DUSTIN BLAKE There is no substitute. Central-Ohio Criminal Defense Attorney

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Criminal Defense

CRIMINAL INVESTIGATIONS

The first important stage of the criminal process is the investigation by law enforcement. If the police are attempting to question you about a crime that occurred or if you are the suspect of a criminal investigation, retaining a quality Criminal Defense Attorney during the investigation is crucial for several reasons.

  • Once you retain a Criminal Defense Attorney, the police can no longer legally speak to you. As a result, you no longer have the stress of dealing with the police. Additionally, you will be protected from incriminating yourself with regard to the criminal charges.
  • A skilled Criminal Defense Attorney may be able to persuade the prosecutor to drop charges against you based on insufficient evidence or improper procedure.
  • A skilled Criminal Defense Attorney may be able to negotiate a favorable plea bargain to reduce charges to a lesser crime or reduce sentencing before charges are formally filed with the courts.

CRIMINAL WARRANTS

Generally, there are 2 types of criminal warrants that can be issued by the court for someone’s arrest.

  1. Criminal arrest warrants are warrants issued by a judge that authorize the arrest and detention of an individual, or the search and seizure of one's property.
  2. Criminal bench warrants are a form of an arrest warrant that authorizes the immediate arrest of the individual subject to the bench warrant. Typically, bench warrants are a result of that person's failure to appear at court for a hearing.

Why retain a Criminal Defense Attorney for a Warrant? A quality Criminal Defense Attorney can assist you in taking care of the warrant. A skilled Criminal Defense Attorney may be able to challenge the warrant and have it set aside to avoid spending time in jail. An experienced Criminal Defense Attorney will be able to help you a reasonable bond on your behalf so you avoid spending time in jail.

EXPUNGEMENTS / SEALING OF CRIMINAL RECORDS

This day and age, with this extremely competitive job market and everything being accessible on the Internet, a criminal conviction can adversely impact one’s current employment status or future employment aspirations, especially if the criminal conviction is a Felony

It is extremely important that you retain a skilled Criminal Expungement Attorney to make sure that you can seal or expunge a criminal conviction. There are a number of crimes that cannot by law be sealed or expunged. Additionally, in recent time, the law in this area has changed dramatically and has become quite complicated.

A criminal defense attorney that gets superior results.

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OVI / DUI / Alcohol Crimes

Choosing the best OVI / DUI Attorney for your case is an extremely important decision. An OVI / DUI charge is an extremely technical criminal charge, which requires knowledge, skill, and experience.

ATTORNEY CERTIFIED IN FIELD SOBRIETY TESTING

Mr. Blake is certified in the National Highway Transportation Safety Administration (NHTSA) Standardized Field Sobriety Testing, which means he completed the exact same training required for law enforcement personnel for OVI / DUI detection.

OVI / DUI

Being arrested for drinking and driving and charged with a first OVI / DUI is an extremely frightening and surreal experience. From the moment you see the flashing lights until you are ultimately arrested, you are subjected to things you never imagined,

  • follow the top of my pen while I shine a bright flashlight directly into your eyes
  • walk this imaginary line
  • count numbers backwards and forwards skipping this number or that number
  • recite the alphabet backwards and forwards skipping this letter or that letter
  • look up to the sky, close your eyes and count to 30
  • put your finger to your nose
  • if you refuse to take a breath test your license will be suspended for 1 year

UNDERAGE OVI / DUI / OVUAC

The prohibited alcohol level for someone driving under the age of 21 is .02. An Underage OVI / DUI / OVUAC is a misdemeanor of the fourth degree, authorizing a court to impose a maximum jail sentence of 30 days. Generally, a first offense Underage OVI / DUI / OVUAC carries no mandatory jail sentence, $0 - $250 fine, 90 days – 2 year license suspension, and 4 points assessed to your license. The court may impose probation with alcohol treatment and may order yellow plates and an interlock device.

COMMERCIAL DRIVER’S LICENCE (CDL) & OVI / DUI

The prohibited alcohol level for someone driving with a CDL is .04 much less than the .08 as in other cases. A charge of OVI / DUI for someone with a CDL is a misdemeanor of the first degree.

An OVI / DUI charge and conviction can affect one’s livelihood substantially. The individual with a CDL refusing to submit to a chemical test or having a failing result of .04 must surrender their CDL immediately. If convicted of drinking and driving a first time, among other penalties, there is a 1-year suspension to the CDL. A second conviction of drinking and driving and the individual could have their CDL disqualified for life.

ALCOHOL-RELATED CRIMES

  • Selling Alcohol to an Underage Person
  • Underage Alcohol Crimes
  • Aggravated Vehicular Homicide / Assault

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Drug Crimes

In 1971 President Nixon named drug abuse as "public enemy number one in the United States." From that point forward drug laws began to change with penalties getting significantly more severe and the majority of funding going towards law enforcement.

As a result, the primary function of law enforcement is to obtain drug arrests and convictions. Additionally, forfeiture laws now allow law enforcement to seize money and other things of value that have a connection with the commission of a drug crime. Needless to say the government has an interest in money and other things of value they believe are connected to a drug crime.

What does your Criminal Drug Attorney need to know and explain to you?

  • What are the potential penalties? Does this drug offense carry mandatory prison time? What is the likelihood of obtaining probation?
  • What are the potential defenses to the charge?
  • Can the government actually prove you were in possession or trafficking the drugs in question?
  • Can the government actually prove you were involved in a conspiracy to possess or traffic the drugs in question?
  • Can I challenge the drug quantity or weight of the drugs in question? Can I challenge the laboratory results?
  • Are there grounds to challenge the constitutionality of a search of your person, vehicle or home?
  • Are there grounds to challenge the constitutionality of your arrest?

An experienced Criminal Drug Attorney will be able to explain the process to you, explain the charges - what the government must prove beyond a reasonable doubt, identify potential legal issues as well as strength and weaknesses with regard to your case, and the potential penalties. A skilled Criminal Drug Attorney will also challenge the evidence presented by the government to obtain the best possible result on your behalf.

A criminal defense attorney that gets superior results.

Call or now for a free initial phone consultation.

Call Now for Help 614-705-2290

Federal Crimes

The first critical stage in any federal criminal investigation is the investigation by federal law enforcement agents. If the federal government is investigating you they may send you a letter called a “target letter” advising you that they are investigating you or they may simply try to come talk to you in person.

We have experience representing federal charges in the following areas:

  • FEDERAL CRIMINAL INVESTIGATIONS
  • FEDERAL DRUG CRIMES
  • FEDERAL GUN CRIMES
  • FEDERAL SEX / CHILD PORNOGRAPHY CRIMES
  • FEDERAL TAX CRIMES
  • FEDERAL FRAUD / WHITE COLLAR CRIMES
  • FEDERAL PROBATION VIOLATIONS

The federal criminal justice system is much different than the state criminal justice system. The charges and potential penalties operate much differently.

A criminal defense attorney that gets superior results.

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Domestic Violence / Assault

Domestic Violence / Assault cases involve an alleged injury to a family member or someone else. The charges are considered crimes of violence. As a result, these types of charges can adversely affect the family and a defendant’s quality of life in many different ways.

As such, you need an attorney with experience in Domestic Violence / Assault cases. You need an attorney to properly evaluate and investigate your case. We have the resources available to properly investigate your case in an effort to obtain the results you need.

A criminal defense attorney that gets superior results.

Call or now for a free initial phone consultation.

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Sex Crimes

There is no worse scarlet letter in our society than to be charged or convicted of a sex crime or sex offense. In addition to traditional forms of punishment that may be imposed, i.e. jail, prison, probation, fines, etc., those that are charged with a sex crime or even worse convicted are subjected to the worst form of ridicule.

The Adam Walsh Act and Ohio Senate Bill 10 organize sex offender classification into three Tiers. Classification is based solely on the offense of conviction. A person’s likelihood to reoffend is no longer considered.

Registration and verification duties are as follows:

  • Tier I: registration duties last 15 years for adults, 10 years for juveniles; in-person verification at the county sheriff’s office is required annually.
  • Tier II: registration duties last 25 years for adults, 20 years for juveniles; in-person verification is required every 180 days.
  • Tier III: registration duties last a lifetime for adults and for juveniles; in-person verification is required every 90 days.

A list of typical sex crimes is as follows:

  • Rape
  • Sexually motived crimes
  • Sexual battery
  • Gross sexual imposition
  • Sexual imposition
  • Computer sex crimes
  • Unlawful sexual conduct with a minor
  • Pandering obscenity
  • Prostitution & Soliciting
  • Kidnapping & Enticement
  • Public Indecency
  • Abduction & Unlawful Restraint
  • Importuning

A criminal defense attorney that gets superior results.

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Criminal Appeals

A defendant has an absolute right to appeal his criminal conviction. This right to appeal is to protect defendants against prejudicial legal error in the proceedings leading to conviction and against verdicts unsupported by sufficient evidence.

If you have been convicted of a crime it is imperative that you retain a skilled Criminal Appeals Attorney for your criminal appeal. A criminal appeal is an extremely technical and complicated procedure.

A criminal defense attorney that gets superior results.

Call or now for a free initial phone consultation.

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Other Crimes

PROBATION VIOLATIONS

Once you have been convicted of a crime you may be put on probation where a probation officer will monitor your behavior and require you to perform certain obligations.

If you are on probation and suspect your probation officer may violate your probation, you should contact a skilled Criminal Defense Attorney immediately. Many times, probation violations arise out of misunderstandings between a defendant and a probation officer. A defense lawyer can speak with a probation officer and may be able to prevent or remedy the situation prior to a probation violation being filed and sent to the Judge or reduce the sentence ultimately imposed for the probation violation.

A probation revocation hearing normally involves two steps:

  1. a preliminary revocation hearing, possibly followed by
  2. a full evidentiary hearing.

There is a lot at stake with a probation violation. Ultimately, the judge will determine whether the defendant’s probation is reinstated or sent to prison. For this reason, proper preparation and presentation is essential. A defense attorney can speak on the defendant’s behalf, advise about what the judge is likely to impose, persuasively advocate and litigate on behalf of the defendant, which may all lead to a decrease the consequences.


GUN CRIMES

Examples of common gun crimes include:

  • Carrying a concealed weapon
  • Having a weapon under disability
  • Improper handling of a weapon in a motor vehicle

Most gun charges arise from individuals carrying a gun in a specific way that is prohibited by law or having a gun when you’re legally not allowed to have possession of a gun. As such, the facts of each case are vital to determine if you are illegally carrying a gun.


THEFT & FRAUD CRIMES

In Ohio, there are many different types of theft and fraud crimes. These crimes can be classified as either misdemeanor or felonies depending on the amount alleged along with other criteria that might make the charge a higher degree i.e. the age of the victim, whether a credit card was the subject of the theft or fraud, etc.

Examples of common theft or fraud charges include:

  • General Theft
  • Forgery
  • Misuse of a Credit Card
  • Passing Bad Checks
  • Insurance Fraud
  • Medicaid Fraud
  • Worker’s Compensation Fraud
  • Identify Fraud

If you are charged with a Theft or Fraud it is imperative that you retain a skilled Criminal Defense Attorney. In addition to any penalty that may be imposed, this type of charge could negatively affect your current or future employment especially if the charge is a Felony.


VIOLENT CRIMES

Examples of common violent crimes include:

  • Assault
  • Domestic Violence
  • Violation of a Protection Order
  • Child Endangerment
  • Robbery & Burglary
  • Murder, Manslaughter & Homicide

Violence crimes involve an alleged victim and there may be witnesses to the alleged crime. As such, properly evaluate and investigate your case. You need an attorney with resources.

A criminal defense attorney that gets superior results.

Call or now for a free initial phone consultation.

Call Now for Help 614-705-2290

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