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Cleveland Criminal Law Blog

Mounting a strong defense to drug charges

Being faced with a drug charge in Cleveland, Ohio, is stressful. You either have to fight the charge or take the punishment that the court hands you -- so it makes sense to start looking at your possible defenses.

Today, we will look at the best way to mount a strong defense to drug charges in Ohio.

Is white collar crime prosecution on the decline?

Those facing white collar criminal charges are probably understandably nervous and stressed at the prospect of spending significant time behind bars or paying thousands (if not millions) of dollars in fines. But according to recent data, white collar criminal prosecutions are falling across the United States.

In an opinion piece for the Washington Post, Catherine Rampell makes the case that, despite some high-profile white-collar criminal cases in the news recently, the U.S. is actually on track for the fewest prosecutions in over 30 years (as far as the data goes).

What does cyberstalking include?

Cyberstalking is a rather loosely-defined crime in that it can encompass a whole host of different activities that are carried out online. As much as the internet has changed our lives and our communication over the past few decades, it has also changed criminal activity. It is important to know how this works.

Generally speaking, cyberstalking is just the act of harassing or stalking someone -- or, in some cases, an entire group -- using "electronic means." Often, this means going on the internet, but not always. For instance, text messages could also constitute cyberstalking. The same is true for messages on social media or emails. If it takes place on an electronic device, it may qualify.

DNA collection of criminal defendants in Ohio under scrutiny

Ohio maintains a database of DNA profiles. They are designed to aid police investigators as they track down criminals involved in cold cases and new cases alike. By law, everyone arrested on a felony charge is required to submit genetic material that can then be added to the system.

Unfortunately, a recent investigation has just determined that the majority of police departments have been somewhat haphazard in their collection methods. This has resulted in an uneven application of the law against some defendants and not others.

What are the 5 most financially damaging types of cybercrime?

In our digital era, more people have access to the internet than ever before. This has many advantages—it means that people around the world can communicate with each other more quickly than ever, sharing their experiences and ideas. However, the age of the internet comes with disadvantages as well: Cybercrime, for example, is at a peak.

 

Criminal histories hurt both colleges and students

The United States comes in first place for the world’s highest prison-population rate. A criminal history brings about various consequences. People lose their jobs, run into financial hardships and can sometimes get stuck in a vicious cycle. Students are no exception to the statistic, or the issues a tainted record can cause.

Study finds judges less likely to offer bail to black defendants

It is the goal of the criminal justice system to look at the facts of a case and distribute just and fair verdicts and punishments. It is an unfortunate reality that there are times when circumstances are not always fair, however.

A new study which will be printed in The Quarterly Journal of Economics has found that bail judges are less likely to offer bail to black defendants. This finding comes after examining data from over 160,000 cases in Philadelphia and Miami which took place over an 8-year period.

What do the courts consider before sentencing?

Felonies in Ohio are penalized in accordance with the felony sentencing guidelines within the state. The state published documents that state that the point of penalizing those who have committed crimes is to make sure the public is protected against future crimes. The courts aim to use the minimum number of sanctions against a person to accomplish the desired result without imposing unnecessary burdens on local or state resources.

The courts always consider whether or not there is a need for deterrence, rehabilitation, restitution and incapacitation. The sentence needs to be in line with the severity of the crime and should not be based on the offender's gender, ethnicity, religion or race.

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