John A Boyd, Attorney in Mansfield, Ohio

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Legal Articles


Ohio Marijuana Laws Could Mean Felony Charges for Newer Products

marijuana and the legal system

The marijuana industry and culture is moving faster than Ohio lawmakers when it comes to establishing laws about how to charge possession of marijuana in its newest forms. Ohio law criminalizes the possession of marijuana and hashish, in its more traditional forms, as a misdemeanor offense. However, Ohio law lacks clear guidance as to how to treat the possession of the pure tetrahydrocannibanol, or “THC,” compound, which constitutes the primary active ingredient in marijuana.

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Why Create an LLC?

careful and attentive hands growing a new small business

Oftentimes, when a business is established, its founders are quick to start working and the business's organizational structure becomes an afterthough. Setting up an LLC is an important consideration when forming a business, whether your business is a start-up or ready to grow to a new level. Creating an LLC is simple, inexpensive, and offers its members' assets protection from company liability, and provides a tax savings when the members prepare their income tax returns. Feel free to contact the Attorney Boyd Law Office, Ltd. for a free initial consultation.

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The Anatomy of a DUI Case

dui keys and liquor

There are a variety of legal considerations that comprise a DUI case. If you ever face DUI charges, it is important to immediately obtain legal counsel. I want everyone with whom I meet to understand the DUI legal process and the facts that are important to their particular legal situation.

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Understanding a Criminal Case: From Arraignment to Trial

gavel

If you find yourself charged with a crime, you may be unfamiliar with the steps that you must navigate through the criminal justice system. Most importantly, if you are the subject of a criminal investigation, you need to know that you have the right to remain silent, and you should exercise it. If you have been pulled over for suspicion of OVI/DUI, you should also know that it may not be in your best interests to submit to standardized field sobriety tests, nor give a breath sample. Let’s assume that you have nonetheless been charged with a crime. Now what happens?

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Winning a Social Security Disability Case

win ssd claim

If you have applied for Social Security Disability Insurance (SSDI) or Supplemental Security Insurance (SSI) and been denied, you may be wondering what it pays, what you need to prove, and whether you should hire an attorney.

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6 Frequently Asked Questions About Chapter 7 Bankruptcy

bankruptcy hope

Are you contenplating filing bankruptcy? A bankruptcy is an effective means to stop a garnishment, lawsuit, or other debt collection activities. You can generally keep all of your assets and get rid of your debt. Here are 6 frequently asked questions to get you started.

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8 Reasons to Have a Will

last will and testament

Do you have a will? A simple will is inexpensive, and it makes important directives such as the care of your minor children and the disposition of your property upon your death. There are at least eight reasons you should get one.

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9 Frequently Asked Divorce and Custody Questions

marital discord - couple contemplating divorce

Now that you know the basics of the domestic relations court’s role, let’s look at some common questions that I hear from family law clients. Bear in mind, the answers to these questions cannot be construed as legal advice because, although there are general answers to these questions, every domestic relations case is fact-intensive and the answer to the question may change, given the right set of facts and circumstances. Additionally, it is crucial to know the propensities and views of your local domestic relations jurisdiction. The judge is deciding your case based on principles of fairness, equity, and what constitute a child’s best interests.

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Issues Considered in a Domestic Relations Action

marital discord - couple contemplating divorce

When a spouse moves out or decides to file for divorce, there are many common questions that arise. Domestic relations proceedings (divorce, dissolution, custody, paternity and child support) proceedings are driven by a relatively small number of governing rules and laws. As a consequence, domestic relations proceedings are extremely fact-intensive, and it is important that you hire a trained, experienced attorney who understands the rules and laws in domestic relations court, and therefore knows which facts are the important facts to focus on.

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A Step by Step Guide to Search and Seizure in Ohio

drug dog sniffing around car

The Fourth Amendment of the United States Constitution provides individuals a right against unreasonable search and seizure from the state. Generally speaking, a search must be conducted with a valid warrant, supported by probable cause. A warrantless search is only valid where there exists an exception to the warrant requirement. If a state actor (such as the police) violate one’s Fourth Amendment right against unreasonable search and seizure, the remedy is the suppression of the evidence improperly seized, as well as what is referred to as the “fruits of the poisonous tree.” If evidence is obtained from a constitutionally unreasonable search (the poisonous tree), and that evidence is used to justify further searching, then any additional evidence uncovered solely because of the subsequent search (tainted fruit) must also be suppressed.

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You Have the Right to Remain Silent: Exercise It!

Miranda Warning Card

During an initial consultation, many of my criminal clients tell me that they were never read their Miranda rights. If the client wasn’t read his or her rights, that’s usually the very first thing that I hear about. If you read nothing more in this post, remember this: if a police officer reads you your Miranda lights, a flashing neon light bulb should go off in your head: DON’T TALK.

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A Step by Step Guide to DUI OVI DWI in Ohio

Field Sobriety Test

You may find yourself facing a DUI, short for “Driving Under the Influence.” Ohio’s DUI statute is found in Ohio Revised Code (R.C.) 4511.19(A). When it comes to alcohol, there are two basic ways a person may be charged...

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Ohio Law Bans Red Light Cameras, Cities Sue -

Red Light Camera

Are red light cameras intended to increase safety at intersections or simply raise revenue for municipalities? Probably both. According to the City of Columbus, after its first red-light camera was installed in 2006, one particular intersection saw a 74% decrease in accidents between 2005 and 2008. While a “photo enforced” sign at an intersection certainly gets my attention, there is a due process concern where a red light camera snaps a photo or video clip of the traffic infraction. Ohio’s legislature has reacted, and Governor John Kasich signed a bill requiring a police officer to be present at photo enforced intersections.

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Sex Offender Faces 2-8 Years Prison for Failing to Report E-Mail Address

Handcuffs

The Fifth District Court of Appeals, which has jurisdiction over Richland County, issued a decision May 21, 2015 holding that a sex offender who in fact registers with the sheriff’s office but fails to provide his email address while registering is guilty of R.C. 2950.05(D), Failure to Register as a Sex Offender. In State v. Arnold, the charge was a second degree felony, which carried a prison sentence of 2-8 years, when the defendant failed to indicate his email address and other internet identifiers on his sex offender registration.

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Some Advocate Plea Deal Rules that would Rob Advocates' Judgment

Judge Michael Donnelly

Plea deals: are they necessary to keep the wheels of justice turning? According to Rachel Dissell of the Plain Dealer, many “lawyers, judges and ethics experts” believe plea deals should be made “in public” and not in “a backroom.” I don’t think many would argue that a plea deal, from start to finish, should be negotiated in public. That would inhibit attorneys’ and judges’ abilities to speak candidly about legal and factual positions in a case, jeopardize litigants’ abilities to have fair trials by publicly disclosing inadmissible evidence, and would otherwise be fraught with constitutional and practical impossibility.

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Private Universities’ Police Department Records Ordered Public, Subject to Freedom of Information Request

Otterbein University Logo

Historically, private individuals seeking private university police records have been denied under the premise that the university -- and hence its police department -- is a private entity. For example, in South Bend Indiana, ESPN sued the University of Notre Dame for access to campus police records regarding sexual assault cases. In that case, the lower court found that if a private college hires sworn police officers, those police departments are not separate legal entities from the university and therefore the records are private.

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NFL Football Players Prevail over Cleveland's Unconstitutional Income Taxation Practices

NFL Logo

If you think doing your taxes is difficult, try playing NFL football and filing an income tax return. Football players and other professional sports players must file their income taxes in every state and municipality in which they play. For example, a Major League Baseball player may have to file in 23 municipalities, 19 states and 2 countries (don't forget Canada!). The benevolent City of Cleveland made it unconstitutionally simple for visiting players. Cleveland's tax department calculated city income by a "games played" method, in which the number of games played in Cleveland was divided by the total number of games in the season to find the amount of the athletes income to tax (i.e., play 20 games in a season, only one of them in Cleveland, you report 5% of your income was earned in Cleveland). Of course, athletes attend training camps, practice, meetings, game preparation, etc., so their income is derived from far more than simply showing up at a game.

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