The Process of Pre-trial Discovery

Pre-trial Discovery pic
Pre-trial Discovery

As a practicing attorney in Dayton, Ohio, Kyle T. Kirts handles a variety of legal needs. He has more than 15 years of experience handling everything from traffic violations to felonies. Additionally, Kyle Kirts helps clients with the necessary oral preparation and written documentation for trials.

The process known as discovery involves gathering evidence and witnesses needed by the defense and the prosecution in a trial. Both sides have access to the same information to prevent the introduction of surprise testimony or witnesses. The deposition is one frequent element of discovery. Deposition statements are in the form of videotape, transcripts, or both. Both the prosecution and the defense have the right to be present for depositions. These statements are legal substitutes for witnesses who cannot appear in court.

Discovery can also occur through interrogations with written questions that witnesses must answer under oath. Opposing attorneys have the right to see the questions and prepare answers.

Subpoenas represent a third type of discovery. They compel attorneys to present documents for pre-trial inspection. Other methods include witnesses submitting to physical examinations and experts testifying to the validity of evidence.


Grounds for Divorce in Ohio

Divorce in OH pic
Divorce in OH

An attorney with more than 18 years of experience, Kyle T. Kirts runs his private practice in Dayton, Ohio, where he represents clients in a variety of legal areas, including criminal and traffic law. Kyle Kirts also practices family law, which includes fault and no-fault divorce cases.

Every state allows no-fault divorces in which the person filing for divorce does not have to prove his or her spouse did anything wrong, but Ohio and some other states allow divorce on either fault or no-fault grounds. A client may want to consider a fault divorce when it can provide some leverage regarding decisions on child custody or distribution of marital property.

In Ohio, a no-fault divorce requires only a separation of at least one year. Grounds for a fault divorce include adultery, extreme cruelty, and habitual drunkenness. A fault divorce may also be granted if the adverse party was imprisoned at the time of filing or willfully absent for the year prior. Any proof that the marriage contract was fraudulent or the adverse party committed gross neglect of duty in the marriage is also considered in a fault divorce. A consultation with a seasoned Ohio attorney can help determine whether a fault or no-fault divorce is the right choice for each client’s unique situation.

Probate Administration in Ohio

Probate Administration in Ohio  pic
Probate Administration in Ohio

A privately practicing attorney, Kyle T. Kirts comes to his role with more than 15 years of experience. Kyle Kirts handles a diverse portfolio of cases, including those processed in probate court.

Probate court exists to process the distribution of assets after a person’s death. Probate proceedings cover any assets that the deceased individual solely owned, as co-owned assets typically transfer directly and without difficulty. Assets in survivorship tenancy also transfer automatically, as do any insurance benefits or assets with a particularly designated beneficiary. Individuals may also choose before their deaths to specify inheritance via a trust, which specifies a different path of transfer, though some estates are exempt from probate because the value is below a specified amount.

Assets that do go through probate fall under the management of the estate’s executor. The deceased person’s will often indicates the identity of this person, though estates without a willing named executor may require the courts to appoint an appropriate individual. If the deceased person has not developed a will, the court will name an administrator to resolve finances and distribute assets. The full process can progress to closure in as little as six months or as long as several years, depending on the complexity of legal proceedings and the necessity of any claims or audits.

Penalties in Ohio for Operating a Vehicle While under the Influence

DUI OH pic

Owner of a solo practice in Dayton, Ohio, Kyle T. Kirts serves clients facing criminal and civil charges. Kyle Kirts has represented many clients in traffic court since opening his practice in late 2009.

In the state of Ohio, intoxicated drivers 21 years of age or older may receive a conviction of operating a vehicle impaired (OVI). The conviction applies to any driver of a motor vehicle whose blood alcohol content is 0.08 percent or higher. However, drivers of commercial vehicles must only reach a level of 0.04 percent to receive a charge.

If convicted, a driver would receive a license suspension of 90 days for a first offense. Offenders also are subject to criminal charges that include monetary fines and mandatory imprisonment, though courts may instead order a first offender to complete a driver intervention program. Criminal charges may also increase an offender’s length of license suspension, which may include restricted operating privileges.

Penalties increase in severity with each subsequent offense. Second offenses incur higher fines and longer suspensions, as well as extended prison sentences and the potential for house arrest. Courts may also require these offenders to surrender their vehicles for 90-day impounding and to undergo mandatory drug and alcohol testing. Third offenses lead to mandatory drug and alcohol treatment as well as increasingly severe penalties.

Sentences also become higher for any offenders with blood alcohol levels over 0.17 percent. Similarly, those who refuse blood alcohol testing may be subject to lengthier license suspensions. An offender can appeal a refusal-based or failure-based suspension, though he or she must prove the charges invalid according to state law.

Landlord Rights and Timeframes Required for Eviction and Rent Increase

Licensed to practice law in Ohio, Kyle T. Kirts possesses more than 15 years of experience. Kyle Kirts has represented clients in a variety of cases, including those related to landlord and tenant laws.

In the State of Ohio, a landlord has the right to evict a tenant for nonpayment of rent and violating lease terms. An eviction may only be filed following proper notification to the resident about the situation. Notice for nonpayment requires a minimum of three days before filing paperwork with the court, while other violations, even those affecting health and safety, require landlords to give the offender 30 days to rectify an issue. The time period does not include weekends and holidays. In addition, a landlord should not count the day a notice is sent as part of the timeframe.

In terms renting a property, a landlord can price a home at any price he or she deems fit. Increase in rent, by any amount, requires tenant notice of typically 30 days. The exception to the rule occurs when a landlord offers a written or oral lease stating fixed rent for a specific term.

The Role of a Prosecutor in a Legal Trial

With 15 years of experience, legal professional Kyle T. Kirts practices as an attorney in Ohio. Additionally, Kyle T. Kirts is the former assistant prosecutor for the City of Dayton. During trial, prosecuting attorneys have a specific set of responsibilities.

In the American legal system, a prosecutor is the lawyer responsible for deciding whether or not to take a case to court. Prosecutors work with the police department to compile evidence for a trial, communicating with witnesses, as well as the perpetrator and victim of a crime, if possible.

If a prosecutor establishes enough substantial evidence to bring a case to trial, a defendant may hire a defense lawyer to counteract a prosecutor’s assertions. During a trial, it is the job of the prosecutor to prove to a jury or judge that the defendant committed the offense. This process may involve questioning witnesses, the victim, experts, and the suspect. Additionally, outside of the courtroom, a prosecutor can work with the defendant and his or her defense lawyer to establish plea agreements.

Fighting a Traffic Ticket in Ohio

For the last six years Kyle T. Kirts has served clients in and around Dayton, Ohio, as an attorney at law. Kyle Kirts has experience in various areas of law, ranging from landlord and tenant disputes to traffic defense.

Ohio residents or travelers passing through the state have two options after receiving a traffic ticket. A person can choose to pay the ticket or to fight the charges. Individuals who opt to fight the ticket can either represent themselves during traffic court proceedings or can elect to hire a traffic ticket lawyer.

To officially challenge the ticket, a driver must enter a “not guilty” plea in writing on or before the court date and time listed on the citation. However, it can be advantageous to travel to the court well in advance of the trial date in order to fill out the necessary paperwork and perform beneficial research. A traffic lawyer skilled in the intricacies of Ohio driving laws can be especially helpful when it comes to the latter.

In the event of a successful challenge, all fees and penalties associated with the ticket will be waived by the court. However, an individual may still need to pay attorney fees and, if applicable, court fees.