A woman from Vinton, Ohio, pled guilty this week to fraud charges involving forging a physician's name onto several workers' compensation documents in an attempt to extend her badly needed benefits.
]]> The Ohio Bureau of Workers' Compensation had begun investigating the woman after one of its employees expressed suspicion about the documents.At her sentencing, the court ordered the woman to pay $7,450 in restitution. It also sentenced her to 180 days in jail.
Regarding the incident, the Administrator of the Bureau of Workers' Compensation said, "physicians are an important part of the process of evaluating the condition of injured workers and whether they are able to return to work." He went on to say that the woman's action "denies [physicians] their role in guiding a medical treatment plan designed to get injured workers back on this job."
Evidence is unclear whether this woman would have qualified for extended benefits had she not forged the signature.
If you are accused of committing fraud in relation to documents that have already been filed, it is important that you seek the assistance of a defense attorney who can help you out of a situation you may have never thought you would find yourself in.
Source: WOWKTV, "Vinton, OH, woman sentenced in Workers' Comp case," May 10, 2012
]]>An Ohio man accused of ending the life of his family friend has claimed his innocence for the past 17 years, so when he was told that DNA from the murder scene was being tested, he said that the results would be no surprise. Per his prediction, the DNA lab tests exonerated him as the owner of the blood found.
]]> The DNA evidence was not simply a random and unexplainable droplet. The blood tested was found not only at the scene, but on a piece of rope used by the assailant, the knife tied to the scene and the deceased's shirt. The results were all the same, none of the evidence found belonged to the man serving a life sentence for the crime.The Ohio Innocence Project has played a large role in the young man's case, and those who are members of his case say that the evidence should be enough to overturn the conviction and set the wrongfully accused man free.
"I've done some things I'm not proud of in life and made some bad choices," said the man accused and convicted for the crime. "But I've not hurt or killed anyone."
Everyone makes mistakes, but no one should have to pay for the mistakes of others. If you are accused of a crime you know you did not commit, putting on a strong defense remains vitally important even for someone who is innocent.
Source: The Columbus Dispatch, "DNA evidence doesn't match inmate serving time for murder," Mike Wagner, April 24, 2012
]]>The adoptive father and the two suspects were arrested based on child rape allegations. The adoptive father was charged with rape and prostituting one of his adoptive children. The other suspects were also charged with the alleged sexual assault of the adopted child. It has been alleged that the adoptive father raped his adopted children and allowed one of the other men to have relations with the child in exchange for money.
]]> One of the arrested suspects has entered a plea of not guilty to the charges of raping one of the adopted children. The suspect's not guilty plea was entered for four counts of child rape of a child under the age of 13. The defendant's bail was set at $1 million. The allegations against this suspect are that the adoptive father brought the adopted boy to the suspect's home and both the suspect and the adoptive father engaged in sexual behavior with the minor child. Since the suspect pled not guilty, the suspect's trial for the charges against levied against him should be set to begin in the near future.The adoptive father faces multiple charges of rape of a child that was under his care. The adoptive father faces these charges in two counties. No further information has been provided regarding the status of the father's charges.
Charges such as these are very serious both in terms of a criminal trial and an individual's personal life. The most important part is to remember that even thought the charges sound terrible, they have not been proven. A suspect is innocent until proven guilty.
Source: KHQ, "Not guilty plea in Ohio adoptive dad rape case," May 8, 2012
]]>A traffic stop in Preble County nearly two weeks ago led to the arrest and indictment of six individuals for possession and trafficking of marijuana.
]]> The traffic stop occurred on April 27 on Interstate 70. A traffic officer patrolling the highway pulled a minivan over for violating a simple traffic law. When the officer approached the window, he claimed that he could smell an odor of marijuana emanating from the two male passengers.A search of the vehicle was then conducted and the same reasoning was used to open a suitcase that was lying beneath a blanket in the back of the van. The officer reported being able to smell marijuana through the closed suitcase. When he opened it, he found several vacuum-sealed bags. The officers then called in the assistance of the Central Ohio Drug Task Force to conduct a controlled delivery which led to the arrest of the other four men.
Yes, there was marijuana in the van, but the ends do not justify the means when it comes to our criminal justice system. All rules must be followed during a traffic stop. For example, in this incident the marijuana was in a vacuum sealed bag. Vacuum sealing removes the air from a bag and seals it completely, raising the question of how much marijuana odor was truly detectable by the human nose. The bags were sealed, in a suitcase and under a blanket.
While we cannot conclude whether the actions of this specific officer violated any of the suspects' rights, when it comes to your defense it is these types of questions you want an attorney to ask. An experienced attorney will not take the details in an arrest report at face value, they will scrutinize the evidence and determine whether your case was properly handled.
Source: Zanesville Times Recorder, "Six indicted on drug charges," Kathy Thompson, May 9, 2012
]]>The DEA investigates drug offenses all across the country, so although this incident occurred in California, it could literally happen anywhere, like in Columbus. So what exactly did happen?
]]> According to the student, he was celebrating with his friends when DEA agents burst into the residence he was at. He was arrested under suspicion of marijuana-related crimes, was questioned and told he was being released. Instead, he was placed in a small cell and was left alone for five days.The student was not simply placed in a cell for five days; he was literally left alone without any contact of any kind. He said that he had called out for help, but it never came. No food or water was provided to him during that time, and he was forced to drink his own urine because it was the only source of sustenance he could think of.
When he was eventually found, he was in a state of hallucination. Nurses believe that he may have ingested a powdery substance in the cell that could have been methamphetamine. They also found shards of glass from his eyewear assumed to have been ingested at some point and used to carve "Sorry mom" on his arm. When the student was able to speak coherently, he said that he could hear people in nearby cells and DEA agents but could not figure out why they wouldn't answer his screams.
The student said his outlook on life has seriously changed since the incident and does not know if he will ever return to school to complete the midterms he missed while in forgotten custody. He did make it clear that he planned to file a claim in court for the incredible violation of his rights.
Source: NBC, "DEA Ignored All My Cries: Student," Sarah Grieco and Rory Devine, May 2, 2012
]]>Blood tests to determine alcohol content in a person's system at the time of arrest are scientific tests, so they must be both absolutely accurate and precise. Right? The prior statement could not be more far from the truth. What people often forget is that while the science might be right, the tests are conducted through the use of humans and machines, both of which are fallible.
]]> An employee from a Denver, Colorado, lab reminds us of the truth of the statement that blood alcohol testing can be faulty anywhere. It was recently determined that the employee incorrectly reported several blood test results in DUI cases. Now, the lab is going back and retesting 1,700 samples that were used in criminal cases. Of the 250 samples tested, 4 percent have already been determined to be inaccurately reported.Four percent may not seem like such a large number, but imagine if your case was one of the 4 percent that were inaccurately reported? What if you were convicted based upon faulty blood testing? What if you lost your driver's license, were required to pay hefty fines or spent time in jail because of a tech's error? Would you even care whether it was incorrectly reported on purpose or an accident when your future is at stake?
Conducting independent testing is one thing that experienced attorneys can do to help ensure that your rights are not violated after you have been arrested for suspicion of DUI. Another is to bring any possible errors or inaccuracies to the attention of the court.
Source: cbs news, "Samples From DUI Cases Being Re-Tested," April 20, 2012
]]>The older woman who was also arrested in Ohio was allegedly the person who sold the heroin to the 17-year-old girl. The woman was also named in connection with the Central Ohio Drug Enforcement Task Force investigation into local sales of the drug heroin.
]]> It was reported that the woman allegedly sold nine bags that contained the drug heroin to the younger girl. The alleged heroin drug sale allegedly occurred when the woman went to a local Burger King -- where the 17-year-old was employed -- to conduct the sale.The 30-year-old woman has been charged with heroin trafficking, which is a fourth degree felony. The woman's bond was set by the court at $25,000. The court case based upon the alleged sale is currently under review by a local grand jury. The grand jury's review will make the decision for a possible indictment on the heroin trafficking charge.
If the grand jury decision results in an indictment, the charges will move to trial. Local police report that although it is not very common for juveniles to participate in drug sales, sales of the drug heroin are common in the Ohio area.
Source: newarkadvocate.com, "Teenager, adult arrested on drug charges," Jessie Balmert, April 21, 2012
]]>The result of a Drug Enforcement Task Force investigation led to the arrest of two Ohio residents. One of the suspects was a 17-year-old girl and the other suspect was a 30-year-old adult. The two arrests were made following an alleged heroin drug sale near a local high school.
]]> The criminal complaint stated the 17-year-old allegedly sold two doses of heroin. The alleged drug sale was conducted within 1,000 feet of the high school and the drugs were sold to a confidential informant. When the 17-year-old was arrested she was in possession of needles, foil wraps, two balloons that contained heroin and balloon particles.The suspect has been charged with three different offenses, which include heroin trafficking, heroin possession and drug paraphernalia possession. The charge of heroin trafficking is a fourth-degree felony, the heroin possession is a fifth-degree felony and the drug paraphernalia is a fourth-degree misdemeanor.
The suspect and her attorney recently appeared in court and denied all of the criminal charges. Due to the severity of the criminal charges and an alleged likelihood she could use heroin again, the suspect has been returned to a juvenile detention center where she will remain during her trial. The trial is currently in the initial stages.
Source: newarkadvocate.com, "Teenager, adult arrested on drug charges," Jessie Balmert, April 21, 2012
]]>Local law enforcement has sophisticated methods to track what they say are pornographic images that are obtained through the internet. The ability of law enforcement to track internet child pornography to personal computers is how the principal's actions were discovered.
]]> The principal was working at an Ohio elementary school as the principal for middle-school age children. The principal was charged by local police for using his personal computer at his house to download allegedly pornographic images.During the trial, the principal pled no contest to four criminal charges. The convictions included three charges of pandering sexually oriented material of a minor and one charge of possession of criminal tools. An additional term the principal agreed to was to permanently give up his principal's license. Throughout the trial the principal was cooperative and his family was present to provide support.
The principal was sentenced to four years of prison in connection with the convictions. In addition to the term of imprisonment, the principal has been ordered to community control, mental health treatment, sexual offender treatment, obtaining employment, community service, registration as a sexual offender and a mandate that probation officers have access to any of his computers. These additional terms were mandated by the court and will be fulfilled after his prison term is completed.
A no contest plea is one option to end a trial sooner and possibly obtain a shorter sentence while maintaining one's innocence. The defendant essentially agrees to a sentence for certain offenses but never actually admits to committing the crime. An agreement such as this should never be entered into without the assistance of a defense attorney who has fully instructed the defendant about all of his or her rights, options and possible consequences of entering such an agreement.
Source: Toledo Blade, "Ex-principal gets 4 years for child porn," Jennifer Feehan, April 20, 2012
]]>There are times when these emotions cause students to do things that they may later regret and could even lead to college student crimes. Faculty members at the The Ohio State University have created a task force in charge of investigating recent graffiti written around campus that they say is racially charged.
]]> The graffiti has been found in places such as a south campus residence hall and a dumpster in the area. Faculty members say that the graffiti may be in response to a criminal homicide case from Florida that has caught national attention and incited strong debate. Despite the nature of the graffiti, students have not experienced any violence and say that they have always felt safe on campus. "My experience on campus has been excellent," one student said.The task force is set to make recommendations to the OSU President E. Gordon Gee by the end of next week. If a student is named in relation to the incident it could prompt investigation by local police and even lead to charges such as criminal mischief or destruction of property. A criminal charge like this -- whether based on emotional expression or not -- could have a serious effect on a student's future career.
Source: 10tv.com, "Offensive Graffiti At Ohio State Prompts Campus Alert," April 17, 2012
]]>U.S. Border Patrol agents were called this week after a 21-foot Concept boat was found abandoned on the beach with 74 packages of marijuana inside. A man found wandering the beach nearby was eventually arrested and charged with drug offenses after officers tied him to the boat.
]]> When brought into custody, the man said that he was forced to transport the drugs from the Bahamas to the United States after a Bahamian man he owed money to threatened his life. The defendant had borrowed money from the man and when the man told him to transport drugs to repay him, the defendant threw the drugs overboard. When his creditor found out, he threatened to kill him unless the defendant successfully attempted a second transport.The story may seem fantastic to the average individual, but it is important to remember that there is always more to the story whether it is how police conducted an investigation or why an individual acted the way that they did. If you are charged with a crime, whatever the circumstances are, would you want your interests protected when facing a large fine, probation or even incarceration?
Source: The Palm Beach Post, "Man tells authorities he was forced to import drugs or face death," April 12, 2012
]]>The drug trafficking arrest was based off of a controlled buy in which the man sold substances appearing to be both heroin and morphine to an undercover police officer. The incident occurred at a Wendy's restaurant in Ohio at approximately 2:00 p.m. Following the man's arrest, he was transported to the Brown County Adult Detention Center. He was being held by a court ordered $10,000 bond.
]]> The man accused of the sale will face two drug trafficking charges, both of which are felonies. One of the drug trafficking charges is in the fourth-degree and the other is in the fifth-degree. If the accused is convicted under both felony charges, he could face two maximum felony sentences.The Ohio law that governs fourth-degree felony violations has a maximum sentence for imprisonment of 18 months and a maximum fine of $5,000. If this law is compounded with a fifth-degree drug trafficking conviction, the accused could receive an additional prison sentence of one year and a maximum fine of $2,500. Drug trafficking violations, especially heroin related violations, can pose serious consequences if convicted and may result in a prison sentence.
Source: The Ledger Independent, "Mount Orab drug trafficking arrest made," Karen Stein, April 3, 2012
]]>The SWAT team alerted local police to the suspicion that the suspect had also been involved with other sexual assaults. The Ohio suspect is under investigation and police are attempting to link the suspect to three other incidents in which a woman reported being raped.
]]> In the last month three women reported being raped and all of the women lived in apartment complexes. The local police identified this common method of operation in each of the rapes. This led local police to determine the suspect's alleged involvement with each of the incidents.The common factors that were present in each of the incidents are that all three assaults occurred in apartment complexes, all of them were described as being violent in nature and all of the incidents occurred at around the same time. Evidence collected from the scenes provided DNA evidence in two of the three incidents. This DNA evidence is being compared to the suspect's DNA. Local police are currently waiting for the DNA results from the State Crime Lab. After the results are finalized, a DNA match to the suspect could lead to criminal charges against the suspect. It is important to note that the presence of DNA is not conclusive evidence.
Source: 11Alive.com, "Police eye rape suspect in two other assaults," Kevin Rowson, April 2, 2012
]]>Juvenile sentencing was again the topic of the day, this time it was the Ohio Supreme Court that made a ruling protecting juveniles charged with sex crimes. The court's 5-2 decision struck down a portion of the Ohio sexual offender tracking law that was enacted in 2008. According to the court, requiring a juvenile to register as a sex offender for life constituted cruel and unusual punishment.
]]> The issue was presented to the Ohio Supreme Court after a 15-year-old was charged with sex crimes allegedly committed against a younger female relative. The boy pled guilty to the charges and was sentenced to lifetime registry under the 2008 Ohio Adam Walsh Act.The court opinion stated that their decision rested on the legal analysis of cruel and unusual. The analysis rested on "whether [the punishment] is disproportionate to the crime." When it comes to requiring a juvenile offender to register and having their photo, addresses and criminal records available to everyone in the public, the court determined that it fit the definition of disproportionate.
If your child is charged with a crime, it is important to protect his or her future by presenting the best defense through the assistance of a juvenile attorney.
Source: Cleveland.com, "Ohio Supreme Court strikes down lifetime registration requirements for juvenile sex offenders," Joe Guillen, April 3, 2012
]]>Approximately one year ago, a young girl was a patient at the Eastern Ohio Regional Hospital. The young girl was admitted under the suspicion that she had been sexually abused. The staff at the hospital notified local law enforcement about the young girl's condition.
]]> After the local law enforcement's investigation, the police identified the man as the person they suspected. As local law enforcement was traveling to the suspect's house, the suspect fled the scene. Ohio State Highway Patrol was able to apprehend the suspect the next day. The suspect was charged with the rape of the girl. The criminal charge identifies the victim as under the age of 10. The criminal charge claims that there were several incidents which occurred between April 17 and April 20 and another that occurred on April 25.At the trial, the prosecutor had a signed confession by the suspect regarding the incidents. The interview that led to the signed confession was shown to the jury. Additional evidence was presented that the medical examination of the victim indicated the young girl had been assaulted. The DNA evidence presented shows the DNA sample from the crime scene was consistent with the victim's DNA but not an exact match. The jury determined a guilty verdict within two hours. The sentencing hearing has not occurred, but he could face serious charges of a minimum of 25 years to a maximum of life without parole.
Source: The Herald Star, "Area man guilty of child rape," Mark Law, March 29, 2012
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