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Dayton Family Law And Criminal Defense Blog

The problem with 'bartering' to divide assets

Dividing assets can get complicated. The easiest way to do it, in some ways, is to sell all of the assets you own and then split up the money. If you do this, you know that both you and your ex got a fair share.

However, the logistics of actually doing this make it nearly impossible for many people. While they may sell the house or the vacation property, they do not want to sell everything. Instead, they "barter" back and forth, exchanging different items.

How often do crime labs have to calibrate testing equipment?

If you get pulled over by a police officer, he or she may give you a breath test and/or make you do field sobriety tests to determine if you are under the influence of alcohol. These tests can be enough to warrant an arrest.

However, you may then be given other types of tests in a lab setting to further establish if you were under the influence of illicit substances. These could be blood tests, urine tests and the like.

What are the most common reasons cited for divorce?

On the day you said "I do," you probably didn't think you'd have to file for divorce one day. Nevertheless, if you're reading this, you're either thinking about bringing your marriage to a close or you've already initiated the process. At this point, the most important thing you can do from a mental health standpoint is to avoid blaming yourself or your spouse for the breakup.

To help you understand that you're not alone, look at the most common reasons for divorce. Chances are, you've experienced at least one of these situations in your marriage:

Roadside OVI tests are not the best gauge of intoxication

OVI cases are among the most disputed out of all criminal cases. One Ohio woman has taken her OVI case all the way to the state's Supreme Court to try to get it overruled. 

After pulling you over on suspicion of operating a vehicle while intoxicated, the police are likely to administer field sobriety tests to see if you are under the influence of alcohol. The problem with this is that these tests are set up for failure. The most common tests are the horizontal gaze nystagmus test, one leg stand test and the walk-and-turn test. Based on how the officer conducts these tests, you may be able to get a judge to throw out your OVI case.

Military divorce proceedings: Who gets the retirement benefits?

Imagine you're a military service member, and your spouse of ten years has filed for divorce. You're probably experiencing a lot of difficult emotions and psychological turmoil. You may also be worried about something: What's going to happen to your retirement pension? This is an important concern. In fact, depending on your marital history and family situation your spouse may have the right to a significant amount of your pension.

Just like any other kind of retirement benefits, your military benefits are divisible in the divorce. The Uniformed Services Former Spouses' Protection Act (USFSPA) states that state courts can divide military retirement pay in divorce proceedings as if it were a part of the marital estate. The USFSPA doesn't offer a specific formula for breaking up the retirement pension between the spouses. However, Ohio law does -- and these laws must be adhered to in the divorce process.

How much does an Ohio OVI affect auto insurance rates?

When you receive a charge and a subsequent conviction for operating a vehicle while impaired in Ohio, you may find that your finances take a serious hit in the aftermath. An OVI can cost you a considerable amount of money once you factor in fines, costs associated with ignition interlock devices and so on, but it may also cost you in ways that come from outside of Ohio’s criminal justice system.

For example, an OVI can affect your ability to commute, meaning you may need to rely on public or other potentially costly forms of transportation. While this can cost you a substantial amount of money, notes that your OVI can also have a significant impact on your auto insurance rates once you are able to get your license back.

How to introduce the topic of divorce

Introducing the topic of divorce with your spouse may be one of the most difficult things you'll ever have to do. However, the way you do this is important as it will affect how easy your divorce is going to be – both emotionally and financially. The way you start the topic may depend on your spouse's current feelings about the relationship

For example, does your spouse expect you to talk about divorce? In most cases, your spouse will probably not be surprised that you're ready to call it quits on the relationship. Chances are that you have not been having an easy time in your marriage, and your spouse hopes that things would be better. In addition, there's a high probability that you beat your spouse to the punch. If this is the situation, you can open the discussion by gently bringing up some of your spouse's complaints and moving into your "solution" from there.

The “unlawful search and seizure defense”: A powerful tool

Countless individuals are arrested and accused of serious drug crimes throughout the United States each year. But that does not mean these accused individuals are ultimately found guilty. Indeed, every accused person has the right to a defense and they will remain "not guilty" or "innocent" until the prosecution successfully proves – beyond a reasonable doubt – that they committed the alleged unlawful act. Until this occurs, if you're facing drug charges, you'll be able to initiate a variety of strategies to defend yourself.Here is one possible drug crimes defense strategy called the defense of "unlawful search and seizure":

Police need to follow important rules and guidelines when enforcing the law. One of these rules relates to the need for a suitable reason for pulling someone over and performing an investigation. Imagine you were driving your car, police pulled you over and found drugs in it. Or, imagine police pulled you over for driving through a red light, but there was no reasonable evidence to suspect you could have drugs in your car. They would not have any valid reason to perform a search.

Were you accused of securities fraud?

Securities fraud is one of the many criminal actions referred to as "white collar crime." That's because the crime doesn't involve violence, it's financial in nature and it's usually carried out by professionals who wear a white collar to the office. Since being convicted of securities fraud could land you in jail -- for years in some cases -- you might want to familiarize yourself with the ins and outs of this offense.

One of the most common forms of securities fraud is "insider trading." This happens when someone with insider information gives it to someone else -- perhaps just before a merger or bankruptcy announcement. Armed with this information before everyone else, investors can make large investment profits by initiating trades before the public release of the news. Maybe a vice president of a large corporation knows that his company is about to release a subpar earnings report, so he liquidates all of his shares or buys short options on the company's stock. This would be an illegal insider trade.

How will a criminal defense lawyer help me in my drug case?

A criminal defense lawyer is an important asset when it comes to defending yourself against criminal charges. Although some defendants choose to represent themselves without a lawyer, they may want to consider how an experienced attorney can help them get organized, protect their civil rights and present legal arguments in a skilled and strategic fashion.

After all, it's not likely that the average defendant will have had to navigate many criminal court matters in the past, but for a lawyer, the process is second-nature. There are many ways that a lawyer can help you if you face charges.

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