Daniel Gigiano Reviews Ohio Jury Selection

Ohio Jury Selection by Attorney Daniel Gigiano

Wadsworth Municipal Court

Ohio jury selection is part psychology, part hunch.  In a few minutes, attorneys must decide if a person could be fair in a particular case.  That person could be a very fair person, but may not be able to decide a particular case fairly.  On the other hand, another person may usually side with a particular side, but just may do so in a particular situation. 

Stereotypes Do Not Work In Ohio Jury Selection

The first rule in jury selection is not to rely on stereotypes.  While stereotypes can provide a good

Medina County Courthouse

starting point, the potential juror needs to be questioned as to his or her particular beliefs and biases.  For example, I am Italian and I love Italian food.  While I know it may be hard to believe, there might be some Italian person out there that does not like Italian food.  Another possibility is that the person has an Italian last name but does not identify as Italian.  Perhaps, the Italian culture in that person’s family is long gone and replaced by other cultures, or simply the American culture.  This also holds true for professions.  While many social workers and teachers may tend to be sympathetic to people’s feelings and pain, there may be some who are more skeptical.  The point is before a lawyer starts assuming he or she has a juror who can explain some Italian cultural or cuisine item to the rest of the jury, make sure the potential juror fits the bill.

Select Ohio Jurors Based On Their Experiences And Beliefs

Wayne County Municipal Court

The second rule is to get right at what drives that person.  Get right at

Akron Municipal Court

the person’s experiences and beliefs.  Most of the time, an attorney only gets a few questions per juror to determine this.  I devote some technical questions to determine someone’s intellectual beliefs.  Then, I ask some questions about how they feel about certain topics to determine their emotional beliefs.  If there is going to be a unique approach to the trial, I may ask the jurors if they have any issues with that approach.  For example, I tried a case where we slowed down the security video footage to get a better look at what happened.  I simply asked the jury how they felt about instant replay.  The jurors who liked it would likely appreciate the value in slowing down the video to examine the events.  The jurors who did not like instant replay would likely tune out all the hard work we put into slowing down the video for their benefit. 

Select Ohio Jurors With Values Favorable To The Facts Of Your Case

Medina Municipal Court

The third rule is ask jury questions that hit on values related to the case, without describing the case they will be hearing.  The judge may not allow me to ask questions that get too close to the facts of the case, so I usually have to be careful.  The judge limits questions like that because he or she does not want me to gather a straw poll on the potential verdict.  Would I like to do that?  Of course I would.  On the other hand, I would not put too much stock in that process anyway, as a simplified version of the facts may not match that juror’s view of the facts after hearing the evidence.  Different jurors focus on different things.  Sometimes, they ask themselves if the Defendant is acting the way he or she should be acting in such a situation.  This can be a brutal analysis, as one charged with a crime may be extremely nervous and struggle to get his or her words out, making it look like they are not acting right.  Sometimes, this intuitive approach is telling; other times, it is misleading.  Yet, jurors bring in their lifetime of experiences and techniques in analyzing people.

Attorney Daniel Gigiano.  Experienced.  Aggressive.  Dedicated.

Attorney Daniel Gigiano was admitted to the practice of law in Illinois in 1993.  He immediately

Attorney Daniel Gigiano

began practicing as an assistant prosecutor working in a courtroom that focused on major traffic cases, such as DUI and driving under suspension, spending over one year focusing on the many issues in these cases.  Attorney Daniel Gigiano then spent the next five years of his government practice working on misdemeanors, felonies, grand jury and preliminary hearings, juvenile delinquency cases, and abuse and neglect cases.  In 1999, he was admitted to practice in Ohio.  In 2000, he took his experience to a private practice in Wadsworth, Medina County, Ohio.  Attorney Gigiano has maintained a practice in Wadsworth since that time.  During his private practice, he has tried numerous criminal and civil jury trials to verdicts.  Call now at 330-336-3330 if you need the services of an experienced Medina County trial attorney in Wadsworth.     

         

Daniel Gigiano Reviews Lower DUI Limits

Will Ohio Lower DUI Limit To .05?

 

Will Ohio lower DUI limit to .05?  In March 2017, Utah’ legislature set up the state to become the first state to lower the legal threshold for drinking and driving to .05 blood alcohol concentration.  While states are looking to get more aggressive with DUI laws, such efforts can result in problems in the actual application of the law.  This articles examines the law and the impracticality of enforcing the law on the street and in the courtroom.

Proposed DUI Law Criticized

Critics have said the bill fails to address the real problem, which are the 77% of alcohol-related traffic

deaths in Utah caused by drivers with a blood-alcohol content of 0.15 and above.  The proponent of the law said the problem with the 0.08 BAC law is that “it send the message that you can drink up to a certain point and then drive.”  The proponent then noted that several foreign countries have a 0.05 limit. 

Proposed DUI Law Problems

The field sobriety tests were designed to determine if someone is at a 0.10 BAC or above.  When states lowered the limit to 0.08, that already signaled a move away from criminalizing driving under the influence and towards outlawing drinking and driving.  A 0.05 BAC limit is simply another step in that direction.  Someone at 0.05 could very well pass the field sobriety tests.  If the person is not under the influence of alcohol, can that person be arrested?  If the person cannot be arrested, the request for a breathalyzer does not occur. 

Attorney Daniel Gigiano.  Experienced.  Aggressive.  Dedicated.

Attorney Daniel Gigiano was admitted to the practice of law in Illinois in 1993.  He immediately

began practicing as an assistant prosecutor working in a courtroom that focused on major traffic cases, such as DUI and driving under suspension, spending over one year focusing on the many issues in these cases.  Attorney Daniel Gigiano then spent the next five years of his government practice working on misdemeanors, felonies, grand jury and preliminary hearings, juvenile delinquency cases, and abuse and neglect cases.  In 1999, he was admitted to practice in Ohio.  In 2000, he took his experience to a private practice in Wadsworth, Medina County, Ohio.  Attorney Gigiano has maintained his private practice in Wadsworth since that time.  Call now at 330-336-3330 if you need the services of an experienced Medina criminal defense attorney in Wadsworth.             

Daniel Gigiano Reviews Ohio Felony Theft Laws

In this article, Attorney Daniel Gigiano reviews Ohio felony theft laws.  Unless otherwise specified by law, theft is a misdemeanor in Ohio.  Theft of property one thousand dollars or more is a felony in Ohio.  Theft of certain listed items also elevate theft to a felony in Ohio.  This article examines how Ohio defines felony theft.

Ohio Felony Theft Values

Ohio Felony Theft Laws are defined in Ohio Revised Code 2913.02.  If the value of the items total one thousand dollars or more but less than seven thousand five hundred dollars, then the offense is theft, a felony of the fifth degree.  This offense has a maximum prison term of twelve months.  If the value of the items total seven thousand five hundred dollars or more and less than one hundred fifty thousand dollars, the offense is grand theft, a felony of the fourth degree.  This offense has a maximum prison term of eighteen months.  If the value of the items total one hundred fifty thousand dollars or more and is less than seven hundred fifty thousand dollars, the offense is aggravated theft, a felony of the third degree.  If the value of the property is seven hundred fifty thousand dollars or more and is less than one million five hundred thousand dollars, the offense is aggravated theft, a felony of the second degree.  If the value of the property is one million five hundred thousand dollars or more, the offense is aggravated theft of one million five hundred thousand or more, a felony of the first degree. 

Ohio Felony Theft For Specified Items 

Theft of certain items are automatically felony offenses, regardless of the value of the property.  These specific offenses are set forth in Ohio Revised Code 2913.02 (R.C. 2913.02) and Ohio Revised Code 2913.71 (R.C. 2913.71).  Fifth degree felonies include: theft of a credit card; theft of a license plate; and theft of a blank motor vehicle certificate of title.  Fourth degree felonies include: motor vehicle theft and theft of a dangerous drug.  Third degree felonies include: theft of a police dog, theft of a firearm and theft of anhydrous ammonia.  This last item has been a hot topic in Medina County over the past five years, as farmers commonly use or store increasingly larger amounts of anhydrous ammonia for use as a fertilizer.  Anhydrous ammonia is also an ingredient in methamphetamines, which makes it a theft target.  Finally, theft of a firearm from a federally licensed firearms dealer is a felony of the first degree.

Attorney Daniel Gigiano Reviews And Articles

To learn more, read my other related posts, where I wrote about will that Ohio judge go along with my agreed sentence, not all fifth degree felonies are alike in Ohio, how to keep from going to jail, make sure you do not serve the same time twice in Ohio jail, Ohio DUI laws have new changes, the price of Ohio shoplifting, and sealing Ohio convictions.  I have successfully defended individuals for both misdemeanor and felony offenses, including felony theft, as set forth in the case highlights section.  This success is reflected in the following links to my reviews:  Daniel Gigiano reviews; Daniel Gigiano ratings; and Daniel Gigiano work.    

Attorney Daniel Gigiano.  Experienced.  Knowledgeable.  

Attorney Gigiano’s office is located at 102 Main St., Ste. 200,  just a short distance from Medina, Ohio.  If you have questions about this or other questions you need answered by an experienced Wadsworth criminal defense attorney in Medina County, please call Attorney Daniel F. Gigiano at 330-336-3330.  Attorney Gigiano has tried over thirty-five jury trials to a verdict, many of them in Medina County, Summit County and Wayne County.  There is no substitute for experience and a record of success.         

Daniel Gigiano Reviews Ohio Court Personnel

Ohio Courts And The People Who Work There

Wayne County Courtroom

Identifying courts and court personnel in Ohio requires the right resources.  There are trial courts,

courts of appeals, supreme courts, and the people who work at these courts.  In this article, Attorney Daniel Gigiano reviews the people who work in some of the most common types of courts in Ohio.  

Ohio Courts: Trial Courts

Medina County Courthouse

These courts are where evidentiary hearings, or trial are held.  News reports of someone pleading not guilty or a jury trial are referring to activities in trial courts.  In Ohio state courts, trial courts include municipal courts and courts of common pleas.  In the courts of common pleas, there are several divisions: general division, domestic relations, juvenile, and probate.  The general division handles felony cases and civil cases, such as personal injury and foreclosure cases.  In federal courts, the district court handles criminal and civil cases, while the bankruptcy courts handle all matters falling under the bankruptcy code. 

Ohio Courts: Courts of Appeal

Ninth District Court Of Appeals

If you disagree with the trial court’s decision, you can appeal it.  Courts of Appeal review the actions,

procedures and decisions of the trial court.  Ohio courts of appeal hear appeals from Ohio trial courts, usually after a final appealable order has been issued.  Federal courts of appeal hear appeals from federal district court.  Federal courts of appeal also hears appeals from bankruptcy court, usually after an intermediate bankruptcy appeals court hears the case.

Ohio Courts: Supreme Courts

U.S. Supreme Court

The Ohio Supreme Court usually hears cases from the Ohio courts of appeal.  In certain instances, it hears appeals directly from the trial court.  This court serves the same function as the courts of appeals.  However, this court, in its decisions, keeps an eye on policy issues important to the State of Ohio.  This court also drafts rules for the lower courts to follow.

The United States Supreme Court hears appeals from federal courts of appeals and state supreme courts, including the Ohio Supreme Court.  The United States Constitution sets forth the limited times that this court will serve as the trial court.

Ohio Courts: Court Personnel

Some of the people who work in these courts include:

Summit County Courthouse

Justice:  a term that refers to an appellate or supreme court judge.

Judge:  presides over trials and makes decisions in trial courts. 

Bailiff:  the judge’s assistant; in many courts, serves people with court documents, such as subpoenas.

Clerk of Courts:  keeps records of cases, accepts filings and payments on behalf of the court. 

Daniel Gigiano Reviews And Bio

Attorney Daniel Gigiano

Attorney Gigiano is an experienced Medina County lawyer in Wadsworth.  His positive work is reflected in the following links to his reviews: Daniel Gigiano ratings; Daniel Gigiano; Work of Daniel Gigiano; Daniel Gigiano work; Daniel Gigiano reviews.  Call Attorney Gigiano at 330-336-3330 if you need the services of a Wooster lawyer near Orrville, a Massillon lawyer near Canal Fulton, or an Akron lawyer near Barberton, please call Attorney Daniel F. Gigiano at 330-336-3330.    

         

Daniel Gigiano Reviews Ohio Public School Student Searches

Ohio Public School Student Searches

When Ohio public school student searches occur, those Ohio students are protected by the Fourth Amendment to the United States Constitution.  The Fourth Amendment protects people in the United States from unreasonable searches and seizures.  Students can be searched if there are reasonable grounds for suspecting the search will turn up evidence that the student has violated or is violating either the law or the rules of the school.    

Fourth Amendment To The United States Constitution

The Fourth Amendment To The United States Constitution states as follows:

“The right of the people to be secured in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Ohio Public School Student Searches Include Drug And Alcohol Tests

Ohio public school student searches include drug and alcohol tests.  These tests are searches limited by the Fourth Amendment.  Public schools can test students for drugs or alcohol if there is reasonable suspicion that the student has consumed alcohol or drugs.  Reasonable suspicion exists if the student looked impaired and there was reliable information the that the student recently consumed alcohol or drugs.

Random Drug Testing Of Students Is Limited

Ohio schools cannot have a random drug-testing policy for all students.  Ohio schools can have random drug-testing for students who participate in school activities, such as athletics, band and choir. 

Attorney Daniel Gigiano.  Experienced.  Aggressive.  Dedicated.

Attorney Daniel Gigiano was admitted to the practice of law in Illinois in 1993.  He immediately began practicing as an assistant prosecutor working in a courtroom that focused on major traffic cases, such as DUI and driving under suspension, spending over one year focusing on the many issues in these cases.  Attorney Daniel Gigiano then spent the next five years of his government practice working on misdemeanors, felonies, grand jury and preliminary hearings, juvenile delinquency cases, and abuse and neglect cases.  In 1999, he was admitted to practice in Ohio.  In 2000, he took his experience to a private practice in Wadsworth, Medina County, Ohio.  Attorney Gigiano has maintained his private practice in Wadsworth since that time.  Call now at 330-336-3330 if you need the services of an experienced Medina criminal defense attorney in Wadsworth.              

Daniel Gigiano Reviews Mental Capacity For Wills

Will Changing Mental Capacity

In 2016, the Ninth District Court of Appeals decided that a person under legal guardianship can

execute a valid will, ruling on will changing mental capacity.  Even more notable are the reasons: he suffered from schizophrenia, post traumatic stress disorder, had a low IQ and was a frequent drug user.  Using traditional analysis, the court determined that he had the capacity to execute a will. 

Will Changing Mental Capacity Factors

In order to have the capacity to execute a will, one must understand: (1) that he or she is drafting a will; (2) what he or she owns; (3) who his or her natural heirs would be without a will; and (4) his or her relation to the members of his or her family.  Such understandings are at the level of a layperson and not an attorney.  This means the person should be able to state whether or not he or she owns real estate, vehicles and other property.  The person should be able to recall all of his or her biological and adoptive children.  These are just a few examples, but the point is that this is not a highly complex level of understanding. 

Court Of Appeals Will Change Mental Capacity Decision

The court of appeals did note that being subject to guardianship creates a presumption that one lacks

the capacity to execute a will.  However, that presumption can be overcome by showing facts that support the four factors for capacity to execute a will. 

In the case at hand, the person changed his will and family members asserted that the will was invalid.  In reviewing the evidence, the Ninth District Court of Appeals decided that the presumption of lack of capacity was rebutted.  However, this does not end the inquiry, as this only rules out automatic lack of capacity.  Once this occurs, the court disregards the guardianship as evidence of lack of capacity and looks at other evidence of capacity to execute a will.  For technical reasons, the court sent the matter back to the probate court to consider conflicting testimony on competency, which could affect the capacity to execute a will.   

   

The Ninth District Court of Appeals also considered the issue of undue influence.  Undue influence is not the mere presence of some influence.  Undue influence occurs when the person’s will is so overpowered that he or she is no longer expressing free will in executing the will, but is expressing the will of another.  The factors are: (1) a susceptible person; (2) another’s opportunity to exert influence on the person; (3) attempted or actual improper influence; and (4) a result showing the effect of such influence. 

Attorney Daniel Gigiano.  Experienced.  Knowledgeable.

Attorney Daniel Gigiano is a Wadsworth probate lawyer, who serves the needs of clients in Medina County, Wayne County and Summit County.  Call now at 330-336-3330 if you need the services of an experienced probate attorney.      

         

Daniel Gigiano Reviews Ohio Felony Sentencing

Wayne County Courtroom

Ohio felony sentencing laws place most Ohio crimes into five classes.  These range from the lowest (fifth degree felony) to the highest (first degree felony).  This article will focus on the basic sentencing scheme.  This article will not discuss specialized Ohio felony sentencing laws, such as the death penalty, life imprisonment, and mandatory additional prison time.  Rape and murder are crimes that fall into such specialized Ohio felony sentencing laws. 

Ohio Felony Sentencing Range

Medina County Courthouse

The lowest offense is a fifth degree felony, which carries six to twelve months in prison.  Next, comes the fourth degree felony, which carries six to eighteen months in pris

on.  Third degree felonies have two tiers.  The upper tier carries one to five years in prison.  The lower tier carries nine to thirty-six months in prison.  Second degree felonies carry two to eight years in prison.  Finally, first degree felonies carry three to eleven years in prison. 

Ohio Prison Presumption

Summit County Courthouse

Unless certain factors apply, Ohio law guides judges against imposing prison time for fourth and fifth degree felonies.  There is no presumption for third degree felonies.  There is a presumption for imposing prison time for first and second degree felonies. 

Ohio Felony Sentencing Chart

Felony classification	Presumption	Sentencing Range
Fifth degree felony	Against prison	6-12 months
Fourth degree felony	Against prison	6-18 months
Third degree felony-lower	None	9-36 months
Third degree felony-higher	None	12-60 months
Second degree felony	For prison	2-8 years
First degree felony	For prison	3-11 years

Attorney Daniel Gigiano.  Experienced.  Aggressive.  Dedicated.

Attorney Daniel Gigiano

Attorney Daniel Gigiano was admitted to the practice of law in Illinois in 1993.  He immediately began practicing as an assistant prosecutor working in a courtroom that focused on major traffic cases, such as DUI and driving under suspension, spending over one year focusing on the many issues in these cases.  Attorney Daniel Gigiano then spent the next five years of his government practice working on misdemeanors, felonies, grand jury and preliminary hearings, juvenile delinquency cases, and abuse and neglect cases.  In 1999, he was admitted to practice in Ohio.  In 2000, he took his experience to a private practice in Wadsworth, Medina County, Ohio.  Attorney Gigiano has maintained a practice in Wadsworth since that time.  Call now at 330-336-3330 if you need the services of an experienced Medina DUI attorney in Wadsworth.      

         

Daniel Gigiano Reviews DUI Blood Tests

Mandatory DUI Blood Tests Unconstitutional

DUI Blood Tests

Many states, including Ohio, criminalize the refusal to submit to alcohol testing after being arrested for DUI.  The United States Supreme Court, in ruling mandatory DUI blood tests unconstitutional, imposed severe limits on such state laws.

In its 2016 decision, the U.S. Supreme Court upheld warrantless breathalyzer tests but struck down warrantless blood tests for DUI investigations.  The Supreme Court concluded that breath tests are not very intrusive and that state have a compelling interest in preventing

drunk driving.  Obtaining blood draws are more intrusive, as they involve piercing the skin and extracting a part of the subject’s body. 

Background

States used to just impose license suspensions for refusing tests for measuring blood alcohol levels.  States began passing tougher DUI laws by increasing penalties for higher blood alcohol levels.  Faced with greater criminal penalties, suspects had a lot of motivation to refuse a test measuring blood alcohol if they felt it would result in high enough levels to require such increased penalties.  The states responded by making refusal of alcohol tests a crime. 

Impact on Ohio DUI law

Horizontal Gaze Nystagmus Test

Ohio DUI laws make it a crime to refuse any testing for alcohol or drugs if one is also guilty of DUI.  In other words, refusal of alcohol testing is not a crime in Ohio if one is not operating a motor vehicle while impaired. 

Due to the U.S. Supreme Court decision, Ohio’s law criminalizing refusal to take blood tests is unconstitutional.  If law enforcement wants a blood tests, they will have to get a warrant.  However, I believe it is no longer a crime to refuse a blood test after being arrested for OVI in Ohio.  This does not mean that some police officer, prosecutor and court will not try to enforce this invalid law.  It simply means that I believe, in the end, one would prevail on this issue.  

If you would like to read more about Ohio OVI laws, take a look at my white paper on Ohio OVI law. 

Attorney Daniel Gigiano.  Experienced.  Aggressive.  Dedicated.

Attorney Daniel Gigiano was admitted to the practice of law in Illinois in 1993.  He immediately began practicing as an assistant prosecutor working in a courtroom that focused on major traffic cases, such as DUI and driving under suspension, spending over one year focusing on the many issues in these cases.  Attorney Daniel Gigiano then spent the next five years of his government practice working on misdemeanors, felonies, grand jury and preliminary hearings, juvenile delinquency cases, and abuse and neglect cases.  In 1999, he was admitted to practice in Ohio.  In 2000, he took his experience to a private practice in Wadsworth, Medina County, Ohio.  Attorney Gigiano has maintained a practice in Wadsworth since that time.  Call now at 330-336-3330 if you need the services of an experienced Medina DUI attorney in Wadsworth.      

         

Daniel Gigiano Reviews Ohio Traffic Accident Tips

What should you do if you are involved in a traffic accident?  If you get involved in a traffic accident on a public road, you are required to do a number of things.  First, you must stop and remain at the scene.  You must also give your name, address, vehicle license plate number, and name and address of the vehicle owner to the police, persons injured in the accident and to the operator, occupant, or owner of the damaged vehicle.  If he injured person is not in a position to understand or receive this information, you must immediately notify the nearest police authority of the location of the accident, your name and address and your vehicle license plate number.  You must also show your driver’s license to anyone who requests it.  You must also remain at the scene until the police arrive, unless you are transported to another location by ambulance. 

Do Not Immediately Leave The Scene

If you get involved in an accident on a private road, you must still stop at the scene. Upon request,

you must show your driver’s license, and give your name, address, vehicle license plate number, and the name and address of the vehicle owner.  If you do not give this information to the owner or person in charge of the damaged property, you must give the information to the police within 24 hours, along with the date, time and location of the accident.  

If you hit a parked vehicle on a public or private road, you must firmly attach to it in a conspicuous place your name, address, vehicle license plate number and the name and address of the vehicle owner. 

Although you may not always be required to notify the police after an accident, it may be a good idea to do so, because the police can examine the accident scene and divert traffic in the area.  The information that the police gather may be important in the future.  You are not legally required to file a crash report with the Bureau of Motor Vehicles (BMV), but may do so within 6 months of the accident, using BMV Form 3303, to report that a driver or owner of a vehicle in the accident was not insured.  The BMV may suspend the driver or owner’s driver’s license as a result. 

Show Proof Of Insurance

If you are cited for a traffic ticket and do not show proof of insurance, you must show proof of insurance to the clerk of courts handling your traffic citation.  If you do not do so, you will have a limited (very limited) opportunity to show proof of insurance to the BMV following a conviction on the citation.  If you do not do so, your driver’s license will be suspended from 90 days to two years, you will have to pay a reinstatement fee, and show proof of continuing financial responsibility. 

Your insurance policy likely requires that you cooperate with your insurance company.  Failure to do so may affect your insurance coverage.  However, nobody can force you to make a statement or admit fault.

Be Careful Of What You Do And Say

There are some things that you should do, but are not required to do if you are involved in a traffic

accident.  You should help any injured people, but avoid moving them in any way that may aggravate an injury.  You should avoid moving your vehicles until the police arrive, if traffic and road conditions permit it.  You should write down important information and take pictures.  You should be helpful to the investigating officer, but you are not required to make a statement or any self-incriminating statements.  In more serious cases, be aware that the police may take steps to obtain and examine your vehicle’s “black box,” which will give vital information about the vehicle’s operation in the final seconds prior to the accident. 

Daniel Gigiano Reviews Ohio Child Custody Modification

Courts modifying child custody in Ohio have to follow a set of rules.  As always, the best interests of the child must be considered.  However, before getting to that point, the court must consider a number of factors as to whether the case qualifies for a modification of parental rights and responsibilities. 

                           

The court must first find a change of circumstances has occurred.  This is done by determining that facts have arisen or were unknown since the last court order creating a change of circumstances in the child or the residential parent.  The court then turns to the next point in the analysis.  The court must then determine one of the following:  (1) the residential parent agreed to a change; (2) the child, with the consent of the residential parent, has been integrated into the family of the person seeking to become the residential parent; or (3) the harm likely to be caused by a change of environment is outweighed by the advantages of the change of environment to the child.  Once these first two factors have been determined, then the best interests of the child is considered in considering a change in placement.  

 

Attorney Gigiano was admitted to the practice of law in Illinois in 1993.  In 1999, he was admitted to practice in Ohio.  In 2000, he took his experience to a private practice in Wadsworth, Medina County, Ohio.  Attorney Gigiano started his own practice in 2002 and has maintained a practice in Wadsworth since that time, including numerous cases involving modifying child custody in Ohio.  Call now if you need the services of a Wadsworth child custody law lawyer in Medina County or a Wooster child custody law lawyer near Barberton.    

         

Daniel Gigiano Reviews Debtors Prison

Ohio Outlaws Debtors' Prison

The Ohio Supreme Court has ordered Ohio courts to stop reviving debtors’ prison.  In other words, Ohio outlaws debtors’ prison.  In February 2014, the high court indicated that it would not tolerate the court’s imprisoning people who could not afford to pay fines and costs. 

 

What is debtors’ prison?

Debtors’ prison is when one is incarcerated for not paying a debt.  As late as the nineteenth century, Western European countries dealt with unpaid debt through the use of debtors’ prisons.  Such practices date back to ancient Athens, where Athenians were sold into slavery through debt bondage.  Debt bondage was outlawed in Athens in 600 B.C.  The Romans also used this practice until it too was outlawed in 326 B.C.  In the Middle Ages in Europe, debtors were locked up in a single cell with other imprisoned debtors until their families paid their debt.  Many debtors died of disease and starvation in such conditions.  Debt bondage was revived in this system, as many debt prisoners were released to become serfs or indentured servants until they paid off their debt by working for their creditor.  Some form of debtors’ prison continued until it was outlawed in most countries in the 1800s.       

What is the Ohio Supreme Court doing to stop the revival of debtor’s prison?

The Ohio Supreme Court has issued a bench card outlining the procedures that courts must follow. 

The first paragraph of that bench card sets the tone:

“Fines are separate from court costs.  Court costs and fees are civil, not criminal, obligations and may be collected only by the methods provided for the collection of civil judgments.  Sole authority exists under R.C. 2947.14 for a court or magistrate to commit an offender to jail for nonpayment of fines in a criminal case.  An offender CANNOT be held in contempt of court for refusal to pay fines.  Accordingly, unpaid fines and/or court costs may neither be a condition of probation, nor grounds for an extension or violation of probation.”

However, the Ohio Supreme Court is not saying that someone who can afford to pay can use this new approach to avoid paying.  “A person may be jailed for a willful refusal of nonpayment of a fine that he or she has the ability to pay.”  An ability-to-pay hearing is required prior to jailing someone for nonpayment of a fine.  Any jail imposed for failure to pay fines shall be credited at the rate of fifty dollars per day.  Jail cannot be imposed for failure to pay court costs.

  

Attorney Daniel Gigiano

 

Attorney Gigiano is a Wadsworth criminal defense attorney in Medina County, and Wadsworth bankruptcy attorney in Medina County.  His dedication to his clients’ interests has earned high attorney ratings in numerous websites.  His willingness to take on tough cases and work hard has also resulted in articles and links to his work.  If you have questions about this or other questions you  need answered by a Wooster criminal defense attorney near Orrville or an Akron criminal defense attorney near Barberton, please call Attorney Daniel F. Gigiano at 330-336-3330.