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If you have a question about a criminal arrest or procedure, just type your question in the search box to the right and press “search”.

Or you can click on a “category” on the right and see all of the questions we’ve answered about that subject.

And if by chance we do not have an answer to your question here, just give us a call at 419-464-7757.

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When speaking with potential clients we always ask about what happened after they were taken out of their vehicle.  In theory they should have been subjected to the field sobriety tests before being arrested.

Most of our clients fall into two categories:  people who feel they passed, and people who feel they failed horribly.

The truth is that almost everyone fails the field sobriety tests, and they fail the tests because they are almost guaranteed to do so from the very beginning.  One staggering fact is that over 50% of officers get the results wrong on the eye test, even if they do the test perfectly.

Good news though.  As former prosecutors we know exactly how to defend our clients when it comes to field sobriety testing.

Call us at (419) 464-7757.  Ask to speak to me, Joe Patituce, about the specifics of your case.  The call is confidential and without any obligation whatsoever.  If I agree to take your DUI case on I promise that my team and I will immediately go to work fighting for you.

 

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What are the penalties for rape when the victim lies?

If you have been accused of rape you need to immediately hire an experienced criminal defense attorney to protect you from these charges.  In many of these cases the accused victim is not only exaggerating but telling an outright lie.

The penalties for a rape are exactly the same if the alleged victim in your case lies or not – it all depends on whether the jury believes the alleged victim’s lie.  Many clients come to us frustrated that more has not been done by the police to expose these lies.  In other words, prison is mandatory for a period of 3 to 11 years PER charge.

This is why it is important to hire former prosecutors, and police officers, to defend you from these cases.  One thing we always make sure we do is fully investigate the case and show how the alleged victim is lying – why they are lying – and why our client should be believed.

If you are serious about defending yourself call us at (419) 464-7757.  Ask to speak with me, Joe Patituce, about the specifics of your case.  The call is private and without any obligation, if I agree to take your case on I promise that you will be treated with the respect and dignity that you deserve.

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What happens to me if I refuse to take a breath test?

There are a lot of theories out there about whether or not it is better to take a breath test or to refuse.  We will address that question in another posting, however, today we are looking at what happens to you if you refuse a breath test.

If you refuse a breath test after having been arrested for a DUI you will be charged with a form of the offense, that if it is your first time, you will be facing a minimum of six days in jail up to 180 days.  Your license will be suspended by the court for six months to three years, party plates are mandatory, as is the interlock device.  Again, this only happens if you are convicted of the crime.

On top of the above the police will suspend your license administratively for a full year, however, there are many ways to address that suspension.  It is important to aggressively fight any type of DUI charge as they can be beat.

With all of that aside, if you refused to take the breath test the prosecution has a much harder time convicting you of the offense than if all they had to do was prove a number from a machine.  The prosecutor now has to prove that you were actually impaired, convince a jury that field sobriety tests are accurate, and more importantly that you should be convicted.

If you are serious about defending yourself from these charges call us at (419) 464-7757.  Ask to speak to me, Joseph Patituce, about the specifics of your case.  Your matter is important to us and if I agree to take on your case it will be treated with the respect and dignity that you deserve.

 

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Most people are shocked to learn that even a first offense DUI, or OVI, charge carries with it a mandatory jail sentence!

If you have been charged with a DUI you need to immediately hire an experienced DUI defense team to protect you from what happens upon a conviction for these offenses.  The largest mistake people make when facing these charges is either waiting to hire, or attempting to throw themselves on the mercy of the court.

The penalties for a DUI depend on how many priors you have, your breath alcohol level or if you refused – the refusal.

Because we are discussing a first offense here the penalties for a low tier, or test between 0.08 and 0.17, are a minimum of three days in jail up to a full six months.  The court must suspend your license for a period between six months and three full years.  The party plates and interlock device are optional at the judge’s discretion.

If you are in the high tier or refusal category you are looking at a minimum of six days in jail up to 6 months, the party plates, and interlock device become mandatory.

Call (419) 464-7757.  Ask to speak to me, Joseph Patituce, regarding the specifics of your case.  If I agree to take your matter on I promise that my team and I will treat you with the respect and dignity that you deserve.

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If you have been accused and arrested for a DUI in Toledo, or the surrounding cities, you need to immediately hire an experienced DUI defense attorney to protect you from the potential penalties that you face.

All DUI charges carry mandatory jail time, even a first offense.

The penalties for a first offense DUI in Toledo Municipal Court can be quite serious, and steep.  If you took a breath test and that result was between 0.08 and 0.17 you are facing a mandatory minimum jail sentence of 3 days up to 6 months, a license suspension of 6 months to 3 full years, with the judge having the option of giving you the party plates and interlock device.

Matters get worse if you produced a test over 0.17 or refused.  For these cases the jail time starts at 6 days, the party plates become mandatory, as well as the interlock device.

I know that you might be saying “But that cop told me if I blew and failed I would only lose my license for 90 days.”  Unfortunately, this deceptive practice is allowed because the officer was only telling you about the administrative suspension – not what would happen from a court suspension.

Call (419) 464-7757.  Ask to speak to me, Joseph Patituce, about the specifics of your matter.  The call is completely confidential and has no obligation.  If I agree to take your case on I promise that my team and I will treat you with the respect and dignity that you deserve.

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There is a huge difference between sentencing in State court and in Federal court.  In State court the legislature has set out very specific, and definite sentences.  For instance if you are charged with theft of $500,000.00 you face a prison sentence of nine to thirty six months in prison.  But in federal court you could be potentially looking at 20 years in prison for the exact same offense.

How does that work?

In federal court the judges make use of what are called the federal sentencing guidelines.  The guidelines are essentially a grid where the further down you go, and the further to the right you go, the higher your sentence will be.

In our example above the amount of money taken sends you further down the grid, as would the age of the victim, methods used to obtain the funds, and so forth.

It is why it is important to hire an experienced federal defense attorney to protect you from these charges.

Call (419) 464-7757.  Ask to speak to me, Joe Patituce, regarding the specifics of your matter.  The call is without any obligation and is completely confidential.  If I agree to take your case on I promise that my team and I will treat you with the respect and dignity that you deserve.

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What are the penalties for wire fraud in federal court?

Wire fraud is often considered a catch all type of charge for white collar crimes.  A description of the crime can be found under 18 U.S. 1343.  While it is a catch all type of charge the penalties are very serious.

The penalties for wire fraud under 18 U.S. 1343 carry maximum prison sentences of up to 20 or 30 years, plus a fine of 1,000,000.00 dollars if convicted.  But that is a very general answer, most people are interested in what their actual sentence would be.

Many criminal defense attorneys, especially those who do not practice federal defense, are not familiar with how the federal sentencing guidelines work.  For instance, even though wire fraud as described above has a potential maximum of 30 years in prison that does not tell you what the sentence is.

An experienced attorney has to look at the unique facts of your case to determine what your sentence would end up being – amount of money involved, who it was taken from, how it was transferred, the scheme involved, was a position of trust involved?

Call (419) 464-7757.  Ask to speak to me, Joseph Patituce, about the specifics of your case.  I promise that if I agree to take on your case that my team and I will treat you with the respect and dignity that you deserve.

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What are the penalties for a first offense DUI?

The penalties for all DUI offenses in the State of Ohio carry with them mandatory penalties that can be quite harsh.  So what are the penalties for a first offense DUI?

All first offense DUIs start with mandatory jail time, mandatory license suspensions, and possibly more depending on the level of your breath test.  For instance, if you refused the breath test or it was above a 0.17 you are looking at a minimum of 6 days in jail up to a full 6 months.  On top of that you are looking at losing your license for 6 months to 3 years.

It is important that you aggressively defend yourself from these charges.  Even if you had a drink, or two, these cases are important and they can be won by defendants who hire experienced defense attorneys.

To begin – the reasons police officers pull people over are often overstated or sometimes completely fabricated.  For instance, we recently defended a man who was accused of driving under suspension – when this was tested it was shown that this was completely false and there is no way the officer could have known the defendant was driving under suspension.

Also, field sobriety tests are incredibly faulty and rarely are they administered correctly.  We know how to attack them.

Call us at (419) 464-7757 if you are serious about defending yourself.  Ask to speak to me, Joseph Patituce, and we will discuss the facts of your case.  The call is completely confidential and without any obligation at all.

 

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What Are The Penalties For A First OVI?

The penalties for a first offense OVI can be quite serious.  They include mandatory jail time, mandatory license suspension, and other costly penalties.

For example, if you took a breath test and your result was between 0.08 and 0.17 you face a mandatory minimum of 3 days up to 6 full months in jail.  On top of that you will lose your license for 6 months to 3 years.  (Yes, I know the cop said it would only be 90 days if you failed the test, more on that below.)

If you refused or blew over a 0.17 you are looking at a mandatory minimum of 6 days in jail, the other penalties above, and on top of that the party plates and the interlock device become mandatory for you.

We completely understand that you only took the breath test because the police officer told you that if you took it you would only be looking at a 90 day suspension but if you refused you would lose your license for a year.  Did he lie?  Some would say yes.  The license suspension the police officer was telling you about was the administrative license suspension (ALS) not the suspension you receive if convicted.

It is important that you aggressively defend yourself from these charges, and these cases can be beat.

Call (419) 464-7757.  Ask to speak to me, Joe Patituce, about the facts of your case.  The call is completely confidential and without any obligation at all.  If I agree to take your case on I promise that my team and I will treat you with the respect and dignity that you deserve.

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How To Hire The Best DUI Lawyer In Toledo?

One of the most important, if not the most important, decisions you will make after you have been arrested for a DUI is what attorney to hire.  It is important that you hire the best DUI defense attorney that you can afford.

As a former prosecutor myself I can tell you that defendants often received a better result with a better attorney.  When I was up against attorneys that did not work hard, or did not really understand the type of case they were defending the defendant ended up getting less than they could.

For example the experienced defense attorneys that really pushed me, as the prosecutor, to justify the charges and the evidence ended up helping me justify giving their client a better deal or a better resolution.

That is how we have modeled our practice.  We push, we fight, and we do everything that we can to help our clients.  That is why you are paying us after all, you are not paying us to just show up to court or to not know every detail of your case and the law… you are paying us to get you the best result possible.

When I teach DUI defense to other attorneys that is one thing that I emphasize – a DUI defense attorney, to be the best, needs to know every detail about their client, their case, and the law.  Prosecutors do not just hand out reductions or dismissals – they fight.  And if necessary the attorney has to be ready to go to trial, which we do… often and successfully.

Call (419) 464-7757.  Ask to speak to me, Joseph Patituce, about your case.  If I agree to take your matter on I promise that you will be treated with the respect and dignity that you deserve.

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