¶ 41 (8th Dist. Cuyahoga)

Ohio Revised Code 2907.03 has effectively determined that a person cannot consent to sexual encounters with another person in certain situations.

OVI Overview

While Annie's Law may have changed some the sentencing requirements upon conviction of OVI, those changes still require a conviction. But how does an officer work towards obtaining evidence for a conviction?

From the moment an officer suspects you are driving impaired he is attempting to collect evidence against you. An officer may believe you to be impaired when he first notices your vehicle based on your driving (weaving, fluctuations in speed, etc) or during a traffic stop for other purposes (you're driving at 1AM on a Saturday with a license plate light out).

Your driving, your speech, the odor of your breath and clothes, and your ability to provide your driver’s license are all factors the officer will consider when determining whether or to ask you to submit to Standardized Field Sobriety Tests (FSTs).  After determining you are impaired based upon the FSTs, the officer will place you under arrest and transport you to a police station. At the station the officer will ask you to submit to another test – usually a breath test.

To blow or not to blow? Put simply, without a scientific test to prove your impairment the State has a harder time convicting you (though a jury can still find a person guilty based upon the FSTs). But there can be additional consequences if you don't blow - increases in driver's license suspension times and there may be professional ramifications for those with professional licenses, CDLs, etc. Additionally, some courts do not generally grant limited driving privileges during the pre-trial phase of the case if there is a refusal on a breath or other chemical test.

But just because the officer says you failed the FSTs or that you have a test result that indicates you over the legal limit, it does not mean you were impaired and guilty. Minor deviations in the FSTs can effect the results the officer observes and breath-testing machines and the officers that operate them have stringent guidelines that must be followed.

What surprises most people that take standardized field sobriety tests and a breath test (or other chemical test like urine or blood) is that they are charged with two OVI offenses. 

Ohio’s OVI laws are extremely specific and technical and it takes trained OVI attorneys to protect your rights. If you, or someone you know, has been charged with an OVI, you must obtain counsel to protect your rights. The Nicodemus Law Office will fully investigate your OVI charge and will protect your rights if you have been charged with an OVI. Call 740-422-9280 or complete the CONTACT FORM to schedule your consultation. 

Grandparent Visitation Rights - Overview

Ohio recognizes in the inherent right of parents to make decisions regarding their children's upbringing. But grandparents also have rights that are statutorily defined. If grandparents are prohibited from seeing their grandchildren the courts can become involved, in certain circumstances,  to determine if the statutory requirements are met for granting grandparent time.

The most crucial requirement for the assertion of grandparent rights is there be a court action involving a "divorce, dissolution of marriage, legal separation, annulment, or child support proceeding" involving the child. Once a court has jurisdiction over a child, that court can also determine whether grandparents should be permitted visitation rights with their grandchild.


The Nicodemus Law Office has worked with both parents and grandparents in these matters. Whether you are a grandparent yearning to see your grandchild or a parent seeking to prohibit grandparent time, contact the Nicodemus Law Office at 740-422-9280 or complete the CONTACT FORM to schedule a consultation.

Misdemeanor v. Felony - What's the Difference

In Ohio, criminal offenses are classified as either misdemeanor or felony offenses (there's also unclassified misdemeanors and felonies but that is an entirely different discussion). Misdemeanor offenses are typically heard by the municipal or county court and may even be heard in a mayor’s court. Felony offenses are heard in a common pleas court. Some common misdemeanors are petty theft and OVI. Some common felonies are theft, forgery, aggravated drug possession, and drug trafficking.

Both misdemeanor and felony offenses are separated into degrees based on the severity of the offense with a minor misdemeanor being the least severe offense and a first degree felony being the most severe. In many instances a crime may be classified as either a felony or misdemeanor depending on the facts and circumstances of the alleged crime.

The potential maximum penalties for misdemeanors and felonies are:

Degree of Offense	Maximum Fine	Maximum Incarceration
Minor Misdemeanor (MM)	$150	None
Fourth Degree Misdemeanor (M4)	$250	30 days - local jail
Third Degree Misdemeanor (M3)	$500	60 days - local jail
Second Degree Misdemeanor (M2)	$750	90 days - local jail
First Degree Misdemeanor (M1)	$1,000	180 days - local jail
Fifth Degree Felony (F5)	$2,500	12 months - prison
Fourth Degree Felony (F4)	$5,000	18 months - prison
Third Degree Felony (F3)	$10,000	3 or 5 years - prison
Second Degree Felony (F2)	$15,000	8 years - prison
First Degree Felony (F1)	$20,000	11 years - prison

Some crimes, such as OVI, rape, and murder, have specified penalties outside the chart above. Other factors may also enhance the maximum penalties such as the use of a firearm, the age of the victim, or if the person is a repeat offender.

All criminal charges should be taken seriously. Even a minor misdemeanor can have an effect on your life. If you have been charged with a crime, or are a suspect in a criminal investigation, you should consult with an attorney.

The Nicodemus Law Office, LPA, regularly represents persons charged with all degrees of offenses, from minor misdemeanors to felonies. Call 740-422-9280 or complete this CONTACT FORM to schedule a consultation and protect your rights.

Divorce or Dissolution

The decision to end a marriage is never an easy one, even when both parties agree that the marriage should end. The decision, and the process is even more difficult when you and your spouse are less than amicable. Children, business interests, and long term marriages add additional stress and tension. Divorce and Dissolution are the two most common ways to terminate a marriage in Ohio. However, many people don't understand the difference between the two.

If you have been served with divorce papers or are contemplating ending your marriage, contact the Nicodemus Law Office at 740-422-9280 or by completing the CONTACT FORM to schedule a consultation to discuss your rights.

Divorce

Divorce is adversarial by nature - one spouse suing another. The State of Ohio has enumerated 11 specific reasons a person may file for and be granted a divorce (see RC 3105.01). Often the most contentious issues in a divorce are not the the reasons for the divorce but are instead the issues of custody of children and division of the marital property.

While it is true that most divorces are resolved prior to trial, that resolution only comes after the parties and their attorneys fully discuss and litigate all the issues. Litigating these matters may also include Guardians for the children or experts to place values on marital property and businesses. Divorces, even when they resolve without a trial, can take a year or more to complete.  

Dissolution

A Dissolution may be an appropriate way to terminate a marriage when both parties are aware and agree that a marriage needs to end and they believe they can resolve all marital matters between themselves amicably.  Sometimes, even when spouses haven't fully agreed on all issues, they may agree a dissolution is preferable (often when children are involved) and will engage an attorneys to help resolve any issues.

Dissolutions are often resolved much quicker than divorces. By law, once a Petition for Dissolution is filed, the court must hear the matter within 90 days. 

Criminal Law Overview

Criminal law arises when someone has been charged with a crime or is a suspect in a criminal investigation. It is the area of law most people are familiar with. Who hasn't heard of Miranda warnings? Unfortunately, the understanding most people have of criminal law is from TV, basic classes in high school, or from knowing someone "who has been through the system." But this basic understanding does not cover the nuances of the actual practice of criminal law. For instance, contrary to popular belief, the police do not need to read Miranda warnings to everyone who has been arrested. 

Criminal charges can be an overwhelming, stressful, and a scary experience. Even a seemingly “minor” charge can have serious repercussions in the future. No criminal charge, in any court, should be taken lightly. Whether you have been charged with a felony or misdemeanor, or believe you are being investigated but have not yet been charged with a crime, it is important that you understand your rights and how a conviction may affect your future.

Contact the Nicodemus Law Office at 740-422-9280 or complete the CONTACT FORM to protect your rights.

Family Law Overview

Family Law, also known as Domestic Relations, is the broad area of law covering most legal topics that deal with families and relationships. Some of the areas of law included are divorce (and dissolution), alimony/spousal support, paternity, child custody and parental rights, child support, and grandparent or third-party custody and visitation.

Family law is often emotionally and physically trying on everyone, especially when dealing with children. And domestic relations courts often move in slow and measured steps to assure children are properly protected and cared for - this means a divorce involving children can take over a year to complete.

Working with our clients the Nicodemus Law Office strives to lessen your stress of being in domestic relations court while ensuring you fully understand the entire court process while protecting your rights and interests.

Contact the Nicodemus Law Office at 740-422-9280 or complete the CONTACT FORM to schedule your consultation.

OVI - Equestrian Style

According to a Huffington Post report, police in Polk County, Florida, recently arrested a woman, Donna Byrne, for driving under the influence and animal cruelty for riding a horse while being intoxicated at twice the legal limit. (https://www.huffingtonpost.com/entry/dui-horse-woman-florida-donna-byrne_us_59fda7d6e4b0baea2631f45b?section=us_crime) What would happen if this occurred in Ohio?

Ohio Revised Code 4511.19 prohibits the operation of "any vehicle, streetcar, or trackless trolley" if the person is under the influence of alcohol, a drug of abuse, or a combination of them. The question here is, what constitutes a vehicle? The Ohio Revised Code defines "vehicle" as:

every device, including a motorized bicycle, in, upon, or by which any person or property may be transported or drawn upon a highway, except that "vehicle" does not include any motorized wheelchair, any electric personal assistive mobility device, any personal delivery device as defined in section 4511.513 of the Revised Code, any device that is moved by power collected from overhead electric trolley wires or that is used exclusively upon stationary rails or tracks, or any device, other than a bicycle, that is moved by human power. 

There is no argument that an operational car qualifies as a vehicle. But what else qualifies as a vehicle? In State v. Prater, 2008-Ohio-966, the court upheld an OVI conviction of operating a bicycle while intoxicated. In 2009, a Licking County man pleaded guilty to OVI for operating a motorized bar stool (http://www.cnn.com/2009/CRIME/03/31/barstool.dui/index.html). But what about a horse like the case in Florida?

The Portsmouth Municipal Court had the opportunity to determine whether a horse constitutes a vehicle. In 1996 Brian Euton was charged with OVI for riding his horse on the roadway and Mr. Euton was allegedly impaired. Mr. Euton, while on his horse, and another vehicle were involved in an accident. Mr. Euton's attorney filed a Motion to Dismiss challenging whether or not a horse constitutes a vehicle. The court determined that "an individual riding a horse while under the influence of alcohol does not violate R.C. 4511.19" and ordered the case dismissed. State v. Euton, 77 Ohio Misc.2d 19, 665 N.E.2d 775, 776 (M.C.1996).

But be careful - while riding a horse while intoxicated may not violate Ohio's OVI statute, if the horse is pulling a buggy, the buggy is classified as a vehicle and an impaired driver of the horse and buggy could be charged with OVI.

If you or someone you know has been charged with OVI, call The Nicodemus Law Office at 740-422-9280 to protect your rights.

20,000 Convicted Drug Offenders' Cases Will Get Thrown Out

On every drug case that I represent someone, I file a motion to compel the testimony of the lab analyst performing tests (Ohio law presumes the validity of the test by the analyst via affidavit). I know that, if the lab analyst is less than honest, it is not likely to come out at a single hearing because the analyst has a vested interest to protect their work. But I also believe with enough hearings, by enough attorneys, with the same analyst, if the analyst's work is suspect, it will eventually be discovered. It happened not that long ago here in Ohio with analyst on OVI cases.

That said, the analysts I've spoken to, both in and out of court, do value the integrity of their work and would admit (and have) mistakes that potentially compromised the results. But I still file the motions.

20,000 Convicted Drug Offenders’ Cases Will Get Thrown Out
 

.05 Limit?!

Most people know the .08 limit for OVI thanks to effective public service announcements. But in Utah, that limit has been lowered to .05. Will a lower limit lead to reduced OVI accidents and fatalities or just an increase in arrests? Will other states move to adopt a lower limit? We'll have to wait and see.

For now, in Ohio, the limit remains at .08. However, you can still be arrested for OVI for impaired driving without a breath test. Most people don't realize that until it's too late. No matter the legal limit, if an officer believes you are driving impaired, you will be arrested for OVI.

If you or someone you know has been arrested for OVI, call The Nicodemus Law Office, LPA, at 740-422-9280 or complete the CONTACT FORM to protect your rights.

Utah Adopts Nation’s Strictest Drunk Driving Law

Crimes of Violence - Overview

Crimes of violence can range from lower-level misdemeanors to serious felonies. Unlike other crimes, crimes of violence necessarily involve third parties and that party's desires factor heavily into the State's prosecution of the case. The more harm to the other party, the more the State is likely to seek maximum penalties.

Domestic violence and awareness of domestic violence receives immense media coverage and public awareness. Domestic violence and its elimination has become a priority for legislatures and law enforcement. An allegation of domestic violence can stigmatize a person, let alone being charged with or convicted of domestic violence. Defending yourself against domestic violence is not easy since the alleged crime usually occurs in isolation with no witnesses other than the accused and the alleged victim.

However, a vigorous defense is necessary as domestic violence is an enhanceable crime. What does it mean that domestic violence is an enhanceable crime? It means that once convicted of domestic violence the level of offense of any future allegations of domestic violence could be escalated. A brief example will illustrate the severity of an escalation.

Domestic violence - knowingly causing or attempting to cause physical harm to a family or household member - is a first degree misdemeanor for a first offense, punishable by up to a $1,000 fine and one-hundred eighty (180) days in jail. Suppose a person, with no prior criminal history, is charged and convicted of making domestic violence threats, a fourth degree misdemeanor punishable by a fine and up to thirty (30) days in jail. If that person is later accused of domestic violence he or she could not be charged with a first degree misdemeanor but could be charged with a fourth degree felony. Additionally, if convicted of a felony domestic violence charge, the person could face a mandatory prison term.

The Nicodemus Law Office has successfully represented persons charged with crimes of violence, including felony domestic violence. If you have been charged with or investigated in connection with a crime of violence, contact the Nicodemus Law Office at 740-422-9280 or complete the CONTACT FORM to schedule your appointment and protect your rights.

Drug Offenses - Overview

Drug offenses can range from a minor misdemeanor possession charge to felony charges for possession, cultivation, trafficking, etc. All drug convictions, including minor misdemeanor convictions, can have serious consequences. For instance, a person convicted of illegal use or possession of marijuana drug paraphernalia, a minor misdemeanor usually only punishable by a maximum fine of $150, may also receive a driver's license suspension of at least six (6) months and not more than five (5) years. If the person convicted is a student, he or she may lose federal student financial aid and if the person is professionally licensed the conviction entry will be sent to the proper licensing and disciplinary board.

Drug related charges often force a person to acknowledge drug dependency issues. In some instances jail or prison time can be avoided through Intervention In Lieu of Conviction ("ILC"). ILC has certain statutory requirements, however, if those requirements are met and a person is granted ILC, he or she will have the opportunity to have the charges against him or her dismissed. Prior to entering ILC the person must enter a guilty plea to the indictment but the plea and sentencing is held in abeyance. The court will set ILC terms, similar to probation, but that will also often include treatment and counseling. If successfully completed the charges against the person will be dismissed; however, if an ILC term is violated, the court must terminate the ILC and proceed with sentencing on the previously entered guilty plea.

The Nicodemus Law Office has successfully argued for ILC and represented persons charged with drug related crimes. If you have been charged with a drug related crime or are being investigated in connection with a drug related crime, contact the Nicodemus Law Office at 740-422-9280 or complete the CONTACT FORM to schedule an appointment and protect your rights.

OVI Chemical Test Limits

In Ohio a person can be charged with different counts of OVI - one for an "impaired" driving arrest and at least one for an "over-the-limit" violation. Many people know the .08 limit for alcohol but few know that other controlled substances also have limits which, if detected in urine or blood, can lead to an OVI arrest. The "Over The Limit, Under Arrest" campaign limit refers to the chemical test charges and can include any of the substances identified in Ohio law that could impair driving abilities.

The current Ohio limits for substances in a person's breath, urine, or blood, are listed below. If you have taken, or refused, a breath or other chemical test to determine if you are legally impaired to drive, call the Nicodemus Law Office, LPA, at 740-422-9280 or complete the CONTACT FORM to schedule your consultation.

ALCOHOL
Test Level	Breath	Urine	Whole Blood	Blood Serum/Plasma
Low Test	≥ .08% to < .17%	≥ .11% to < .238%	≥ .08% to < .17%	≥ .096% to < .204%
High Test	≥ .17%	≥ .238%	≥ .17%	≥ .204%

CONTROLLED SUBSTANCES
Substance	Urine	Whole Blood, Blood Serum, Plasma
Amphetamine	≥ 500ng	≥ 100ng
Cocaine	≥ 150ng	≥ 50ng
Cocaine Metabolite	≥ 150 ng	≥ 50ng
Heroin	≥ 2000ng	≥ 50ng
Heroin Metabolite	≥ 10ng	≥ 10ng
LSD	≥ 25ng	≥ 10ng
Marihuana	≥ 10ng	≥ 2ng
Marihuana & Under Influence	≥ 15ng	≥ 5ng
Marihuana Metabolite	≥ 35ng	≥ 50ng
Methamphetamine	≥ 500ng	≥ 100ng
Phencyclidine	≥ 25ng	≥ 10ng
Salvia	Pending	Pending

Updating Child Support

Ohio's child support laws severely need updated. Of the many issues with the current child support laws, it uses financial data from the 1980s to calculate current support obligations and there is no allocation, absent the judge's discretion, for the time children spend with each parent and how that should affect child support.

For instance, a parent could be ordered to pay the full child support amount despite the fact he/she has shared parenting and the child 50% of the time. The court is not required to give a deviation for the additional time. Think about it: a parent could have a monthly child support obligation of $1,000 - which is to help provide for the child while he/she is with the other parent - but that same parent has the child 2 weeks out of the month and is responsible for food, shelter, etc, during that time but still pays the other parent $250 per week while the child is not with that parent. This creates a financial incentive for one parent to agree to shared parenting and equal parenting time but not agree to a child support deviation - a judge would then have to determine a child support obligation and the judge is not required to deviation for the additional time with the paying parent.

Several years ago I had such a case - my client was ordered to pay the child support and there was no deviation granted for the additional parentign time my client had. We objected to the decision and the trial court then increased the child support obligation. We appealed the decision and ultimately lost. We lost not because the court agreed with the child support order or even thought it was appropriate, we lost because decades of precedent had established judicial discretion in determination whether or not to deviate child support and the judge did not abuse her discretion. Stare decisis was not my friend that day.

For the past couple of sessions, legislators have introduced bills to modernize the child support laws but they usually fail to gather any traction - sometime they don't even get a hearing. Admittedly, I have not read the complete bill being proposed but based on the summaries I have reviewed I am not convinced the current proposal will fix all of the problems with the current child support laws. But any modernization and update will surely be an improvement.

https://www.cincinnati.com/story/news/politics/2018/01/02/ohios-child-support-system-everyone-agrees-its-broken-but-fix-has-taken-25-years-and-counting/918782001/

The First One

If every journey starts with a first step, each blog starts with a first post - and this is mine. Over the years I had hoped I would write posts for my Facebook page but that did not happen on a regular basis. Will an "actual" blog be different - I hope so. I hope that by discussing general legal topics - opposed to actual client scenarios and victories - will mean that I will be more willing to post more.

So what will this first post focus on? I figure if you're going to read my posts, you should know a little about me and what I will post about.

I am a general practitioner attorney in practice since 2010. These days much of my practice is limited to Fairfield County, Ohio, though I do sometimes travel to surrounding counties. A large majority of my practice is focused on OVI and criminal defense, but family law such as divorce and child custody also constitutes a decent portion of my practice. But I do not limit my practice to just these areas. I also represent people and businesses in civil matters such as debt collection, contract disputes, landlord-tenant issues, business formation, real estate and zoning issues, and estate planning.

While I have a private practice, I am also employed as the Assistant City Attorney for the City of Whitehall, Ohio; Village Prosecutor for the Village of Thornville, Ohio; and Special Prosecutor for the City of Reynoldsburg, Ohio. As the ACA for Whitehall I oversee the prosecution of all cases filed in Whitehall Mayor's Court, provide legal advice to the police and fire departments, assist our prosecutors in Franklin County Municipal Court, advise the City's elected officials, and represent the City in civil matters, including environmental and nuisance property actions. As Prosecutor for Thornville, I prosecute all cases filed by the Thornville Police Department, in Mayor's Court and Perry County Court, and provide legal advice to the police department. As a Special Prosecutor for Reynoldsburg, I prosecute cases when the city prosecutors cannot prosecute a case, usually because there is a conflict between the City and a defendant.

Prior to starting my practice I worked as a Systems Developer-Engineer for The Ohio State University. Over an eight year career at OSU, I worked for two different departments developing and administering web-based applications and MSSQL and Oracle databases. While at OSU I was appointed to the University Staff Advisory Committee, and chaired the Governance Subcommittee, to provide advice and advocate for staff to the Office of the President. I also represented OSU on the Ohio Staff Council of Higher Education.

In 2015 I was elected Mayor of the Village of Baltimore, in Fairfield County, and began my term January 1, 2016. Baltimore is the largest village in the county with a population just under 3,000 people. We operate our own police department, water and wastewater treatment plants, pool, and maintain our own streets, parks, and water utilities through the work of dedicated employees. In 2016 I ran for State Representative for the 77th District but lost to the incumbent in the General Election.

Now that you know a little about me, it's time to start posting about topics that are of interest to me - and hopefully of interest to you or will help you in your day to day life. Thanks for reading!!