Contact Cavinder Law Office and criminal defense attorney Jason Cavinder now if you or a loved one is being investigated for or charged with a criminal or traffic offense. Or, if you simply have questions pertaining to the area of criminal law or traffic law, our office is ready to help. We can be reached by telephone at (937) 751-4949, or by email at Jason@CavinderLaw.com. Our consultations are free and confidential.

One is charged with a crime when he or she is accused of violating state or federal criminal laws. Between the interactions with the police and the Court, this can be an intimidating and scary experience. Moreover, it can potentially lead to serious deprivations of your freedoms. Know, however, that it is your right to place the burden solely on the prosecution to prove its allegations against you “beyond a reasonable doubt”. This is the highest burden in any American court of law, and a right that an experienced criminal attorney knows how to defend. Let Cavinder Law Office and attorney Jason Cavinder aggressively protect and defend your presumption of innocence and your constitutional rights in an ever increasingly daunting and challenging criminal system.

TRAFFIC

Traffic Violations are common, but are also complex. What many do not realize, is that they are, more times than not, defensible. Traffic offenses can and do adversely affect your life in numerous ways, including, but not limited to, loss of license, (and sometimes, as a result, employment), loss of work, vehicle impoundment, overwhelming financial sanctions in travel expenses, fines and court costs, raised insurance premiums, reinstatement fees, and in some cases, incarceration. The cost of an attorney could pale in comparison to these consequences.

Before a police officer may lawfully pull you over, the law requires that the officer has one of two things: Either “reasonable and articulable suspicion” that the occupants of the vehicle are, or were, involved in criminal activity, or, that the officer has “probable cause” that a traffic violation has occurred. It matters not how good of a driver you are, studies have shown that every driver on average commits at least one traffic violation every three quarters (3/4) of a mile of driving. It’s not that you are a bad driver; it is that traffic regulation is arguably convoluted and overly-complex.

Whether you have been cited for speeding, driving under suspension, failure to maintain an assured clear distance, a marked lanes violation, or any one of the countless other traffic offenses, Cavinder Law office and traffic defense attorney Jason Cavinder is well-versed in traffic law, and offers the most competitive rates for representation. We are ready to defend your rights and get you back behind the wheel with money still in your pocket. The consultation is free and confidential. Or, if you simply have questions pertaining to the area of criminal law or traffic law, our office is ready to help. We can be reached by telephone at (937) 751-4949, or by email at Jason@CavinderLaw.com.

O.V.I / D.U.I

Many, if not most times, the officer will request that you step from your vehicle to conduct what are called “field sobriety tests”, commonly referred to as “FST’s”, a litany of difficult coordination and dexterity exercises that are designed for you to fail. The officer may thereafter request that you take a “Breathalyzer”, which is designed to measure your blood alcohol content. Most law-abiding citizens automatically want to cooperate, and while they feel they may be helping themselves in cooperating by taking these tests, they are only assisting the officer in amassing evidence against them. Most people are not aware that they have the right to refuse any and all tests. It is advised that the FST’s should always be politely refused. The decision to take the Breathalyzer is in the hands of the driver, and should be made based on how much the driver has had to drink, if any at all. Be aware, however, that if you refuse a breath test, there will be an automatic administrative suspension of your driver’s license. Driving privileges are most times available through the Court however, and the decision to politely refuse the breath test may be well worth it. Even if the tests are conducted with unfavorable results for you, it is imperative to have an experienced O.V.I.trial attorney who knows how to challenge them.

O.V.I. is a daunting law, and one who is charged mustn’t attempt handling it on his or her own. Many believe that by entering a plea of “guilty” to the Judge, it will cause the Judge to respect the fact that the defendant has taken responsibility and reward him or her with mercy or leniency. Nothing could be further from the truth. As a former prosecutor, I know that many Judges actually interpret it as a sign of disrespect to the Court to appear without counsel.

Contact Cavinder Law Office and O.V.I. defense attorney Jason Cavinder now if you or a loved one is being investigated for or charged with an O.V.I. or related offense. Or, if you simply have questions pertaining to the area of criminal law or traffic law, our office is ready to help. We can be reached by telephone at (937) 751-4949, or by email at Jason@CavinderLaw.com. Our consultations are free and confidential.

MISDEMEANORS

Misdemeanor offenses are generally considered the “less severe” type of offense, but make no mistake, some misdemeanor convictions carry with them the possibility of up to a year in jail. Misdemeanor level offenses include criminal charges as well as most basic traffic offenses.

Misdemeanors are broken up into five different levels, or “degrees”, ranging from the minor misdemeanor all the way up to a misdemeanor of the first (1st) degree. Those degrees, with their respective possible penalties, are as follows:

  • MINOR MISDEMEANOR:
    • A maximum penalty of $150.
    • Minor misdemeanors carry no possibility of incarceration, and typically the Court cannot order restitution.
  • 4TH DEGREE MISDEMEANOR:
    • A maximum penalty of 30 days incarceration in a local facility.
    • A maximum fine of $250.
  • 3RD DEGREE MISDEMEANOR:
    • A maximum penalty of 60 days incarceration in a local facility.
    • A maximum fine of $500.
  • 2RD DEGREE MISDEMEANOR:
    • A maximum penalty of 90 days in a local facility.
    • A maximum fine of $750.
  • 1RD DEGREE MISDEMEANOR:
    • A maximum penalty of 180 days in a local facility.
    • A maximum fine of $1,000.

Note that the above does not include other possible alternatives in sentencing, including but not limited to, probation, restitution, alcohol or substance abuse assessment and or treatment, and community service. Nor does it include “unclassified misdemeanors”, which are not as definitive and depend on the particular offense charged. Note that “Court Costs” are typically an additional expense added on at the end of your case.

Contact Cavinder Law Office and criminal defense attorney Jason Cavinder now if you or a loved one is being investigated for or charged with a misdemeanor criminal or traffic offense. Or, if you simply have questions pertaining to the area of criminal law or traffic law, our office is ready to help. We can be reached by telephone at (937) 751-4949, or by email at Jason@CavinderLaw.com. Our consultations are free and confidential.

FELONIES

Felony offenses are considered the “more serious” type of criminal charges, and typically carry the possibility of much more severe potential penalties upon a conviction. Felony crimes automatically entitle the accused to have a jury determine his or her innocence or guilt, compared to misdemeanors, wherein the accused must request a jury from the Court before one is afforded. (Note, there is no right a jury in minor misdemeanor cases).

Felonies can adversely affect one’s life in numerous ways, including, but not limited to: stripping your rights, including the right to vote and your 2nd amendment right to own, possess, and carry a firearm; It may indirectly take from you your money and or property; it may cause the suspension of your driver’s license; it may disqualify you from obtaining housing; it may prevent you from obtaining employment; there are many others, but of greatest importance, it may strip you of the most important right of all—Liberty, if you are incarcerated in prison.

It is always wise to have an attorney at your side when entering a courtroom, but because a felony matters carry with them the potential for an enormously profound effect on your life and liberty, it is absolutely compulsory for you to have an experienced and effective attorney to protect your rights and defend your case if you or a loved one are accused of felonious activity.

Felonies are broken up into five different levels, or “degrees” depending on the seriousness of the alleged offense, ranging from the lowest degree, the fifth (5th) degree felony, to the most serious, the first (1st degree) felony. Those degrees, with their respective possible penalties, are as follows:

  • 5TH DEGREE FELONY:
    • A maximum penalty of 12 months incarceration in prison.
    • A maximum fine of $2,500.
    • Post-Release Control (“PRC”) also known as “parole”, is discretionary (optional) unless the felony is a sex offense.
  • 4TH DEGREE FELONY:
    • A maximum penalty of 18 months incarceration in prison.
    • A maximum fine of $5,000.
    • Parole is discretionary, unless the felony is a sex offense.
  • 3RD DEGREE FELONY:
    • Generally, a maximum of 36 months incarceration in prison unless the offense is one of the following, in which case the maximum is 60 months (see §2929.14(A)(3)(a)):
      • Aggravated Vehicular Homicide or Assault
      • Sexual Battery or Gross Sexual Imposition
      • Sex with a Minor
      • Robbery (if two or more separate robberies or burglaries)
      • Burglary (if two or more separate robberies or burglaries)
    • A maximum fine of $10,000
    • Parole is discretionary, unless the felony is a sex or violent offense, in which case it is mandatory.
  • 2RD DEGREE FELONY:
    • A maximum sentence of 8 years of incarceration in prison.
    • A maximum fine of $15,000.
    • Parole is mandatory if sentenced to prison.
  • 1RD DEGREE FELONY:
    • A maximum sentence of 11 years of incarceration in prison.
    • A maximum fine of $20,000.
    • Parole is mandatory if sentenced to prison.

Note that there are several exceptions and variations to the above depending on the particular crime alleged. For a comprehensive guide on felony sentencing, contact Cavinder Law Office and criminal defense attorney Jason Cavinder now if you or a loved one is being investigated for or charged with a felony offense. Or, if you simply have questions pertaining to the area of criminal law or traffic law, our office is ready to help. We can be reached by telephone at (937) 751-4949, or by email at Jason@CavinderLaw.com. Our consultations are free and confidential.

DEFENSES

As a Defendant in a criminal case, you have the right to present a defense to rebut the State’s allegations against you. Ironically, you also have the right to present no defense at all, as you have no burden to “prove your innocence”, as you enjoy a presumption of innocence; rather, it is the State that must prove its case of “guilt” beyond a reasonable doubt.

First, and most fundamentally, it is your right to a presumption of innocence and to have the government prove its case against you beyond a reasonable doubt. This is not necessarily a defense, but oftentimes, an experienced attorney may successfully point out that the State simply does not have enough evidence to meet its burden.

There are a multitude of defenses available and possibly available to you that are often times overlooked if you are the target of a criminal prosecution. If a defendant does intend to introduce a defense, however, the defendant will carry a burden of proving that defense by a “preponderance of the evidence,” a standard much lower than that of beyond reasonable doubt. A “defense” is usually a legally recognized excuse or justification as to why the Defendant did what he or she is accused of doing. Many common defenses include, but are not limited to:

  • Arguing the presumption of innocence and that the State has insufficient evidence to prove guilt beyond a reasonable doubt
  • Self-Defense
  • Misidentification
  • Defense of Others
  • Alibi
  • Insanity
  • Entrapment

Contact Cavinder Law Office and defense attorney Jason Cavinder now if you or a loved one is being investigated for or charged with a criminal or traffic offense. Or, if you simply have questions pertaining to the area of criminal law or traffic law, our office is ready to help. We can be reached by telephone at (937) 751-4949, or by email at Jason@CavinderLaw.com. Our consultations are free and confidential.