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Rittgers & Rittgers, Attorneys at Law
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ORC 2921.12 Tampering With Evidence

A good decision from the Ohio Supreme Court last week correcting a lower court ruling involving tampering with evidence.  

Read our blog post to learn more.  
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Sexual Assault Charges Filed Against Bill Cosby

Despite more than fifty accusers, the first charges were recently filed against Bill Cosby for Sexual assault.  Cosby faces up to ten years in prison if convicted.  

A case we will be following closely.

#cosby  
#sexualassault  
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Exoneration of the Day!

A Montana woman returned home after a long day of work, locked her front door, removed both of her hearing aids and her glasses, and then went to sleep. She had failed to lock the backdoor of her home, and fate would punish her dearly for the oversight. Despite suffering from impaired hearing and vision, she was startled awake by a strange man crawling onto her bed. The attacker quickly stuffed her head into a pillow case and then proceeded to savagely rape her. The traumatized victim reported the incident to the police and offered the best description she could assemble, but the description was extremely vague because she only caught a glimpse the degenerate invader without her glasses. Without much to go on, investigators zeroed in on a suspect who apparently fit the vague description. Prosecutors charged him with the crime after a forensic analyst essentially explained that the man was 99% likely to have been a match with the attacker. The analyst testified at trial that only one percent of Caucasian males were a possible match to the hair sample collected at the crime scene, and the defendant was among that one percent. Blood samples were also compared, and a mysterious enzyme was present in the attacker’s DNA that could not possibly have been produced by the defendant. Another forensic analyst testified that this enzyme could have been created by the sugars of bacteria. The criminal defense attorney failed to dispel the erroneous forensic claims and the jury returned a verdict of guilty. The man was subsequently sentenced to 30 years in prison, a punishment befitting the crime, but one unjustly applied to an innocent man who had not actually committed the crime. New criminal defense assistance successfully procured DNA testing that definitively proved his innocence and he was finally exonerated 13 years after being convicted.
http://tinyurl.com/qcduraf
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ESPN Reports OSU Football Player Charged With Solicitation

ESPN reports that Cincinnati Ohio native Adolphus Washington was charged this week with solicitation.  Washington has excelled at OSU and has the potential to be drafted in the first round of the NFL draft.

The most common code section cited for solicitation under the Ohio Revised Code is under the (A) (1) code section which states the following: "No person shall solicit another who is eighteen years of age or older to engage with such other person in sexual activity for hire."

#ORC2907
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Are Inoperable Guns Considered Deadly Weapons In Ohio ?

The short answer is that they are usually not considered deadly weapons. Although it seems like an obvious conclusion, the Ohio Supreme Court recently ruled that inoperable handguns are not deadly weapons under the Ohio Revised Code overruling a lower appellate court. A hand gun, however, could be considered a deadly weapon if it is used as a "bludgeon" instrument.

See our blog post to learn more about the recent decision.
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Domestic Violence Collateral Consequences

Domestic Violence has long lasting implications for employment and the ability to possess a gun. Certain professions preclude employment for people convicted of domestic violence and federal law prohibits firearm possession after conviction.

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Arguments In The Ryan Widmer Federal Appeal Today

Fourth amendment claim regarding unlawful search and seizure is one of the several claims being heard today in the Widmer appeal.

Attorney +Charles M. Rittgers was quoted regarding the fourth amendment claim in the +Dayton Daily News as saying:

Charlie M. Rittgers, who was on the defense team for all three trials, outlined what happened with the tub.

“One of the arguments in Ryan’s habeas petition is that the bathtub should have been suppressed. In the second trial, a motion to suppress the bathtub was filed, but the court did not consider the validity of the motion because it was untimely filed,” he said. “The motion was never refiled in the third trial but was orally renewed at a side-bar conference during the course of the trial. The court overruled the motion, not based on the merits, but rather because it was not timely raised.”

We will be watching the arguments and hoping to get a good decision from the Court for Ryan soon.

#criminaldefenseattorney
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Was The Search Legal ?

There are a number of exceptions to the fourth amendment and each case is unique. You should speak to a criminal defense lawyer to discuss the facts of your case.
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Thank you +Hupy and Abraham, S.C. for creating and sharing this information about what to do after a motorcycle accident. Always speak with a local attorney who handles motorcycles accidents before signing paperwork or speaking with insurance companies. If you were hurt in Wisconsin, call Hupy and Abraham. If you have been hurt in Ohio, call Rittgers & Rittgers.
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