Danny James Weisenburger's Answers

How do I find the best criminal defense lawyer? How do you choose between similar records?

In Ohio lawyers can be certified as criminal defense specialists. The organization that certifies criminal defense specialists for the Ohio Supreme Court is the National Board of Trial Advocacy. You can see which attorneys are listed as Board Certified Criminal Defense Specialists in Ohio by going to their website at http://www.nblsc.us/# They also explain the screening process for criminal defense lawyers, etc. In Ohio, many criminal defense lawyers are also members of the Ohio Association...

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What are the consequences of filing a police report in ohio, with no prior criminal record

It depends on the facts. Most charges of that sort are filed under the Falsification statute, and constitute a First Degree Misdemeanor, which carries a maximum fine of $1000 and 6 months in jail. The statute contains various provisions, some of which could make the charge a felony. Google Ohio Revised Code section 2921.13 if you want to read it and see where your facts fit in. If the case is a First Degree Misdemeanor, and the facts are not aggravated, then you may not be looking at any jail...

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I have been charged with menacing over Facebook 15 need help scared

Do not talk to anyone about the facts of this case...especially online. The best thing you can do is to contact an experienced criminal defense lawyer who handles cases in the court where you would be charged. He/she can properly advise you and dramatically decrease the chances of incarceration. Dan J. Weisenburger Attorney at Law www.OhioCrimeLawyer.com

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Rammed from behind causing epic fail

No, you cannot successfully sue this person. What's worse, you would probably be liable for filing a frivolous lawsuit. So the answer would be: Less than zero! Dan J. Weisenburger Attorney at Law

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Is there any way to beat a noise in a motor vehicle ticket by pleading not guilty?

A plea of No Contest is the same as pleading guilty. The only differences are that (1) If the citation fails to allege an offense, the NC plea will result in a dismissal, and (2) A NC plea gives you protection from a civil suit for damages to persons or property. Essentially, if you plead No Contest, the judge will find you guilty and you can argue what the PENALTY should be. If you plead Guilty or No Contest and then argue that you AREN'T guilty, then that may cause a problem with the judge....

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Falsification

Under Ohio law, Falsification is normally a First Degree Misdemeanor, carrying a maximium penalty of 6 months in jail and a $1000 fine, although it can be a felony in rare instances. Check out Ohio Revised Code section 2921.13 (too large to copy here) to see the definitions and penalty levels for yourself. In most cases, judges do not impose jail time. Dan J. Weisenburger Attorney at Law

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Another persons car was impounded when pulled over for swerving and arrested for suspected OVI. Blew well below legal limit.

You need to sort this out as soon as possible. The officer should have given you a BMV-2255 Form which is the operative document that tells you whether you have been placed under an Administrative License Suspension or not. There is an "innocent owner" exception to car seizures in Ohio and that may allow the titled owner to retrieve the vehicle. Additionally, the legal limit in Ohio is 0.08 so if you blew a .2 you would be well OVER the legal limit. As for Miranda warnings, there is a...

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Jurisdiction

A criminal charge has to be filed in a court that has jurisdiction. This is determined by the elements of the offense. In other words, a court would only have jurisdiction if one or more of the elements of the offense took place in an area served by the court. For example, if you make a harrassing phone call from County A to a person in County B, you can be charged in either County A or County B, but not in any other county. By the way, you should NOT speak with police officers about a...

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Will i serve jail time for a dus?

It depends on two factors. One is the judge you will be in front of...a public defender will know what the judge's sentencing policy is on a DUS charge. Secondly, you need to be aware that SOME DUS charges carry mandatory jail sentences. Take your ticket and look at the Ohio Revised Code section (in the middle of the ticket) that you are charged with violating (such as O.R.C. section 4510.11). Then use that section number in conjunction with the Ohio Driver's License Law chart you can find here:...

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Charged with OVI and I need a photo ID

As Attorney Deters indicates, you need a TEMPORARY state ID and NOT a permanent state ID, because this will cancel out your right to drive in Ohio! You really should have an attorney tackle this problem because of the strong possibility that you will goof it up on your own (or not realize it when the BMV goofs it up). Dan J. Weisenburger Attorney at Law www.OhioCrimeLawyer.com

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