Columbus, OH (PRWEB) March 28, 2014
The Koffel Law Firm’s Brad Koffel and Cleveland lawyer Russell Bensing successfully achieved a reversal of their client’s mandatory sexual registration in a case heard by an Ohio appeals court (State v. Moore, 2014 Ohio 1123 - Ohio: Court of Appeals, 2nd Appellate Dist. 2014).
According to court documents, Koffel’s client appealed his classification as a Tier II sex offender on the grounds that “the trial court erred in classifying him without a hearing, and without factual findings by a jury beyond those admitted by him.”
In order for the Tier II sex offender classification to stand, factual findings outside the elements of Ohio’s “Unlawful Sexual Conduct with a Minor” statute were required unless the defendant admitted them or waived his right to a jury with respect to those findings.
The defendant-appellant pled “no contest” to the charge against him, which could have fulfilled the “findings necessary for a Tier II classification” requirement, but the appeals court found that because the defendant-appellant’s plea of no contest was “other than knowing and intelligent,” the trial court was wrong to accept it. Therefore, the appeals court reversed the judgment.
About the Attorney:
Attorney Bradley P. Koffel founded The Koffel Law Firm in Columbus, Ohio. He has been included in the list of Best Lawyers in America® since 2008, and voted to the list of Ohio Super Lawyers® and Rising Stars℠ since 2005. Aside from legal honors and recognition, what sets Mr. Koffel apart is the way he strives to get to know his clients on a personal level to achieve the best results. To learn more, visit http://www.columbuscriminaldefensefirm.com.