10 posts categorized "Drug Cases"

ZDL convinces Cleveland Judge that State Trooper lacked probable cause to arrest client for Operating a Motor Vehicle While Under the Influence of Alcohol (OVI), obtains dismissal of client's charges of OVI and Possession of Marijuana

Posted by Zukerman on Monday, June 3, 2013

In City of Cleveland v. Cooper, 12 TRC 058302, ZDL obtained a dismissal of client's operating a motor vehicle while under the influence of alcohol ("OVI") and possession of marijuana charges. State Trooper stopped client for not having his headlights on. Upon approaching client, Trooper testified that he detected the... Continue reading "ZDL convinces Cleveland Judge that State Trooper lacked probable cause to arrest client for Operating a Motor Vehicle While Under the Influence of Alcohol (OVI), obtains dismissal of client's charges of OVI and Possession of Marijuana" …

ZDL wins landmark reversal in the 8th District Court of Appeals on HB 86 sentencing issue

Posted by Zukerman on Wednesday, February 27, 2013

Paul Johnson’s journey through the criminal justice system is over, and he walks the earth a free man. The Eighth District Court of Appeals reversed his convictions and vacated his sentences last week, a landmark decision interpreting H.B. 86, Ohio’s recent sentencing reform law. In May 2011, Johnson was indicted... Continue reading "ZDL wins landmark reversal in the 8th District Court of Appeals on HB 86 sentencing issue" …

US Supreme Court Limits Police Power to Seize Suspects Incident to a Search of Premises.

Posted by Zukerman on Monday, February 25, 2013

In Bailey v. U.S., 2013 U.S. LEXIS 107, the Supreme Court limited a previous holding that allowed police to detain a suspect incident to the search of a residence. Police were getting ready to execute a search warrant at the apartment of defendant Chunon Bailey when detectives spotted Bailey and... Continue reading "US Supreme Court Limits Police Power to Seize Suspects Incident to a Search of Premises." …

ZDL convinces Court of Appeals to reverse client’s convictions and seven-year prison sentence

Posted by Zukerman on Thursday, June 21, 2012

Convicted of drug trafficking and sentenced to seven years in prison, Roy Bell’s situation was bleak. Mr. Bell was convicted of marijuana trafficking with a schoolyard specification, drug possession, and possession of criminal tools. Mr. Bell was also forced to surrender his assets to the state. Attorneys at ZDL appealed... Continue reading "ZDL convinces Court of Appeals to reverse client’s convictions and seven-year prison sentence" …

Fourth Amendment: Physically invading personal property to gather info, means a search occurs

Posted by Zukerman on Monday, April 16, 2012

In U.S. v. Jones, Docket No. 10-1259, the Supreme Court of the United States, in a vote of 9 to 0, held that the installation of a global positioning system (GPS) tracking device on a suspect’s vehicle, without a warrant, constituted an unlawful search under the Fourth Amendment of the United States Constitution. The significance of the decision in Jones lies in the narrow basis for the holding. In essence, the majority’s holding reflects an irreducible constitutional minimum: “when the Government physically invades personal property to gather information, a search occurs.” The Majority’s trespassory test does not offer guidance in a world where physical intrusion is now unnecessary to many forms of surveillance. Continue reading "Fourth Amendment: Physically invading personal property to gather info, means a search occurs" …

OHIO'S SENATE BILL 77: A NATIONAL MODEL OF REFORM

Posted by Zukerman on Tuesday, March 20, 2012

BY S. MICHAEL LEAR On April 5, 2010 Senate Bill 77, a comprehensive criminal justice reform package, was signed into law. SB 77 stemmed from a joint project between the Ohio Innocence Project and the Columbus Dispatch and the passage thereof was the culmination of the efforts of many individuals,... Continue reading "OHIO'S SENATE BILL 77: A NATIONAL MODEL OF REFORM" …

THE HOOVER / SB 17 DILEMMA: Advising the OVI client in the age of forceable blood draws and criminalized refusal

Posted by Zukerman on Tuesday, March 20, 2012

BY S. MICHAEL LEAR, ESQ The phone rings in the middle of the night and your client is calling from a police department with an urgent questions: he or she has been arrested for Operating a Vehicle Under the Influence (OVI) and asks whether he or she should take the... Continue reading "THE HOOVER / SB 17 DILEMMA: Advising the OVI client in the age of forceable blood draws and criminalized refusal" …

Ohio Criminal Background Check Requirements for Educational Institution Employees: Part 2

Posted by Zukerman on Tuesday, March 20, 2012

OHIO CRIMINAL BACKGROUND CHECK REQUIREMENTS FOR INDIVIDUALS EMPLOYED BY EDUCATIONAL INSTITUTIONS: PART II: BACKGROUND CHECKS FOR TEACHERS AND OTTHER LICENSED SCHOOL EMPLOYEES The following article is the second in a two-part series concerning criminal records check requirements imposed by the State of Ohio for employees of educational institutions. The first... Continue reading "Ohio Criminal Background Check Requirements for Educational Institution Employees: Part 2" …

Employees of Educational Institutions Background Check Requirements: Part 1

Posted by Zukerman on Monday, March 19, 2012

In representing individuals who are employed by educational institutions, it is critical to understand the criminal background checks required by Ohio law and the consequences of non-compliance. When considering this issue and representing these individuals, you must keep in mind that Ohio law divides employees of educational institutions into 2... Continue reading "Employees of Educational Institutions Background Check Requirements: Part 1" …

How Convictions Affect State Licensure: Ohio Rehabilitation Criteria

Posted by Zukerman on Monday, March 19, 2012

IF THE APPLICANT HAS BEEN CONVICTED OF AN OFFENSE THAT IS ELIGIBLE FOR REHABILITATION, HE OR SHE MUST MEET THE REHABILITATION CRITERIA SET FORTH BELOW BEFORE THE STATE BOARD CAN ISSUE AN INITIAL LICENSE AND/OR A DISTRICT MAY EMPLOY THE APPLICANT: (A) At the time of the offense, the victim... Continue reading "How Convictions Affect State Licensure: Ohio Rehabilitation Criteria" …