Anyone charged with a criminal offense should consult counsel to understand the collateral consequence of suffering a criminal conviction. Convictions cause people to suffer direct and collateral consequences. Direct consequences include what people would typically expect: penal and monetary sanctions, jail time, probation, fines, and/or court costs. Collateral consequences are typically unknown to a criminal …
In his more than three decades of practicing law, attorney Larry Zukerman of Zukerman, Daiker & Lear Co. had never seen a case where law enforcement was caught red-handed suppressing evidence. “In my 32 years of practicing law, I’ve never experienced a case where it has been caught on videotape and unrefuted,” Zukerman said when …
Attorney Zukerman baffled by suppression of evidence Read More »
Marc, 48, and Lori, 49, were arrested Feb. 3 after the Southeast Area Law Enforcement Narcotics Task Force searched the couple’s home and discovered more than 19 pounds of marijuana along with guns, scales and packaging materials. Each was charged with two counts of drug trafficking, two counts of drug possession and one count of …
Solon couple’s trial on drug charges set for Sept. 28 Read More »
THE 8TH DISTRICT HOLDS: CUYAHOGA COUNTY DIVISION OF CHILDREN AND FAMILY SERVICES MUST PROVIDE MIRANDA WARNINGS WHEN INTERROGATING IN-CUSTODY DEFENDANTS In State v. Jackson, the 8th District Court of Appeals reversed and remanded Mr. Jackson’s conviction of Rape, Gross Sexual Imposition, and Kidnapping because an agent of law enforcement violated Mr. Jackson’s constitutional rights by interrogating …
DIVISION OF CHILDREN & FAMILY SERVICES MUST PROVIDE MIRANDA WARNINGS… Read More »
US SUPREME COURT LIMITS POLICE POWER TO SEIZE SUSPECTS INCIDENT TO A SEARCH OF PREMISES In Bailey v. U.S., 2013 U.S. LEXIS 107, the Supreme Court limited a previous holding that allowed police to detain a suspect incident to the search of a residence. Police were getting ready to execute a search warrant at the apartment of …
ZDL WINS SUPPRESSION HEARING IN CLEVELAND MUNICIPAL COURT, LEADING TO DISMISSAL OF CLIENT’S CHARGE OF OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL AND FELONY CHARGE OF IMPROPER HANDLING OF FIREARM IN A MOTOR VEHICLE In State of Ohio v. Abang, 2011 TRC 051756, a State Trooper initiated a traffic stop on client’s …
Zukerman WINS SUPPRESSION HEARING LEADING TO DISMISSAL… Read More »
ZDL CONVINCES CLEVELAND JUDGE THAT STATE TROOPER LACKED PROBABLE CAUSE TO ARREST CLIENT FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL (OVI), OBTAINS DISMISSAL OF CLIENT’S CHARGES OF OVI AND POSSESSION OF MARIJUANA In City of Cleveland v. Cooper, 12 TRC 058302, ZDL obtained a dismissal of client’s operating a motor vehicle …
Zukerman CONVINCES JUDGE THAT STATE TROOPER LACKED PROBABLE CAUSE TO ARREST… Read More »
ZDL WINS SUPPRESSION HEARING IN CLEVELAND OVI CASE, CLIENT’S BREATH TEST RESULT AND FIELD SOBRIETY TESTS SUPPRESSED, OVI CHARGES DISMISSED BY PROSECUTOR In City of Cleveland v. Guider, 2012 TRC 044131, ZDL represented an individual who was charged with two counts of operating a motor vehicle while under the influence of alcohol “OVI” in violation …
CLIENT’S BREATH TEST AND FIELD SOBRIETY TESTS SUPPRESSED, OVI CHARGES DISMISSED… Read More »
ZDL WINS SUPPRESSION HEARING AND OBTAINS DISMISSAL OF CLIENT’S OVI CHARGES IN MEDINA MUNICIPAL COURT In State v. Klein, Case No. 12 TRC 04904, a defendant was charged with a third OVI offense within six years and faced various penalties including a mandatory minimum sentence of sixty (60) days in jail. ZDL filed a motion …
Zukerman OBTAINS DISMISSAL OF CLIENT’S OVI CHARGES… Read More »
NINTH DISTRICT BECOMES LATEST APPELLATE COURT TO RULE OHIO’S “CHILD ENTICEMENT” LAW IS UNCONSTITUTIONAL Joining the Second, Eighth, and Tenth Districts, the Ninth District Court of Appeals has ruled in State v. Goode, 9th Dist., 2013 Ohio 556, that Ohio’s “Criminal Child Enticement” statute is unconstitutional. R.C. 2905.05(A) provides: No person, by any means and without …
NINTH DISTRICT RULES OHIO’S “CHILD ENTICEMENT” LAW IS UNCONSTITUTIONAL Read More »