The Goldberg Law FirmCleveland Criminal Defense Attorney | Drug Crimes & DUI Defense2024-02-22T19:31:48Zhttps://www.michaeljgoldberg.net/feed/atom/WordPress/wp-content/uploads/sites/1201557/2019/09/cropped-siteicongl-32x32.pngOn Behalf of The Goldberg Law Firmhttps://www.michaeljgoldberg.net/?p=488132024-02-22T19:31:48Z2024-02-22T19:31:48ZDrugged driving is the same offense as drunk driving
Ohio law does not establish much of a difference between drunk driving and drugged driving. Both are OVI offenses that carry the same potential penalties. Someone accused of drugged driving could lose their license, serve a sentence in state custody and face large fines because of their decision to drive after consuming certain substances.
There is no per se limit for drugs
Those accused of alcohol intoxication often face allegations of technically violating the law. Someone over the legal limit for their blood alcohol concentration (BAC) could get arrested even if they drive like a normal person. There is no such limit imposed for prescription and prohibited drugs. Any amount of a mind-altering substance in someone's bloodstream could be enough to charge them with an Ohio OVI offense.
A prescription is not protection from prosecution
Both prescription medication and prohibited drugs could potentially lead to someone's arrest and prosecution for an impaired driving offense. People sometimes assume that they can legally drive after taking prescription medication so long as they have a valid prescription and use the medication as recommended by the prescribing physician.
Especially if someone has taken the medication for years, they may feel confident that they have a tolerance and can drive safely while under the influence. State law does not necessarily differentiate between those who have legally used a prescription drug and those who have illegally used one for the purposes of OVI prosecution. The presence of an intoxicating substance in someone's bloodstream is the primary consideration.
There are ways to fight back against drugged driving OVI charges in Ohio. Discussing what led to someone's arrest with an attorney could help them identify potential defense strategies and move forward in informed ways.]]>On Behalf of The Goldberg Law Firmhttps://www.michaeljgoldberg.net/?p=488122023-12-27T13:12:30Z2023-12-27T13:12:30ZWhat are the possible penalties?
The consequences of an OVI conviction depend on multiple factors. Someone's driving record, the outcome of the incident and their blood alcohol concentration (BAC) all influence the penalties possible. Assuming that the incident did not cause injury to others and does not involve a particularly high BAC, a first-time OVI can lead to between three days and six months in jail, a license suspension for one to three years and up to $1,075 in fines.
Second offenses within 10 years of the first may lead to between 10 days and six months in jail, $1,675 in fines and up to seven years without a driver's license. Subsequent OVI charges with multiple prior convictions, cases involving injury to others and situations with particularly high BACs may involve far more serious penalties.
Could a guilty plea reduce the penalty possible?
Many motorists do not like the idea of going to trial after an OVI arrest. They do not want to spend time in court and worry about the expense involved in defending themselves. The idea of pleading guilty and asking the courts for a lenient sentence is certainly appealing. However, judges have control over the sentencing when someone pleads guilty. A judge could choose to impose the maximum sentence possible under state law. Drivers could still end up in jail, losing their licenses and at risk of massive fines even if they plead guilty for the sake of expediency.
How do people defend against OVI charges?
There are many different defense strategies that help people avoid an OVI conviction. Some drivers can establish that the police officers violated their rights, possibly by conducting an illegal traffic stop. Others could raise questions about the accuracy of chemical test results. Some people could provide a medical explanation for their test results, while others could bring questions about the calibration or maintenance of the testing unit. Every case is unique, which means that OVI defendants often need to review the state's evidence carefully.
Learning more about OVI charges by seeking legal guidance can help people who are facing charges and are hoping to avoid a conviction and the penalties the courts could impose.]]>On Behalf of The Goldberg Law Firmhttps://www.michaeljgoldberg.net/?p=488102023-10-27T04:28:50Z2023-10-27T04:28:50ZYour career
White-collar crimes are often more closely tied to one's profession than their personal history. For example, if you work in the banking sector and law enforcement accuses you of fraud or embezzling funds, the first thing that will happen is termination of your employment. Many companies have zero-tolerance policies for employees convicted of white-collar crimes. If you are fired, it will be even harder to land another job in a similar field.
Aside from losing your job, a conviction for white-collar crime can also damage your professional reputation irreparably. Clients may no longer feel comfortable doing business with you, leading to significant financial losses.
Your assets and finances
When law enforcement officers are investigating someone for a crime, even before an official conviction, they will ask the court to freeze the defendant's assets. This means you will not have access to your bank accounts, investments or any other financial resources until you resolve your case. Even if the court finds you innocent in the end, the time and money spent on your defense may have already depleted a sizable portion of your assets.
Your personal life
A white-collar crime charge can also take a toll on your personal life. The stress and anxiety of going through the legal process coupled with the potential loss of income and damaged reputation can strain relationships with family members and friends. It may also lead to social stigma and isolation from your community.
To avoid facing a white-collar crime charge in Ohio, understanding the potential repercussions can empower you to make informed decisions and adopt preventative measures. Staying abreast of the laws and regulations pertinent to your profession and fostering an environment of transparency and ethical decision-making can significantly minimize the risk of facing such penalties.]]>On Behalf of The Goldberg Law Firmhttps://www.michaeljgoldberg.net/?p=488092023-08-23T20:51:33Z2023-08-23T20:51:33ZAn increase in surveillance
Law enforcement officers may exploit avenues like your social media accounts, emails and phone calls to monitor your activities. You will suddenly start to receive suspicious friend requests, emails and calls from people you are not familiar with. You might also start to notice unmarked cars or police vehicles packed around your place of work or home for extended periods of time.
Others will start talking to your family, friends and former colleagues, inquiring about your whereabouts and activities. This is why it is always advisable to be aware of who you associate with and the kind of information they know about you.
Police contacts or visits you
Police officers may also take a direct approach and make contact with you. They might show up at your door or office to inquire about suspicious activities and ask questions about the fraud they suspect you to commit. It is important for you to know that regardless of how friendly they may appear, they have an ulterior motive – gathering evidence against you.
Your rights
Just because law enforcement officers are investigating you for fraud doesn't mean your rights are automatically waived. You still have the right to remain silent and not give any incriminating statements or evidence against yourself. They cannot search your person or property without a warrant or consent. You also have the right to contact a criminal defense attorney, under the Sixth Amendment of the United States Constitution, to represent you.
It's essential to note that an investigation does not equate to guilt; you are innocent until proven guilty in a court of law. Also, any interaction with law enforcement can significantly affect the case they might file against you. Therefore, maintaining silence when confronted is a prudent strategy to avoid unintentional self-incrimination. Ultimately, staying informed about your rights and remaining vigilant is the best way to protect yourself in case of a fraud investigation.]]>On Behalf of The Goldberg Law Firmhttps://www.michaeljgoldberg.net/?p=488032023-06-27T21:07:41Z2023-06-27T21:07:41ZRight to remain silent
You have the right to stay silent and not provide any answers to questions asked by the police. In most cases, you have no obligation to disclose private information about your activities, whereabouts or personal details unless legally required. For example, in some states, you must give your name if the police ask you to identify yourself, and if you refuse, it may result in an arrest. Clearly state your intention to remain silent if you exercise this right.
You also have the right to stay silent if questioned about immigration, such as when or how you entered the country, your citizenship or birthplace. However, separate rules apply at certain locations, such as airports, international borders and for those with a non-immigrant visa for travel or business.
Right to refuse searches
You have the right to refuse a search of your belongings and yourself. However, it is legal for police to pat down your clothing if they reasonably suspect you could be armed. Refusing consent to a search may not always prevent the police from performing one. Still, expressing your objection immediately upfront may help preserve your rights in subsequent legal proceedings.
Right to legal representation
You have the right to legal representation if the police arrest you, even if you cannot afford a criminal defense lawyer. You have a right to assistance from a government-appointed attorney. You must immediately exercise this right and ask for a lawyer before providing any explanations or signing any documents that you have not discussed first with legal counsel.
What to do if someone violates your rights
You must take appropriate action if you feel your rights were violated. First, document every detail you can remember, including the law enforcement agency, officers' badge numbers or patrol car numbers. Get contact information from any witnesses present. If you have sustained injuries, get medical attention and take photographs to document them. You can also file a complaint anonymously with the law enforcement agency's civilian complaint board or internal affairs division.
Knowing your rights is essential to protect them during police encounters. You can navigate legal situations more effectively by remaining calm, asserting your rights and taking appropriate action.]]>On Behalf of The Goldberg Law Firmhttps://www.michaeljgoldberg.net/?p=488022023-04-22T00:06:14Z2023-04-22T00:06:14ZSigns of surveillance
If you notice specific individuals or vehicles following you, it could mean you’re under surveillance. Although it’s difficult to detect surveillance by the FBI or local investigators, it’s not impossible. You might notice the same person or car following your every move. But it’s also possible that what’s happening is just a coincidence or some other type of surveillance.
A letter from the FBI
The FBI might send a target letter informing you of the investigation. If you receive this letter, there’s no doubt that you’re under investigation. You might want to start thinking about criminal defense and other legal matters.
The FBI or local officers approach you or acquaintances
Investigators might approach friends, family, customers, business partners or employees and ask questions about you. It’s common for those under investigation to learn about it from people in their social circle. If you get a call or visit from the FBI or law officers wanting to speak with you, there’s likely an investigation involved.
Warrant or subpoena
Receiving a search warrant or subpoena means you’re likely under investigation. Even if you’re not the main subject of the investigation, you’re still involved.
Dealing with investigation
If you’re concerned you’re under investigation, you might need legal counsel. FBI involvement is no laughing matter. An FBI investigation can lead to fines, probation and time in federal prison. Being investigated by local law officers can also result in fines, probation or time in jail.]]>On Behalf of The Goldberg Law Firmhttps://www.michaeljgoldberg.net/?p=488012023-02-23T22:16:13Z2023-02-23T22:16:13ZWhat constitutes a DUI?
Before exploring the possibility of getting your DUI dismissed, it is essential to understand what a DUI charge entails. In most states, a person can be charged with a DUI if caught driving with a blood alcohol concentration (BAC) above the legal limit of 0.08%. However, other factors can result in a DUI charge, such as driving under the influence of drugs or alcohol or refusing to take a breathalyzer or blood test.
Common ways of getting charge dismissed
One of the most common ways to get a DUI charge dismissed is to challenge the evidence against you. This can include challenging the breathalyzer results or blood test to determine your BAC. These tests can be inaccurate or flawed for various reasons, and if you can show that the results were invalid, it may be possible to get the charges dismissed.
Another way to get a DUI charge dismissed is to challenge the legality of the traffic stop. For a police officer to stop you, they must have probable cause to believe you have violated the law. If you can show that the officer did not have probable cause, you may be able to get the charges dismissed.
Additionally, you might have a valid medical condition that can affect your BAC levels, such as GERD or diabetes. In that case, you may get your charges dismissed if you provide evidence of your condition.
Challenges of getting a DUI charge dismissed
It is important to note that getting a DUI charge dismissed is not an easy feat. It requires a thorough understanding of the legal system and the ability to navigate the complex laws surrounding DUI charges.
A DUI conviction can have serious consequences, including fines, license suspension and even jail time, so it is important to do everything possible to defend yourself against these charges. Getting the charge dismissed is possible but requires a thorough understanding of the legal system. If you have been charged with a DUI, it is crucial to take the charges seriously and seek the option with the highest probability of success for your situation.]]>On Behalf of The Goldberg Law Firmhttps://www.michaeljgoldberg.net/?p=487992022-12-27T05:43:47Z2022-12-22T05:43:12ZConsequences of a DUI license suspension
If your driver’s license is suspended after a driving under the influence arrest, you face numerous consequences. You will not be able to drive to and from work, drop off and pick up your kids from school or even travel to medical appointments or run routine errands. Instead, you’ll be at the mercy of public transportation or rideshare services. Not being able to drive places is not only inconvenient, but it could also result in losing your job or not being able to secure a new one.
Then, there are additional consequences in the form of criminal penalties. Depending on whether it’s your first offense, you refused a breath test, you had a child in the car with you or you injured or killed someone during your DUI, your license can be suspended for varying lengths of time. At the very least, it could last anywhere from six months to three years for a first-time conviction. If you have four or more prior DUI convictions, your license might be indefinitely suspended.
Reinstating your license
Regardless of the length of your license suspension, you’re responsible for certain things in order to reinstate it. You must provide proof of auto insurance coverage, pay a fee of $475, attend a mandatory driving course and in some cases, retake the driving skills test.
It’s only after you have met all of these requirements that the Bureau of Motor Vehicles will reinstate your driver’s license. Also, depending on the circumstances of your arrest, you might need an interlock ignition device installed on your vehicle after your license is reinstated.
The best way to keep your driver’s license is to avoid consuming alcohol or any substance that could render you intoxicated when you know you’ll be driving. Staying sober saves lives, including your own.]]>On Behalf of The Goldberg Law Firmhttps://www.michaeljgoldberg.net/?p=486442022-10-21T01:00:25Z2022-10-21T01:00:25ZYou could lose your license
Many types of jobs require you to have a professional license to work. Doctors, lawyers, nurses, and other professionals are just a few examples. Unfortunately, you could lose your professional license if convicted of a crime. In some cases, you may be able to get your license back after serving your sentence, but this is not always the case.
You could get fired from your job
Some employers have a policy of firing employees convicted of crimes. The policy of firing is especially true if the offense is related to your job, such as embezzlement or fraud. However, even if your employer has no specific policy, they may still decide to fire you because of the criminal conviction.
You could have trouble getting a job
A criminal conviction can make it challenging to get a job, even if the conviction is not related to the position for which you are applying. Many employers run background checks on job applicants, and a criminal conviction could lead to your application getting rejected.
You could lose your security clearance
Specific jobs, such as those in the military or government, require a security clearance. Any criminal defense attorney will tell you that a minor criminal conviction can lead to your security clearance getting denied or revoked, and this could lead to you losing your job or reassignment.
You could lose your business
If you own a business, a criminal conviction could lead to the loss of your business. In some cases, the government may revoke your business license if you get convicted of a crime. Additionally, you may have trouble getting funding or insurance for your business if you have a criminal conviction.
If you are facing a criminal charge, the good news is that you have options. You can fight the charges and try to avoid a conviction, primarily if the charge is unrelated to your job. You can also negotiate with the prosecutor for a plea deal that would allow you to avoid a criminal conviction.]]>On Behalf of The Goldberg Law Firmhttps://www.michaeljgoldberg.net/?p=484192022-11-03T15:57:08Z2022-08-30T21:45:39ZSearch procedure problems
Police officers are often focused on making an arrest when conducting a DUI investigation, including violating search and seizure protocol. Not only must field sobriety tests be performed according to acceptable standards, but conducting a search without probable cause or permission can also result in an unlawful arrest.
Faulty BAC measurement device
All charges for drunk driving regarding alcohol use must be accompanied with a blood-alcohol measurement recorded using an approved mechanical device. These alcohol measurement machines must be in proper working order and also be calibrated on a regular basis. Evidence gathered from faulty measurement devices is not admissible as criminal case evidence in Ohio.
Inaccurate officer testimony
Police officer testimony is always accepted by the court unless it is contested in a criminal trial. Defendants who want to fight their charges are very limited in what the court will allow with respect to questioning officers, and public defenders will even assist the court in this manner if they refuse to cross-examine. Officer testimony can often be found inaccurate in strongly contested DUI cases.
All DUI defendants should realize that a conviction on impaired driving charges can have a major impact on life going forward for many years. Additionally, there will be a drivers license suspension of some period following a conviction. This can be very substantial for those convicted on multiple DUI charges.]]>