Entering Canada a Problem with DUI or OVI Conviction 22 Apr 2016, 7:18 pm

U.S. citizens seeking to enter Canada with a criminal record, whether a simple misdemeanor or a felony conviction, can be turned away at the border under Canada’s admissibility rules. This can be an unwelcome surprise to someone with a DUI or OVI conviction hoping to enter the country. Any criminal offense on your record could keep you out of the country.

Immigration law in Canada does not distinguish between misdemeanors and felonies. Offenses are considered to be either summary or indictable.  A conviction in the U.S., which has an equivalent offense in the Canadian Criminal Code, is deemed to be an indictable offense.

Canada’s “Operation While Impaired” offense is indictable and is punishable on a summary conviction. Any drug or alcohol related driving offense in the U.S. is considered by the Canadian government to be equivalent to this statute. Canada’s “Dangerous Operation of Motor Vehicles” statute is the equivalent assigned to most U.S. reckless driving convictions. This means that even though your DUI/OVI case may have been pleaded down to a reckless operation charge, you will still be found inadmissible to Canada.

Marisa Feil, an attorney who specializes in Canadian immigration law, states that there are only two ways to overcome the criminal conviction hurdle to successfully enter Canada. They are:

1. Apply for a temporary resident permit.
2. Apply for criminal rehabilitation.

That’s it. There are no other options.

To be found eligible for criminal rehabilitation, five years must have been passed from the completion of your sentence for your crime. This includes any fine payments, community service, etc. Upon approval of your application for criminal rehabilitation, your inadmissibility status will be lifted, and you will be approved to enter the country.

If you are not eligible for criminal rehabilitation, you will need to apply for a temporary resident permit – TRP. In order to be a approved for a TRP, you must have a specific reason for entering Canada. To apply for a TRP, you must visit a Canadian Visa office, or a port of entry. It can take some time for a TRP to be approved, so be sure to apply well in advance of your intended visit.

It is advisable to apply for the TRP even if you are eligible for criminal rehabilitation as it may take longer for the criminal rehabilitation application to be approved. The TRP can serve a temporary solution, while the criminal rehabilitation application is being considered for approval.

It is advised to contact an attorney in Canada that specializes in criminality. The country does not typically handle TRP or criminal rehabilitation applications with same speed and attention as work permits, study permits, or permanent residence applications. If you are planning a trip to Canada and have a criminal conviction, it is best to contact an experienced immigration lawyer to facilitate your application.

Clermont County Municipal Court Case Numbers 2015 TRC 456 and 2015 CRB 158 10 Apr 2015, 8:15 pm

Client was charged by Amelia police with Operating a Motor Vehicle while under the influence of alcohol (OVI)  in violation of Ohio Revised Code section 4511.19(A)(1)(a) a misdemeanor of the first degree, and failing to inform a police officer that he was a licensed concealed carry permit holder and that he was carrying a firearm in violation of Ohio Revised Code 2923.12 a misdemeanor of the first degree.     Counsel was able to get the OVI charge dismissed and tried the gun charge to the bench.  After trial, Client was only found guilty of a minor misdemeanor violation of Ohio Revised Code 2323.12(F)(3) and was able to keep his concealed carry permit (CCW) and firearm.

Clermont County Municipal Court Case Number 2014 TRC 2225 10 Apr 2015, 8:07 pm

Client was charged by Ohio State Patrol with Operating a Motor Vehicle while under the influence of alcohol (OVI)  in violation of Ohio Revised Code section 4511.19(A)(1)(a), and Operating a Motor vehicle with a prohibited level of alcohol in his blood as measured by the DataMaster breath testing instrument, measuring a .110 (BAC), a “low tier” OVI, in violation of Ohio Revised Code section 4511.19(A)(1)(d), both misdemeanors of the first degree, and failing to have a front license plate in violation of Ohio Revised Code section 4503.21, a minor misdemeanor.    Client submitted to the standardized field sobriety tests, which the trooper indicated were performed poorly.   Counsel was able to work out a plea arrangement to a reduced charge of Reckless Operation.

Fairfield OVI/DUI 12 Mar 2015, 7:56 pm

Fairfield, Ohio Municipal Court, Case No. 2015 TRC 00283.  Client was stopped by Fairfield Police for driving without his headlights and charged for failing to maintain his lane, a violation of Fairfield Municipal Code 331.08(A), and Operating a Motor Vehicle while Under the Influence of Alcohol (OVI) in violation of Fairfield Municipal Code 333.01(A)(1)(a).     Client was administered the standardized field sobriety tests (SFSTs), including the alphabet test, which is not standardized and arrested.   Client refused to submit to a chemical test.  Counsel was able to negotiate a plea to a lesser offense of  Reckless Operation, avoid any further driver’s license suspension past the 37 days Client was suspended, terminate the one year administrative license suspension (ALS) for the refusal, avoid any driver’s intervention program (RDIP), and pay a fine only.

Clermont County Municipal Court, Case # 2014 TRC 21602 17 Feb 2015, 4:29 pm

Clermont County/Miami Township OVI/DUI

Client was charged by Miami Township police with Operating a Motor Vehicle while under the influence of alcohol (OVI)  in violation of Ohio Revised Code section 4511.19(A)(1)(a), and Operating a Motor vehicle with a prohibited level of alcohol in his blood as measured by the Intoxilyzer 5000 breath testing instrument, measuring a .267 (BAC), a “high tier” OVI, in violation of Ohio Revised Code section 4511.19(A)(1)(h), both misdemeanors of the first degree, and failing to maintain an assured clear distance (ACDA) in violation of Ohio Revised Code section 4511.21(A), a minor misdemeanor.    Upon arrest, Miami Township police recovered drug paraphernalia in violation of Ohio Revised Code section 2925.141, a minor misdemeanor.   Counsel was able to work out a plea arrangement to a “low tier” OVI, have the drug paraphernalia charge dismissed, and avoid the party plates and additional jail time, gaining minimum sentence.

Hamilton County Common Pleas Court, Case No. B1404198 20 Dec 2014, 9:43 pm

Client was charged by Ohio Department of Natural Resources Officer with Aggravated Possession of Drugs, being Oxycodone and Possession of Heroin in violation of Ohio Revised Code 2925.11(A) (F5) and 2925.11(A) (F4) respectively. Counsel was able to negotiate a plea to two misdemeanor attempt charges, being M1s, with no probation or driver’s license suspension and a fine only.

Newsletter December 2012 20 Dec 2014, 9:24 pm

As the owner of Arnold Law Firm, LLC, I appreciate the business relationships and friendships that have been developed over the last 20 years of practicing law.  From time to time, I’d like to stay in contact with you to let you know new developments in the law, and with Arnold Law Firm, LLC through my Newsletter. Sincerely, James Arnold Arnold Law Firm, LLC

Ohio’s Castle Doctrine:  Presuming Self-Defense   Under the castle doctrine, a person does not have a duty to retreat from his or her own home or their own car or car of a family member before using dealdly force in self-defense or defense of another.   A person is presumed to have acted in self-defense when attempting to expel or expelling another from his or her home or car who is unlawfully present.  Further, under this doctrine, a person attempting to expel or expelling another is allowed to use dealdly force or force great enough to cause serious bodily harm.   The obvious intent of the legistlation was to allow law-abiding citizens to use deadly force when protecitng their homes and families in life-threatening situations from home invasions and carjackers. Collateral Consequences of a Criminal Conviction With a guilty plea comes an array of lasting repercussions.        There are sweeping consequences that flow from a guilty plea, particularly felonies.  Although some consequences, such as loss of the right to bear arms or to vote, are often recongnized, many others are overlooked, such as holding public office, jury service, witnessing documents, loss of state licenses, including medical and nursing, loss of federal benefits, loss of immigration status, military service and benefits, and the ability to travel internationally.    Even a DUI conviction can prevent entry into Canada.  It is imperative that you get the advice of competent counsel before entring any plea as there are serious colateral consequences that follow a conviction. About Our Law Firm At Arnold Law Firm LLC, we are representing clients in both Ohio and Kentucky on various matters. Recently we have added an additional office location in Batavia, Ohio.  If you would like to schedule an appointment for that location or at our Loveland-Madeira location, let us know.  We also will make arrangements to meet with you in downtown Cincinnati or Northern Kentucky if that is more convenient. In addition to our DUI and Criminal Defense practice, we have expanded our areas of practice and are currently representing clients in the areas of Domestic Relations, including divorce, dissolution, custody, visitation and child support matters;  Juvenile Court, including traffic offenses, criminal, custody, visitation and child support; Debt Relief, including assisting in credit repair, debt negotiations, foreclosure defense and negotiations, and bankruptcy;  Personal Injury and Wrongful Death cases as well as other areas of law. Arnold Law Firm, LLC

Newsletter January 2013 20 Dec 2014, 9:21 pm

As the owner of Arnold Law Firm, LLC, I appreciate the business relationships and friendships that have been developed over the last 20 years of practicing law.  From time to time, I’d like to stay in contact with you to let you know new developments in the law, and with Arnold Law Firm, LLC through my Newsletter. Sincerely, James Arnold Arnold Law Firm, LLC

Obamacare:     The Affordable Care Act does not require businesses to provide health benefits to their workers.  However, larger employers of 50 or more full-time employees, will face penalties starting in 2014 if they don’t make affordable coverage available.    To avoid a penalty, the employer must offer coverage covering at least 60% of the covered health expenses for a typical person which does not cost any of its employees more than 9.5% of their household income.  Penalties range between $2,000.00 and $3,000.00 per employee if the employer does no make qualifying coverage available.  Employers with fewer than 50 full time equivalent employees have no obligation to make affordable healthcare available. Employers with 200 employees or more must automatically enroll new employees in the business’ health care plan, thought employees can opt-out of coverage. Breath Test Results from the Intoxilyzer 8000 Inadmissible.     The State of Ohio spent millions of dollars on a new alcohol breath testing instrument, the Intoxilyzer 8000.   DUI/OVI attorneys like James S. Arnold have put an assault on the machine regarding its accuracy and reliability, after learning that the Ohio Director of Health who ordered the machines from its manufacturer actually had a prior relationship with the 8000 manufacturer, effectively eliminated the competitive bidding process through specification,  and subsequently went to work for the 8000 manufacturer after retiring from the state of Ohio.    Recently multiple courts, including Hamilton County, have ruled that the test results from the 8000 are not admissible as evidence in DUI/OVI prosecutions.    If you, or someone you know, has been charged with an DUI/OVI, it is imperative that they consult with a competent DUI/OVI  defense attorney. About Our Law Firm At Arnold Law Firm LLC, we are representing clients in both Ohio and Kentucky on various matters. Recently we have added an additional office location in Batavia, Ohio.  If you would like to schedule an appointment for that location or at our Loveland-Madeira location, let us know.  We also will make arrangements to meet with you in downtown Cincinnati or Northern Kentucky if that is more convenient. In addition to our DUI and Criminal Defense practice, we have expanded our areas of practice and are currently representing clients in the areas of Domestic Relations, including divorce, dissolution, custody, visitation and child support matters;  Juvenile Court, including traffic offenses, criminal, custody, visitation and child support; Debt Relief, including assisting in credit repair, debt negotiations, foreclosure defense and negotiations, and bankruptcy;  Personal Injury and Wrongful Death cases as well as other areas of law. Arnold Law Firm, LLC

Newsletter March 2013 20 Dec 2014, 9:17 pm

As the owner of Arnold Law Firm, LLC, I appreciate the business relationships and friendships that have been developed over the last 20 years of practicing law.  From time to time, I’d like to stay in contact with you to let you know new developments in the law, and with Arnold Law Firm, LLC through my Newsletter. Sincerely, James Arnold Arnold Law Firm, LLC

IRS Offer In Compromise The IRS Fresh Start Initiatives Program At Arnold Law Firm, LLC we can assist you in dealing with the Internal Revenue Service (IRS) in the Offer In Compromise Program to settle your tax liabilities for less than their face amount.   The IRS defines “Offer In Compromise” as an agreement settling the tax liability at less than face amount. The IRS’s policy is to collect the most at the earliest possible time, and at the least cost to the Government.  The IRS recently introduced its Fresh Start Initiatives Program, designed to give relief to more taxpayers struggling with past-due tax liabilities, which is designed to qualify more tax payers for relief.   We would assist you in filing the offer with the IRS. Advantages and Disadvantages of Offer In Compromise.   FIVE MAJOR ADVANTAGES OF OFFERS:  1)  Paying less than the full tax liability; 2)  Levies and asset seizures are stayed while IRS evaluates; 3)  Finality; 4)  Tax Liens are released if IRS accepts the offer; and 5)  IRS must accept offer if not rejected within 24 months.   THREE MAJOR DISADVANTAGES OF OFFERS: 1)  Taxpayer must disclose all financial information to the IRS; 2)  Offer stays collection and assessment statutes of limitations; 3)  Nonrefundability of payments made with offer. WHEN WILL OFFER NOT WORK? 1)  If taxpayer is in bankruptcy; 2)  Taxpayer resists compliance with tax laws, continues to file delinquent tax returns, or makes no or delinquent tax payments; 3)  When 10-year collection statute is about to expire. Under the new Offer In Compromise Program, more taxpayers will qualify for relief, the offers are more affordable, and the IRS will be inundated with offers, which can result in the IRS not rejecting the offer within 24 months, and thus accepting it. The advantages to filing an offer far outweigh the disadvantages, especially where the taxpayer is struggling and the IRS is levying.   At Arnold Law Firm, LLC we assist the taxpayer in getting the available relief. About Our Law Firm At Arnold Law Firm LLC, we are representing clients in both Ohio and Kentucky on various matters. Recently we have added an additional office location in Batavia, Ohio.  If you would like to schedule an appointment for that location or at our Loveland-Madeira location, let us know.  We also will make arrangements to meet with you in downtown Cincinnati or Northern Kentucky if that is more convenient. In addition to our DUI and Criminal Defense practice, we have expanded our areas of practice and are currently representing clients in the areas of Domestic Relations, including divorce, dissolution, custody, visitation and child support matters;  Juvenile Court, including traffic offenses, criminal, custody, visitation and child support; Debt Relief, including assisting in credit repair, debt negotiations, foreclosure defense and negotiations, and bankruptcy;  Personal Injury and Wrongful Death cases as well as other areas of law. Arnold Law Firm, LLC

Newsletter July 2013 16 Dec 2014, 2:57 pm

Arnold Law Firm, LLC Newsletter
July 2013

Arnold Law Firm, LLC
Phone: (513) 984-8313
Fax: (513) 984-8480
24 Hour Emergency: (859) 630-9155
Website: www.jarnoldlaw.com

As the owner of Arnold Law Firm, LLC, I appreciate the business relationships and friendships that have been developed over the last 20 years of practicing law. From time to time, I’d like to stay in contact with you to let you know new developments in the law, and with Arnold Law Firm, LLC through my Newsletter.

Sincerely,
James Arnold
Arnold Law Firm, LLC

GUN TRUSTS

Under the National Firearms Act.

Gun and Flag
At Arnold Law Firm, LLC we can construct a Gun Trust for you that complies with the National Firearms Act (NFA). The NFA regulates Title II weapons (including grenades, silencers, fully automatic machine guns and other “destructive devices”). Gun Trusts make it possible to bypass fingerprinting and signature requirements for gun purchases. Gun Trusts designate others as authorized users of your weapons. Gun Trusts provide for the tranfer of possession of those weapons in the event of death. Properly constructed Gun Trusts prevent you, your family and friends from violating firearms laws. Gun laws are very specific. There are many different laws between local, state and federal governments. A Gun Trust that complies with all of these laws will ensure that you, and others whom you designate, fully comply. Also, it will ensure that in the event of a future sale or transfer, registered weapons will be legally devisable.

NFA Trusts: Important Considerations
Guns

Age Restrictions:

1) Must be over the age of 18 to own or purchase a firearm;

2) Must be over 21 to purchase a hand gun;

Disqualification to Ownership:

3) Fugitive status, current indictment, drug dependency, mental incompetence;

Superseding laws:

4) Federal laws supersede State laws, and State laws supersede local ordinances;

Registration of firearms:

5) All NFA firearms are required to be registered with the Secretary of Treasury;

NFA Firearms include:

6) Machine guns and their parts, Silencers, Short-barreled rifles and shotguns, Destructive Devices (Bazookas, Mortars) and Gadget-type firearms;

What exactly does a Gun Trust do?

7) Creates a legal entity for protection of the trust creator and other beneficiaries;

8) Allows you to legally sell, loan, gift or dispose of NFA firearms (registered firearms only);

9) Acts as a Revocable Living Trust that allows for amendments;

10) Provides control over personal property that may be financially or emotionally valuable; and

11) Acts as a mechanism for “sharing” without violating possession laws.

About Our Law Firm

At Arnold Law Firm LLC, we are representing clients in both Ohio and Kentucky on various matters.

Recently we have added an additional office location in Batavia, Ohio. If you would like to schedule an appointment for that location or at our Loveland-Madeira location, let us know. We also will make arrangements to meet with you in downtown Cincinnati or Northern Kentucky if that is more convenient.

In addition to our DUI and Criminal Defense practice, we have expanded our areas of practice and are currently representing clients in the areas of Domestic Relations, including divorce, dissolution, custody, visitation and child support matters; Juvenile Court, including traffic offenses, criminal, custody, visitation and child support; Debt Relief, including assisting in credit repair, debt negotiations, foreclosure defense and negotiations, and bankruptcy; Personal Injury and Wrongful Death cases as well as other areas of law.

Arnold Law Firm, LLC