How To Find The Answer To Your Question

by Joseph Patituce on February 18, 2012

If you have a questions about criminal charges, arrest or procedures, I likely have the answer to your question right here.

You can scroll through the topics below to find an answer, or for your convenience, I’ve added a search function just to the right. Just type your question there and click the search button and every page that applies to that question will load on the screen.

Or….you can e-mail your question using the contact form found on the lower right side of this page.

Will The Statement I Made To Police Be Used Against Me?

by Joseph Patituce on April 14, 2014

When questioned by police, many people make statements.

These statements may be complete confessions, or they may just be a few words, but either way, the police will likely use anything you say against you.

You may think you did not say anything to make yourself appear guilty, but even the simplest statements can be construed in a way that casts doubt on a person’s innocence.

Further, the police may try to show that you are a liar.

Whether a statement you made to the police will be used against you is often very fact specific.

In many situations, the police may not be obligated to read an individual their Miranda rights before questioning.

It is important that an experienced and knowledgeable attorney review the facts surrounding any statement you may have made before a determination as to the legality can be made.

Once the legality of your statement is determined, an aggressive strategy to defend against it, if necessary, can be tailored based on the facts and relevant law.

Call me, Joseph Patituce, at (440) 471-7784.

Your call is confidential and there is no obligation.

What Is Dash Cam Video?

April 14, 2014

Although it is becoming more common, many people do not realize that many police departments now have cameras in the police cars that record traffic stops. Although these videos do not always capture the entire encounter or may not have audio, they are often useful tools to both the prosecution and the defense. The video […]

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What Is A Booking Video?

April 14, 2014

Although you may not know it, many jails use video cameras in their jail cells and booking areas. If you are arrested and returned to the jail, you may very well be on video. These cameras may capture the paperwork, fingerprinting, photographing, and inventorying of a suspect. In DUI cases, they may capture a suspect […]

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I Was Charged With My First DUI But I Have A Prior Conviction For Physical Control Within The Past Six Years. Will This Prior Conviction Enhance The Potential Penalties On My Current DUI?

April 14, 2014

No, it will not. Unlike a prior DUI conviction within the past six years, a prior conviction for Physical Control will not enhance the penalties on your current DUI. So, you are facing the penalties for a first DUI offense, namely: A minimum of 3 days in jail or a driver intervention program with the […]

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I Was Charged With Having Physical Control Of A Vehicle While Under The Influence, What Kind Of Penalties Am I Facing If I Am Found Guilty?

April 14, 2014

Having Physical Control while Under the Influence is a first degree misdemeanor. You may be fined up to $1,000 and face the potential of up to 180 days in jail. Your license may be suspended up to one year. You may also be required to attend treatment for substance abuse. Further, you face the potential […]

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I Realized I Was Too Drunk To Drive So I Decided To Sleep It Off In My Car, Why Did I Get Arrested?

April 14, 2014

In Ohio, there is an offense called “Having Physical Control of Vehicle while Under Influence.” Someone commits this offense when they are in the driver’s seat of a vehicle and have possession of the ignition key or other ignition device while under the influence of alcohol and/or a drug of abuse. This offense differs from […]

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Can I Expunge A DUI?

April 14, 2014

No, under current Ohio law, if you are convicted of a DUI you cannot have the record of that conviction sealed. What’s more, a conviction for a DUI can affect your ability to have the record of another conviction sealed. This is just one of the many ramifications of a conviction for DUI. As the […]

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My Friend Was Charged With DUI And Ultimately Got The Charges Reduced; Can You Do The Same For Me?

April 14, 2014

Unfortunately, I cannot make you any promises. Whether or not there is a possibility to work out a plea deal to a lesser charge depends on a number of factors. Some of those factors include: the facts of your case, the court in which the charges were brought, and the prosecutor handling your case. It […]

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I have been charged with my first DUI, but I refused to take a breath test and they suspended my license. How long is my license suspended for?

March 26, 2014

For someone charged with their first DUI who refuses to take a breath test, their license is immediately suspended for one year. This is called an Administrative License Suspension, or ALS. However, you will be eligible to ask the court for driving privileges after 30 days, though the court does not have to grant the […]

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Why Was My Child Charged With A DUI?

March 26, 2014

In Ohio, there are numerous different charges relating to driving while under the influence of alcohol and/or drugs. One such charge for adults is taking a breath test and having a result of .08 or over. This is what is referred to as a per se limit. However, for someone who is underage (meaning they […]

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