I found this post on Facebook. Kansas got it right before all other States. Kansans who refuse to submit to a breath or blood test in DUI investigations cannot be criminally prosecuted for that refusal, the state’s Supreme Court ruled Friday. The court found unconstitutional a state law making it a crime to refuse such a test when no court-ordered warrant exists. In its 6-1 ruling, the court found that the tests were in essence searches and the law punishes people for exercising their constitutional right to be free from unreasonable searches and seizures.
Under Kansas law, anyone who operates a motor vehicle in the state has given implied consent to submit to such testing. But the court ruled that the implied consent is not irrevocable and withdrawal of that consent cannot be criminally punished. “Once a suspect withdraws consent, whether it be express consent or implied (under the statute), a search based on that consent cannot proceed,” the court … Continue reading
The Rutan Law Firm is a Columbus criminal defense firm that represents clients all over Ohio who are charged with serious criminal offenses. Rutan Law is mindful of the fact that every time we enter a courtroom on behalf of our clients, there is a great deal at stake. All lawyers must have the ability to negotiate, know the law and the ability to try cases.
Last week on August 12, 2015, after all, negotiations failed, the Rutan Law firm buckled down for a trial and used the most important tool lawyers can and should have. The ability to try a case and succeed at trial. The client’s most serious charges were attempted murder, having weapons under disability and firing into a habitation. After 2 hours of deliberation, the Jury returned a verdict of Not Guilty on all counts. Not because she was innocent but because the State could not meet its burden. The jury asked me why I … Continue reading
Posted: Saturday, July 11, 2015, 1:00 am By DEBRA TOBIN Logan Daily News Editor firstname.lastname@example.org
LOGAN – Within 15 minutes of going into deliberations, a jury of eight women and four men determined a Rockbridge woman was innocent of all charges in a child abuse-related case. In March, Theresa A. Vickroy, 53, of Rockbridge, was indicted by the grand jury of endangering children, a felony of the second degree; endangering children, a third-degree felony; aggravated assault, a fourth-degree felony; domestic violence, a misdemeanour of the first degree; and assault, also an MM1. According to the Hocking County Sheriff’s report, Vickroy allegedly choked her 11-year-old son after a family argument ensued in January. The child testified in court on Thursday, as well as his 15-year-old brother, alleging repeated abuse. However, the jury did not find the children’s testimony credible and determined shortly after going into deliberations that Vickroy was not guilty of the crimes of which she was accused. … Continue reading
Felonies and misdemeanours are two categories of crime that a Franklin County criminal defense attorney needs to be an expert in. While misdemeanours are nothing to be taken lightly, felony offenses are extremely serious business. Penalties for felonies can range from as little as three years all the way to a life sentence. The following defines a felony, its classifications and the corresponding jail sentences. You need to hire a Franklin County felony defense lawyer who understands and has experience defending clients charged with felonies and the penalties for each type of felony.
A felony is defined as a serious crime carrying a potential penalty of imprisonment for more than six months, or death. Murder and aggravated murder are the most serious felonies and I will explain the classifications and penalties of both. Other felonies include drug trafficking, kidnapping, rape and robbery. As Franklin County Defense Lawyers, we see this every day. Franklin County Ohio classifies felonies into five … Continue reading