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Columbus Criminal Law Blog

Ohio Victims of Violent Crime Compensation Fund

  • 04
  • October
    2011

Every state in the U.S. has some form of crime victims' compensation program that reimburses crime victims for expenses that they incur as a result of the crime. Ohio's program is called the Victims of Violent Crime Compensation Fund. The fund has paid out more than $307 million to those involved with violent crimes such as homicide, sexual assault and domestic assault since it started. In 2010 alone, 7,438 people applied for assistance from the fund and Ohio paid out $10.6 million to 4,334 people. The funding for the program comes from court costs that criminal defendants pay, federal grants and Ohio driver's license reinstatement fees.

New Law in Ohio Overhauls Sentencing Provisions, Reduces Inmate Numbers

  • 13
  • September
    2011

Governor Kasich's recent signature of House Bill 86 will ensure criminal-sentencing reforms that some commentators see as an end to two decades of harsh crime fighting policies that never achieved what they promised. The basic reasoning behind this view: strict and lengthy sentencing of defendants convicted of drug crimes and other nonviolent offenses are very costly to taxpayers, but fail to produce proportional benefits to society.

The Ohio Department of Rehabilitation and Correction estimates that the many reforms contained in the law will reduce the state inmate population by up to 7,000 in the next four years. That adds up to projected revenue savings of almost $50 million. Ohio's current prison population of over 50,000 exceeds design capacity by almost a third.

OH Supreme Court Finds Provisions of Sex Offender Law Unconstitutional

  • 23
  • August
    2011

In November of 2007, George Williams pleaded guilty to unlawful sexual contact with a minor, a fourth degree felony. Although Williams' offense occurred in May 2007, he was subjected to the enhanced sex offender registration and community notification requirements contained in Ohio's Senate Bill 10. Under S.B. 10, Ohio courts were to apply new standards for sex offenders sentenced after July 1, 2007, regardless of the date of the offense.

Williams appealed, challenging the retroactive application of the new sex offender reporting guidelines. After a series of legal battles, on July 13, 2011, the Ohio Supreme Court issued an opinion in Williams' case, which struck down portions of the law. The Williams' ruling will have implications for thousands of the state's sex offenders.

Child Pornography: Federal Sentencing

  • 22
  • July
    2011

Few areas of law are as sensitive as sex crimes involving minors. These offenses often carry harsh sentences in addition to a stigma that can haunt convicted offenders, guilty or innocent, for life.

Child pornography is considered to be any image or material that depicts a person under the age of 18 years engaged in or simulating an act of sexual conduct. While charges can be brought at the state or federal level, most child pornography crimes related to the internet are charged as federal crimes. Federal law prohibits:

•· Possessing this material

•· Distributing or exchanging it

•· Employing children to participate in it

•· Advertising it

•· Developing, duplicating or printing it

Federal Judges Decry the Limitations of the Fair Sentencing Act of 2010

  • 07
  • July
    2011

For years, many federal judges have lamented that criminal sentencing guidelines for defendants who were convicted of drug crimes involving cocaine are unfair. Some consider sentencing guidelines to be racist. Since the guidelines were instituted, defendants convicted of drug crimes involving powder cocaine offenses have been sentenced to much shorter prison terms than defendants convicted of drug offenses involving the same quantities of crack cocaine. Historically, black defendants have been more likely to be involved in offenses related to crack cocaine, while white defendants have been more likely to be involved in offenses related to powder cocaine.

New Laws Would Ratchet Up Pressure on Businesses with Offshore Accounts

  • 22
  • June
    2011

Senator Carl Levin has again introduced criminal tax evasion legislation - the 2011 version of 2004's Stop Tax Haven Abuse Act (STHAA) and the Incorporation Transparency and Law Enforcement Assistance Act (ITLEAA). These bills are aimed at combating tax fraud by increasing criminal and civil penalties on both businesses that place untaxed funds into offshore accounts and banks which accept the money.

Department of Education Guidelines Aim to Change Way Colleges Handle Sexual Assault

  • 01
  • June
    2011

New guidelines - issued by the United States Department of Education and made public by Vice President Joe Biden - set forth revised criteria for schools, colleges and universities to use in order to stem the tide of sexual violence on campuses across the country. The guidelines were created in part due to recent surveys which indicate that as many as one in five college-age females are victims of sexual violence in some form and that over 10 percent of high school-age girls report that they were pressured, coerced or under duress before they first had sex.

Staying Current with Legal Issues

  • 06
  • April
    2011

Things change fast in the legal world. Every day, state legislatures and judges make hundreds of decisions that impact the way cases are prepared and presented for court. At Scott & Nemann Co., LLP in Columbus, we know how important it is to stay current with legal issues. We follow the legal stories that will have an impact on the strategies we use while protecting your rights.

We also know that keeping you informed about the legal process will help you make better decisions about your own case. This Blog page is intended to serve as a forum for discussing case law and relevant court decisions in the legal areas of sex crimes, DUI/OVI, drug crimes, sex crimes and white collar crimes. Periodically, we will update the information and Blog topics, so please return often to see our most current post and comments.

Our firm has always placed an emphasis on personalized attention and responsiveness to our clients' concerns. Your input means a lot to us and we take your comments seriously. We invite your feedback about this and future Blog posts on this page. Thank you for visiting. Call us at 866-604-4026 or contact us by e-mail to discuss your specific legal need today.

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