The consulting firm, Crime Lab Design, was called in following an investigative report from the Cincinnati Enquirer last year. The Enquirer’s investigation revealed serious shortcomings at the lab, bringing statewide attention to the crowded and outdated facilities.

The Enquirer was contacted by former Hamilton County Coroner Dr. Lakshmi Kode Sammarco last year about the deteriorating conditions. They conducted their own investigation, leading to a series of stories. It was then that the county contacted Crime Lab Design for a consultation.

The report warns that overcrowded conditions at the lab are “jeopardizing the integrity” of evidence in criminal cases and putting the lab in jeopardy of losing accreditation. The lab is so crowded that workers are doing their jobs in hallways and evidence is being stored under questionable conditions.

According to the report, the county also needs to hire at least 13 new lab workers and investigators. Currently, some cases are never investigated due to under-staffing. While the company wouldn’t elaborate on which cases these were, local law enforcement says that no cases have been compromised.

The report comes as Hamilton County citizens are preparing to vote for a new coroner, and head of the crime lab. It has become a talking point for candidates who seem committed to not seeing a new lab. They instead are pushing for “fiscal responsibility,” likely at least in part, because they know that’s what voters want to hear.

One potential compromise would be a multi-county lab, which would allow Hamilton County taxpayers to share the burden of a new lab with neighboring citizens. The idea has backing from the county board’s lone Democrat and Cincinnati Police Chief James Craig.

Most lawmakers, coroner candidates, and city officials agree that the money for a new lab or even for a renovation of the old one simply isn’t there.

Hamilton County Prosecutor Joe Deters said, “I think the lab itself has done a tremendous job considering the environment. The reality is they are going to have to maintain that level of quality until the economy turns around.”

The integrity of evidence is crucial in the fair administration of justice. It seems unless something is done to ensure the lab workers have the resources needed to handle the evidence in a proper manner, the cases that come through the lab are in jeopardy.

If you are charged with a crime in Hamilton County, your evidence could be processed and held by this lab. If you have questions about how the conditions could affect your case, you are not alone. Contact our offices today to discuss the details of your case and how we might be able to help.

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Since the original law was passed, restrictions have been eased slightly, allowing permit holders to take their weapons into restaurants and bars. Though law enforcement originally opposed these changes, they now say that no negative fall-out has occurred since the laws were loosened. But, with five new bills pending, they are concerned lawmakers might take things too far.

Currently, there are five pieces of legislation in the Ohio General Assembly concerning concealed weapons. Those include a bill that would allow permit holders to have their weapons in state-owned parking garages, one that would expand the system for recognizing out of state permits, loosen permit renewal requirements, eliminate background checks and safety training courses, and eliminate a current requirement to inform law enforcement of your weapon.

Of particular concern are two bills. The first would eliminate the background check requirements and eliminate the safety training courses. The other would do away with the current requirement that any concealed weapons permit holder has to inform the police that they have a weapon when being pulled over.

Even gun-rights advocates and permit-holders are opposed to these measures. They want to ensure that the image of concealed weapons permit holders isn’t tarnished and with these proposed bills, it raises the likelihood that such a weapon could fall into the wrong hands.

Dayton Police Chief, the Montgomery County Sheriff, and the Miami County Sheriff have all voiced opposition to these two bills (HB 256 and HB 422 respectively). “Those two are bad law in a significant way,” says Dayton Police Chief Richard Biehl.

The majority of CCW permit holders value gun safety and the checks that are in place to ensure only those with clean criminal histories and knowledge of weapons safety are permitted to carry a concealed weapon.

“If you get in a shootout and people aren’t overly trained on accuracy, you are going to have bullets flying all over the place,” said one CCW permit holder interviewed at a shooting range.

These same law enforcement heads have said they will oppose any Stand-Your-Ground legislation, should it be brought up in the Ohio Legislature. They believe such laws, like the one frequently associated with the murder of Trayvon Martin in Florida, do nothing but encourage lawlessness and violence.

The gun laws of Ohio are relatively strict. If you are accused of violating them, you can expect to face serious penalties. Whether you are a permit holder or not, you could be sent to jail for violating weapons laws.

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According to Kerlikowski, “We are not going to arrest our way out of this problem.” Instead, the new approach will look at addiction as a disease and something that can be helped through rehabilitation rather than through imprisonment.

In addition to keeping treatment high on the list of priorities, there will be a growing emphasis on educating people about prescription drug abuse and law enforcement cracking down on pill mills, or pain clinics that cater to addicts by loosely doling out prescriptions.

In Ohio the leading cause of accidental death is drug overdose, and many of these overdoses are on prescription medications. DeWine says that Ohioans need to learn to look at their prescriptions differently, that just because they come from a doctor doesn’t necessarily mean they are safe.

One critic of the new White House plan, however, says it doesn’t go far enough. Lisa Roberts is a nurse with the Portsmouth City Health Department and according to the Columbus Dispatch she believes the federal government should work to get the high-powered opiate drugs off the market entirely.

Her argument is that the FDA frequently removes medications that are deemed dangerous or have negative side effects. She suggests they use this power to remove drugs that are killing people, drugs like OxyContin and others that are frequently abused.

“This is the first time there has been death, disease and social destruction caused by health care,” she said speaking to the Columbus Dispatch. “And we can’t fix that?”

Many people become addicted to prescription medications after receiving a legitimate prescription after an accident or injury. Their tolerance for the medication increases and their pain management soon becomes a deadly addiction.

Often, addiction to prescription opiates will turn into a heroin addiction when the prescription drugs get too expensive. Not only is heroin cheaper, it’s far more potent.

For people who are addicted, help doesn’t come until they are confronted by an event that makes them take a long hard look at their situation. This event is often in the form of an arrest.

When you are arrested for drug charges, your whole life can change. But it does provide you with an opportunity to possibly get help for your addiction. If you are charged with a crime and want to know how you can take advantage of drug treatment opportunities, contact our offices today for a free consultation on your case.

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The law went into effect at the first of this year and cases falling under it are beginning to cycle through the courts. In an effort to reduce prison populations, the law requires that a judge run his sentence by the Department of Rehabilitation and Correction before sending any first-time, non-violent felony offender to prison.

Needless to say, judges are not happy. “I’ve had offenders who brazenly will come into the courtroom and say, ‘You judge, cannot send me to prison,’” says Fairfield County Common Pleas Judge Richard Berens.

The law was designed to promote community corrections whenever possible, and non-violent, first-time felony offenders logically seem like good candidates for community corrections.

According to the Marion Star, the law doesn’t say that the Department of Rehabilitation and Correction will rule counter to the judge. More than likely, they also make an educated decision on the sentence, just like the judge. So, why isn’t this extra safeguard a positive thing?

One judge, Hancock County Common Pleas Judge Reginald Routson, believes the law violates the separation of powers clause of the constitution, since it requires an executive entity to approve a judicial ruling.

Many judges, however, seem to suggest that their recommendations won’t be taken into consideration at all. They argue that there are first-time, non-violent, felony offenders that require prison time. And they’re right, there likely are. But the law doesn’t say no such offenders will be sent to prison, merely that the Department of Corrections will have to approve the sentence.

Understandably, prosecutors are siding with judges on the issue.

Judges don’t want their power limited, for any reason. The Ohio Judicial Conference is said to generally oppose “any legislative effort to limit a judge’s power – whether it be by imposing mandatory minimum sentences, or forbidding a sentence.”

There’s a good chance that this law won’t be a permanent fixture. However, in the meantime, it could result in some offenders being sentenced to probation rather than prison time.

If you are accused of a criminal offense and are curious about the likelihood you’ll serve time in prison, contact us today to discuss the details of your case and how we might be able to help.

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According to the Cleveland Plain Dealer, Shaun Warrens, 31 of Ashtabula, was cooking the meth when the small time operation went awry. He and several others were taken to the hospital. Warrens eventually died.

So far, police and fire department officials have not released much information about the fire, saying it is still under investigation. It is believed, however, that Warrens and two other men were involved in cooking meth in what’s known as the one-pot or “shake and bake” method.

This method of cooking methamphetamines arose when the critical meth ingredient pseudoephedrine was restricted from purchase. Now, because you are only able to buy smaller amounts of the cold-medicine ingredient, a smaller batch of meth apparently makes more sense.

But despite the scaled-down operations, these smaller labs are still very dangerous, as seen in this latest fire.

“All we heard was he was in the room making meth and the jar burst pen in his lap and he ended up going up in flames,” said Gaylene Howser, who had been allowing Warrens to stay in her house. She acknowledged that Warrens had a meth problem and said she and others were trying to help him kick the habit.

“Just in the last six months we’ve seen a bunch of these explosions,” said Scotty Duff with the Ohio Bureau of Criminal Identification and Investigation. Though the federal government says meth lab seizures dropped dramatically in 2005 when the sale of pseudoephedrine became restricted, they are rising once again with the growing popularity of these mobile labs.

Smaller meth labs may only make enough of the drug for personal use. But the ingredients are few and the tools can fit inside a shopping bag. Over the last few years, such shake-and-bake labs have been found in a variety of unusual places, though this is the first known incident of it being made in a nursing home.

Meth laws are strict as officials want to keep accidents like this and crime related to meth at a minimum. This means if you are charged with meth possession or operating a meth lab, you can expect to face severe legal sanctions. Contact our offices today if you are accused of a meth crime. We can offer a free consultation.

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Being able to carry a gun into a local business is nothing new. But, carrying it into businesses that sell alcohol is. The new law allows folks to take their guns to the bar, as long as they don’t drink. The idea here is that being in a bar with a gun doesn’t make the situation dangerous, being intoxicated in a bar with a gun does.

Plenty of business owners are quite okay with losing customers, though, if it means no guns are within their walls. They are taking to placing signs on their doors letting patrons know that firearms are not welcome.

Businesses want families and other patrons to feel safe when they walk in the door, and these signs seem to make them feel a little safer, even if they don’t ensure a weapon-free establishment.

“I’m not turning anyone away,” says Kim Rowe, the owner of Final Score Sports Pub in Delaware. “It’s not as if I’m patting them down as they walk through the door.”

Still, some people are taking their business elsewhere, where they feel their gun rights are more respected, or at least left alone.

“They are free to post if they wish to, but we won’t necessarily patronize them,” says Doug Deekend, the coordinator of Ohioans for Concealed Carry, a group which maintains a database of “weapon-free” businesses and supplies members with cards that read, “No guns = No $.”

The concealed weapons laws, which originally banned carrying such weapons in bars and restaurants, still ban them in schools, airports, and government buildings. Also, carrying such weapons without a proper permit could lead to criminal charges.

Under current laws, carrying a concealed weapon without a permit, no matter where you are, is against the law and a 1^st degree misdemeanor for a first offense. If you have prior offenses on your record, the charge is elevated to a 4^th degree felony and carries 6 to 18 months in prison.

Gun laws in Ohio are pretty tough, and the penalties severe. You stand to lose a lot more than your gun if you are arrested—you stand to lose your freedom.

If you are charged with carrying a concealed weapon, using a weapon while intoxicated, or another weapons offense, having a local defense lawyer on your side can ensure your rights are protected throughout the criminal justice process.

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The Governor held a news conference, with a pickup truck stacked with heroin, cocaine, and marijuana serving as his backdrop, to get people on board with the latest efforts at reducing the drug trade in Ohio.

“A lot of the people that are dealing these drugs are after our kids,” he said when discussing a new number for motorists to call with drug activity tips. “When you see something, call this number.”

According to officials, so far in 2012, state patrol has seized more heroin in the state than in all of 2011. Last year, they made 6,000 drug arrests, up 9% from 2010. They also confiscated 6 million grams of drugs, valued at about $69.5 million, according to the Columbus Dispatch.

The secret compartment law wouldn’t affect those cars with factory-built hidden compartments, but those which are added on. The law calls these compartments, a “’space, box, or other closed container’ that is added, modified or attached to an existing vehicle,” says the Dispatch report.

In the drug trafficking trade, such compartments are often stashed full with drugs. They seem to also get more and more complex each year, as traffickers must try harder to outsmart law enforcement. But this law wouldn’t make it illegal to have a secret compartment filled with drugs, merely having the compartment would be crime enough.

While law enforcement officers rarely find empty secret compartments, the law would allow the courts to further penalize people found transporting drugs. So, rather than only facing serious felony charges for drug trafficking, you will face additional charges for the compartment the drugs were stored in.

This could mean the difference between 7 years in prison and 11 years in prison, and when you’re behind bars, every single month is an eternity.

The state of Ohio does have a drug trafficking problem. At the center of several Interstate connections, drugs often come through the state as well as mark the state as a final destination. Because of this, lawmakers want to really stick it to people accused of drug offenses, penalizing them as swiftly and severely as possible.

If you are facing drug charges in Ohio, we may be able to help. Whether it’s a possession charge or a charge of drug trafficking, contact our offices today to discuss the details of your case.

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Back in 2007, city police averaged a chase every two days. Now that rate is down to one chase every 6.5 days. The decrease is due, in part, to many procedural changes over the past several years.

Following a few high profile police-chase accidents, officials decided something needed to change. In 2009, a team of 25 officers researched local police chases and those around the nation, coming up with recommended changes including:

• Ending chases for traffic infractions, unless the driver was putting others at risk
• Ending the use of “stop sticks”
• Ending chases when they crossed city limits, unless otherwise approved by a supervisor.

These new rules went into effect in May 2010 and resulted in an immediate reduction in chases. But, despite the reduction, 27% of chases were still initiated for a traffic infraction, against new policy.

In addition, the rule changes didn’t affect the amount of accidents that occurred during police chases. Before the change, accidents occurred 34% of the time. After the change, the amount was 38%.

The city again revised its policies in May 2011 when they decided to stop chases that went 20 mph over the posted speed limit. But, the Cincinnati Enquirer found that officers routinely violated the new rules.

Even after the second rule change, officers continued to chase people for traffic violations (four times), and crashes happened in 34.6% of the chases. Perhaps worst of all, 11.5% of the resulting accidents ended in injury or death, a figure above the national average of 9%.

When a police chase occurs, the Cincinnati Police Department has a fairly stringent review policy in place, where a supervisor examines each and every pursuit to ensure it was in alignment with the policies. Though their reactions to those who didn’t follow policy are not always consistent, the city is still said to have one of the most comprehensive policies on police chases.

Police chases begin when someone makes a rash and hasty decision that they don’t want to go to jail. Often what begins as a traffic stop continues into a pursuit because the driver has a warrant, is on a suspended license, or has drugs in the car. But what they fail to consider in this spur of the moment decision, is that they will likely be caught and will then face additional charges for fleeing.

If you are accused of fleeing or avoiding arrest and need an aggressive advocate on your side in court, contact our offices today for a free consultation on your case.

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Police in the state are being criticized for not enforcing civil orders of protection, often issued in divorce or child custody cases. Because they aren’t issued by a criminal court, some cops seem to think they play no role in their enforcement. But, they are dead wrong.

“Historically, police haven’t wanted to get involved in custody or divorce disputes because they are seen as civil matters,” says a former Nashville police officer who trains police on protection order enforcement. “But when you have domestic violence involved, it’s a different issue.”

According to the Cleveland Plain Dealer, people are losing faith in the ability of the police to protect them in such cases, after being “shooed” away when they report a violation. Some are told to take their violation to the civil court from which the order was issued, others are simply told, “there’s nothing we can do.”

But, the cops who believe they have no authority to enforce these civil orders are seriously mistaken. The violation of any protection order is considered a misdemeanor offense, for which you can be immediately arrested. It doesn’t matter if that order was issued by a civil or criminal court.

Civil protection orders are typically issued in family courts by judges who see the potential for domestic violence, whether due to a history of such occurrences or the justified fear of the petitioner. They don’t require a crime to have been committed, unlike with criminal protection orders. They are temporary orders which are followed with a hearing that can result in a protection order that lasts up to 5 years.

When you are named in a protection order, whether civil or criminal, you must abide by the terms of the order, regardless of whether you feel they are just. Even if your ex-spouse says it’s okay for you to come over, you can still be arrested.

The tendency of police officers to disregard civil orders seems not to be widespread, though the state is taking steps to ensure all protection orders are filed, issued, and enforced with consistency.

If you’re named in a protection order, facing charges for violating such an order, or charged with domestic violence, a defense attorney can help you navigate the complicated legal system. Contact our offices today to discuss how we can help.

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According to the Associated Press, he traveled from his home in Chicago to three different locations in southern Ohio and one in central Ohio on a regular basis. There, clients would pay cash to see the doctor who would, in turn, give them the oxycodone they sought.

In his own defense, Volkman says he always acted as a physician and never as a drug dealer.

In addition to the four life sentences, he was sentenced on 13 other counts related to drug trafficking. Those sentences varied from 10 to 20 years. Some of those trafficking charges, according to prosecutors, involved overdoses as well, though there wasn’t enough evidence to charge Volkman in contributing to the death.

The Tri-State Health Care and Pain Management clinic in southern Ohio was home to a good deal of Volkman’s practice. The owners of the clinic, a mother and daughter, pleaded guilty to operating a place whose primary purpose was distribution of illegal prescription drugs. Both women testified against Volkman.

The federal Drug Enforcement Administration says southern Ohio is one of the hardest hit regions in the nation for prescription drug abuse. They say overdose deaths related to prescription pain killers are now the leading cause of accidental deaths in the state.

The state of Ohio has listened to the federal government and is taking all cases involving prescription drug charges very seriously, from the possession charges to the trafficking charges. If you are accused of dealing in illegal prescription drugs, you too could face maximum penalties under the law.

Sure, the courts are most interested in prosecuting those who are accused of distributing or trafficking the pills, but they also want to hit the users. Fortunately, many courts offer sentencing alternatives or programs to help addicts, not just punish them.

If you don’t treat addiction, punishment for the crimes associated with it will be ineffective. Because of this, if you are charged with possession or even a low level distribution crime, we may be able to get you the help you need as part of a plea agreement. Contact our attorneys today to discuss your legal defense options.

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