Brown Law Office Criminal Defense News

The Ohio Supreme Court held today that a trial court is required to accept a defendant’s offer to stipulate to an element of a criminal offense that is unrelated to the allegations against the defendant and involves only the defendant’s legal status as an element of the offense.  In State v. Creech, 2016-Ohio-8440, which involved an indictment for having weapons under disability, the Court held that the trial court erred to the prejudice of the defendant by rejecting his offer to stipulate to his prior disability, thereby removing the need for the State to present any evidence of the defendant’s prior convictions.  The Court reasoned that it was unfairly prejudicial to allow the jury to hear evidence of prior convictions unrelated to the allegations against the defendant when the State can establish the defendant’s prior conviction through a stipulation.  A link to the decision can be found here.

https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2016/2016-Ohio-8440.pdf

Contact the criminal attorney at the Brown Law Office today for a free consultation at 330-601-0101.  If you are facing criminal charges, it is imperative that you consult with a skilled and knowledge criminal defense attorney to evaluate your case.