If you consent to police searching your vehicle, you are giving them fairly broad latitude to search your car and the officer will point to your agreement to substantiate their invasive vehicle search. While there may be other legal grounds in which an officer can search your car without your consent, providing them with consent may effectively waive your right to be free from an unreasonable search and seizure.

The 4^th Amendment and Vehicles

The 4^th Amendment of the U.S. Constitution protects people from warrantless searches and seizures.  And like our residences, a person has a reasonable expectation of privacy in their vehicle. However, due to the inherent mobility of vehicles and the possibility of evidence being destroyed quickly, the Courts have carved out a number of exceptions to the requirement of a warrant when it comes to searching vehicles.

The first major exception is where the officer has probable cause (specific, articulable facts) to believe the vehicle contains contraband or evidence of a crime. Probable cause will certainly exist in situations where contraband can be seen in plain view, but something as simple as the odor of marijuana can also provide probable cause to search your vehicle.

Second, an officer may perform a frisk of your person as well as those areas within your reach if he has a reasonable suspicion (more than a hunch, but less than probable cause) that you have a weapon. Third, if you are placed under arrest for a traffic infraction or other crime, an officer is justified in searching your person and immediate surroundings prior to placing you in his cruiser.  If your vehicle is towed or seized as part of that arrest, the police are permitted to conduct on inventory search of the vehicle after that seizure.

And lastly, even in the absence of the aforementioned situations, the police may search your vehicle if you provide them consent to search the vehicle.

Even if you feel the police are going to search your vehicle anyway, providing them with consent can eliminate any potential issues that led to their suspicion of criminal activity in the first place.

Taking Steps to Get Illegally-Obtained Evidence Thrown Out

It is the State’s burden to prove that they were justified in performing a warrantless search of your vehicle. Under the “fruit of the poisonous tree” doctrine, if they are unable to establish the necessary legal facts that led to the warrantless search, any evidence that was discovered may be ruled inadmissible at trial.  However, in order to achieve such a ruling you must first file a motion to suppress with the Court challenging the potential admission of illegally obtained evidence.

Have Questions About Your Legal Rights After a Warrantless Search of Your Vehicle? Speak to an Ohio Criminal Defense Attorney

If you were pulled over and the officer conducted a warrantless search of your vehicle, now is the time to consult with an experienced criminal defense attorney to determine if your Constitutional Rights were violated.  It can make the difference between dismissal and conviction.

The information presented in this post is not legal advice and does not form a lawyer/client relationship.

Laws and circumstances can differ and change.  Please contact us for a personal review of your situation.

Reasons You Should Not Ignore an Arrest Warrant

It is not unusual to learn of an arrest warrant before law enforcement makes contact with you. Maybe your friend’s cousin who works at the police department recognizes your name and tips you off. Maybe you never got around to changing the address on your driver’s license and the police stopped by your mom’s house looking for you. Or, maybe you are anticipating a warrant because you suddenly remembered that you were due in court yesterday.

How you heard about the warrant is not important, but what you do next counts.

Here are just a few of the reasons ignoring or dodging an arrest warrant is not in your best interest:

• If you wait for law enforcement to catch up with you, the time and place may be very inconvenient—in the parking lot of your place of employment or while you’re at the grocery store with your toddler
• If you are arrested after hours, you may spend more time in jail than you would otherwise
• If you make the police track you down, bond terms may be far less favorable than if you make arrangements to surrender yourself or schedule a court date

Unfortunately, resolving an arrest warrant on your own can be tricky. Police, courts, and prosecutors are not always inclined to cooperate with criminal defendants. That’s especially true if you have failed to appear in court before, have a significant criminal history, are charged with a serious crime, or send up some other “red flags.”

Working with an experienced local criminal defense attorney can help smooth the process and open up options for resolving the warrant.

Resolving an Arrest Warrant with the Help of a Criminal Defense Lawyer

Often, the best way to approach an outstanding arrest warrant is to retain a local criminal defense attorney to represent you. While every situation is different, an attorney familiar with the local criminal justice system may be able to arrange for a resolution such as:

• Having the arrest warrant withdrawn and a court date scheduled
• Surrendering yourself at an agreed time and place with the option of bonding out as soon as you are processed

Even if it’s not possible to ensure that you can avoid arrest or be released shortly after processing, arranging for surrender can allow you the opportunity to make any necessary arrangements, such as:

• Arranging for back-up care for your children in case you are held longer than expected
• Arranging to have adequate funds on hand to promptly post bond
• Ensuring that you surrender yourself when the court is open, if an appearance is required before you can post bond

If you know or suspect that there is a warrant for your arrest, give yourself the benefit of a knowledgeable advocate right from the start.

That’s important, as many people have a mistaken belief that shoplifting is somehow a less serious crime than theft. In fact, shoplifting may be a misdemeanor or a felony, depending on the value of the merchandise stolen.

Consequences of a Shoplifting Conviction

Misdemeanor Shoplifting

In Ohio, shoplifting is a first-degree misdemeanor if the property stolen is valued at less than $1,000.

Possible consequences of a misdemeanor theft conviction include:

• Up to 180 days in jail
• A fine of up to $1,000
• Court costs
• Restitution to the victim
• Community service
• Probation

Most shoplifting charges are misdemeanors because property stolen is generally worth less than $1,000.

It’s important to note, however, that the law treats all property valued at less than $1,000 equally. In other words, although a sentencing court might well treat the two situations differently, there is no legal distinction between stealing a candy bar and stealing a $900 piece of jewelry. The maximum possible sentence for these two shoplifters is the same, and the crime appearing on each person’s criminal record are identical.

Felony Shoplifting

When shoplifting involves property valued at $1,000 or more, the charge is a felony. 

If the value of the property stolen is $1,000 or more, but less than $7,500, the crime is a fifth-degree felony. That means a possible prison sentence of up to 12 months and a fine of up to $2,500 in addition to other consequences such as probation and restitution.

It is rare for shoplifting to involve property valued at $7,500 or greater. However, when higher values are involved, the classification of the crime will also be elevated and the potential penalties more serious.

Additional Consequences of an Ohio Theft Conviction

In addition to the court-imposed consequences of a shoplifting conviction, the criminal record associated with the crime can create obstacles and complications for years to come.

Although Ohio has introduced a limited type of “ban the box” legislation to make it easier for people with criminal histories to secure employment, the limits are not absolute. An Ohio employer who has selected potential hires may ask questions about criminal history or conduct a criminal background check before extending an offer of employment. 

Similarly, a theft conviction may be a barrier to professional licensing and maybe a hard disqualifier for certain types of employment where the employee will be handling other people’s money or have access to sensitive information.

In short, shoplifting is theft, and theft charges should not be taken lightly. If you or a loved one has been charged with theft after a shoplifting incident, speak with an experienced criminal defense attorney as soon as possible. Depending on many factors, including any past criminal history, there may be options available to avoid or limit the consequences of shoplifting. 

Call us today at 440-946-7656 or fill out the contact form on this website to schedule a consultation.

The information presented in this post is not legal advice and does not form a lawyer/client relationship. Laws and circumstances can differ and change.
Please contact us for a personal review of your situation

The shooter claimed that he’d shot his passenger in self-defense. Thanks to a recent change in Ohio law, prosecutors will have to work a bit harder if they want to convict him.

Self-Defense Law Shifts Burden to Ohio Prosecutors

Ohio law has always allowed a person to act in self-defense or defense of another in certain circumstances. However, until recently, self-defense and defense of others were affirmative defenses—defenses that the accused was required to prove in court.

Pursuant to House Bill 228 which took effect in late March, Ohio joins the rest of the country in shifting the burden of proof in self-defense cases to the prosecution.

While the new law fell short of making Ohio a true “Stand Your Ground” State, there are important distinctions that remove previous legal barriers that stood in the way of persons acting in self-defense.

Under the new law, if evidence is presented that tends to support that the accused person used the force in self-defense, defense of another, or defense of that person’s residence, then the prosecution must prove beyond a reasonable doubt that the defendant did not act in self-defense, defense or another, or defense of that person’s residence.

Unchanged by the recent act, but still important, is that a person is presumed to have acted in self-defense or defense of another when using defensive force if the person against whom the defensive force is used unlawfully, and without privilege to do so, entered or is entering the residence or vehicle occupied by the person using the defensive force. Of course, this presumption does not apply if the person against whom the force is used has a right to be in the residence or vehicle.

In short, a criminal defendant asserting self-defense or defense of others defense now has less to prove in an Ohio courtroom, and the prosecution has a higher burden in such cases.

The Impact of The New Self-Defense Law

The impact of the law has already played out in at least one case. Just days before the new law took effect, the Cuyahoga County Prosecutor dismissed charges against Joshua Walker. Walker was facing murder charges in connection with a 2017 shooting outside a Cleveland bar, though he maintained that the shooting was in self-defense. Prosecutor Michael O’Malley apparently determined that video footage of the shooting would have created a presumption of self-defense in Walker’s favor.  

Cleveland.com reported that the video showed the man who was shot putting on a pair of gloves and approaching Walker at the bar. When Walker turned to face him, the other man punched him in the face, and continued to punch him as the pair “wrestled their way out the bar’s front door.”

Talk to an Experienced Criminal Defense Attorney about Self Defense Law

If you’ve been charged with a crime or believe you are about to be charged with a crime after acting in self-defense or defense of others, it is important to speak with an experienced local criminal defense attorney as soon as possible.

Although Ohio self-defense law has changed, successfully asserting the defense still requires strategy and presentation of the right evidence.

Any steps you take on your own, from speaking with police without an attorney present to appearing in court alone, could jeopardize your defense.

Start protecting yourself and your rights now, by calling 440-946-7656 to schedule a free consultation.

The information presented in this post is not legal advice and does not form a lawyer/client relationship. Laws and circumstances can differ and change.
Please contact us for a personal review of your situation

And yet, many people have great difficulty believing that they happen. “Why would anyone confess to a crime they didn’t commit?” is a common and reasonable question. Yet, false admissions do happen, and they are used to convict both those who confessed and alleged accomplices.

Though false confessions have been in the spotlight recently—in part due to the popularity of the Netflix series Making a Murderer—the problem is far from new.

In early March, the U.S. Supreme Court let stand a $28 million judgment against a rural Nebraska county in favor of six people convicted of a 1985 murder and exonerated in 2008. Three of the six falsely confessed to playing roles in the crime; all three had histories of psychological problems.

In 2002, five men convicted in the high-profile Central Park jogger case were cleared after years in prison. While these two cases and a handful of others made headlines, many other false confession cases played out quietly. 51 of the first 225 people the Innocence Project cleared through DNA evidence had made false confessions.

How Do False Confessions Happen?

False confessions leading to conviction are generally elicited by law enforcement, through coercion, false promises, trickery, confusion, or even brutality.  

Experts break these elicited false confessions into two categories: compliant and internalized.

Compliance-Based False Confessions

Compliant-type false confessions come about when the suspect attempts to please or placate interrogators by saying what they want to hear. Sometimes, the compliance is intended to put an end to an unpleasant situation, ranging from continued custody to threats or violence.

In other cases, particularly those involving young suspects or those of lower intelligence, the compliance arises out of the suspect’s desire to do what is expected of him and please authority figures.

Internalized False Confessions

It’s hard enough for most people to believe that a suspect would be short-sighted enough to confess to a crime he didn’t commit—especially a serious crime—simply to put an end to a short-term situation like an uncomfortable interrogation. Internalized confessions are even more difficult for most people to comprehend.

This type of false confession arises when interrogators so confuse the suspect that he begins to doubt his own recollections and believe that he is guilty of the crime. Because police in the United States are allowed to lie to suspects during interrogation, this confusion is often triggered or aggravated by false representations such as “we found your fingerprints on the weapon,” or “the polygraph showed that you were lying.”

Who is Vulnerable to False Admissions?

While false confessions occur across demographics and to both misdemeanors and serious felonies, certain populations are especially likely to make false confessions.

For example:

• Young people, especially teens, give false confessions at a much higher rate than older suspects
• Those with lower intellect/cognitive difficulties are more likely to falsely confess
• ADHD seems to play a role in the likelihood of a false confession

The vast majority of teens who confessed to crimes they did not commit had neither a parent nor an attorney with them during questioning.

While these vulnerable populations are at special risk, it’s important to be aware that false confessions happen across all demographics.

Psychology Professor Nancy Franklin, who has extensively studied false confessions, says the average interrogation time for those who have confessed to crimes they didn’t commit is 16 hours.

While most people are confident they would never confess to a crime they hadn’t committed when the question is posed hypothetically, it is difficult to imagine the psychological impact of extended questioning—particularly when interrogators may be intentionally employing fear and manipulation to get the answers they want.

Have an Attorney Present During Questioning

The problem of false confessions runs deep, but there is one simple step to help protect yourself or a loved one who has been identified as a suspect in a crime: exercise your right to have an attorney present during questioning.

The information presented in this post is not legal advice and does not form a lawyer/client relationship. Laws and circumstances can differ and change.
Please contact us for a personal review of your situation

Pew Research reports that Facebook remains the most widely used platform in the United States, followed by YouTube. Two-thirds of adults have Facebook accounts and 75 percent of Facebook users check their account at least once per day.

Those under age 25 are more likely to use Instagram and Snapchat. Whatever your poison, nothing good comes from sharing every detail of your life on social media. If you are charged with a crime in Ohio, your posts on social media might harm your defense.  

Posting on Social Media Can Harm Your Criminal Defense

Social Media Evidence in a Criminal Case

Social media posts serve as evidence in criminal cases. Law enforcement and the prosecution will troll social media accounts to look for suspects, track the activity of one charged with a crime, and search for evidence to build a stronger case against those who are charged with crimes.

No federal or Ohio law prevents law enforcement from using social media to ask the public for help involving a case or from creating a fake account to gain access to posts that are private.

If you have been charged with a crime, you should assume that law enforcement will find anything they can about you on social media and use it against you in court.

Legal Processes Used to Obtain Social Media Evidence

Social media companies often hide behind the Stored Communication Act, so they don’t have to share evidence with the defense. In fact, social media evidence that exonerates a criminal doesn’t hold nearly the weight in most courts that incriminating evidence holds; and, social media companies are more eager to help out the prosecution than the defense. Authorities requested information from Facebook a little more than 42,000 times in 2018, with 39,000 for legal process reasons; Facebook cooperated 86 percent of the time.

Authorities can use the following processes to gain access to your social media postings on Facebook and other apps:

• Search warrant. This is the most common way for authorities to gain access to a social media account. A judge will issue a search warrant if there is probable cause that evidence of a crime is in an account.
• Subpoena. These are primarily issued for information not related to any postings. Even if you don’t post on social media, law enforcement can use your accounts to track you and get contact information with a subpoena.
• Title III. This process refers to actions that law enforcement can take under the Wiretap Act. Under Title III, authorities can access your account in real time if they suspect you are using your account to commit a crime.
• Pen Register, Tap & Trace. This gives law enforcement the authority to get real-time routing information like IP addresses that will be used for an ongoing criminal investigation.
• Court Order: 18 USC 2703(d). This is an order from a judge to release content-related material once law enforcement determines that specific facts in a social media account are relevant to an ongoing investigation.

Help Your Defense by Avoiding Social Media

If you have been charged with a crime, you need to avoid social media at all costs. Even if you delete your accounts, law enforcement can get what they want or need from social media companies. Not only can you harm your criminal case, but you make it more difficult for your lawyer to fight for you.

Let a seasoned defense attorney advocate for you, build a defense, and aggressively pursue the best outcome for your situation. Contact Dworken & Bernstein online today for a free consultation to discuss the details of your case.  

The information presented in this post is not legal advice and does not form a lawyer/client relationship. Laws and circumstances can differ and change.
Please contact us for a personal review of your situation

Despite the attention the jail issues received near the end of the year, 2019 is not off to a better start. In mid-January, an inmate attempted suicide and jail personnel said the incident occurred in an area where a guard had been left to monitor twice the usual number of inmates.

The Marshals’ report findings included:

• That the correctional facility had an inadequate medical program and had provided “insufficient and unclear answers” regarding the six deaths mentioned above
• That food is used punitively, and detainees in Restrictive Housing Units (RHU) do not receive adequate calories or nutrition
• The facility was deemed non-compliant with the Prison Rape Elimination Act in 119 ways in 2015, and those issues have not been corrected
• The facility has failed to perform fire emergency drills or establish that staff is equipped to safely evacuate inmates in an emergency
• The correctinoal facility is overcapacity, resulting in inmates—including two pregnant women—sleeping on the floor
• Court meals were not properly refrigerated or stored
• Lack of running water or working toilets for detainees awaiting court

Cleveland.com reports that the county knew of the health care issues in the system before the chain of inmate deaths, including a shortage of nurses and conflicts within the medical administration.

County Council President Dan Brady is quoted as having said at a Council meeting in May, “It is not a line item [in a budget] somewhere. It is really a life-and-death situation that, if not handled properly, could lead to very big trouble.”

Corrective Measures in the Cuyahoga County Correctional System

Changes are taking place in the Cuyahoga County jail system, but thus far don’t seem to be addressing the larger, structural issues. The jail officer who claimed he was in a blackout when he attacked an inmate for seven minutes resigned and the one who ignored obvious signs of distress in an inmate who subsequently died of a drug overdose was fired. A warden was demoted for “nepotism,” because he had supervisory control over his wife.

But, the jail remains both overcrowded and understaffed: according to the U.S. Marshall report, the facility is authorized to employ 677 guards but has only budgeted and approved 615, and actually employs only 581. And, the overworked staff is among the lowest-paid in the state. Starting pay for guards in the Cuyahoga County system is just 63% of that received by newcomers in Franklin County. Starting rates lag $2.00 to $7.50 behind Hamilton, Lorraine, Clermont-Stark, Butler, Delaware, Lake, Montgomery, and Warren counties.

While the low pay rate and understaffing is partly due to budgetary issues, cooks in the Cuyahoga County system start at a higher rate of pay than the guards charged with both control of and responsibility for the welfare of inmates.

The Cuyahoga County Board of Control has contracted with a national law enforcement consulting company to suggest policy reforms in the system.

Securing an Experienced Criminal Defense Attorney is Imperative

Losing your freedom is bad enough, but when jail conditions threaten your safety it is all the more important to take advantage of every opportunity to avoid conviction or negotiate for a plea agreement that doesn’t leave you at the mercy of an overcrowded, understaffed system. Talking to an experienced Cleveland criminal defense attorney as early in the process as possible may be the most important step you take.

We’re here to help. Give us a call. 216.861.4211

The information presented in this post is not legal advice and does not form a lawyer/client relationship. Laws and circumstances can differ and change.
Please contact us for a personal review of your situation

You have the right to remain silent.

Anything you say can and will be used against you in a court of law.

However, the fictional presentation of the reading of your rights and how that reading intersects with your right to remain silent can be a bit misleading. And, confusion about your rights, when they kick in, and how to assert them can lead to serious mistakes.

Your Right to Remain Silent: What You Need to Know

Here are a few important things you won’t learn in the movies but should know before you must decide about talking to the police or answering questions.

1. Your right to remain silent exists long before law enforcement officers are required to read you your rights. Miranda warnings are only required before police question you in custody and are generally not read in other contexts, such as a voluntary interview or questioning someone on the street. You do have the right to remain silent under non-custodial circumstances—police just don’t have to tell you about it.
2. Contrary to popular belief, failure to read you your rights does not mean the charges against you must be dismissed. However, any information provided to police during unlawful questioning, such as questioning a suspect in custody without Miranda warnings, may be suppressed (prevented from being introduced as evidence). And, evidence the police find based on information they obtained during unlawful questioning may also be suppressed.
3. Although you are generally not required to answer any questions posed to you by law enforcement officers, whether you are in custody, Ohio law does contain an exception. Under certain circumstances, you are required to provide police with your name, address, and date of birth. If you are reluctant to provide this information and unsure of whether the law applies, politely ask the officer whether you are legally obligated to provide this information. Failure to do so when required may result in criminal charges.
4. Though police can’t continue questioning you once you’ve advised them that you’re exercising your right to remain silent or asked for an attorney, that doesn’t mean they can’t communicate with you. When you’re in custody, law enforcement and correctional officers may engage with you, including asking you questions that are “necessary to the custodial relationship.” Some examples include giving you instructions and asking whether you understand or asking whether you take any regular medications.

Talk to an Ohio Criminal Defense Attorney

Many people who are arrested or confronted by police believe that they can “clear things up” if they just cooperate. Unfortunately, it doesn’t always work out that way. Even an innocent person can create serious complications for himself or herself in a conversation with police.

Ideally, you’ll consult with an experienced criminal defense attorney before speaking with the police and receive more specific advice about how to proceed.

Guidance from a knowledgeable advocate and having a seasoned defense attorney in the room when you interact with police can be your best defense against critical errors, mischaracterization of your statements, or being confused into agreeing with inaccurate statements or characterizations.

Whether you have already been questioned or are anticipating police questioning, your best next step is to consult with an attorney. The criminal defense lawyers at Dworken & Bernstein are dedicated to protecting your rights and your freedom at every stage of the criminal investigation, arrest, and prosecution process.

Call us right now at 440-946-7656 or complete our contact form to learn more.

The information presented in this post is not legal advice and does not form a lawyer/client relationship. Laws and circumstances can differ and change.
Please contact us for a personal review of your situation

13th District Congressman Tim Ryan has publicly stated that marijuana possession should be legal in all 50 states and has co-sponsored a bill that would remove marijuana from the federal list of controlled substances.

Ballot initiatives in some Ohio cities seek to eliminate local penalties for marijuana use and possession.

Yet, for most Ohio residents, use, possession, and cultivation of marijuana (or “marihuana,” as it’s spelled in the Ohio statutes) within the state remain criminal acts.

The landscape is further complicated by the fact that it appears that approved dispensaries within the state won’t yet be in a position to provide legal marijuana when the medical program is slated to commence on September 8th and that it may be months before they are.

In part, that’s because of a gap in the law.

Marijuana remains illegal at the federal level, even for medical purposes. And, the statute authorizing certain entities to cultivate marijuana for those who qualify to purchase medical marijuana makes no provision regarding where and how the first round of plants or seeds can be obtained.

In short, though licensed dispensaries may grow and distribute marijuana under the terms of the state’s medical marijuana program, there appears to be no legal way to get the ball rolling.

Penalties Under Current Ohio Marijuana Laws

Outside the limited exceptions contained in the state’s medical marijuana law, possession, cultivation, and distribution of marijuana are against the law in Ohio.

However, penalties for crimes involving small amounts of marijuana are not severe, unless an aggravating factor such as proximity to a school or juvenile is involved.

Possession of fewer than 100 grams of marijuana, cultivation of fewer than 100 grams of marijuana, and trafficking a “gift” of 20 grams or less of marijuana are all minor misdemeanors.

In Ohio, a minor misdemeanor is punishable only by a fine and does not carry jail time.

Perhaps just as importantly, conviction of a minor misdemeanor does not constitute a “criminal record” in Ohio, and generally, need not be disclosed on job applications and in other contexts requiring disclosure of criminal convictions.

Marijuana-Related Crimes

All other marijuana-related crimes are misdemeanors or felonies, meaning that conviction results in a criminal record and may result in jail time. The range of possible penalties is significant, depending on factors such as:

• Whether the defendant is accused of merely possessing marijuana or is charged with cultivation or trafficking
• The amount of marihuana involved
• Whether the crime occurs in the vicinity of a school or a juvenile

At the low end, possession of at least 100 grams but less than 200 grams of marijuana and cultivation of a like amount of marijuana are both misdemeanors in the fourth degree, carrying a maximum possible penalty of 30 days in jail and a $250 fine.

However, trafficking of marijuana and even possession of significantly larger quantities are treated much more harshly.

Apart from the small “gift” provision described above, trafficking in marijuana is always a felony.

Possession of 5,000 grams or more of marihuana or trafficking in 1,000 grams or more of marihuana carries a presumption that a prison sentence shall be imposed, and prison sentences are mandatory for some marijuana crimes involving larger quantities.

Talk to an Experienced Marijuana Defense Lawyer

If you’ve been charged with possession of marijuana, cultivation of marijuana, or trafficking in marijuana, it is in your best interests to speak with an experienced criminal defense attorney as soon as possible. The criminal justice system can move quickly, and defenses may be lost if you don’t act promptly and comply with technical procedural requirements.

The attorneys at Dworken & Bernstein regularly fight for the rights of criminal defendants in Lake and Cuyahoga counties.

Schedule a consultation right now, to learn how we can help you.

However, most people are a bit less clear about exactly what “beyond a reasonable doubt” means, how it is applied in a criminal proceeding, and when a jury must make that determination.

Reasonable Doubt in Ohio

Securing a criminal conviction requires that the state prove its case beyond a reasonable doubt, and Ohio law describes that standard in greater detail. In ORC 2901.05 Burden of proof – reasonable doubt – self-defense, reasonable doubt is defined:

“Reasonable doubt” is present when the jurors, after they have carefully considered and compared all evidence, cannot say that they are firmly convinced of the truth of the charge. It is a doubt based on reason and common sense. Reasonable doubt is not mere possible doubt, because everything relating to human affairs or depending on moral evidence is open to some possible or imaginary doubt. “Proof beyond a reasonable doubt” is proof of such character that an ordinary person would be willing to rely and act upon it in the most important of the person’s own affairs.

For a Criminal Conviction, the Prosecution Must Prove Every Element Beyond a Reasonable Doubt

The analysis as to whether the prosecution has proven the defendant guilty beyond a reasonable doubt is more technical than many people suspect. Most crimes are broken out into multiple elements necessary to support a criminal conviction. Each of those elements must individually be proven beyond a reasonable doubt.

For example, a person is guilty of burglary under Ohio law if (and only if) he or she:

• trespasses
• by force, stealth or deception
• in an occupied structure
• with the purpose of committing a crime within the structure

Each bullet point above is an element of the crime, and the jury must be persuaded of each beyond a reasonable doubt.

So, for example, if a juror was convinced beyond a reasonable doubt that the accused had trespassed by force in a structure with the purpose of committing a crime, but only found it likely that the structure was occupied at the time, that juror could not in good faith vote for conviction.

Similarly, if jurors determined that the prosecution had proven beyond a reasonable doubt that the accused had trespassed by force in an occupied structure, but only suspected that the accused had intended to commit a crime within the structure, the prosecution would not have met its burden and a criminal conviction would not be appropriate.

Every Juror Must Find the Defendant Guilty Beyond a Reasonable Doubt

Anyone charged with a crime other than a “minor misdemeanor” in Ohio is entitled to a trial by jury. The size of the jury is determined by the seriousness of the crime, but one important element remains the same: the jury must reach a unanimous verdict. If all jurors determine that the defendant is guilty beyond a reasonable doubt of each element of the crime, a criminal conviction may be entered. If the jurors agree that the defendant is not guilty, the defendant will be acquitted. But, if the jurors split and cannot come to an agreement, the court must declare a mistrial. In that case, the prosecution may or may not choose to try the case again.

Holding the Prosecution to its Burden of Proof

One of the most important functions of an experienced criminal defense attorney is to hold the prosecution to its burden of proof at every stage, whether that means moving to dismiss the charges early in the process or highlighting the missing elements in the prosecution’s case at trial. Simply telling your side of the story is rarely sufficient to secure an acquittal.

If you have been charged with a crime in Ohio, schedule a consultation with a seasoned criminal defense lawyer as soon as possible. In Lake County, call 440.946.7656. In Cuyahoga County, call 216.861.4211