MILLER LAW OFFICE

      R. Aaron Miller, Esq.    

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BUYING THINGS YOU DON'T NEED WITH MONEY YOU DON'T HAVE

Posted by raaronmillerlaw on December 23, 2015 at 10:05 AM Comments comments (0)

Let's face it.  We all spend money during this season of the year for things that we don't need with money that we don't have.  Here are a few tips to keep that January and February debt monster off your back:

1.  Pay for as much as you can with cash;

2.  What you do charge, make sure that it can be paid off within 2 billing cycles;

3.  Don't buy something as a gift just because you feel obligated.  Make sure the gift is meaningful and practical.


These three things may save you alot of stress when you start getting those credit card bills in January and February.


Merry Christmas and Happy New Year!

When Those Who Are to Protect & Serve Don't

Posted by raaronmillerlaw on December 15, 2015 at 12:35 AM Comments comments (0)

We have heard it over and again in 2015.  Those whom we have entrusted to protect and serve -- our police officers -- have failed time and again. Not only did they not arrest the bullies, thugs, and murderers, in many instances that came to light this year they were the bullies, thugs and murderers.  So, what are citizens to do when those they trust abuse their power?  What are citizens to do when running from a traffic stop leads to being shot in the back multiple times?  Or, not being seatbelted in a transport vehicle leads to a broken neck and other injuries so brutal that the funeral service was a closed casket?  What shall we do when simply looking a police officer in the eye leads to a beating?

In the U.S. everyone is now familiar with Freddie Gray.  But how about Travis Page who died in the custody of four white police officers on December 11, 2015 in Winston-Salem, NC?  Or, Mario Woods who was shot 15 times by police officers in San Francisco?  Over and again we see it occur.  The abuse of power.  The violation of civil rights.  The disregard for human diginity.  And, the disregard for human life.

It's not that all police officers are bad.  In fact, I know some very good police officers.  I also have come across some who are willing to move the line of justice.  Rather, than penalize thses officers our system has a tendency to protect them administratively and legally.  As a society we are willing to say that it was just a drug dealer that was beaten.  It was a common criminal that had his rights violated.  Who cares?  Well, what about a 16-year-old girl and her 17-year-old boyfriend who run from the police?  They are finally stopped and 15 shots are fired into their vehicle that leads to their deaths.  Is that acceptable?

Ultimately, the acceptability of police misconduct comes down to who and what color the victim is.  And that .... is unacceptable.



Entrapment: An Ohio Update

Posted by raaronmillerlaw on December 4, 2015 at 10:15 PM Comments comments (0)

 

In Ohio, entrapment is an affirmative defense which the defendant has the burden of proving at trial by a preponderance of the evidence. State v. Doran (1983), 5 Ohio St.3d 187, paragraph two of the syllabus; R.C. 2901.05(A). Entrapment exists "where the criminal design originates with the officials of the government, and they implant in the mind of an innocent person the disposition to commit the alleged offense and induce its commission in order to prosecute." Doran at paragraph one of the syllabus. Thus, entrap-ment is a confession and avoidance defense. Id. at 193. In order to establish entrapment, the defendant admits participation in the criminal activity but attempts to excuse that conduct by claim-ing the criminal design originated with government officials. Id. However, there is no entrapment when government officials "merely afford opportunities or facilities for the commission of the offense' to a criminal defendant who was predisposed to commit the offense. Id. at 192.

 

Simply stated, if the criminal plan clearly does not and could not originate with officials of government as required by the Supreme Court's holding in Doran, there can be no entrapment.


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