Elyria Criminal Lawyer, Ohio, page 3

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Daniel Christopher Cook

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Peter Joseph Gauthier

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Terrence Raymond Butler

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David Paul Muhek

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LEGAL TERMS

BEYOND A REASONABLE DOUBT

The burden of proof that the prosecution must carry in a criminal trial to obtain a guilty verdict. Reasonable doubt is sometimes explained as being convinced '... (more...)
The burden of proof that the prosecution must carry in a criminal trial to obtain a guilty verdict. Reasonable doubt is sometimes explained as being convinced 'to a moral certainty.' The jury must be convinced that the defendant committed each element of the crime before returning a guilty verdict.

INSANITY

See criminal insanity.

PROSECUTOR

A lawyer who works for the local, state or federal government to bring and litigate criminal cases.

DRIVING UNDER THE INFLUENCE (DUI)

The crime of operating a motor vehicle while under the influence of alcohol or drugs, including prescription drugs. Complete intoxication is not required; the l... (more...)
The crime of operating a motor vehicle while under the influence of alcohol or drugs, including prescription drugs. Complete intoxication is not required; the level of alcohol or drugs in the driver's body must simply be enough to prevent him from thinking clearly or driving safely. State laws specify the levels of blood alcohol content at which a person is presumed to be under the influence. Also called driving while intoxicated (DWI and drunk driving).

ACTUS REUS

Latin for a 'guilty act.' The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For ... (more...)
Latin for a 'guilty act.' The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For example, the crime of theft requires physically taking something (the actus reus) coupled with the intent to permanently deprive the owner of the object (the mental state, or mens rea).

INDECENT EXPOSURE

Revealing one's genitals under circumstances likely to offend others. Exposure is indecent under the law whenever a reasonable person would or should know that ... (more...)
Revealing one's genitals under circumstances likely to offend others. Exposure is indecent under the law whenever a reasonable person would or should know that his act may be seen by others--for example, in a public place or through an open window--and that it is likely to cause affront or alarm. Indecent exposure is considered a misdemeanor in most states.

ARRAIGNMENT

A court appearance in which the defendant is formally charged with a crime and asked to respond by pleading guilty, not guilty or nolo contendere. Other matters... (more...)
A court appearance in which the defendant is formally charged with a crime and asked to respond by pleading guilty, not guilty or nolo contendere. Other matters often handled at the arraignment are arranging for the appointment of a lawyer to represent the defendant and the setting of bail.

NOLO CONTENDERE

A plea entered by the defendant in response to being charged with a crime. If a defendant pleads nolo contendere, she neither admits nor denies that she committ... (more...)
A plea entered by the defendant in response to being charged with a crime. If a defendant pleads nolo contendere, she neither admits nor denies that she committed the crime, but agrees to a punishment (usually a fine or jail time) as if guilty. Usually, this type of plea is entered because it can't be used as an admission of guilt if a civil case is held after the criminal trial.

EXCLUSIONARY RULE

A rule of evidence that disallows the use of illegally obtained evidence in criminal trials. For example, the exclusionary rule would prevent a prosecutor from ... (more...)
A rule of evidence that disallows the use of illegally obtained evidence in criminal trials. For example, the exclusionary rule would prevent a prosecutor from introducing at trial evidence seized during an illegal search.

SAMPLE LEGAL CASES

State v. Singleton

... Court of Ohio. However, for criminal sentences imposed on and after July 11, 2006, in which a trial court failed to properly impose postrelease control, trial courts shall apply the procedures set forth in RC 2929.191. {¶ 2} In this ...

State v. Colon

... Robert L. Tobik, Cuyahoga County Public Defender, and Cullen Sweeney, Assistant Public Defender, for appellant. Jason A. Macke, urging reversal for amicus curiae Ohio Association of Criminal Defense Lawyers. MOYER, CJ. ...

State v. Baker

... We have previously determined that "in order to decide whether an order issued by a trial court in a criminal proceeding is a reviewable final order, appellate courts should apply the definitions of `final order' contained in RC 2505.02." State v. Muncie (2001), 91 Ohio St.3d 440 ...

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