North Royalton Legal Blog

People facing marijuana drug possession could avoid penalties

On behalf of Kirner & Boldt Co., L.P.A. posted in drug possession on Thursday, August 15, 2019.

When charged with drug possession in Ohio, people can be confronted with substantial penalties, many of which will cause significant problems in their lives for an extended period. This is understandable for those who are dealing with felony charges for drug trafficking and drug dealing. For people who have a small amount of a drug that is increasingly being viewed as innocuous, like marijuana, the penalties frequently are viewed as unfair.

A Cleveland City Council member has introduced a proposal that will alter the way people arrested for drug possession with small amounts of marijuana are treated by the legal system. He suggests that those caught with small amounts will no longer face jail nor any other penalties. Currently, people who are charged for marijuana in the city will face state charges and be fined for various amounts depending on how much marijuana they had. For less than 100 grams, it is $150. For 100 to 200 grams, it is $250 and a jail sentence of 30 days.

Woman charged with drunk driving with child in car

On behalf of Kirner & Boldt Co., L.P.A. posted in drunk driving on Thursday, August 1, 2019.

Drunk driving is a common cause of accidents with injuries and death in Ohio. To prevent that and to dissuade drivers from getting behind the wheel while under the influence, law enforcement is out in force to catch drivers who might be driving drunk. In some cases, the circumstances are unusual. Even if there is no auto accident, a drunk driving charge is serious and can result in severe penalties. Regardless of the situation, however, it is imperative for those who are arrested for drunk driving to understand the level of charges they face, the possible consequences and to do whatever they can to achieve a favorable result and avoid a conviction. Legal help is a must.

For example, a woman was arrested on suspicion of drunk driving with a child in her vehicle. Law enforcement spotted a Ford Escape speeding. The vehicle was reportedly going approximately 20-mph over the posted speed limit of 25-mph. When the officer spoke to the woman, she was said to have bloodshot eyes and slurred her words. The officer also allegedly smelled alcohol. On the floor of the vehicle was an open can of beer. There was a 2-year-old in the vehicle with her. She was given sobriety tests, which the officer said she had a problem completing.

Planning for long-term care for your parent

On behalf of Kirner & Boldt Co., L.P.A. on Monday, July 29, 2019.

The physical decline of an elderly parent does not often happen without warning. Your parent may no longer have the strength or stamina to mow the lawn. Later, he or she may find it challenging to go up and down the stairs or carry baskets of laundry. Before long, simple cooking or cleaning is exhausting for your parent, and then he or she is unable to care for basic hygiene without help.

Although this may be a slow progression, it may be difficult to face the facts and take steps to ensure the wellness and safety of your loved one. This includes exploring the options for long-term care.

Couple arrested for drug possession and breaking and entering

On behalf of Kirner & Boldt Co., L.P.A. posted in drug possession on Thursday, July 18, 2019.

When Ohioans are facing drug charges, it is not uncommon for there to be other charges lodged along with them. This can be for driving under the influence, theft, trespassing and more. When dealing with charges for drug possession, possession of drug paraphernalia and other allegations, it is important to understand that a conviction can result in jail time, fines and long-term problems. A strong legal defense is crucial to confront the charges and seek an acceptable resolution.

A man and a woman are facing drug charges and breaking and entering charges after they were allegedly found hiding on the property of a tire shop. The couple, both 37, were found at around 10:30 p.m. after law enforcement was called. They were inside a fence at the tire store. Officers claim they found them, and the man climbed over the fence. He was then arrested. The woman would not climb the fence, so the lock on the gate needed to be cut for her to be taken into custody. Police stated that the women had syringes in her backpack and refused to identify herself, but law enforcement later found out her identity. The man was arrested on charges of drug possession as he had methamphetamine. He was also charged with breaking and entering.

New bill provides viable alternative for drug possession charges

On behalf of Kirner & Boldt Co., L.P.A. posted in drug possession on Wednesday, July 3, 2019.

An arrest on drug possession charges and other allegations related to drugs in Ohio can cause significant problems in a person's life. With the possibility of jail time, fines and more, it is a profound negative on the person's record. In addition, the arrest and conviction does little to help those who are suffering from an addiction and need treatment more than they need incarceration. Having a viable defense against drug charges is only part of the process. If there is a drug diversion program available, this can be beneficial.

Keeping track of the laws related to these issues is key and a recent vote brings the state closer to tilting toward treatment instead of punishment. Those who are dealing with drug charges should be aware of this as they prepare for their case. An overwhelming majority in the Ohio House of Representatives voted to reform the drug laws and provide treatment instead of a conviction for people who are addicted. Currently, an estimated 1,600 of the 2,600 people who are incarcerated for drug possession had small amounts on them. The goal of the new bill is to seek alternatives to punishing people for being addicted.

What are the grounds to file a divorce in Ohio?

On behalf of Kirner & Boldt Co., L.P.A. posted in divorce on Thursday, June 20, 2019.

Not all Ohio marriages will work out as planned. For a variety of reasons, people might decide that they want to move forward with a divorce and end their marriage. There are many factors that will be part of this process. Before anything else, however, it is important to understand the basics. The law has certain requirements that must be met for a person to file for divorce and for the other party to file a counterclaim for divorce.

If either party was already married and the spouse was alive when the subsequent marriage took place, then it is a legal justification for a divorce. A party might have been absent from the marriage for one year. If the absence was willful, then the law allows for a divorce. If the spouse committed adultery, the court will allow there to be a filing for divorce. Extreme cruelty can encompass many behaviors from physical to mental and emotional abuse and more. This is a legal cause for there to be a divorce.

Man charged with drunk driving and other offenses after crash

On behalf of Kirner & Boldt Co., L.P.A. posted in drunk driving on Thursday, June 6, 2019.

When a person is charged with drunk driving in Cuyahoga County and the surrounding areas of Ohio, there are frequently other criminal charges associated with it. The penalties can accrue, which can cause significant problems in a person's life if they are not addressed as aggressively as possible with a strong legal defense. When there is an accident and a driver is not only accused of operating a vehicle after imbibing (OVI) but the driver is accused of fleeing as well, there can be major penalties.

A man was arrested for OVI and more after he crashed into an Ohio Department of Transportation truck and then acted as if he were a panhandler to keep from being arrested. The accident occurred on I-90 as the workers were filling potholes in the early-morning hours. After the accident, law enforcement said that the driver walked away and stood near the exit ramp. When officers spoke to him, he said he was panhandling. He had taken a container filled with money with him when leaving his vehicle. He denied having a role in the accident. However, officers asked him if he wanted his cellphone from the vehicle. When he responded in the affirmative, he was arrested. One worker was checked for injuries but did not require treatment.

Are you ready for summer driving?

On behalf of Kirner & Boldt Co., L.P.A. on Monday, June 3, 2019.

Winter in Ohio has its own hazards, including snow, sleet and black ice. Like many in this area, you may be relieved to feel the warmer weather, especially if you drive for any purpose. Those memories of trying to get home from work on icy roads in the blinding snow are fading away as summer approaches. However, maybe summer is not really a safer time to drive.

You know that any time you get behind the wheel, you are at risk of an accident that can leave you with lifelong injuries. In fact, there may be certain times of day when you try to avoid driving or certain Ohio roads that never seem safe to travel. Unfortunately, the summer months bring a unique set of dangers, and it is important to be prepared for them.

Severe consequences for refusing DUI testing

On behalf of Kirner & Boldt Co., L.P.A. on Friday, May 24, 2019.

You’ve been pulled over under suspicion of DUI. You’re scared, and a million thoughts are racing through your mind. Law enforcement asks you to take a breathalyzer or PAS (preliminary alcohol screening) test. The decision you make has serious consequences.

In Ohio, you may believe that if you refuse to take the PAS test you can avoid a DUI conviction. However, declining to take a DUI test often leads to more legal troubles than submitting to a DUI test. A DUI arrest results in a 90-day driver’s license suspension, and a conviction will increase the suspension to six months. In addition, you could spend three days to six months in jail.

A brief introduction to wills for Ohio residents

On behalf of Kirner & Boldt Co., L.P.A. posted in estate planning on Thursday, May 23, 2019.

The will is the foundation of many good estate plans. Depending on a testator's situation, it could suffice by itself as the sole document of their estate plan, or it could work with trusts and other tools as part of a more complex estate plan. Either way, having a will can be a great idea. The following is a brief introduction to wills.

A will is a legal document that states how the testator would like their assets, possessions and other interests disposed of after the testator's death. In Ohio, a testator must be at least 18 years old and of sound mind before they can make a valid will. To be of sound mind, one must be not living with dementia, serious mental illness or any other condition that would negatively impact one's judgment. Also, one must not be under duress -- in other words under undue pressure from others.