If you are involved in a DUI or other criminal investigation or facing a criminal charge, you probably have questions about your options and how to protect your rights. At the Law Firm of A. Dale Naticchia, we understand what you are going through during this stressful time. Our team has handled a wide variety of DUI and criminal defense matters over the last 33 years. We defend ordinary people accused of crimes in Cleveland, Akron, and throughout Cuyahoga County. During the last 18 years, A. Dale Naticchia has focused on drunk driving cases, providing people who were pulled over and arrested for driving while intoxicated with a tenacious and thorough defense. Whether you are currently facing a criminal charge or are trying to avoid a charge being brought, contact a DUI attorney at our Cleveland office today to learn more about how we can keep your record clean and preserve your reputation.DUI
According to Ohio law, it is illegal to operate a vehicle with a blood alcohol content (BAC) of 0.08 or higher. For commercial operators, the limit is 0.04 percent, and for people under 21, it is 0.02 percent. Although people often refer to it as a DUI, Ohio law technically defines this offense as operating a vehicle while intoxicated, or OVI. The penalties associated with the offense vary depending on whether this is your first OVI charge or a repeat charge. For example, your first offense carries a potential jail sentence of three to six months and fines between $375 and $1,075. The amount of jail time and fines increases with each subsequent offense, as well as the amount of time that your license may be suspended. For anything beyond a first offense, you will probably be required to install an interlock ignition device, which requires the driver to provide a breath sample before the vehicle will start. There is also the possibility that the court could order you to wear a continuous alcohol monitor (SCRAM) even before you have been convicted.
There are often defenses that a Cleveland DUI attorney can potentially raise on behalf of an individual charged with driving under the influence. Many times, there are grounds to appeal the suspension of your license. The attorney must obtain any evidence that the prosecution plans to use against you. Examining this evidence will shed light on any weak points in the prosecution’s case that may prevent them from proving the charge against you. Frequently there are issues with the evidence, such as an officer conducting an unlawful search or using an unlawfully obtained statement, you can file a motion to suppress the use of this evidence in court. There may be defenses that the equipment used to conduct a breathalyzer test was not properly maintained or that the operator did not have the proper certification.
Finding and asserting these weaknesses and defenses often creates the option of pleading to a lesser offense called a wet reckless, which is a case involving intoxicated driving that is reduced as reckless driving or similar less serious traffic offense.
Ohio defines domestic violence broadly to include any conduct of physical violence or threats of violence. It also encompasses emotional, financial, and sexual abuse. When it comes to physical abuse, domestic violence consists of any act of physical violence or attempted physical violence carried out against a household member. Examples of conduct that falls within this definition include hitting, pushing, throwing objects, choking, sexual assault, physically restraining an individual, or pointing a weapon at another household member. The penalties associated with domestic violence charges depend on whether this is the first offense that the defendant is facing. For a first offense, the defendant faces a maximum of six months in jail and a fine of up to $1,000.
The impact of a domestic violence charge is immediate and can be long lasting. The court will issue a temporary protective order that prevents you from going home or contacting anyone in your household. Any firearms will be confiscated. You may be ordered to wear a GPS ankle bracelet so the court knows your whereabouts at all times. You can also be ordered to wear a SCRAM bracelet if alcohol was involved. The court may also order that you obtain a drug/alcohol assessment and enter into a treatment program. All these requirements will be at your own expense. Any violation of the temporary protection order will have drastic consequences that could be as serious as the domestic violence charge. These violations include returning a communication from a person protected by the order (i.e they can contact you but you cannot contact them).
There are serious long-term impacts of a conviction of a domestic violence charge aside from a jail sentence. Teachers, medical professionals and anyone who works with the elderly or children will more than likely lose their jobs and have their careers destroyed. Parents with children of school age will be disqualified from participating in school activities such as coaching athletics or volunteer work involving children. You will not be able to own or possess a firearm. More than likely you will be placed on probation for years and be subject to random drug and alcohol testing. Domestic violence is an enhanceable offense and any subsequent charge will be treated as a felony
If you are facing a domestic violence charge, your rights must be vigorously defended. In many cases, there are inconsistencies in the alleged victim’s story or their statements are inconsistent with the physical evidence. In other situations, the victim was the primary aggressor and the person charged was simply defending themselves. It is not uncommon that the victim contrives a charge as part of a plan to gain an advantage in a divorce proceeding.Drug Crimes
In addition to assisting people who need a DUI lawyer in the Cleveland area or representation in fighting charges of domestic violence, A. Dale Naticchia represents defendants charged with offenses involving narcotics. Drug crimes are some of the most common charges that Ohio residents face. They include a broad range of offenses, and Ohio law defines many of them specifically. The penalties associated with the offense vary depending on whether the defendant has prior offenses, the amount of the narcotic involved, the type of narcotic, whether firearms were also present, and whether the defendant intended to distribute or sell the narcotics in question. If you have been arrested for a drug crime, or you are the subject of a drug crime investigation, it is essential that you speak to a qualified and experienced drug crime lawyer sooner rather than later. It may be tempting to speak with the authorities to clear your name, but this can backfire because these parties do not necessarily have your best interests in mind.
There are often defenses to drug charges that may be applicable in your situation. For example, your attorney can file a motion to suppress any evidence that was obtained through an unlawful search and seizure in violation of your Fourth Amendment Rights. There are specific procedures that authorities must follow when stopping an individual or conducting a search, such as having a warrant or permission to look in certain areas. Other common defenses are that the narcotics belonged to another individual or that the defendant lacked the intent required to sustain the charge.Theft Crimes
Ohio identifies several theft crimes, including robbery, burglary, shoplifting, grand theft, and the knowing receipt of stolen property. If you are facing a theft charge, it is essential that you speak to an experienced theft crime lawyer so that you understand your rights and protect your interests. The penalties and fines associated with theft crimes vary based on several different factors. Various defenses may apply in your situation, including a genuine belief that you owned the property or had a right to access it, intoxication, or lack of intent. If you did not possess the requisite mental state at the time that the alleged theft occurred, the prosecution will be unable to prove its case against you. In most cases, this mental state is an intent to deprive another party of custody and control of the property. You may also be able to suppress any evidence that the prosecution intends to use against you if it was obtained in an unlawful manner.Consult a Cleveland DUI Lawyer or Seek Representation Against a Criminal Charge
Whether you are facing your first experience with the criminal justice system, or you are seeking to protect your rights in an ongoing investigation, the legal professionals at the Law Office of A. Dale Naticchia can help you understand your rights at every step of the process and assist you with navigating this stressful situation. We represent people throughout Cuyahoga County, including in Cleveland, Akron, Parma, Bedford, Berea, Rocky River, Garfield Heights, Stow, and Barberton. We offer a free consultation to help you find out how we can assist you. Call us now at 216-520-5297 or contact us online.
We handle not only first-time DUI charges but also repeat DUI cases and special contexts such as underage drivers and commercial operators...
At the Law Office of A. Dale Naticchia, we believe that every defendant deserves dedicated legal counsel during a criminal investigation or proceeding...