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Sunday, July 30, 2017

Daniel Gigiano Reviews Ohio Jury Selection

Ohio Jury Selection by Attorney Daniel Gigiano


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Wadsworth Municipal Court
Ohio jury selection is part psychology, part hunch.  In a few minutes, attorneys must decide if aperson could be fair in a particular case. That person could be a very fair person, but may not be able to decide aparticular case fairly.  On the other hand,another person may usually side with a particular side, but just may do so in aparticular situation. 


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The first rule in jury selection is not to rely onstereotypes.  While stereotypes canprovide a good
Medina County Courthouse
Medina County Courthouse
starting point, the potential juror needs to be questioned as tohis or her particular beliefs and biases. For example, I am Italian and I love Italian food.  While I know it may be hard to believe, theremight be some Italian person out there that does not like Italian food.  Another possibility is that the person has anItalian last name but does not identify as Italian.  Perhaps, the Italian culture in that person’sfamily is long gone and replaced by other cultures, or simply the Americanculture.  This also holds true forprofessions.  While many social workersand teachers may tend to be sympathetic to people’s feelings and pain, theremay be some who are more skeptical.  Thepoint is before a lawyer starts assuming he or she has a juror who can explainsome Italian cultural or cuisine item to the rest of the jury, make sure thepotential juror fits the bill.

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Wayne County Municipal Court
The second rule is to get right at what drives thatperson.  Get right at
Akron Municipal Court
the person’sexperiences and beliefs.  Most of thetime, an attorney only gets a few questions per juror to determine this.  I devote some technical questions todetermine someone’s intellectual beliefs. Then, I ask some questions about how they feel about certain topics todetermine their emotional beliefs.  Ifthere is going to be a unique approach to the trial, I may ask the jurors ifthey have any issues with that approach. For example, I tried a case where we slowed down the security videofootage to get a better look at what happened. I simply asked the jury how they felt about instant replay.  The jurors who liked it would likelyappreciate the value in slowing down the video to examine the events.  The jurors who did not like instant replaywould likely tune out all the hard work we put into slowing down the video fortheir benefit. 

Select Ohio Jurors With Values Favorable To The Facts OfYour Case


Medina Municipal Court
The third rule is ask jury questions that hit on valuesrelated to the case, without describing the case they will be hearing.  The judge may not allow me to ask questionsthat get too close to the facts of the case, so I usually have to becareful.  The judge limits questions likethat because he or she does not want me to gather a straw poll on the potentialverdict.  Would I like to do that?  Of course I would.  On the other hand, I would not put too muchstock in that process anyway, as a simplified version of the facts may notmatch that juror’s view of the facts after hearing the evidence.  Different jurors focus on differentthings.  Sometimes, they ask themselvesif the Defendant is acting the way he or she should be acting in such asituation.  This can be a brutalanalysis, as one charged with a crime may be extremely nervous and struggle toget his or her words out, making it look like they are not acting right.  Sometimes, this intuitive approach is telling;other times, it is misleading.  Yet,jurors bring in their lifetime of experiences and techniques in analyzingpeople.

Attorney Daniel Gigiano. Experienced.  Aggressive.  Dedicated.


Attorney Daniel Gigiano was admitted to the practice of lawin Illinois in 1993.  He immediately
Attorney Daniel Gigiano
began practicing as an assistant prosecutor working in a courtroom that focusedon major traffic cases, such as DUI and driving under suspension, spending overone year focusing on the many issues in these cases.  Attorney Daniel Gigiano then spent the nextfive years of his government practice working on misdemeanors, felonies, grandjury and preliminary hearings, juvenile delinquency cases, and abuse andneglect cases.  In 1999, he was admittedto practice in Ohio.  In 2000, he tookhis experience to a private practice in Wadsworth, Medina County, Ohio.  Attorney Gigiano has maintained a practice inWadsworth since that time.  During hisprivate practice, he has tried numerous criminal and civil jury trials toverdicts.  Call now at 330-336-3330 ifyou need the services of an experienced Medina County trial attorney inWadsworth.     


         

Monday, May 8, 2017

Daniel Gigiano Reviews Lower DUI Limits

Will Ohio Lower DUI Limit To .05?

 
Will Ohio lower DUI limit to .05?  In March 2017, Utah’ legislature set up thestate to become the first state to lower the legal threshold for drinking anddriving to .05 blood alcohol concentration. While states are looking to get moreaggressive with DUI laws, such efforts can result in problems in the actualapplication of the law.  This articles examines the law and theimpracticality of enforcing the law on the street and in the courtroom.



Proposed DUI Law Criticized


Critics have said the bill fails to address the realproblem, which are the 77% of alcohol-related traffic
deaths in Utah caused bydrivers with a blood-alcohol content of 0.15 and above.  The proponent of the law said the problemwith the 0.08 BAC law is that “it send the message that you can drink up to acertain point and then drive.”  Theproponent then noted that several foreign countries have a 0.05 limit. 

Proposed DUI Law Problems


The field sobriety tests were designed to determine ifsomeone is at a 0.10 BAC or above.  Whenstates lowered the limit to 0.08, that already signaled a move away fromcriminalizing driving under the influence and towards outlawing drinking anddriving.  A 0.05 BAC limit is simplyanother step in that direction.  Someoneat 0.05 could very well pass the field sobriety tests.  If the person is not under the influence ofalcohol, can that person be arrested?  Ifthe person cannot be arrested, the request for a breathalyzer does not occur. 

Attorney Daniel Gigiano. Experienced.  Aggressive.  Dedicated.



Attorney Daniel Gigiano was admitted to the practice of lawin Illinois in 1993.  He immediately
began practicing as an assistant prosecutor working in a courtroom that focusedon major traffic cases, such as DUI and driving under suspension, spending overone year focusing on the many issues in these cases.  Attorney Daniel Gigiano then spent the nextfive years of his government practice working on misdemeanors, felonies, grandjury and preliminary hearings, juvenile delinquency cases, and abuse andneglect cases.  In 1999, he was admittedto practice in Ohio.  In 2000, he tookhis experience to a private practice in Wadsworth, Medina County, Ohio.  Attorney Gigiano has maintained his private practicein Wadsworth since that time.  Call nowat 330-336-3330 if you need the services of an experienced Medina criminaldefense attorney in Wadsworth.             

Sunday, March 19, 2017

Daniel Gigiano Reviews Ohio Felony Theft Laws

In this article, Attorney Daniel Gigiano reviews Ohio felony theft laws.  Unless otherwise specified by law, theft is a misdemeanor in Ohio.  Theft of property one thousand dollars or more is a felony in Ohio.  Theft of certain listed items also elevate theft to a felony in Ohio.  This article examines how Ohio defines felony theft.

Ohio Felony Theft Values


Ohio Felony Theft Laws are defined in Ohio Revised Code2913.02.  If the value of the items totalone thousand dollars or more but less than seven thousand five hundred dollars,then the offense is theft, a felony of the fifth degree.  This offense has a maximum prison term oftwelve months.  If the value of the itemstotal seven thousand five hundred dollars or more and less than one hundredfifty thousand dollars, the offense is grand theft, a felony of the fourthdegree.  This offense has a maximumprison term of eighteen months.  If thevalue of the items total one hundred fifty thousand dollars or more and is lessthan seven hundred fifty thousand dollars, the offense is aggravated theft, afelony of the third degree.  If the valueof the property is seven hundred fifty thousand dollars or more and is lessthan one million five hundred thousand dollars, the offense is aggravatedtheft, a felony of the second degree.  Ifthe value of the property is one million five hundred thousand dollars or more,the offense is aggravated theft of one million five hundred thousand or more, afelony of the first degree. 

Ohio Felony Theft For Specified Items 


Theft of certain items are automatically felony offenses,regardless of the value of the property. These specific offenses are set forth in Ohio Revised Code 2913.02 (R.C.2913.02) and Ohio Revised Code 2913.71 (R.C. 2913.71).  Fifth degree felonies include: theft of acredit card; theft of a license plate; and theft of a blank motor vehiclecertificate of title.  Fourth degreefelonies include: motor vehicle theft and theft of a dangerous drug.  Third degree felonies include: theft of apolice dog, theft of a firearm and theft of anhydrous ammonia.  This last item has been a hot topic in MedinaCounty over the past five years, as farmers commonly use or store increasinglylarger amounts of anhydrous ammonia for use as a fertilizer.  Anhydrous ammonia is also an ingredient inmethamphetamines, which makes it a theft target.  Finally, theft of a firearm from a federallylicensed firearms dealer is a felony of the first degree.

Attorney Daniel Gigiano Reviews And Articles


To learn more, read my other related posts, where I wroteabout will thatOhio judge go along with my agreed sentence, not allfifth degree felonies are alike in Ohio, howto keep from going to jail, make sureyou do not serve the same time twice in Ohio jail, Ohio DUI laws have newchanges, the price ofOhio shoplifting, and sealingOhio convictions.  I havesuccessfully defended individuals for both misdemeanor and felony offenses,including felony theft, as set forth in the case highlights section.  This success is reflected in the followinglinks to my reviews:  DanielGigiano reviews; DanielGigiano ratings; and DanielGigiano work.    

Attorney Daniel Gigiano.  Experienced.  Knowledgeable.  



Attorney Gigiano’s office is located at 102 Main St., Ste.200,  just a short distance from Medina,Ohio.  If you have questions about thisor other questions you need answered by an experienced Wadsworth criminaldefense attorney in Medina County, please call Attorney Daniel F. Gigiano at330-336-3330.  Attorney Gigiano has triedover thirty-five jury trials to a verdict, many of them in Medina County,Summit County and Wayne County.  There is no substitute for experience and a record of success.         

Daniel Gigiano Reviews Ohio Court Personnel

Ohio Courts And The People Who Work There


Wayne County Court of Common Pleas
Wayne County Courtroom
Identifying courts and court personnel in Ohio requires theright resources.  There are trial courts,
courts of appeals, supreme courts, and the people who work at thesecourts.  In this article, Attorney Daniel Gigiano reviews the people who work in some of the most common types of courts in Ohio.  

Ohio Courts: Trial Courts


Medina County Court of Common Pleas
Medina County Courthouse
These courts are where evidentiary hearings, or trial areheld.  News reports of someone pleadingnot guilty or a jury trial are referring to activities in trial courts.  In Ohio state courts, trial courts includemunicipal courts and courts of common pleas. In the courts of common pleas, there are several divisions: generaldivision, domestic relations, juvenile, and probate.  The general division handles felony cases andcivil cases, such as personal injury and foreclosure cases.  In federal courts, the district court handlescriminal and civil cases, while the bankruptcy courts handle all mattersfalling under the bankruptcy code. 

Ohio Courts: Courts of Appeal

Ninth District Court Of Appeals
Ninth District Court Of Appeals

If you disagree with the trial court’s decision, you canappeal it.  Courts of Appeal review theactions,
procedures and decisions of the trial court.  Ohio courts of appeal hear appeals from Ohiotrial courts, usually after a final appealable order has been issued.  Federal courts of appeal hear appeals fromfederal district court.  Federal courtsof appeal also hears appeals from bankruptcy court, usually after an intermediatebankruptcy appeals court hears the case.

Ohio Courts: Supreme Courts


United States Supreme Court
U.S. Supreme Court
The Ohio Supreme Court usually hears cases from the Ohiocourts of appeal.  In certain instances,it hears appeals directly from the trial court. This court serves the same function as the courts of appeals.  However, this court, in its decisions, keepsan eye on policy issues important to the State of Ohio.  This court also drafts rules for the lowercourts to follow.

The United States Supreme Court hears appeals from federalcourts of appeals and state supreme courts, including the Ohio SupremeCourt.  The United States Constitutionsets forth the limited times that this court will serve as the trial court.

Ohio Courts: Court Personnel


Some of the people who work in these courts include:
Summit County Court Of Common Pleas
Summit County Courthouse

Justice:  a term that refers to an appellate or supremecourt judge.

Judge:  presides over trials and makes decisions intrial courts. 
Bailiff:  the judge’s assistant; in many courts, servespeople with court documents, such as subpoenas.

Clerk of Courts:  keeps records of cases, accepts filings andpayments on behalf of the court. 

Daniel Gigiano Reviews And Bio


Attorney Daniel Gigiano Reviews Ohio Court Personnel
Attorney Daniel Gigiano
Attorney Gigiano is an experienced Medina County lawyer inWadsworth.  His positive work isreflected in the following links to his reviews: DanielGigiano ratings; DanielGigiano; Workof Daniel Gigiano; DanielGigiano work; DanielGigiano reviews.  Call AttorneyGigiano at 330-336-3330 if you need the services of a Wooster lawyer near Orrville,a Massillon lawyer near Canal Fulton, or an Akron lawyer near Barberton, pleasecall Attorney Daniel F. Gigiano at 330-336-3330.    


         

Sunday, March 12, 2017

Daniel Gigiano Reviews Ohio Public School Student Searches

Ohio Public School Student Searches


When Ohio public school student searches occur, those Ohiostudents are protected by the Fourth Amendment to the United StatesConstitution.  The Fourth Amendmentprotects people in the United States from unreasonable searches and seizures.  Students can be searched if there arereasonable grounds for suspecting the search will turn up evidence that thestudent has violated or is violating either the law or the rules of theschool.    

Fourth Amendment To The United States Constitution


The Fourth Amendment To The United States Constitutionstates as follows:

“Theright of the people to be secured in their persons, houses, papers, andeffects, against unreasonable searches and seizures, shall not be violated, andno Warrants shall issue, but upon probable cause, supported by Oath oraffirmation, and particularly describing the place to be searched, and thepersons or things to be seized.”

Ohio Public School Student Searches Include Drug And AlcoholTests


Ohio public school student searches include drug and alcoholtests.  These tests are searches limitedby the Fourth Amendment.  Public schoolscan test students for drugs or alcohol if there is reasonable suspicion thatthe student has consumed alcohol or drugs. Reasonable suspicion exists if the student looked impaired and there wasreliable information the that the student recently consumed alcohol or drugs.

Random Drug Testing Of Students Is Limited


Ohio schools cannot have a random drug-testing policy forall students.  Ohio schools can haverandom drug-testing for students who participate in school activities, such asathletics, band and choir. 


Attorney Daniel Gigiano. Experienced.  Aggressive.  Dedicated.



Attorney Daniel Gigiano was admitted to the practice of lawin Illinois in 1993.  He immediatelybegan practicing as an assistant prosecutor working in a courtroom that focusedon major traffic cases, such as DUI and driving under suspension, spending overone year focusing on the many issues in these cases.  Attorney Daniel Gigiano then spent the nextfive years of his government practice working on misdemeanors, felonies, grandjury and preliminary hearings, juvenile delinquency cases, and abuse andneglect cases.  In 1999, he was admittedto practice in Ohio.  In 2000, he tookhis experience to a private practice in Wadsworth, Medina County, Ohio.  Attorney Gigiano has maintained his private practicein Wadsworth since that time.  Call nowat 330-336-3330 if you need the services of an experienced Medina criminaldefense attorney in Wadsworth.              

Daniel Gigiano Reviews Mental Capacity For Wills

Will Changing Mental Capacity


In 2016, the Ninth District Court of Appeals decidedthat a person under legal guardianship can
execute a valid will, ruling on willchanging mental capacity.  Even morenotable are the reasons: he suffered from schizophrenia, post traumatic stressdisorder, had a low IQ and was a frequent drug user.  Using traditional analysis, the court determinedthat he had the capacity to execute a will. 

Will Changing Mental Capacity Factors


In order to have the capacity to execute a will, one mustunderstand: (1) that he or she is drafting a will; (2) what he or she owns; (3)who his or her natural heirs would be without a will; and (4) his or herrelation to the members of his or her family. Such understandings are at the level of a layperson and not anattorney.  This means the person shouldbe able to state whether or not he or she owns real estate, vehicles and otherproperty.  The person should be able torecall all of his or her biological and adoptive children.  These are just a few examples, but the pointis that this is not a highly complex level of understanding. 

Court Of Appeals Will Change Mental Capacity Decision


The court of appeals did note that being subject toguardianship creates a presumption that one lacks
the capacity to execute awill.  However, that presumption can beovercome by showing facts that support the four factors for capacity to executea will. 

In the case at hand, the person changed his will and familymembers asserted that the will was invalid. In reviewing the evidence, the Ninth District Court of Appeals decidedthat the presumption of lack of capacity was rebutted.  However, this does not end the inquiry, asthis only rules out automatic lack of capacity. Once this occurs, the court disregards the guardianship as evidence oflack of capacity and looks at other evidence of capacity to execute awill.  For technical reasons, the courtsent the matter back to the probate court to consider conflicting testimony oncompetency, which could affect the capacity to execute a will.   
   
The Ninth District Court of Appeals also considered theissue of undue influence.  Undueinfluence is not the mere presence of some influence.  Undue influence occurs when the person’s willis so overpowered that he or she is no longer expressing free will in executingthe will, but is expressing the will of another.  The factors are: (1) a susceptible person;(2) another’s opportunity to exert influence on the person; (3) attempted oractual improper influence; and (4) a result showing the effect of suchinfluence. 

Attorney Daniel Gigiano. Experienced.  Knowledgeable.


Attorney Daniel Gigiano is a Wadsworth probate lawyer, whoserves the needs of clients in Medina County, Wayne County and Summit County.  Call now at 330-336-3330 if you need theservices of an experienced probate attorney.     


         

Daniel Gigiano Reviews Ohio Felony Sentencing

Wayne County Court of Common Pleas
Wayne County Courtroom
Ohio felony sentencing laws place most Ohio crimes into fiveclasses.  These range from the lowest(fifth degree felony) to the highest (first degree felony).  This article will focus on the basicsentencing scheme.  This article will notdiscuss specialized Ohio felony sentencing laws, such as the death penalty,life imprisonment, and mandatory additional prison time.  Rape and murder are crimes that fall intosuch specialized Ohio felony sentencing laws. 

Ohio Felony Sentencing Range


Medina County Court Of Common Pleas
Medina County Courthouse
The lowest offense is a fifth degree felony, which carriessix to twelve months in prison.  Next,comes the fourth degree felony, which carries six to eighteen months inpris
on.  Third degree felonies have twotiers.  The upper tier carries one to fiveyears in prison.  The lower tier carriesnine to thirty-six months in prison. Second degree felonies carry two to eight years in prison.  Finally, first degree felonies carry three toeleven years in prison. 

Ohio Prison Presumption


Summit County Court Of Common Pleas
Summit County Courthouse
Unless certain factors apply, Ohio law guides judges againstimposing prison time for fourth and fifth degree felonies.  There is no presumption for third degreefelonies.  There is a presumption forimposing prison time for first and second degree felonies. 

Ohio Felony Sentencing Chart


Felonyclassification
Presumption
Sentencing Range
Fifth degree felony
Against prison
6-12 months
Fourth degree felony
Against prison
6-18 months
Third degree felony-lower
None
9-36 months
Third degree felony-higher
None
12-60 months
Second degree felony
For prison
2-8 years
First degree felony
For prison
3-11 years



Attorney Daniel Gigiano. Experienced.  Aggressive.  Dedicated.

Attorney Daniel Gigiano Reviews
Attorney Daniel Gigiano
Attorney Daniel Gigiano was admitted to the practice of lawin Illinois in 1993.  He immediately beganpracticing as an assistant prosecutor working in a courtroom that focused onmajor traffic cases, such as DUI and driving under suspension, spending overone year focusing on the many issues in these cases.  Attorney Daniel Gigiano then spent the nextfive years of his government practice working on misdemeanors, felonies, grandjury and preliminary hearings, juvenile delinquency cases, and abuse andneglect cases.  In 1999, he was admittedto practice in Ohio.  In 2000, he tookhis experience to a private practice in Wadsworth, Medina County, Ohio.  Attorney Gigiano has maintained a practice inWadsworth since that time.  Call now at330-336-3330 if you need the services of an experienced Medina DUI attorney inWadsworth.