Don't hire a former Cuyahoga County prosecutor who put people in jail every day. Or a Cleveland plea bargain lawyer who golfs with judges. Felony charges require a lawyer who fights from the start-to get charges dismissed, to suppress illegal evidence, to expose lying witnesses & cops. I fight for Freedom and Futures.
ORC 2903.11 | Felonious assault.
ORC 2903.13 | Assault.
ORC 2903.08 | Aggravated vehicular assault; vehicular assault.
OHIO FELONY MURDER: 2903.02 (B)
"No person shall cause the death of another as a proximate result of the offender's committing or attempting to commit an offense of violence that is a felony of the first or second degree and that is not a violation of section 2903.03 or 2903.04 of the Revised Code."
Undercover Officer Posed as Teen Online
In November 2018, Cosgrove entered an online chatroom and began a conversation with someone he believed to be a 15-year-old girl. During the conversation, he solicited the person he believed to be a minor to have sex and arranged to meet her.
After the conversation, Cosgrove drove to a park where he planned to meet the girl, and discovered he had been communicating with a law-enforcement officer posing as the 15-year-old. He was arrested and indicted on attempted unlawful sexual conduct with a minor, importuning, and possession of criminal tools.
The trial court designated Cosgrove as a Tier II sex offender and sentenced him to two years of community control, which required him to complete sex-offender counseling and serve a portion of his sentence in the NorthWest Community Corrections Center.
"The vehicle lacked a proper license plate, which provided reasonable suspicion for the stop. After the stop, the trooper detected the odor of marijuana emanating from the vehicle, which provided probable cause for the search."
"[W]hen detaining a motorist for a traffic violation, an officer may delay the motorist for a time period sufficient to issue a ticket or a warning. This measure includes the period of time sufficient to run a computer check on the driver's license, registration, and vehicle plates."
"A seizure justified only by a police-observed traffic violation, * * * become[s] unlawful if it is prolonged beyond the time reasonably required to complete th[e] mission of issuing a [warning] ticket for the violation. In determining if an officer completed these tasks within a reasonable length of time, the court must evaluate the duration of the stop in light of the totality of the circumstances and consider whether the officer diligently conducted the investigation."
"If during the limited scope and duration of the initial stop an officer encounters additional specific and articulable facts that give rise to a reasonable suspicion of criminal activity beyond that which prompted the stop, the officer may continue to detain the defendant to investigate those new concerns."
NEVER TALK TO COPS. THEIR JOB IS TO MAKE YOU CONFESS TO A CRIME & ARREST YOU.
DURING A TRAFFIC (OR WALKING) STOP JUST GIVE YOUR NAME AND LICENSE, DATE OF BIRTH, INSURANCE & REGISTRATION IF ASKED.
YOU DO NOT HAVE TO BE READ YOUR RIGHTS (TO REMAIN SILENT, HAVE A LAWYER) UNTIL AND UNLESS YOU ARE ARRESTED.
THE POLICE WILL TRY TO GET YOU TO INCRIMINATE YOURSELF PRIOR TO ARRESTING YOU:
*BY POLITELY ASKING YOU QUESTIONS (YOU HAVE NEVER BEEN DRINKING OR DOING DRUGS.)
*BY ASKING FOR YOUR CONSENT TO SEARCH YOUR CAR OR POCKETS (TO LOOK FOR A REASON TO ARREST YOU.)
*BY ASKING YOU TO TAKE A FIELD SOBRIETY TEST.
SAY NO TO ALL OF THE ABOVE
NEVER CONSENT TO A SEARCH OF YOUR CAR OR PERSON. SAME FOR PASSENGERS.
DO NOT EXIT THE VEHICLE IF A COP ONLY ASKS YOU, SUCH AS "WOULD YOU MIND STEPPING OUT OF YOUR VEHICLE?"
IF A COP ORDERS YOU OUT OF YOUR CAR FOR ANY REASON COMPLY WITH THE ORDER AND EXIT PEACEFULLY.
IF YOU CAN DO SO SAFELY, START TO VIDEO RECORD THE ENCOUNTER IN A NON-INTRUSIVE AND NON-THREATENING MANNER. LET THE COP KNOW YOU ARE DOING SO.
IF A COP ORDERS YOU TO PUT YOUR PHONE DOWN ASK WHY AS YOU ARE PUTTING IT DOWN ON THE DASH.
LEAVE IT RECORDING.
OFFICERS DO NOT LIKE TO BE RECORDED AND WILL OFTEN ORDER YOU OUT OF THE CAR AT THAT POINT.
IF ORDERED OUT OF THE VEHICLE BEGIN TO DESCRIBE WHAT THE POLICE OFFICER IS DOING WHILE COMPLYING WITH THE POLICE OFFICER'S ORDERS.
DRUG DOGS ALWAYS JUMP. RECORD IT IF YOU CAN.
A DUI or OVI conviction has become one of the most difficult things to overcome for employment or professional licensing.
A DUI MAY RESULT IN YOUR CAR INSURANCE BEING CANCELED.
You can be arrested for DUI even if you do not agree to perform the field sobriety test - walk the line, nose touch, recite alphabet backwards, or the worst one, the Horizontal Gaze Nystagmus Test - TESTS THAT ARE DESIGNED TO MAKE YOU FAIL.
You can be arrested IF the police officer has indications of impairment, such as odor of alcohol or weed, glassy eyes, slurred speech, or you blow into the PBT (Portable Breathalyzer Test).
If you refuse the field sobriety test and the PBT (or refuse to give a blood or urine sample once transported to a jail or hospital) your license will automatically be suspended. (Hospitals have the right to take blood for medical purposes and the police may be able to get this blood sample later.)
If this is your first OVI arrest you have the right to request limited driving privileges 15 days after your arrest. You lose this right 30 days after arrest.
My advice for a first time OVI arrest: refuse, take the 15 day suspension, get limited privileges restored, and make the case about the cop's testimony and/or dash cam video.