North Royalton Legal Blog

What you need to know about implied consent

On behalf of Kirner & Boldt Co., L.P.A. on Monday, October 22, 2018.

When an officer pulls you over and suspects that alcohol has impaired you to the point where you are legally unable to drive, they may ask you to compete a breathalyzer test or a test of your blood or urine. This test will determine your level of intoxication, also known as blood alcohol content.

All states in America have implied consent laws. These laws state that by driving you have given your consent to have your blood, breath and urine tested in the event that a police officer pulls you over on suspicion of a DUI.

The consequences for drunk driving are serious

On behalf of Kirner & Boldt Co., L.P.A. posted in drunk driving on Friday, October 12, 2018.

Since it happens to a lot of different people from all walks of life, Ohio residents may be tempted to think that getting an OVI charge, which is Ohio's terminology for a DUI, is not a big deal.

In fact, though, depending on one's facts and circumstances, any drunk driving charge, even a misdemeanor, is very serious and can potentially land even a first-time offender in jail.

How domestic violence charges affect custody in Ohio

On behalf of Kirner & Boldt Co., L.P.A. posted in divorce on Friday, September 28, 2018.

While everyone hopes otherwise, it is a sad reality that when marriages end, tempers between the two spouses often flare, and conflicts that may have long been buried come to a head. It is therefore not surprising in the course of a divorce that one side or the other winds up being accused, rightly or wrongly, of domestic violence.

Like other states, Ohio takes allegations of domestic violence seriously when it comes to protecting victims as well as children in the household.

Unbundled Legal Services

By Kirner & Boldt Co., L.P.A. of Kirner & Boldt Co., L.P.A. on Wednesday, September 26, 2018.

"Unbundled legal services" is a relatively new phrase, however the concept has been around for a long time. In any particular case there are many components and phases. When you work with an attorney on an "unbundled" basis, you are only working with him for one component or phase. For example, if you want to represent yourself in a divorce matter, and you want to make sure the complaint is filed and served correctly, you can hire an attorney to just do that. Maybe a post decree motion need to be filed, the attorney can help you with the process and procedure, and file the motion, but you can still represent yourself, if you so choose. You could hire an attorney to just prepare a QDRO or a quit claim deed, to draft a separation agreement, or a Judgment entry in divorce. Many parts of the process can be "sub-contracted," if you will, just to ensure that you are on the right path and legally and procedurally accurate. Some attorneys have no problem with this type of "unbundled work" others want to fully represent you in this matter. That choice, and that cost is up to you. Understand this is really a cost issue for you as a party to a case. The amount of time and money spent on full representation could be substantial. Due to this cost many people are trying to represent themselves, and as a result mistakes are being made. If you have an attorney just help with portions of the case, then you can make sure that the process is done right and your rights are protected by your attorney, with the added benefit of far reduced costs. Peter Kirner of Kirner and Boldt has been doing unbundled services for years, mostly in the area of divorce, dissolution, and other family law matters. Please contact him at 440-884-4300.

Almost everybody can benefit from estate planning

On behalf of Kirner & Boldt Co., L.P.A. posted in estate planning on Thursday, September 13, 2018.

We have to face that most people in the greater Cleveland area are not particularly well-to-do. They may have some modest savings, own a house and car and contribute to a 401(k), but they will not be leaving millions to their loved ones should they die.

Still, even people with relatively modest means can and really should consider doing some estate planning while they are in good health and have the wherewithal to go through the process.

Mediation (dissolution)

By Kirner & Boldt Co., L.P.A. of Kirner & Boldt Co., L.P.A. posted in divorce on Friday, September 7, 2018.

Marijuana possession still carries consequences in Ohio

On behalf of Kirner & Boldt Co., L.P.A. posted in drug possession on Wednesday, August 29, 2018.

You may have heard that Ohio is one of the states to have decriminalized possession of small amounts of marijuana. What exactly does this mean?

It does not mean that possession of marijuana for recreational use is legal in Ohio. Rather, it means that jail time is not on the table for certain marijuana offenses in the state.

When can your landlord retain your security deposit?

On behalf of Kirner & Boldt Co., L.P.A. on Monday, August 27, 2018.

Your landlord has a legal obligation to return your security deposit. However, there are a few circumstances in which they don’t have you repay you, for example: