Friday, January 25, 2019
Snow Emergency Follow-up
If I didn’t know better I would think the Dispatch was following me! Here’s the story about snow emergencies (and arrests) that posted January 24, 2019 - 3 days after I posted about snow emergencies. https://www.dispatch.com/news/20190124/who-sets-those-leves-for-snow-emergencies-and-does-anyone-ever-get-arrested
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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
Sunday, January 20, 2019
You Can Be Arrested For Driving During a Level 3 Snow Emergency
The past two weekends have brought us plenty of snow and plenty of snow emergencies with some counties reaching Level 3. And every time the media starts reporting snow emergencies they dutifully recap the various levels and, when discussing Level 3 Snow Emergencies, always inform us that it is illegal to be on the roads during a Level 3 and drivers could be arrested. But is it true - could you really be arrested for driving home from work during a Level 3 snow emergency? Yes, you could.
Ohio Revised Code 311.07 and 311.08 give the county sheriff broad powers and duties, including the authority to declare a snow emergency and temporarily close roads. Ohio Attorney General Opinion 86-023 confirmed this authority for county and township roads. The question was later posed to the Attorney General whether the authority to close roads extended to state and municipal roads. Ohio Attorney General Opinion 97-015 concluded the authority to temporarily close roads extends to all roads within the county. Relying on Opinion 86-023, it was noted that "the sheriff is the chief law enforcement officer in the county, with jurisdiction coextensive with the county, including all municipalities and townships" and that "there is no reasonable basis for distinguishing between the different types of roads and streets that are located within the county." Plainly stated - the sheriff can close the roads in the county to preserve the peace and safety.
So, if you are driving during a Level 3 Snow Emergency - the roads are closed - what can you be charged with and will you be arrested? Most likely you will charged with "Misconduct at an Emergency" in violation of Ohio Revised Code 2917.13 (or a similar local ordinance). Revised Code 2917.13(A)(3) prohibits a person from knowing failing to obey a lawful order of a law enforcement officer at an emergency. "Misconduct at an Emergency" is a M4, which carries a potential maximum of 30 days in jail, unless the misconduct "creates a risk of physical harm to persons or property" and then a violation is a M1 with a potential maximum of 180 days in jail. With the potential of jail upon conviction, it is an arrestable offense.
In practice, officers have discretion and usually understand snow emergencies sometimes occur quickly, people are delayed in getting home, or may be deemed "essential" employees required to work even during emergencies. If you're driving during a Level 3 Snow Emergency and you're stopped by an officer, politely let him/her know why you are out driving. If you are running for a pizza or beer, you will likely get a ticket (or maybe arrested - but likely just a ticket to appear in court later) but if you have a good reason, you may get a warning.
No matter your reason for driving during a Level 3 Snow Emergency, if you are cited (or arrested) for "Misconduct at an Emergency" or any other charges for being on the roads, you need to protect your rights and consult counsel. Politely take your ticket, get home as quickly and safely as possible, and give us a call.
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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
Ohio Revised Code 311.07 and 311.08 give the county sheriff broad powers and duties, including the authority to declare a snow emergency and temporarily close roads. Ohio Attorney General Opinion 86-023 confirmed this authority for county and township roads. The question was later posed to the Attorney General whether the authority to close roads extended to state and municipal roads. Ohio Attorney General Opinion 97-015 concluded the authority to temporarily close roads extends to all roads within the county. Relying on Opinion 86-023, it was noted that "the sheriff is the chief law enforcement officer in the county, with jurisdiction coextensive with the county, including all municipalities and townships" and that "there is no reasonable basis for distinguishing between the different types of roads and streets that are located within the county." Plainly stated - the sheriff can close the roads in the county to preserve the peace and safety.
So, if you are driving during a Level 3 Snow Emergency - the roads are closed - what can you be charged with and will you be arrested? Most likely you will charged with "Misconduct at an Emergency" in violation of Ohio Revised Code 2917.13 (or a similar local ordinance). Revised Code 2917.13(A)(3) prohibits a person from knowing failing to obey a lawful order of a law enforcement officer at an emergency. "Misconduct at an Emergency" is a M4, which carries a potential maximum of 30 days in jail, unless the misconduct "creates a risk of physical harm to persons or property" and then a violation is a M1 with a potential maximum of 180 days in jail. With the potential of jail upon conviction, it is an arrestable offense.
In practice, officers have discretion and usually understand snow emergencies sometimes occur quickly, people are delayed in getting home, or may be deemed "essential" employees required to work even during emergencies. If you're driving during a Level 3 Snow Emergency and you're stopped by an officer, politely let him/her know why you are out driving. If you are running for a pizza or beer, you will likely get a ticket (or maybe arrested - but likely just a ticket to appear in court later) but if you have a good reason, you may get a warning.
No matter your reason for driving during a Level 3 Snow Emergency, if you are cited (or arrested) for "Misconduct at an Emergency" or any other charges for being on the roads, you need to protect your rights and consult counsel. Politely take your ticket, get home as quickly and safely as possible, and give us a call.
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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
Monday, January 7, 2019
Another Motion to Dismiss for Delayed Prosecution
Nine months ago I posted about a client charged with escape in 2005 but not brought before the court and indicated on the charge until 2017. During those intervening years my client was incarcerated. That case was dismissed and you can read about it here.
In late 2018 I started representing a client charged with assault in 2014. A review of the court docket makes it appears as if my client simply absconded from the court. But nothing could be further from the truth.
On the date of the alleged assault, my client was not arrested. Law enforcement responded to an incident after the incident allegedly occurred. Officers took statements from the alleged victim and my client. My client was not arrested at that time.
Several days later the State filed an assault complaint against my client. The State attempted to serve a summons via mail to my client's last know address but service failed. My client did not appear for his arraignment and the court issued a warrant for his arrest. It wasn't until over four years later he was arrested on the warrant.
So what's the issue? On the same day the State filed the assault complaint, my client was incarcerated in another county. He was subsequently sentenced to two years incarceration. My client was in the State's custody for two years while they supposedly had an active warrant for his arrest and no one ever served it on him. To make matters worse - for the State - he was released from prison after serving his two years while there was an active warrant for his arrest on the assault charge without anyone notifying him of the pending case. The State absolutely failed to notify my client of the pending charges.
I recently filed a Motion to Dismiss the case against my client based upon the State's delay in prosecuting the case. I fully expect at the hearing on the motion the case will be dismissed as the State, no matter how hard it may try, can justify delaying execution of a warrant and prosecution of this matter when my client was in the State's custody for two years and then released him from prison with an active warrant.
I have yet to receive a date for the hearing - assuming the State even wants to proceed with one and doesn't just dismiss the case (as they should). I will update this post once a hearing is held and decision by the court has been issued.
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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
In late 2018 I started representing a client charged with assault in 2014. A review of the court docket makes it appears as if my client simply absconded from the court. But nothing could be further from the truth.
On the date of the alleged assault, my client was not arrested. Law enforcement responded to an incident after the incident allegedly occurred. Officers took statements from the alleged victim and my client. My client was not arrested at that time.
Several days later the State filed an assault complaint against my client. The State attempted to serve a summons via mail to my client's last know address but service failed. My client did not appear for his arraignment and the court issued a warrant for his arrest. It wasn't until over four years later he was arrested on the warrant.
So what's the issue? On the same day the State filed the assault complaint, my client was incarcerated in another county. He was subsequently sentenced to two years incarceration. My client was in the State's custody for two years while they supposedly had an active warrant for his arrest and no one ever served it on him. To make matters worse - for the State - he was released from prison after serving his two years while there was an active warrant for his arrest on the assault charge without anyone notifying him of the pending case. The State absolutely failed to notify my client of the pending charges.
I recently filed a Motion to Dismiss the case against my client based upon the State's delay in prosecuting the case. I fully expect at the hearing on the motion the case will be dismissed as the State, no matter how hard it may try, can justify delaying execution of a warrant and prosecution of this matter when my client was in the State's custody for two years and then released him from prison with an active warrant.
I have yet to receive a date for the hearing - assuming the State even wants to proceed with one and doesn't just dismiss the case (as they should). I will update this post once a hearing is held and decision by the court has been issued.
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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
Saturday, January 5, 2019
Misdemeanor or Felony - What's the difference?
What's the difference between a misdemeanor crime and felony crime? Depending on who you ask it could be the seriousness of the crime, what court can hear the case, or the potential penalties. I always use the potential penalties (and court jurisdiction) explanation - if incarcerated as part of the sentence upon conviction, a person can only serve local jail time for misdemeanors but incarceration for a felony is served in prison. Only the common pleas court can hear felony cases.
The potential maximum penalties for misdemeanors and felonies are:
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.
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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 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.
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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
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