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By Hoover Kacyon April 9, 2025
Even the strongest marriages face challenges. When couples exchange vows, they do so with hope and commitment to a shared future. But sometimes, despite the best intentions, a marriage no longer serves both individuals—and the idea of divorce becomes a reality. If you’re contemplating filing for divorce in Ohio but are unsure whether now is the right time, it’s important to pause and reflect on a few key areas before taking the next step. Have You Explored All Options to Reconcile? Before proceeding with a divorce, consider whether you’ve truly done all you can to repair the relationship. Especially when children are involved, it’s crucial to try every avenue to preserve the family unit. Have you considered marriage counseling or dedicated time to open, honest communication? Are there reasonable compromises that could help resolve long-standing issues? Divorce is a significant legal and emotional step—ideally, one you take only after exploring all other options. How Will This Affect Your Children? When children are part of the picture, the divorce process becomes even more complex. As you think through your next steps, ask yourself: Are the children already aware of tensions at home? How might each child react to a separation? Can you and your spouse work together to develop a custody arrangement outside of court? Are you prepared to address child support or potential spousal support under Ohio law? Can you continue to share a home peacefully while working out the details? The more clarity you gain on these matters before filing, the smoother the process can be for everyone involved. Getting Legal Guidance Early Matters At Hoover Kacyon, LLC, we understand the emotional and legal complexities that come with divorce. Our experienced family law attorneys are here to guide you through the process with compassion and clarity, helping you protect your rights and prioritize your family’s well-being. If you're thinking about divorce, don’t navigate the decision alone. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon March 28, 2025
A divorce is a life-changing event that requires updating many aspects of your life—including your estate plan. If you fail to revise your will, trusts , and beneficiary designations after divorce, unintended beneficiaries, including your ex-spouse, could inherit your assets. Learn to navigate these important updates to ensure your estate plan reflects your current wishes. Revising Your Will In Ohio, divorce automatically revokes any provisions in a will that benefit a former spouse. This detail means that if you had previously named your ex-spouse as a beneficiary or executor, they will now be treated as if they had predeceased you. However, this does not apply to other family members of your ex-spouse whom you may have included in your will. If you still wish to leave assets to your ex-spouse or make other changes, you must draft a new will that clearly states your intentions. Most wills include language that revokes prior versions, ensuring clarity in case of disputes. A new will also allows you to reassign executors and beneficiaries according to your updated preferences. Reviewing Trusts Trusts are common estate planning tools that also require careful review after divorce. If you have a revocable trust , Ohio law typically removes your ex-spouse as a beneficiary. However, irrevocable trusts do not change automatically—meaning your ex-spouse may still be entitled to benefits unless you restructure the trust. To avoid unintended outcomes, it is essential to review all trust agreements with an experienced estate planning attorney who can help modify or create new trusts as needed. Updating Beneficiary Designations Not all assets pass through a will or trust. Many financial accounts, including life insurance policies, retirement accounts, and payable-on-death (POD) bank accounts , are distributed based on beneficiary designations. A divorce does not automatically revoke these designations in Ohio, so if your ex-spouse remains listed, they could still receive those assets. To prevent this, update all beneficiary designations through your financial institutions, workplace benefits, and insurance providers. Naming a Legal Guardian for Minor Children If you have minor children, your estate plan should name a legal guardian in case something happens to you. While custody typically goes to the surviving parent, you should name a backup guardian in case your ex-spouse predeceases you or is deemed unfit. Working with an attorney ensures these plans align with Ohio law and your family's best interests. Take Action Today Failing to update your estate plan after divorce can lead to unintended consequences, including assets going to the wrong individuals or disputes among family members. At Hoover Kacyon, LLC, we guide residents of Akron, Fairlawn, and Cuyahoga Falls, Ohio, through this process, ensuring their estate plan reflects their new circumstances and protects their loved ones. If you are recently divorced or in the process of divorcing, schedule a consultation with our estate planning team today. Let us help you secure your future with confidence. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon March 21, 2025
Parents are often thrilled when their children marry, welcoming new family members with the hope of a lifelong union. However, as reality shows, marriages don’t always last. While you can’t shield your children from the emotional toll of divorce, you can take steps to ensure their inheritance remains protected. Including asset protection in your estate planning can prevent an ex-spouse from claiming part of your child’s inheritance in a divorce. How Ohio Law Treats Inheritance in Divorce Ohio follows an “equitable distribution” system, meaning marital property is divided fairly—but not necessarily equally—during a divorce . While assets inherited by one spouse are generally considered separate property, they can easily become marital property if commingled. For instance, if your child inherits money and deposits it into a joint bank account with their spouse, it can lose its status as separate property. Similarly, if an inherited home is jointly improved or used as the couple’s residence, its increased value may be considered marital property. Once separate property becomes marital property, it typically cannot be reversed. Strategies to Protect an Inheritance from Divorce To safeguard your child’s inheritance, consider the following options: 1. Establishing a Trust A well-structured trust is one of the best ways to protect an inheritance. Two primary options exist: Revocable Trust – Allows flexibility while the grantor is alive, ensuring assets are managed and distributed according to predetermined terms. Since the trust, not the child, owns the assets, they are protected from becoming marital property. Irrevocable Trust – Provides stronger protection by preventing the assets from being reclaimed by the grantor. This step ensures the inheritance is shielded not only from divorce but also from creditors and legal claims. 2. Using a Limited Liability Company (LLC) For inheritances involving family businesses, farms, or valuable property, an LLC can be an effective tool. By structuring ownership through an LLC, assets remain separate and protected, preventing them from being subject to division in a divorce. Secure Your Family’s Future The unfortunate reality is that nearly half of marriages end in divorce. By taking proactive steps now, you can help ensure that your child’s inheritance remains protected for future generations. Consulting with an experienced estate planning attorney at Hoover Kacyon LLC can provide peace of mind and legal strategies tailored to your family's needs. Contact Hoover Kacyon LLC today to discuss safeguarding your child’s inheritance and securing your legacy. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon March 10, 2025
Divorce can be a complex and stressful process for business owners who have dedicated time and effort to building their companies. The division of assets, spousal support, and financial impact can be overwhelming. At Hoover Kacyon, LLC, we understand these challenges and are here to help protect your interests and future. Is Your Business Marital Property? A key concern is whether a business is considered marital property. In Ohio, assets acquired during marriage are typically subject to equitable distribution. If you established your business before marriage, its original value may remain separate property. However, any increase in value during the marriage could be considered marital property, especially if marital funds or joint efforts contributed to its growth. Protecting Your Business During Divorce Here are strategies to safeguard your business: Control Business Growth – Consider slowing major expansions if divorce is imminent, as increased business value may be subject to division. Trust Legal Guidance – A skilled attorney can handle negotiations and protect your business assets while you focus on operations. Distinguish Separate vs. Marital Property – Keeping clear financial records can help clarify which portions of your business are separate property. Negotiate a Buyout – Instead of dividing ownership, offer an equalization payment as a lump sum or structured payment plan to retain full control. The Role of Prenuptial and Postnuptial Agreements A prenuptial or postnuptial agreement is one of the best ways to protect a business from future claims. Prenuptial Agreement – Created before marriage, it defines how to handle business assets in a divorce. Postnuptial Agreement – Established after marriage, it outlines asset division. However, courts may scrutinize postnups if you’re already considering divorce. Avoiding Litigation Litigation can be costly and expose business details to public records. Alternative dispute resolution methods, such as mediation or negotiation, can maintain privacy and lead to fair settlements. Negotiating a division of other marital assets—such as real estate or investments—may allow you to retain full business ownership without court intervention. How Hoover Kacyon, LLC Can Help At Hoover Kacyon, LLC, we understand the unique challenges business owners face during divorce. Our legal team specializes in asset protection, negotiations, and crafting agreements that safeguard business interests. If you are a business owner facing divorce, schedule a consultation with Hoover Kacyon, LLC today to protect your business, financial stability, and future. No matter how complicated your divorce might be, the Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon February 27, 2025
Starting a business is an exciting yet complex endeavor. While the financial aspects of entrepreneurship often take center stage, legal planning is just as crucial. Making informed legal decisions early on can help prevent complications and set the stage for long-term success. Whether you're launching a small startup or a growing enterprise, understanding the legal requirements for business formation is key. Choosing the Right Business Structure Selecting the appropriate business entity is one of the first and most important legal steps when starting a business. The options include sole proprietorships, partnerships, limited liability companies (LLCs), and corporations. Each structure comes with its advantages and responsibilities, including tax implications, liability protection, and operational flexibility. A knowledgeable business attorney can help assess your specific needs and guide you in choosing the right entity for your venture. Registering Your Business and Obtaining Licenses In Ohio, businesses must register with the Ohio Secretary of State . Additional licensing and permits may be required at the state or local level, depending on your industry and location. Ensuring compliance with registration and licensing laws from the start can help avoid legal setbacks down the road. Drafting Business Agreements A well-drafted business agreement is essential if you are starting a business with partners. A partnership agreement, operating agreement (for LLCs), or corporate bylaws should outline ownership rights, decision-making processes, profit distribution, and exit strategies. Clear agreements help prevent disputes and provide a framework for resolving conflicts efficiently. Hiring Employees and Employment Law Compliance Bringing employees into your business adds another layer of legal responsibility. You must decide whether to hire employees or engage independent contractors. Proper classification is critical to avoid penalties related to employment taxes and benefits. Additionally, businesses should consider employee handbooks, confidentiality agreements, and workplace policies to protect both the company and its workforce. Protecting Intellectual Property For many businesses, intellectual property (IP) is one of their most valuable assets.Trademarks, copyrights, patents, and trade secrets should be properly safeguarded to maintain competitive advantage. Legal agreements, such as non-disclosure and non-compete contracts, can further help protect proprietary information from misuse. Understanding Zoning and Environmental Regulations Certain industries must comply with zoning laws and environmental regulations. Local zoning laws dictate where businesses can operate, and environmental laws may impose restrictions on waste disposal, emissions, and land use. Ensuring compliance from the outset can prevent costly legal issues and operational disruptions. Securing Business Insurance Business insurance is another crucial component of risk management. Liability insurance, property coverage, and workers' compensation policies can help protect your business from financial losses due to lawsuits, accidents, or unexpected events. Consulting with an attorney can help determine the appropriate coverage for your business’s unique needs. Set Your Business Up for Success Starting a business involves numerous legal considerations that can impact your company’s future. At Hoover Kacyon LLC, we understand entrepreneurs' challenges and are here to provide expert legal guidance. Whether you need help with business formation, contract drafting, employment law, or risk management, our experienced attorneys can support you every step of the way. For personalized legal assistance in starting or growing your business, contact Hoover Kacyon LLC today.
By Hoover Kacyon February 26, 2025
Probate is the legal process of validating a will and ensuring that a deceased individual’s assets are distributed correctly. While some estates may bypass probate through careful planning, many must go through this procedure to settle debts and transfer assets. Given its complexity, executors (or personal representatives) can easily make mistakes that delay proceedings or create legal complications. Below are some common probate pitfalls and how to avoid them. Delaying the Probate Process Losing a loved one is an emotional time, and while grieving is natural, delaying the probate process can cause significant issues. Taxes and debts may accrue penalties and interest, creditors may initiate legal actions, and heirs could grow suspicious of delays. To prevent these problems, executors should familiarize themselves with probate requirements and timelines. For example, in Ohio, an estate inventory should generally be completed and filed within three months of the executor’s appointment. Acting promptly helps keep the process smooth and minimizes potential disputes. Poor Accounting and Record-Keeping Executors must maintain detailed records of all financial transactions related to the estate, including payments to creditors and distributions to heirs. Poor accounting can raise legal concerns and even lead to allegations of misconduct. To avoid complications: Keep a dedicated estate ledger separate from personal finances. Retain receipts and records of all transactions, no matter how small. Record each transaction individually instead of combining multiple payments into a single entry. Regularly review asset values, including stock statements and real estate assessments. Failing to Communicate with Beneficiaries Lack of communication can lead to frustration and suspicion among beneficiaries. Some may even suspect the executor of mishandling estate assets. Keeping beneficiaries informed fosters trust and transparency. Executors should: Provide regular updates via phone or email, even with no significant changes. Maintain records of all communications with beneficiaries. Address questions and concerns promptly. Seek legal assistance if communication becomes contentious. Distributing Assets Too Soon Beneficiaries may pressure the executor to distribute assets quickly, but doing so before settling all debts can create significant legal liability. Creditors generally have up to a year to file claims, and if an executor prematurely distributes funds, they may be held responsible for unpaid debts. To mitigate risks, executors should: Prioritize debt payments before distributions. Ensure all creditor claims are properly addressed before finalizing asset transfers. Consult an attorney to navigate complex estate matters. Not Seeking Legal Assistance Even seemingly straightforward estates can become complicated due to unexpected claims, tax considerations, or beneficiary disputes. Retaining an experienced probate attorney can help executors fulfill their duties correctly and avoid costly mistakes. A knowledgeable probate attorney provides guidance on legal requirements, ensures compliance with state laws, and helps resolve conflicts efficiently. If you’re serving as an executor and need assistance, the legal team at Hoover Kacyon LLC is here to help. Contact us today to navigate the probate process with confidence.
By Hoover Kacyon February 4, 2025
Remarrying after a divorce can feel like a fresh start and an opportunity to build a lasting partnership. However, Census statistics show that second marriages have a higher rate of failure than first marriages, making it essential to approach this new chapter with awareness and preparation. For those planning to remarry in Ohio, understanding the legal and personal implications can help set the foundation for a successful union. Unique Challenges of Second Marriages Couples entering a second marriage often face hurdles not present in first marriages. Some of these challenges include: Lingering emotions like resentment or anger toward a former spouse. Balancing greater financial and personal independence. Managing financial obligations, including child support or alimony. Blending families and navigating relationships with stepchildren. Adjusting to changes in social networks and family dynamics. Steps to Consider Before Remarrying To increase the likelihood of a successful second marriage, thoughtful planning is crucial. Key steps include: Understanding Past Mistakes: Reflect on the reasons your first marriage ended. Identify patterns or behaviors to avoid repeating in your new relationship. Discussing Family Dynamics: Blending families can be challenging. Open communication with your children and your new partner about expectations and concerns is essential for building trust and harmony. Reviewing Financial Implications: Second marriages often involve complex financial considerations, including: Alimony : Remarriage typically terminates alimony payments. Notify your former spouse promptly, as required by your divorce agreement. Household Finances : Discuss shared expenses and financial responsibilities to avoid conflict later. Life and Health Insurance : Update beneficiaries and ensure compliance with previous agreements before making changes. Considering a Prenuptial Agreement : Protect your premarital assets and plan for your children’s inheritance with a prenuptial agreement. This precaution is especially valuable if there are significant financial disparities between you and your partner. Emotional Readiness: Before remarrying, take the time to heal and address any unresolved emotions. Counseling can help you process lingering feelings and prepare you for a healthy relationship. Setting Yourself Up for Success While challenges exist, second marriages can thrive with open communication, mutual respect, and a shared commitment to resolving issues as they arise. Building trust with your partner and stepchildren and prioritizing the relationship can help create a strong foundation for your new family. Contact Hoover Kacyon, LLC If you’re planning to remarry and have concerns about the legal implications, the experienced family law attorneys at Hoover Kacyon, LLC can help. We provide guidance on prenuptial agreements, financial planning, and family dynamics to ensure you’re fully prepared for this new chapter. The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Contact us today to schedule a consultation and receive personalized advice tailored to your unique situation. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon January 15, 2025
When you’ve built a successful business, safeguarding it is crucial—especially within the context of marriage. While no one enters marriage expecting a divorce, planning for potential outcomes can protect both your livelihood and your peace of mind. Several proactive strategies can help you secure your business interests, such as prenuptial agreements, postnuptial agreements, and buy/sell agreements. Prenuptial Agreements A prenuptial agreement is a powerful tool for ensuring your business remains protected in the event of divorce. This legally binding document entered into before marriage, allows both parties to agree on how to divide assets if the marriage ends. Specifically, you can designate whether your business qualifies as marital property. By excluding the business from marital property, you protect it from being subject to division. Prenuptial agreements are widely recognized and often provide the strongest protection for business owners. Postnuptial Agreements If you’re already married and haven’t established a prenuptial agreement, a postnuptial agreement offers an alternative. These agreements serve a similar purpose, allowing you to outline how to treat business assets in case of divorce. However, postnuptial agreements can be more challenging to enforce than prenuptial agreements, as courts may scrutinize them more closely to ensure fairness. Still, they can be an effective safeguard when drafted with the help of an experienced attorney. Buy/Sell Agreements For those who co-own a business, a buy/sell agreement can provide additional protection. This type of agreement determines how a spouse’s interest in the business will be valued and handled during a divorce. It can specify a cash award for the spouse’s share while ensuring that the business remains operational under your control. Buy/sell agreements not only protect your business but also provide clarity and stability during potentially turbulent times. Taking Action to Secure Your Business Proactively addressing the “what ifs” with legal agreements allows you to focus on growing your business without worrying about unforeseen complications. Consulting an attorney to create tailored agreements can ensure your business interests are thoroughly protected, no matter what the future holds. At Hoover Kacyon, LLC, we understand the importance of safeguarding your hard-earned business. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Contact us today to discuss your options and take the first step toward protecting your financial future. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon January 7, 2025
Between 2019 and 2024, the Ohio State Highway Patrol made 101,809 arrests for operating a vehicle while impaired (OVI), with approximately 30% involving repeat offenders. Ohio's laws impose strict penalties on impaired driving, particularly for repeat offenses. Understanding the potential consequences and legal options is crucial when facing an OVI charge. What Constitutes OVI in Ohio? Ohio Revised Code Section 4511.19 outlines OVI laws, which prohibit operating any vehicle, streetcar, or trackless trolley under these conditions: Being under the influence of alcohol, drugs, or their combination Having a blood alcohol concentration (BAC) of 0.08% or higher Exceeding legal limits of controlled substances like cocaine, marijuana, or heroin Even if your substance levels fall within legal thresholds, you can still be charged if the impairment is evident. Immediate Consequences of an OVI Arrest Law enforcement may suspend your license immediately if chemical testing confirms you are over the legal limit. This administrative suspension begins immediately and ranges from 90 days to five years, depending on prior offenses. Refusal to submit to chemical testing under Ohio's implied consent laws also results in immediate suspension, lasting one to five years. Criminal Penalties for OVI Convictions Penalties depend on prior convictions, BAC levels, and compliance with testing. First Offense Jail: 3 days to 6 months Fines: $375 to $1,075 License Suspension: 1 to 3 years Second Offense Jail: 10 days to 6 months Fines: $525 to $1,625 License Suspension: 1 to 7 years Third Offense Jail: 30 days to 1 year Fines: $850 to $2,750 License Suspension: 2 to 12 years Subsequent offenses may lead to felony charges with harsher penalties. Defending Against OVI Charges An OVI conviction requires proof beyond a reasonable doubt. If evidence was collected improperly or your constitutional rights were violated, it might be possible to suppress it. Another potential strategy is negotiating plea agreements for reduced charges, though Ohio does not offer pre-trial diversion programs for OVI cases. Seek Legal Assistance Ohio's stringent OVI laws necessitate having an experienced advocate on your side. A skilled attorney can help navigate the legal system, protect your rights, and minimize penalties. If you're facing OVI charges, contact a lawyer promptly to discuss your case and legal strategy. If you need representation and someone to guide you through the OVI process to get the best possible outcome, contact the attorneys at Hoover Kacyon, LLC. The Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon November 27, 2024
A DUI (driving under the influence) conviction carries severe consequences, including potential jail time, license suspension, and substantial fines. Beyond these penalties, a DUI conviction may also complicate divorce proceedings, influencing property division and child custody outcomes. If you or your spouse face DUI charges during a divorce , it’s critical to consult with an experienced attorney, like those at Hoover Kacyon, LLC, to understand your options and protect your interests. DUI and Its Impact on Divorce In Ohio, the repercussions of a DUI can extend beyond the criminal court and into family law matters. A conviction can negatively influence property division during divorce proceedings. Courts aim for an equitable division of marital assets, but a DUI-related financial strain—such as fines, legal fees, and court costs—may leave fewer resources available for negotiation. Child custody is another area where a DUI conviction can have significant implications. If one parent has been convicted of drunk driving, the other parent’s attorney may use this to argue against awarding custody. Courts in Ohio prioritize the child’s best interests, and a history of impaired judgment or dangerous behavior, such as DUI, can weigh heavily in custody decisions. A conviction may result in reduced parenting time or loss of decision-making authority for the child’s welfare, including education and medical care. Understanding DUI Laws in Ohio In Ohio, DUI laws (often referred to as OVI or operating a vehicle under the influence) impose penalties based on factors like blood alcohol concentration (BAC) and prior offenses. Depending on the circumstances, a DUI may be charged as a misdemeanor or a felony. A conviction can lead to a license suspension, which may hinder your ability to fulfill parenting responsibilities or meet employment obligations. How Hoover Kacyon, LLC, Can Help Divorce proceedings are complex, and the added element of a DUI can make the process even more challenging. The skilled family law attorneys at Hoover Kacyon, LLC are here to help. Our team provides personalized legal guidance tailored to your unique circumstances, ensuring you understand how a DUI could affect your divorce. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Contact Hoover Kacyon, LLC today at 330-922-4491 to schedule a consultation and take the first step toward protecting your rights and future.
By Hoover Kacyon November 25, 2024
Prenuptial agreements, or prenups , are essential legal documents created before marriage to establish how assets and liabilities will be divided in the event of divorce or death. For high-net-worth individuals, these agreements are crucial for protecting wealth, investments, and business interests. At Hoover Kacyon, LLC, we emphasize the value of proactively addressing financial matters, especially when substantial assets are involved. Asset Protection A primary benefit of prenuptial agreements is safeguarding assets. High-net-worth individuals often have complex financial portfolios, including real estate, businesses, stocks, and inheritances. Without a prenup, dividing these assets during a divorce can become unnecessarily complicated. A well-drafted prenuptial agreement ensures clear guidelines for asset division, helping to mitigate conflicts and streamline the resolution process. Transparency in Marriage Prenuptial agreements also promote transparency and clarity regarding financial expectations within a marriage. At Hoover Kacyon, LLC, we encourage open communication between partners when drafting prenups. These discussions not only protect assets but also foster mutual understanding, creating a solid foundation for a lasting relationship. Our collaborative approach to family law ensures our clients' interests are prioritized while promoting amicable resolutions. Beyond Asset Protection Prenuptial agreements address more than just asset protection; they can also cover spousal support and future property rights. For individuals entering a marriage with significant assets, such as a home, retirement accounts, or anticipated inheritances, it’s essential to have open discussions about how these assets will be handled in the event of divorce. A prenup provides fairness and financial security for both spouses, offering peace of mind as they move forward together. Postnuptial Options Effective January 1, 2023, Ohio law has drastically changed to allow for postnuptial agreements between spouses. This update means that now, after parties are married, they can enter into a contract with one another that changes some of their legal rights and responsibilities, similar to what a prenuptial agreement can do before parties are married. Contact Us Today For high-net-worth individuals in Ohio, prenuptial agreements are more than legal documents—they are tools for asset protection, transparency, and long-term stability. Let Hoover Kacyon, LLC guide you through the process with professionalism and compassion. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Contact us at 330-922-4491 or online to learn more about prenuptial agreements or postnuptial services.
By Hoover Kacyon November 12, 2024
Divorce marks a significant change in life, not just emotionally but also financially. Understanding how to protect your investments through this transition is crucial to setting a stable foundation for your future. Here, we outline essential steps to help safeguard your assets and navigate the process effectively. 1. Know Your State’s Property Division Laws State laws guide the division of assets in divorce, which generally follow either community property or equitable distribution principles. Ohio follows equitable distribution of property , which aims for fairness, not necessarily a 50/50 split. In either case, any property acquired during the marriage is typically considered “marital property” and subject to division. Knowing your state’s approach can help you prepare and plan strategically. 2. Inventory Your Assets A critical early step is identifying all your financial and investment accounts. Even if you haven’t managed the finances before, it’s essential to familiarize yourself with account details, including types of ownership (joint or individual), balances, and access information. This step will provide a clearer picture of your marital assets and help prevent any surprises later. 3. Consider Consulting a Financial Advisor A financial advisor can be invaluable, especially if you and your spouse have substantial investments. They can help create a marital net worth statement, calculate tax implications, and guide you through potential pitfalls. If you previously shared an advisor with your spouse, consider hiring an independent one to avoid conflicts of interest. An advisor will also help you build a post-divorce financial plan and protect your credit. 4. Update Beneficiaries Divorce is an ideal time to review and update beneficiary designations on your investment accounts, as these take precedence over wills. Neglecting to update beneficiaries could unintentionally benefit your ex-spouse. Simply log in to your accounts or contact your financial institution to make these changes. 5. Document Contributions  In equitable distribution states, the court considers each spouse’s contributions to the marriage. If you made financial sacrifices, such as paying down debt or managing a home renovation, keep records as evidence. This documentation could strengthen your case for a fair share of the assets. Dividing Investments in Divorce Investment accounts, especially retirement plans, can be challenging to divide. Workplace retirement plans like 401(k)s require a Qualified Domestic Relations Order (QDRO) to allocate funds to an ex-spouse without incurring penalties. Understanding the tax implications of different account types—such as traditional IRAs versus Roth IRAs—is also important, as the long-term impact can vary. In Essence Divorce is undeniably difficult, but taking the proper steps can safeguard your financial future. By working with a financial advisor and understanding your rights, you can approach asset division with clarity. At Hoover Kacyon, LLC, we understand the complexities of divorce and asset protection. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon November 11, 2024
Spousal support, formally known as alimony , is often a central issue in divorce cases, designed to ensure financial fairness and provide stability to a spouse after a marriage ends. In Ohio, spousal support laws aim to assist dependent spouses as they transition to financial independence, making it essential for those going through a divorce to understand the process. Who Qualifies for Spousal Support? Ohio bases spousal support eligibility on several factors, including the duration of the marriage, the standard of living during the marriage, each spouse’s earning potential, age, health, and contributions to the household. Courts take these factors into account when deciding if support is warranted and, if so, how much and for how long. Types of Spousal Support in Ohio Ohio law recognizes different types of spousal support. Temporary support may be provided during the divorce process to help a spouse meet immediate needs. Short-term support can assist a spouse in adjusting to new financial realities, while long-term or permanent support may be awarded in situations where one spouse cannot achieve financial independence due to age, health, or other factors. How is Spousal Support Calculated? Unlike some states, Ohio does not use a specific formula to calculate spousal support. Instead, the court examines both parties’ income, earning capacity, financial needs, and any existing child support obligations. This case-by-case approach allows for flexibility in determining fair support but also requires careful consideration of each unique situation. Adjusting and Ending Spousal Support Spousal support orders are not always permanent. They can be modified or terminated under specific circumstances, such as job loss, retirement, or a significant change in the financial status of either spouse. In many cases, support will automatically end if the recipient spouse remarries or if the court deems the original order no longer necessary. Tax Implications for Spousal Support Since the 2018 Tax Cuts and Jobs Act, spousal support payments are no longer tax-deductible for the payer, and recipients do not have to declare them as taxable income. Understanding these tax changes is vital for those negotiating or paying spousal support, as they can impact overall financial planning. Negotiating Outside of Court Divorcing couples can also negotiate spousal support outside the courtroom through mediation or collaborative divorce, allowing for greater flexibility and more personalized agreements. This process can be less contentious and give both parties more control over the outcome. The Importance of Legal Representation Navigating Ohio’s spousal support laws can be challenging, and it’s essential to have skilled legal guidance. The experienced family law attorneys at Hoover Kacyon, LLC, serving Akron, Cuyahoga Falls, and Fairlawn, can help you understand your rights and obligations, work through negotiations, and represent your interests in court. Whether you’re seeking or contesting spousal support, Hoover Kacyon, LLC is here to guide you through each step of the process. For a comprehensive consultation and to explore your options, contact us today at 330-922-4491 or reach out to us online.
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By Hoover Kacyon February 5, 2023
Facing a felony of any kind is a serious matter. A felony conviction can bring prison time, fines, and penalties long after you serve your sentence. Starting off strong in your case will give you the best chance at avoiding harsh consequences. Follow these steps if you are charged with a felony: Remain Silent: Deciding to invoke your fifth amendment and kindly refusing to answer any questions without a lawyer present will prevent you from incriminating yourself. Stay Calm and Polite: Remind yourself to cooperate and be nice even if wrongfully arrested or are met with aggression. Any resistance or anger may only make you look guilty or result in additional charges. Contact Attorney: The single most important decision you will make when facing felony charges is calling an attorney to get a professional looking at all the legal aspects for your best possible outcome. Know Your Offense: Familiarize yourself with the crime and potential punishment associated with what you may be facing so you understand the gravity of the situation. No Posting Bail: Speak with your attorney before a loved one posts bail so there’s time to evaluate the charges, and see if the bail should be lowered, or if you should be released without bail. Having the proper guidance from a criminal defense attorney will likely save you time, effort, and money. Be Honest: Honesty is the best policy when relaying information to your attorney (it is confidential). The more details they know, the better equipped they will be to defend you and the more prepared they can be to provide you with the best possible results. Avoid Talking to Family/Friends: Confidentiality rules do not extend to friends and family, so talking about the case with them should be strictly off-limits until after the case has concluded. Write Your Version: As soon after the incident as you can, write down everything you remember of the event while it is still fresh in your mind and you can recall more accurate details. List Witnesses: Not only do you want a list of anyone who may have seen the crime take place, but you also want to write contact information and names of anyone who could testify on your behalf as a show of your good character. Attend Court: Make a calendar and set alarms so you don’t forget the dates and times; failure in court does not reflect well and can result in a warrant for your arrest. If you are facing felony charges, Hoover Kacyon, LLC has attorneys ready to get you the best possible outcome. The Hoover Kacyon, LLC. lawyers are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon January 25, 2023
Even though the medical marijuana program was to be fully operational by September 2018, sales didn’t begin until the start of 2019 due to regulatory red tape. This red tape has made permissions and ramifications unclear. Here are the pieces you need to know about medical marijuana laws in Ohio. Qualifying Conditions Patients who are prescribed medical cannabis by a doctor to treat one, or more, of 21 qualifying conditions are the only ones allowed to use medical marijuana. The 21 conditions include cancer, PTSD, traumatic brain injury, chronic or severe pain, CTE, Parkinson's, Alzheimer's, HIV / AIDS, amyotrophic lateral sclerosis, Crohn’s disease, epilepsy/seizure disorder, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, sickle cell anemia, spinal cord disease or injury, Tourette’s, and ulcerative colitis... Approved Doctor Prescriptions State Board of Ohio-approved doctors only can recommend medical cannabis. The requirements by law for them to recommend use are having a patient-doctor relationship, reviewing patients’ past month of prescriptions, and discussing the risks and benefits of treating their conditions with marijuana. Required Registration To purchase, possess, and use medical marijuana, patients and caregivers must be registered with the State Board of Pharmacy. Registered patients and caregivers will receive registry cards and photo IDs that are valid for one year and are mandatory to have to buy marijuana at a licensed dispensary in Ohio. Number Details A 90-day supply is permitted for patients and caregivers to possess. If a patient purchases a 30-day supply on their initial trip, then the subsequent trip will be limited to a 60-day supply until 90 days after their first purchase. Products and Use Ohio state law permits the use of vaporized medicinal cannabis. The first dispensaries sold only dried “flowers” or buds which must be vaporized. No open-flame smoking is technically legal. While Ohio’s medical marijuana program is still in its “start-up phase” with many areas and issues to address, medical cannabis is being sold across the state. If you find yourself in a quandary, reach out to Hoover Kacyon, LLC to help guide you through. The Hoover Kacyon, LLC. lawyers are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon January 10, 2023
When it comes to domestic violence, you often see stalking in addition to the offense. One partner will relentlessly call, show up at places of employment or public outings, or wait outside living quarters. The threatening behavior is the focal point rather than the method used to stalk. Let’s discuss what constitutes stalking; it’s defined as a behavioral pattern intended to cause a victim fear or apprehension. Stalking may include the following: Harassing or threatening persistent behavior (e.g., phone calls or texts) Following/shadowing an individual Turn up at an individual’s home or workplace Property vandalism Other behavior/activity that makes an individual fear for their safety Three common forms of stalking include: Erotomania: A delusional obsession with someone out of the stalker’s reach, like a public figure. Love Obsessional: Usually involving a stranger, the stalker follows someone they think they are in love with delusionally. Simple Obsessional: The offender stalks someone they have a prior or existing personal or romantic relationship. As it generally involves a spouse, ex, lover, boyfriend, or girlfriend, domestic violence stalking would fit into this last category. However, states differ in their stalking laws. To discern whether or not stalking is a form of domestic violence, you must familiarize yourself with local law. Ohio includes a “menacing by stalking” law which is when an individual knowingly engages in a pattern of conduct that causes you to believe that they will cause you physical harm or mental distress. Know your rights and protections through the legal system, or hire the support you need to navigate your case. If you find yourself with questions, the attorneys at Hoover Kacyon are ready to help you. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon January 2, 2023
It’s easy to confuse burglary and robbery as the same crime. However, there’s a major difference in penalties if convicted of one or the other. Hiring a professional defense attorney who understands the nuances will help you get the best possible outcome when facing a burglary or robbery crime. Here are some of the main differences to help you discern a burglary from a robbery: Burglary A burglary involves property. While it doesn’t require stolen items, intent must be proven. It’s an attempted or forced entry into a building with the intent of committing a crime. Theft is not always included in the crime, but illegal entry into a structure with the intent to commit a crime is the deciding factor for a burglary. Walking through an unlocked door may not constitute a forced entry. Allowing your defense lawyer to look through evidence and decide how to proceed may be the best course of action. Robbery A robbery involves a violent crime against a person. It’s attempting to take something of value from someone by the threat of force or violence which also caused the person to be afraid. Two vital components of robbery are the stolen item’s value and the victim’s level of injury. Charges of either grand theft or petty theft is determined by the value of what is taken. When an experienced attorney presents favorable evidence on your behalf, the results will likely be much better for you. Penalties Both crimes bring a possibility of imprisonment and fines. The degree to which you are convicted determines the amount of each. According to findlaw.com, any conviction of burglary in Ohio can result in the following: First-degree felony: 3 to 11 years in prison and fines not exceeding $20,000. Second-degree felony: 2 to 8 years in prison and fines not exceeding $15,000. Third-degree felony: 9, 12, 18, 24, 30, or 36 months in prison* and fines not exceeding$10,000. Fourth degree felony: 6 to 18 months in prison and fines not exceeding $5,000. Fifth degree felony: 6 to 12 months in prison and fines not exceeding $2,500. On the other hand, a conviction of robbery in Ohio may result in any of these punishments: First degree felony: prison term of 3 to 11 years and fines not exceeding $20,000. Second degree felony: prison term of 2 to 8 years and fines not exceeding $15,000. Third degree felony: prison term of 9, 12, 18, 24, 30, or 36 months and fines not exceeding $10,000. You want a professional attorney to assure you get the best possible outcome in your case. If you or someone you know has been charged with a criminal burglary or robbery offense, the lawyers at Hoover Kacyon, LLC are both knowledgeable and able to assist you. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment. ** https://www.findlaw.com/state/ohio-law/ohio-burglary-laws.html ** https://www.findlaw.com/state/ohio-law/ohio-robbery-laws.html
By Hoover Kacyon December 6, 2022
In today’s world, with the development of online Google reviews, social media, and even sites like LinkedIn, choosing a good criminal defense attorney has become much easier than before. However, it is still important for you to select a criminal defense attorney that is right for you. Consulting with several attorneys is imperative to receiving the defense you want and deserve. Generally speaking, a good criminal defense attorney will be: Sympathetic and compassionate: Being charged with a crime can be devastating and life change for many people. A good attorney will make you feel at ease and listen carefully to your side of the story. Prepared: A knowledgeable attorney will be able to tell you upfront what you can expect during proceedings as well as possible outcomes and further actions. Respect your privacy: All information you disclose is legally confidential. Your attorney should respect your right to attorney-client privilege. Be up-to-date on current laws that affect your case: Continued education is imperative for a good defense attorney. Laws can change often, and you want an attorney knowledgeable about the most recent legislation that could affect the outcome of your case. Be able to negotiate: You will want an attorney who is reasonable and makes every effort to ensure you receive a fair and just outcome. An overly aggressive attorney may be impossible for others to collaborate with them effectively. On the flip side, an attorney who is too passive may not be working hard enough for the most favorable outcome. Working with an experienced attorney can mean the difference between a dismissal and a criminal record. It can mean the difference between jail time, probation, and fines or freedom. Be sure you choose an attorney who you feel comfortable with and trust. Having a good working relationship with your lawyer can greatly affect the outcome of your case. If you or someone you know has been charged with a criminal offense, the lawyers at Hoover Kacyon, LLC are both knowledgeable and able to assist you. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon November 17, 2022
Most people can safely drive or operate machinery when taking over-the-counter or prescribed medications. However, some medicine (and even some supplements) can affect your ability to drive or operate machinery safely. If you are driving while impaired, you are putting yourself and others at risk. In Ohio, a DUI falls under statute 4511.19 | Operating a vehicle under the influence of drugs or alcohol (OVI), and that includes any medications, whether legally prescribed by a doctor or not. You should read all medication labels carefully. Be cautious when taking medications with side effects that include: sleepiness blurred vision dizziness slowed movement fainting inability to focus or pay attention nausea These side effects make it dangerous for you to be on the road. Everyone is different, and medications can cause various side effects for different people. Taking multiple medications may cause interactions that taking a single medication may not cause when taken alone. You should avoid operating a vehicle or machinery until you know what side effects a particular medicine or combination of medications may cause. If you have questions, talk to your doctor or pharmacist. A DUI/OVI is a serious offense. A conviction can result in the suspension of your license. You can be sentenced to fines or even jail time. Your employment and ability to obtain insurance may be affected. When possible, find alternative options for transportation or utilize delivery services. If you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area, contact our office to schedule an initial consultation. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution for your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form.
By Hoover Kacyon October 28, 2022
Being scared, nervous, or stressed is not uncommon if you’ve just been pulled over for a DUI/OVI. Your mind may be racing, and you want to be compliant, but in doing so, you may be doing yourself a disservice. Knowing your rights and what you should and shouldn’t do is essential before facing this situation. In Ohio, a DUI is called an OVI (Operating a Vehicle Under the Influence). An OVI arrest begins with a law enforcement officer's initial traffic stop or another initial contact. The officer will immediately begin observation to determine if there is suspicion of intoxication, including: assessing your physical appearance engaging in conversation to evaluate your speech identifying other behavioral information such as where you are coming from and if you have been drinking It is important to remember you have the right to, and should, remain silent. You are not required to answer any questions, with the exception of providing your name and identification to the officer. An investigation by the officer begins with initial contact, but if you are asked to perform a series of roadside tests, you are officially being investigated for a DUI. Again, it is essential to comply with the officer’s request to step outside the vehicle, but it is within your rights to refuse any field sobriety test, including a breathalyzer. There are reasons to decline the breath alcohol test. The roadside test administered with a portable breath test (PBT) is frequently unreliable. As such, it is not admissible in court. Refusing any testing prevents law enforcement from gathering additional evidence that could be used against you during court proceedings. However, refusing a breath test will result in a mandatory administrative license suspension (usually one year) from the BMV. It is also very likely that you will be arrested for Suspicion of DUI/OVI. If you have been arrested, you should continue to exercise your right to remain silent and contact an attorney as soon as possible. A DUI conviction on your record can have an enduring negative impact on your life. It could result in jail time, fines, or the loss of your job. Contact our office to schedule an initial consultation if you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution for your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form .
By Hoover Kacyon October 5, 2022
Most of us, at some time in our lives, will interact with law enforcement. In a stressful situation, people can react in ways they normally wouldn’t. Simply engaging with a law enforcement officer can be anxiety-inducing for some people. Therefore it’s important to know your rights before finding yourself in a situation where contact with law enforcement is inevitable. Knowing your rights can help you remain calm and possibly prevent the situation from escalating. You have the right to remain silent. In any situation where you have been contacted by law enforcement, you are not required to answer any questions, with the exception of providing your name and identification to an officer. However, If you choose to answer questions, you should not lie or give false information. You have the right to refuse consent to search of your person or belongings. Whether you have been pulled over or the police have come to your door, you are not obligated to give consent for them to enter your home or your vehicle. They may perform a pat-down if they suspect you are concealing a weapon. It is important to keep in mind that you or your vehicle may still be searched against your objections, and you should not interfere with a search. However, stating your objection may help preserve your rights in any further legal proceedings. Your rights If you are arrested, you have the right to speak with an attorney, either court-appointed or hired privately. If you believe your rights have been violated, you should immediately write down what details you can remember and document any evidence of injury. You may consider filing a complaint with the agency’s oversight division or consult with an attorney to determine what further action to take. If you witness police abuse or brutality, you should stand at a safe distance from the situation. Record the interaction with your phone. Remember that law enforcement may not ask you to stop recording, may not confiscate your phone, and may not remove photos or video from your phone without your authorization. If your encounter with law enforcement results in your arrest or if you feel an encounter violates your rights, contact the lawyers at Hoover Kacyon, LLC. We are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Getting the best possible outcome is our goal.
By Hoover Kacyon August 18, 2022
You may not always be sure when you need to consult with a criminal defense attorney or a personal injury lawyer. Criminal defense attorneys defend those who have been accused of a crime. Whereas a personal injury attorney will handle cases that involve injury, most often from accidents. Every person charged with a crime is entitled to a defense attorney. You can elect to hire a private criminal defense attorney or request that the court appoints you one. The responsibilities of a criminal defense attorney are to: Interview their client Investigate their client’s case Examine the evidence of the case Discuss plea bargain options with the prosecutor Prepare for trial Represent their client at trial Handle sentencing negotiations if their client is convicted Personal injury, on the other hand, is a civil matter and requires you to hire a private attorney. Often, personal injury attorneys are hired when you’ve been in an accident resulting from someone else’s actions or negligence. A personal injury represents their client in a lawsuit again another party. The responsibilities of a personal injury attorney include: Interview their client Investigate their client’s case Examine the evidence of the case Negotiate with insurance companies Prepare for trial Represent their client at trial Whether you’ve sustained an injury or have been charged with a criminal offense, hiring a knowledgeable attorney is the best way to ensure a favorable outcome for your case. Fortunately, the lawyers at Hoover Kacyon, LLC are both knowledgeable and able to provide you with assistance no matter which type of attorney you need. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon August 3, 2022
If you have been drinking or are impaired in any way, you should not drive. Finding an alternative to getting behind the wheel when you’ve had too much to drink ensures everyone’s safety and is a guaranteed way to prevent a costly DUI on your record. However, if you are pulled over and suspected of driving intoxicated: You should be polite and cooperative. Your behavior matters. Refrain from being argumentative. An officer’s testimony is almost always given more weight in court. You have the right to (and should) refuse a breath test. Breath tests have been proven to give inaccurate results and are sensitive to improper administration. You have the right to politely refuse to take one. You can refuse a field sobriety test. Most people know a breath test is voluntary, but you can also decline an officer’s request to administer a field sobriety test. At all times during your interaction with a police officer, you have the right to remain silent. You are not required to and should not answer questions beyond providing your name and identification to the officer. An officer can (and probably will) arrest you under suspicion of DUI. In this situation, you should not run or resist arrest. Once you have been arrested, an officer will ask you to perform an implied consent test.1 These tests are administered by medically trained professionals and are different than the field tests performed by law enforcement officers. While you may refuse to take this test, doing so can result in the loss of your license for up to a year. You have the right to speak with an attorney, either court-appointed or hired privately. You should contact an attorney right away. You should write down what you remember about your encounter as soon as possible, including names and badge numbers, and document any evidence of injury. You may choose to consult with an attorney to determine further action. Follow the terms of your release from jail while your case is pending. Getting yourself in more trouble will only result in more severe punishment. Accept the consequences of your actions and complete your punishment. A DUI is a serious offense and puts the lives of others in danger. In 2019, nearly one-third of Ohio's fatal accidents were a result of alcohol impairment. Contact our office to schedule an initial consultation if you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution in your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form. 1 ORC Section 4511.191. The statute provides that the driver has implicitly consented to taking a breath test, blood test, or urine test for the purpose of determining the alcoholic content. https://www.responsibility.org/alcohol-statistics/state-map/state/ohio/
By Hoover Kacyon April 9, 2025
Even the strongest marriages face challenges. When couples exchange vows, they do so with hope and commitment to a shared future. But sometimes, despite the best intentions, a marriage no longer serves both individuals—and the idea of divorce becomes a reality. If you’re contemplating filing for divorce in Ohio but are unsure whether now is the right time, it’s important to pause and reflect on a few key areas before taking the next step. Have You Explored All Options to Reconcile? Before proceeding with a divorce, consider whether you’ve truly done all you can to repair the relationship. Especially when children are involved, it’s crucial to try every avenue to preserve the family unit. Have you considered marriage counseling or dedicated time to open, honest communication? Are there reasonable compromises that could help resolve long-standing issues? Divorce is a significant legal and emotional step—ideally, one you take only after exploring all other options. How Will This Affect Your Children? When children are part of the picture, the divorce process becomes even more complex. As you think through your next steps, ask yourself: Are the children already aware of tensions at home? How might each child react to a separation? Can you and your spouse work together to develop a custody arrangement outside of court? Are you prepared to address child support or potential spousal support under Ohio law? Can you continue to share a home peacefully while working out the details? The more clarity you gain on these matters before filing, the smoother the process can be for everyone involved. Getting Legal Guidance Early Matters At Hoover Kacyon, LLC, we understand the emotional and legal complexities that come with divorce. Our experienced family law attorneys are here to guide you through the process with compassion and clarity, helping you protect your rights and prioritize your family’s well-being. If you're thinking about divorce, don’t navigate the decision alone. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon March 28, 2025
A divorce is a life-changing event that requires updating many aspects of your life—including your estate plan. If you fail to revise your will, trusts , and beneficiary designations after divorce, unintended beneficiaries, including your ex-spouse, could inherit your assets. Learn to navigate these important updates to ensure your estate plan reflects your current wishes. Revising Your Will In Ohio, divorce automatically revokes any provisions in a will that benefit a former spouse. This detail means that if you had previously named your ex-spouse as a beneficiary or executor, they will now be treated as if they had predeceased you. However, this does not apply to other family members of your ex-spouse whom you may have included in your will. If you still wish to leave assets to your ex-spouse or make other changes, you must draft a new will that clearly states your intentions. Most wills include language that revokes prior versions, ensuring clarity in case of disputes. A new will also allows you to reassign executors and beneficiaries according to your updated preferences. Reviewing Trusts Trusts are common estate planning tools that also require careful review after divorce. If you have a revocable trust , Ohio law typically removes your ex-spouse as a beneficiary. However, irrevocable trusts do not change automatically—meaning your ex-spouse may still be entitled to benefits unless you restructure the trust. To avoid unintended outcomes, it is essential to review all trust agreements with an experienced estate planning attorney who can help modify or create new trusts as needed. Updating Beneficiary Designations Not all assets pass through a will or trust. Many financial accounts, including life insurance policies, retirement accounts, and payable-on-death (POD) bank accounts , are distributed based on beneficiary designations. A divorce does not automatically revoke these designations in Ohio, so if your ex-spouse remains listed, they could still receive those assets. To prevent this, update all beneficiary designations through your financial institutions, workplace benefits, and insurance providers. Naming a Legal Guardian for Minor Children If you have minor children, your estate plan should name a legal guardian in case something happens to you. While custody typically goes to the surviving parent, you should name a backup guardian in case your ex-spouse predeceases you or is deemed unfit. Working with an attorney ensures these plans align with Ohio law and your family's best interests. Take Action Today Failing to update your estate plan after divorce can lead to unintended consequences, including assets going to the wrong individuals or disputes among family members. At Hoover Kacyon, LLC, we guide residents of Akron, Fairlawn, and Cuyahoga Falls, Ohio, through this process, ensuring their estate plan reflects their new circumstances and protects their loved ones. If you are recently divorced or in the process of divorcing, schedule a consultation with our estate planning team today. Let us help you secure your future with confidence. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon March 21, 2025
Parents are often thrilled when their children marry, welcoming new family members with the hope of a lifelong union. However, as reality shows, marriages don’t always last. While you can’t shield your children from the emotional toll of divorce, you can take steps to ensure their inheritance remains protected. Including asset protection in your estate planning can prevent an ex-spouse from claiming part of your child’s inheritance in a divorce. How Ohio Law Treats Inheritance in Divorce Ohio follows an “equitable distribution” system, meaning marital property is divided fairly—but not necessarily equally—during a divorce . While assets inherited by one spouse are generally considered separate property, they can easily become marital property if commingled. For instance, if your child inherits money and deposits it into a joint bank account with their spouse, it can lose its status as separate property. Similarly, if an inherited home is jointly improved or used as the couple’s residence, its increased value may be considered marital property. Once separate property becomes marital property, it typically cannot be reversed. Strategies to Protect an Inheritance from Divorce To safeguard your child’s inheritance, consider the following options: 1. Establishing a Trust A well-structured trust is one of the best ways to protect an inheritance. Two primary options exist: Revocable Trust – Allows flexibility while the grantor is alive, ensuring assets are managed and distributed according to predetermined terms. Since the trust, not the child, owns the assets, they are protected from becoming marital property. Irrevocable Trust – Provides stronger protection by preventing the assets from being reclaimed by the grantor. This step ensures the inheritance is shielded not only from divorce but also from creditors and legal claims. 2. Using a Limited Liability Company (LLC) For inheritances involving family businesses, farms, or valuable property, an LLC can be an effective tool. By structuring ownership through an LLC, assets remain separate and protected, preventing them from being subject to division in a divorce. Secure Your Family’s Future The unfortunate reality is that nearly half of marriages end in divorce. By taking proactive steps now, you can help ensure that your child’s inheritance remains protected for future generations. Consulting with an experienced estate planning attorney at Hoover Kacyon LLC can provide peace of mind and legal strategies tailored to your family's needs. Contact Hoover Kacyon LLC today to discuss safeguarding your child’s inheritance and securing your legacy. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon March 10, 2025
Divorce can be a complex and stressful process for business owners who have dedicated time and effort to building their companies. The division of assets, spousal support, and financial impact can be overwhelming. At Hoover Kacyon, LLC, we understand these challenges and are here to help protect your interests and future. Is Your Business Marital Property? A key concern is whether a business is considered marital property. In Ohio, assets acquired during marriage are typically subject to equitable distribution. If you established your business before marriage, its original value may remain separate property. However, any increase in value during the marriage could be considered marital property, especially if marital funds or joint efforts contributed to its growth. Protecting Your Business During Divorce Here are strategies to safeguard your business: Control Business Growth – Consider slowing major expansions if divorce is imminent, as increased business value may be subject to division. Trust Legal Guidance – A skilled attorney can handle negotiations and protect your business assets while you focus on operations. Distinguish Separate vs. Marital Property – Keeping clear financial records can help clarify which portions of your business are separate property. Negotiate a Buyout – Instead of dividing ownership, offer an equalization payment as a lump sum or structured payment plan to retain full control. The Role of Prenuptial and Postnuptial Agreements A prenuptial or postnuptial agreement is one of the best ways to protect a business from future claims. Prenuptial Agreement – Created before marriage, it defines how to handle business assets in a divorce. Postnuptial Agreement – Established after marriage, it outlines asset division. However, courts may scrutinize postnups if you’re already considering divorce. Avoiding Litigation Litigation can be costly and expose business details to public records. Alternative dispute resolution methods, such as mediation or negotiation, can maintain privacy and lead to fair settlements. Negotiating a division of other marital assets—such as real estate or investments—may allow you to retain full business ownership without court intervention. How Hoover Kacyon, LLC Can Help At Hoover Kacyon, LLC, we understand the unique challenges business owners face during divorce. Our legal team specializes in asset protection, negotiations, and crafting agreements that safeguard business interests. If you are a business owner facing divorce, schedule a consultation with Hoover Kacyon, LLC today to protect your business, financial stability, and future. No matter how complicated your divorce might be, the Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon February 27, 2025
Starting a business is an exciting yet complex endeavor. While the financial aspects of entrepreneurship often take center stage, legal planning is just as crucial. Making informed legal decisions early on can help prevent complications and set the stage for long-term success. Whether you're launching a small startup or a growing enterprise, understanding the legal requirements for business formation is key. Choosing the Right Business Structure Selecting the appropriate business entity is one of the first and most important legal steps when starting a business. The options include sole proprietorships, partnerships, limited liability companies (LLCs), and corporations. Each structure comes with its advantages and responsibilities, including tax implications, liability protection, and operational flexibility. A knowledgeable business attorney can help assess your specific needs and guide you in choosing the right entity for your venture. Registering Your Business and Obtaining Licenses In Ohio, businesses must register with the Ohio Secretary of State . Additional licensing and permits may be required at the state or local level, depending on your industry and location. Ensuring compliance with registration and licensing laws from the start can help avoid legal setbacks down the road. Drafting Business Agreements A well-drafted business agreement is essential if you are starting a business with partners. A partnership agreement, operating agreement (for LLCs), or corporate bylaws should outline ownership rights, decision-making processes, profit distribution, and exit strategies. Clear agreements help prevent disputes and provide a framework for resolving conflicts efficiently. Hiring Employees and Employment Law Compliance Bringing employees into your business adds another layer of legal responsibility. You must decide whether to hire employees or engage independent contractors. Proper classification is critical to avoid penalties related to employment taxes and benefits. Additionally, businesses should consider employee handbooks, confidentiality agreements, and workplace policies to protect both the company and its workforce. Protecting Intellectual Property For many businesses, intellectual property (IP) is one of their most valuable assets.Trademarks, copyrights, patents, and trade secrets should be properly safeguarded to maintain competitive advantage. Legal agreements, such as non-disclosure and non-compete contracts, can further help protect proprietary information from misuse. Understanding Zoning and Environmental Regulations Certain industries must comply with zoning laws and environmental regulations. Local zoning laws dictate where businesses can operate, and environmental laws may impose restrictions on waste disposal, emissions, and land use. Ensuring compliance from the outset can prevent costly legal issues and operational disruptions. Securing Business Insurance Business insurance is another crucial component of risk management. Liability insurance, property coverage, and workers' compensation policies can help protect your business from financial losses due to lawsuits, accidents, or unexpected events. Consulting with an attorney can help determine the appropriate coverage for your business’s unique needs. Set Your Business Up for Success Starting a business involves numerous legal considerations that can impact your company’s future. At Hoover Kacyon LLC, we understand entrepreneurs' challenges and are here to provide expert legal guidance. Whether you need help with business formation, contract drafting, employment law, or risk management, our experienced attorneys can support you every step of the way. For personalized legal assistance in starting or growing your business, contact Hoover Kacyon LLC today.
By Hoover Kacyon February 26, 2025
Probate is the legal process of validating a will and ensuring that a deceased individual’s assets are distributed correctly. While some estates may bypass probate through careful planning, many must go through this procedure to settle debts and transfer assets. Given its complexity, executors (or personal representatives) can easily make mistakes that delay proceedings or create legal complications. Below are some common probate pitfalls and how to avoid them. Delaying the Probate Process Losing a loved one is an emotional time, and while grieving is natural, delaying the probate process can cause significant issues. Taxes and debts may accrue penalties and interest, creditors may initiate legal actions, and heirs could grow suspicious of delays. To prevent these problems, executors should familiarize themselves with probate requirements and timelines. For example, in Ohio, an estate inventory should generally be completed and filed within three months of the executor’s appointment. Acting promptly helps keep the process smooth and minimizes potential disputes. Poor Accounting and Record-Keeping Executors must maintain detailed records of all financial transactions related to the estate, including payments to creditors and distributions to heirs. Poor accounting can raise legal concerns and even lead to allegations of misconduct. To avoid complications: Keep a dedicated estate ledger separate from personal finances. Retain receipts and records of all transactions, no matter how small. Record each transaction individually instead of combining multiple payments into a single entry. Regularly review asset values, including stock statements and real estate assessments. Failing to Communicate with Beneficiaries Lack of communication can lead to frustration and suspicion among beneficiaries. Some may even suspect the executor of mishandling estate assets. Keeping beneficiaries informed fosters trust and transparency. Executors should: Provide regular updates via phone or email, even with no significant changes. Maintain records of all communications with beneficiaries. Address questions and concerns promptly. Seek legal assistance if communication becomes contentious. Distributing Assets Too Soon Beneficiaries may pressure the executor to distribute assets quickly, but doing so before settling all debts can create significant legal liability. Creditors generally have up to a year to file claims, and if an executor prematurely distributes funds, they may be held responsible for unpaid debts. To mitigate risks, executors should: Prioritize debt payments before distributions. Ensure all creditor claims are properly addressed before finalizing asset transfers. Consult an attorney to navigate complex estate matters. Not Seeking Legal Assistance Even seemingly straightforward estates can become complicated due to unexpected claims, tax considerations, or beneficiary disputes. Retaining an experienced probate attorney can help executors fulfill their duties correctly and avoid costly mistakes. A knowledgeable probate attorney provides guidance on legal requirements, ensures compliance with state laws, and helps resolve conflicts efficiently. If you’re serving as an executor and need assistance, the legal team at Hoover Kacyon LLC is here to help. Contact us today to navigate the probate process with confidence.
By Hoover Kacyon February 4, 2025
Remarrying after a divorce can feel like a fresh start and an opportunity to build a lasting partnership. However, Census statistics show that second marriages have a higher rate of failure than first marriages, making it essential to approach this new chapter with awareness and preparation. For those planning to remarry in Ohio, understanding the legal and personal implications can help set the foundation for a successful union. Unique Challenges of Second Marriages Couples entering a second marriage often face hurdles not present in first marriages. Some of these challenges include: Lingering emotions like resentment or anger toward a former spouse. Balancing greater financial and personal independence. Managing financial obligations, including child support or alimony. Blending families and navigating relationships with stepchildren. Adjusting to changes in social networks and family dynamics. Steps to Consider Before Remarrying To increase the likelihood of a successful second marriage, thoughtful planning is crucial. Key steps include: Understanding Past Mistakes: Reflect on the reasons your first marriage ended. Identify patterns or behaviors to avoid repeating in your new relationship. Discussing Family Dynamics: Blending families can be challenging. Open communication with your children and your new partner about expectations and concerns is essential for building trust and harmony. Reviewing Financial Implications: Second marriages often involve complex financial considerations, including: Alimony : Remarriage typically terminates alimony payments. Notify your former spouse promptly, as required by your divorce agreement. Household Finances : Discuss shared expenses and financial responsibilities to avoid conflict later. Life and Health Insurance : Update beneficiaries and ensure compliance with previous agreements before making changes. Considering a Prenuptial Agreement : Protect your premarital assets and plan for your children’s inheritance with a prenuptial agreement. This precaution is especially valuable if there are significant financial disparities between you and your partner. Emotional Readiness: Before remarrying, take the time to heal and address any unresolved emotions. Counseling can help you process lingering feelings and prepare you for a healthy relationship. Setting Yourself Up for Success While challenges exist, second marriages can thrive with open communication, mutual respect, and a shared commitment to resolving issues as they arise. Building trust with your partner and stepchildren and prioritizing the relationship can help create a strong foundation for your new family. Contact Hoover Kacyon, LLC If you’re planning to remarry and have concerns about the legal implications, the experienced family law attorneys at Hoover Kacyon, LLC can help. We provide guidance on prenuptial agreements, financial planning, and family dynamics to ensure you’re fully prepared for this new chapter. The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Contact us today to schedule a consultation and receive personalized advice tailored to your unique situation. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon January 15, 2025
When you’ve built a successful business, safeguarding it is crucial—especially within the context of marriage. While no one enters marriage expecting a divorce, planning for potential outcomes can protect both your livelihood and your peace of mind. Several proactive strategies can help you secure your business interests, such as prenuptial agreements, postnuptial agreements, and buy/sell agreements. Prenuptial Agreements A prenuptial agreement is a powerful tool for ensuring your business remains protected in the event of divorce. This legally binding document entered into before marriage, allows both parties to agree on how to divide assets if the marriage ends. Specifically, you can designate whether your business qualifies as marital property. By excluding the business from marital property, you protect it from being subject to division. Prenuptial agreements are widely recognized and often provide the strongest protection for business owners. Postnuptial Agreements If you’re already married and haven’t established a prenuptial agreement, a postnuptial agreement offers an alternative. These agreements serve a similar purpose, allowing you to outline how to treat business assets in case of divorce. However, postnuptial agreements can be more challenging to enforce than prenuptial agreements, as courts may scrutinize them more closely to ensure fairness. Still, they can be an effective safeguard when drafted with the help of an experienced attorney. Buy/Sell Agreements For those who co-own a business, a buy/sell agreement can provide additional protection. This type of agreement determines how a spouse’s interest in the business will be valued and handled during a divorce. It can specify a cash award for the spouse’s share while ensuring that the business remains operational under your control. Buy/sell agreements not only protect your business but also provide clarity and stability during potentially turbulent times. Taking Action to Secure Your Business Proactively addressing the “what ifs” with legal agreements allows you to focus on growing your business without worrying about unforeseen complications. Consulting an attorney to create tailored agreements can ensure your business interests are thoroughly protected, no matter what the future holds. At Hoover Kacyon, LLC, we understand the importance of safeguarding your hard-earned business. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Contact us today to discuss your options and take the first step toward protecting your financial future. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon January 7, 2025
Between 2019 and 2024, the Ohio State Highway Patrol made 101,809 arrests for operating a vehicle while impaired (OVI), with approximately 30% involving repeat offenders. Ohio's laws impose strict penalties on impaired driving, particularly for repeat offenses. Understanding the potential consequences and legal options is crucial when facing an OVI charge. What Constitutes OVI in Ohio? Ohio Revised Code Section 4511.19 outlines OVI laws, which prohibit operating any vehicle, streetcar, or trackless trolley under these conditions: Being under the influence of alcohol, drugs, or their combination Having a blood alcohol concentration (BAC) of 0.08% or higher Exceeding legal limits of controlled substances like cocaine, marijuana, or heroin Even if your substance levels fall within legal thresholds, you can still be charged if the impairment is evident. Immediate Consequences of an OVI Arrest Law enforcement may suspend your license immediately if chemical testing confirms you are over the legal limit. This administrative suspension begins immediately and ranges from 90 days to five years, depending on prior offenses. Refusal to submit to chemical testing under Ohio's implied consent laws also results in immediate suspension, lasting one to five years. Criminal Penalties for OVI Convictions Penalties depend on prior convictions, BAC levels, and compliance with testing. First Offense Jail: 3 days to 6 months Fines: $375 to $1,075 License Suspension: 1 to 3 years Second Offense Jail: 10 days to 6 months Fines: $525 to $1,625 License Suspension: 1 to 7 years Third Offense Jail: 30 days to 1 year Fines: $850 to $2,750 License Suspension: 2 to 12 years Subsequent offenses may lead to felony charges with harsher penalties. Defending Against OVI Charges An OVI conviction requires proof beyond a reasonable doubt. If evidence was collected improperly or your constitutional rights were violated, it might be possible to suppress it. Another potential strategy is negotiating plea agreements for reduced charges, though Ohio does not offer pre-trial diversion programs for OVI cases. Seek Legal Assistance Ohio's stringent OVI laws necessitate having an experienced advocate on your side. A skilled attorney can help navigate the legal system, protect your rights, and minimize penalties. If you're facing OVI charges, contact a lawyer promptly to discuss your case and legal strategy. If you need representation and someone to guide you through the OVI process to get the best possible outcome, contact the attorneys at Hoover Kacyon, LLC. The Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon November 27, 2024
A DUI (driving under the influence) conviction carries severe consequences, including potential jail time, license suspension, and substantial fines. Beyond these penalties, a DUI conviction may also complicate divorce proceedings, influencing property division and child custody outcomes. If you or your spouse face DUI charges during a divorce , it’s critical to consult with an experienced attorney, like those at Hoover Kacyon, LLC, to understand your options and protect your interests. DUI and Its Impact on Divorce In Ohio, the repercussions of a DUI can extend beyond the criminal court and into family law matters. A conviction can negatively influence property division during divorce proceedings. Courts aim for an equitable division of marital assets, but a DUI-related financial strain—such as fines, legal fees, and court costs—may leave fewer resources available for negotiation. Child custody is another area where a DUI conviction can have significant implications. If one parent has been convicted of drunk driving, the other parent’s attorney may use this to argue against awarding custody. Courts in Ohio prioritize the child’s best interests, and a history of impaired judgment or dangerous behavior, such as DUI, can weigh heavily in custody decisions. A conviction may result in reduced parenting time or loss of decision-making authority for the child’s welfare, including education and medical care. Understanding DUI Laws in Ohio In Ohio, DUI laws (often referred to as OVI or operating a vehicle under the influence) impose penalties based on factors like blood alcohol concentration (BAC) and prior offenses. Depending on the circumstances, a DUI may be charged as a misdemeanor or a felony. A conviction can lead to a license suspension, which may hinder your ability to fulfill parenting responsibilities or meet employment obligations. How Hoover Kacyon, LLC, Can Help Divorce proceedings are complex, and the added element of a DUI can make the process even more challenging. The skilled family law attorneys at Hoover Kacyon, LLC are here to help. Our team provides personalized legal guidance tailored to your unique circumstances, ensuring you understand how a DUI could affect your divorce. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Contact Hoover Kacyon, LLC today at 330-922-4491 to schedule a consultation and take the first step toward protecting your rights and future.
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By Hoover Kacyon February 5, 2023
Facing a felony of any kind is a serious matter. A felony conviction can bring prison time, fines, and penalties long after you serve your sentence. Starting off strong in your case will give you the best chance at avoiding harsh consequences. Follow these steps if you are charged with a felony: Remain Silent: Deciding to invoke your fifth amendment and kindly refusing to answer any questions without a lawyer present will prevent you from incriminating yourself. Stay Calm and Polite: Remind yourself to cooperate and be nice even if wrongfully arrested or are met with aggression. Any resistance or anger may only make you look guilty or result in additional charges. Contact Attorney: The single most important decision you will make when facing felony charges is calling an attorney to get a professional looking at all the legal aspects for your best possible outcome. Know Your Offense: Familiarize yourself with the crime and potential punishment associated with what you may be facing so you understand the gravity of the situation. No Posting Bail: Speak with your attorney before a loved one posts bail so there’s time to evaluate the charges, and see if the bail should be lowered, or if you should be released without bail. Having the proper guidance from a criminal defense attorney will likely save you time, effort, and money. Be Honest: Honesty is the best policy when relaying information to your attorney (it is confidential). The more details they know, the better equipped they will be to defend you and the more prepared they can be to provide you with the best possible results. Avoid Talking to Family/Friends: Confidentiality rules do not extend to friends and family, so talking about the case with them should be strictly off-limits until after the case has concluded. Write Your Version: As soon after the incident as you can, write down everything you remember of the event while it is still fresh in your mind and you can recall more accurate details. List Witnesses: Not only do you want a list of anyone who may have seen the crime take place, but you also want to write contact information and names of anyone who could testify on your behalf as a show of your good character. Attend Court: Make a calendar and set alarms so you don’t forget the dates and times; failure in court does not reflect well and can result in a warrant for your arrest. If you are facing felony charges, Hoover Kacyon, LLC has attorneys ready to get you the best possible outcome. The Hoover Kacyon, LLC. lawyers are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon January 25, 2023
Even though the medical marijuana program was to be fully operational by September 2018, sales didn’t begin until the start of 2019 due to regulatory red tape. This red tape has made permissions and ramifications unclear. Here are the pieces you need to know about medical marijuana laws in Ohio. Qualifying Conditions Patients who are prescribed medical cannabis by a doctor to treat one, or more, of 21 qualifying conditions are the only ones allowed to use medical marijuana. The 21 conditions include cancer, PTSD, traumatic brain injury, chronic or severe pain, CTE, Parkinson's, Alzheimer's, HIV / AIDS, amyotrophic lateral sclerosis, Crohn’s disease, epilepsy/seizure disorder, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, sickle cell anemia, spinal cord disease or injury, Tourette’s, and ulcerative colitis... Approved Doctor Prescriptions State Board of Ohio-approved doctors only can recommend medical cannabis. The requirements by law for them to recommend use are having a patient-doctor relationship, reviewing patients’ past month of prescriptions, and discussing the risks and benefits of treating their conditions with marijuana. Required Registration To purchase, possess, and use medical marijuana, patients and caregivers must be registered with the State Board of Pharmacy. Registered patients and caregivers will receive registry cards and photo IDs that are valid for one year and are mandatory to have to buy marijuana at a licensed dispensary in Ohio. Number Details A 90-day supply is permitted for patients and caregivers to possess. If a patient purchases a 30-day supply on their initial trip, then the subsequent trip will be limited to a 60-day supply until 90 days after their first purchase. Products and Use Ohio state law permits the use of vaporized medicinal cannabis. The first dispensaries sold only dried “flowers” or buds which must be vaporized. No open-flame smoking is technically legal. While Ohio’s medical marijuana program is still in its “start-up phase” with many areas and issues to address, medical cannabis is being sold across the state. If you find yourself in a quandary, reach out to Hoover Kacyon, LLC to help guide you through. The Hoover Kacyon, LLC. lawyers are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon January 10, 2023
When it comes to domestic violence, you often see stalking in addition to the offense. One partner will relentlessly call, show up at places of employment or public outings, or wait outside living quarters. The threatening behavior is the focal point rather than the method used to stalk. Let’s discuss what constitutes stalking; it’s defined as a behavioral pattern intended to cause a victim fear or apprehension. Stalking may include the following: Harassing or threatening persistent behavior (e.g., phone calls or texts) Following/shadowing an individual Turn up at an individual’s home or workplace Property vandalism Other behavior/activity that makes an individual fear for their safety Three common forms of stalking include: Erotomania: A delusional obsession with someone out of the stalker’s reach, like a public figure. Love Obsessional: Usually involving a stranger, the stalker follows someone they think they are in love with delusionally. Simple Obsessional: The offender stalks someone they have a prior or existing personal or romantic relationship. As it generally involves a spouse, ex, lover, boyfriend, or girlfriend, domestic violence stalking would fit into this last category. However, states differ in their stalking laws. To discern whether or not stalking is a form of domestic violence, you must familiarize yourself with local law. Ohio includes a “menacing by stalking” law which is when an individual knowingly engages in a pattern of conduct that causes you to believe that they will cause you physical harm or mental distress. Know your rights and protections through the legal system, or hire the support you need to navigate your case. If you find yourself with questions, the attorneys at Hoover Kacyon are ready to help you. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon January 2, 2023
It’s easy to confuse burglary and robbery as the same crime. However, there’s a major difference in penalties if convicted of one or the other. Hiring a professional defense attorney who understands the nuances will help you get the best possible outcome when facing a burglary or robbery crime. Here are some of the main differences to help you discern a burglary from a robbery: Burglary A burglary involves property. While it doesn’t require stolen items, intent must be proven. It’s an attempted or forced entry into a building with the intent of committing a crime. Theft is not always included in the crime, but illegal entry into a structure with the intent to commit a crime is the deciding factor for a burglary. Walking through an unlocked door may not constitute a forced entry. Allowing your defense lawyer to look through evidence and decide how to proceed may be the best course of action. Robbery A robbery involves a violent crime against a person. It’s attempting to take something of value from someone by the threat of force or violence which also caused the person to be afraid. Two vital components of robbery are the stolen item’s value and the victim’s level of injury. Charges of either grand theft or petty theft is determined by the value of what is taken. When an experienced attorney presents favorable evidence on your behalf, the results will likely be much better for you. Penalties Both crimes bring a possibility of imprisonment and fines. The degree to which you are convicted determines the amount of each. According to findlaw.com, any conviction of burglary in Ohio can result in the following: First-degree felony: 3 to 11 years in prison and fines not exceeding $20,000. Second-degree felony: 2 to 8 years in prison and fines not exceeding $15,000. Third-degree felony: 9, 12, 18, 24, 30, or 36 months in prison* and fines not exceeding$10,000. Fourth degree felony: 6 to 18 months in prison and fines not exceeding $5,000. Fifth degree felony: 6 to 12 months in prison and fines not exceeding $2,500. On the other hand, a conviction of robbery in Ohio may result in any of these punishments: First degree felony: prison term of 3 to 11 years and fines not exceeding $20,000. Second degree felony: prison term of 2 to 8 years and fines not exceeding $15,000. Third degree felony: prison term of 9, 12, 18, 24, 30, or 36 months and fines not exceeding $10,000. You want a professional attorney to assure you get the best possible outcome in your case. If you or someone you know has been charged with a criminal burglary or robbery offense, the lawyers at Hoover Kacyon, LLC are both knowledgeable and able to assist you. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment. ** https://www.findlaw.com/state/ohio-law/ohio-burglary-laws.html ** https://www.findlaw.com/state/ohio-law/ohio-robbery-laws.html
By Hoover Kacyon December 6, 2022
In today’s world, with the development of online Google reviews, social media, and even sites like LinkedIn, choosing a good criminal defense attorney has become much easier than before. However, it is still important for you to select a criminal defense attorney that is right for you. Consulting with several attorneys is imperative to receiving the defense you want and deserve. Generally speaking, a good criminal defense attorney will be: Sympathetic and compassionate: Being charged with a crime can be devastating and life change for many people. A good attorney will make you feel at ease and listen carefully to your side of the story. Prepared: A knowledgeable attorney will be able to tell you upfront what you can expect during proceedings as well as possible outcomes and further actions. Respect your privacy: All information you disclose is legally confidential. Your attorney should respect your right to attorney-client privilege. Be up-to-date on current laws that affect your case: Continued education is imperative for a good defense attorney. Laws can change often, and you want an attorney knowledgeable about the most recent legislation that could affect the outcome of your case. Be able to negotiate: You will want an attorney who is reasonable and makes every effort to ensure you receive a fair and just outcome. An overly aggressive attorney may be impossible for others to collaborate with them effectively. On the flip side, an attorney who is too passive may not be working hard enough for the most favorable outcome. Working with an experienced attorney can mean the difference between a dismissal and a criminal record. It can mean the difference between jail time, probation, and fines or freedom. Be sure you choose an attorney who you feel comfortable with and trust. Having a good working relationship with your lawyer can greatly affect the outcome of your case. If you or someone you know has been charged with a criminal offense, the lawyers at Hoover Kacyon, LLC are both knowledgeable and able to assist you. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon November 17, 2022
Most people can safely drive or operate machinery when taking over-the-counter or prescribed medications. However, some medicine (and even some supplements) can affect your ability to drive or operate machinery safely. If you are driving while impaired, you are putting yourself and others at risk. In Ohio, a DUI falls under statute 4511.19 | Operating a vehicle under the influence of drugs or alcohol (OVI), and that includes any medications, whether legally prescribed by a doctor or not. You should read all medication labels carefully. Be cautious when taking medications with side effects that include: sleepiness blurred vision dizziness slowed movement fainting inability to focus or pay attention nausea These side effects make it dangerous for you to be on the road. Everyone is different, and medications can cause various side effects for different people. Taking multiple medications may cause interactions that taking a single medication may not cause when taken alone. You should avoid operating a vehicle or machinery until you know what side effects a particular medicine or combination of medications may cause. If you have questions, talk to your doctor or pharmacist. A DUI/OVI is a serious offense. A conviction can result in the suspension of your license. You can be sentenced to fines or even jail time. Your employment and ability to obtain insurance may be affected. When possible, find alternative options for transportation or utilize delivery services. If you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area, contact our office to schedule an initial consultation. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution for your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form.
By Hoover Kacyon October 28, 2022
Being scared, nervous, or stressed is not uncommon if you’ve just been pulled over for a DUI/OVI. Your mind may be racing, and you want to be compliant, but in doing so, you may be doing yourself a disservice. Knowing your rights and what you should and shouldn’t do is essential before facing this situation. In Ohio, a DUI is called an OVI (Operating a Vehicle Under the Influence). An OVI arrest begins with a law enforcement officer's initial traffic stop or another initial contact. The officer will immediately begin observation to determine if there is suspicion of intoxication, including: assessing your physical appearance engaging in conversation to evaluate your speech identifying other behavioral information such as where you are coming from and if you have been drinking It is important to remember you have the right to, and should, remain silent. You are not required to answer any questions, with the exception of providing your name and identification to the officer. An investigation by the officer begins with initial contact, but if you are asked to perform a series of roadside tests, you are officially being investigated for a DUI. Again, it is essential to comply with the officer’s request to step outside the vehicle, but it is within your rights to refuse any field sobriety test, including a breathalyzer. There are reasons to decline the breath alcohol test. The roadside test administered with a portable breath test (PBT) is frequently unreliable. As such, it is not admissible in court. Refusing any testing prevents law enforcement from gathering additional evidence that could be used against you during court proceedings. However, refusing a breath test will result in a mandatory administrative license suspension (usually one year) from the BMV. It is also very likely that you will be arrested for Suspicion of DUI/OVI. If you have been arrested, you should continue to exercise your right to remain silent and contact an attorney as soon as possible. A DUI conviction on your record can have an enduring negative impact on your life. It could result in jail time, fines, or the loss of your job. Contact our office to schedule an initial consultation if you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution for your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form .
By Hoover Kacyon October 5, 2022
Most of us, at some time in our lives, will interact with law enforcement. In a stressful situation, people can react in ways they normally wouldn’t. Simply engaging with a law enforcement officer can be anxiety-inducing for some people. Therefore it’s important to know your rights before finding yourself in a situation where contact with law enforcement is inevitable. Knowing your rights can help you remain calm and possibly prevent the situation from escalating. You have the right to remain silent. In any situation where you have been contacted by law enforcement, you are not required to answer any questions, with the exception of providing your name and identification to an officer. However, If you choose to answer questions, you should not lie or give false information. You have the right to refuse consent to search of your person or belongings. Whether you have been pulled over or the police have come to your door, you are not obligated to give consent for them to enter your home or your vehicle. They may perform a pat-down if they suspect you are concealing a weapon. It is important to keep in mind that you or your vehicle may still be searched against your objections, and you should not interfere with a search. However, stating your objection may help preserve your rights in any further legal proceedings. Your rights If you are arrested, you have the right to speak with an attorney, either court-appointed or hired privately. If you believe your rights have been violated, you should immediately write down what details you can remember and document any evidence of injury. You may consider filing a complaint with the agency’s oversight division or consult with an attorney to determine what further action to take. If you witness police abuse or brutality, you should stand at a safe distance from the situation. Record the interaction with your phone. Remember that law enforcement may not ask you to stop recording, may not confiscate your phone, and may not remove photos or video from your phone without your authorization. If your encounter with law enforcement results in your arrest or if you feel an encounter violates your rights, contact the lawyers at Hoover Kacyon, LLC. We are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Getting the best possible outcome is our goal.
By Hoover Kacyon August 18, 2022
You may not always be sure when you need to consult with a criminal defense attorney or a personal injury lawyer. Criminal defense attorneys defend those who have been accused of a crime. Whereas a personal injury attorney will handle cases that involve injury, most often from accidents. Every person charged with a crime is entitled to a defense attorney. You can elect to hire a private criminal defense attorney or request that the court appoints you one. The responsibilities of a criminal defense attorney are to: Interview their client Investigate their client’s case Examine the evidence of the case Discuss plea bargain options with the prosecutor Prepare for trial Represent their client at trial Handle sentencing negotiations if their client is convicted Personal injury, on the other hand, is a civil matter and requires you to hire a private attorney. Often, personal injury attorneys are hired when you’ve been in an accident resulting from someone else’s actions or negligence. A personal injury represents their client in a lawsuit again another party. The responsibilities of a personal injury attorney include: Interview their client Investigate their client’s case Examine the evidence of the case Negotiate with insurance companies Prepare for trial Represent their client at trial Whether you’ve sustained an injury or have been charged with a criminal offense, hiring a knowledgeable attorney is the best way to ensure a favorable outcome for your case. Fortunately, the lawyers at Hoover Kacyon, LLC are both knowledgeable and able to provide you with assistance no matter which type of attorney you need. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon August 3, 2022
If you have been drinking or are impaired in any way, you should not drive. Finding an alternative to getting behind the wheel when you’ve had too much to drink ensures everyone’s safety and is a guaranteed way to prevent a costly DUI on your record. However, if you are pulled over and suspected of driving intoxicated: You should be polite and cooperative. Your behavior matters. Refrain from being argumentative. An officer’s testimony is almost always given more weight in court. You have the right to (and should) refuse a breath test. Breath tests have been proven to give inaccurate results and are sensitive to improper administration. You have the right to politely refuse to take one. You can refuse a field sobriety test. Most people know a breath test is voluntary, but you can also decline an officer’s request to administer a field sobriety test. At all times during your interaction with a police officer, you have the right to remain silent. You are not required to and should not answer questions beyond providing your name and identification to the officer. An officer can (and probably will) arrest you under suspicion of DUI. In this situation, you should not run or resist arrest. Once you have been arrested, an officer will ask you to perform an implied consent test.1 These tests are administered by medically trained professionals and are different than the field tests performed by law enforcement officers. While you may refuse to take this test, doing so can result in the loss of your license for up to a year. You have the right to speak with an attorney, either court-appointed or hired privately. You should contact an attorney right away. You should write down what you remember about your encounter as soon as possible, including names and badge numbers, and document any evidence of injury. You may choose to consult with an attorney to determine further action. Follow the terms of your release from jail while your case is pending. Getting yourself in more trouble will only result in more severe punishment. Accept the consequences of your actions and complete your punishment. A DUI is a serious offense and puts the lives of others in danger. In 2019, nearly one-third of Ohio's fatal accidents were a result of alcohol impairment. Contact our office to schedule an initial consultation if you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution in your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form. 1 ORC Section 4511.191. The statute provides that the driver has implicitly consented to taking a breath test, blood test, or urine test for the purpose of determining the alcoholic content. https://www.responsibility.org/alcohol-statistics/state-map/state/ohio/
By Hoover Kacyon April 9, 2025
Even the strongest marriages face challenges. When couples exchange vows, they do so with hope and commitment to a shared future. But sometimes, despite the best intentions, a marriage no longer serves both individuals—and the idea of divorce becomes a reality. If you’re contemplating filing for divorce in Ohio but are unsure whether now is the right time, it’s important to pause and reflect on a few key areas before taking the next step. Have You Explored All Options to Reconcile? Before proceeding with a divorce, consider whether you’ve truly done all you can to repair the relationship. Especially when children are involved, it’s crucial to try every avenue to preserve the family unit. Have you considered marriage counseling or dedicated time to open, honest communication? Are there reasonable compromises that could help resolve long-standing issues? Divorce is a significant legal and emotional step—ideally, one you take only after exploring all other options. How Will This Affect Your Children? When children are part of the picture, the divorce process becomes even more complex. As you think through your next steps, ask yourself: Are the children already aware of tensions at home? How might each child react to a separation? Can you and your spouse work together to develop a custody arrangement outside of court? Are you prepared to address child support or potential spousal support under Ohio law? Can you continue to share a home peacefully while working out the details? The more clarity you gain on these matters before filing, the smoother the process can be for everyone involved. Getting Legal Guidance Early Matters At Hoover Kacyon, LLC, we understand the emotional and legal complexities that come with divorce. Our experienced family law attorneys are here to guide you through the process with compassion and clarity, helping you protect your rights and prioritize your family’s well-being. If you're thinking about divorce, don’t navigate the decision alone. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon March 28, 2025
A divorce is a life-changing event that requires updating many aspects of your life—including your estate plan. If you fail to revise your will, trusts , and beneficiary designations after divorce, unintended beneficiaries, including your ex-spouse, could inherit your assets. Learn to navigate these important updates to ensure your estate plan reflects your current wishes. Revising Your Will In Ohio, divorce automatically revokes any provisions in a will that benefit a former spouse. This detail means that if you had previously named your ex-spouse as a beneficiary or executor, they will now be treated as if they had predeceased you. However, this does not apply to other family members of your ex-spouse whom you may have included in your will. If you still wish to leave assets to your ex-spouse or make other changes, you must draft a new will that clearly states your intentions. Most wills include language that revokes prior versions, ensuring clarity in case of disputes. A new will also allows you to reassign executors and beneficiaries according to your updated preferences. Reviewing Trusts Trusts are common estate planning tools that also require careful review after divorce. If you have a revocable trust , Ohio law typically removes your ex-spouse as a beneficiary. However, irrevocable trusts do not change automatically—meaning your ex-spouse may still be entitled to benefits unless you restructure the trust. To avoid unintended outcomes, it is essential to review all trust agreements with an experienced estate planning attorney who can help modify or create new trusts as needed. Updating Beneficiary Designations Not all assets pass through a will or trust. Many financial accounts, including life insurance policies, retirement accounts, and payable-on-death (POD) bank accounts , are distributed based on beneficiary designations. A divorce does not automatically revoke these designations in Ohio, so if your ex-spouse remains listed, they could still receive those assets. To prevent this, update all beneficiary designations through your financial institutions, workplace benefits, and insurance providers. Naming a Legal Guardian for Minor Children If you have minor children, your estate plan should name a legal guardian in case something happens to you. While custody typically goes to the surviving parent, you should name a backup guardian in case your ex-spouse predeceases you or is deemed unfit. Working with an attorney ensures these plans align with Ohio law and your family's best interests. Take Action Today Failing to update your estate plan after divorce can lead to unintended consequences, including assets going to the wrong individuals or disputes among family members. At Hoover Kacyon, LLC, we guide residents of Akron, Fairlawn, and Cuyahoga Falls, Ohio, through this process, ensuring their estate plan reflects their new circumstances and protects their loved ones. If you are recently divorced or in the process of divorcing, schedule a consultation with our estate planning team today. Let us help you secure your future with confidence. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon March 21, 2025
Parents are often thrilled when their children marry, welcoming new family members with the hope of a lifelong union. However, as reality shows, marriages don’t always last. While you can’t shield your children from the emotional toll of divorce, you can take steps to ensure their inheritance remains protected. Including asset protection in your estate planning can prevent an ex-spouse from claiming part of your child’s inheritance in a divorce. How Ohio Law Treats Inheritance in Divorce Ohio follows an “equitable distribution” system, meaning marital property is divided fairly—but not necessarily equally—during a divorce . While assets inherited by one spouse are generally considered separate property, they can easily become marital property if commingled. For instance, if your child inherits money and deposits it into a joint bank account with their spouse, it can lose its status as separate property. Similarly, if an inherited home is jointly improved or used as the couple’s residence, its increased value may be considered marital property. Once separate property becomes marital property, it typically cannot be reversed. Strategies to Protect an Inheritance from Divorce To safeguard your child’s inheritance, consider the following options: 1. Establishing a Trust A well-structured trust is one of the best ways to protect an inheritance. Two primary options exist: Revocable Trust – Allows flexibility while the grantor is alive, ensuring assets are managed and distributed according to predetermined terms. Since the trust, not the child, owns the assets, they are protected from becoming marital property. Irrevocable Trust – Provides stronger protection by preventing the assets from being reclaimed by the grantor. This step ensures the inheritance is shielded not only from divorce but also from creditors and legal claims. 2. Using a Limited Liability Company (LLC) For inheritances involving family businesses, farms, or valuable property, an LLC can be an effective tool. By structuring ownership through an LLC, assets remain separate and protected, preventing them from being subject to division in a divorce. Secure Your Family’s Future The unfortunate reality is that nearly half of marriages end in divorce. By taking proactive steps now, you can help ensure that your child’s inheritance remains protected for future generations. Consulting with an experienced estate planning attorney at Hoover Kacyon LLC can provide peace of mind and legal strategies tailored to your family's needs. Contact Hoover Kacyon LLC today to discuss safeguarding your child’s inheritance and securing your legacy. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon March 10, 2025
Divorce can be a complex and stressful process for business owners who have dedicated time and effort to building their companies. The division of assets, spousal support, and financial impact can be overwhelming. At Hoover Kacyon, LLC, we understand these challenges and are here to help protect your interests and future. Is Your Business Marital Property? A key concern is whether a business is considered marital property. In Ohio, assets acquired during marriage are typically subject to equitable distribution. If you established your business before marriage, its original value may remain separate property. However, any increase in value during the marriage could be considered marital property, especially if marital funds or joint efforts contributed to its growth. Protecting Your Business During Divorce Here are strategies to safeguard your business: Control Business Growth – Consider slowing major expansions if divorce is imminent, as increased business value may be subject to division. Trust Legal Guidance – A skilled attorney can handle negotiations and protect your business assets while you focus on operations. Distinguish Separate vs. Marital Property – Keeping clear financial records can help clarify which portions of your business are separate property. Negotiate a Buyout – Instead of dividing ownership, offer an equalization payment as a lump sum or structured payment plan to retain full control. The Role of Prenuptial and Postnuptial Agreements A prenuptial or postnuptial agreement is one of the best ways to protect a business from future claims. Prenuptial Agreement – Created before marriage, it defines how to handle business assets in a divorce. Postnuptial Agreement – Established after marriage, it outlines asset division. However, courts may scrutinize postnups if you’re already considering divorce. Avoiding Litigation Litigation can be costly and expose business details to public records. Alternative dispute resolution methods, such as mediation or negotiation, can maintain privacy and lead to fair settlements. Negotiating a division of other marital assets—such as real estate or investments—may allow you to retain full business ownership without court intervention. How Hoover Kacyon, LLC Can Help At Hoover Kacyon, LLC, we understand the unique challenges business owners face during divorce. Our legal team specializes in asset protection, negotiations, and crafting agreements that safeguard business interests. If you are a business owner facing divorce, schedule a consultation with Hoover Kacyon, LLC today to protect your business, financial stability, and future. No matter how complicated your divorce might be, the Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon February 27, 2025
Starting a business is an exciting yet complex endeavor. While the financial aspects of entrepreneurship often take center stage, legal planning is just as crucial. Making informed legal decisions early on can help prevent complications and set the stage for long-term success. Whether you're launching a small startup or a growing enterprise, understanding the legal requirements for business formation is key. Choosing the Right Business Structure Selecting the appropriate business entity is one of the first and most important legal steps when starting a business. The options include sole proprietorships, partnerships, limited liability companies (LLCs), and corporations. Each structure comes with its advantages and responsibilities, including tax implications, liability protection, and operational flexibility. A knowledgeable business attorney can help assess your specific needs and guide you in choosing the right entity for your venture. Registering Your Business and Obtaining Licenses In Ohio, businesses must register with the Ohio Secretary of State . Additional licensing and permits may be required at the state or local level, depending on your industry and location. Ensuring compliance with registration and licensing laws from the start can help avoid legal setbacks down the road. Drafting Business Agreements A well-drafted business agreement is essential if you are starting a business with partners. A partnership agreement, operating agreement (for LLCs), or corporate bylaws should outline ownership rights, decision-making processes, profit distribution, and exit strategies. Clear agreements help prevent disputes and provide a framework for resolving conflicts efficiently. Hiring Employees and Employment Law Compliance Bringing employees into your business adds another layer of legal responsibility. You must decide whether to hire employees or engage independent contractors. Proper classification is critical to avoid penalties related to employment taxes and benefits. Additionally, businesses should consider employee handbooks, confidentiality agreements, and workplace policies to protect both the company and its workforce. Protecting Intellectual Property For many businesses, intellectual property (IP) is one of their most valuable assets.Trademarks, copyrights, patents, and trade secrets should be properly safeguarded to maintain competitive advantage. Legal agreements, such as non-disclosure and non-compete contracts, can further help protect proprietary information from misuse. Understanding Zoning and Environmental Regulations Certain industries must comply with zoning laws and environmental regulations. Local zoning laws dictate where businesses can operate, and environmental laws may impose restrictions on waste disposal, emissions, and land use. Ensuring compliance from the outset can prevent costly legal issues and operational disruptions. Securing Business Insurance Business insurance is another crucial component of risk management. Liability insurance, property coverage, and workers' compensation policies can help protect your business from financial losses due to lawsuits, accidents, or unexpected events. Consulting with an attorney can help determine the appropriate coverage for your business’s unique needs. Set Your Business Up for Success Starting a business involves numerous legal considerations that can impact your company’s future. At Hoover Kacyon LLC, we understand entrepreneurs' challenges and are here to provide expert legal guidance. Whether you need help with business formation, contract drafting, employment law, or risk management, our experienced attorneys can support you every step of the way. For personalized legal assistance in starting or growing your business, contact Hoover Kacyon LLC today.
By Hoover Kacyon February 26, 2025
Probate is the legal process of validating a will and ensuring that a deceased individual’s assets are distributed correctly. While some estates may bypass probate through careful planning, many must go through this procedure to settle debts and transfer assets. Given its complexity, executors (or personal representatives) can easily make mistakes that delay proceedings or create legal complications. Below are some common probate pitfalls and how to avoid them. Delaying the Probate Process Losing a loved one is an emotional time, and while grieving is natural, delaying the probate process can cause significant issues. Taxes and debts may accrue penalties and interest, creditors may initiate legal actions, and heirs could grow suspicious of delays. To prevent these problems, executors should familiarize themselves with probate requirements and timelines. For example, in Ohio, an estate inventory should generally be completed and filed within three months of the executor’s appointment. Acting promptly helps keep the process smooth and minimizes potential disputes. Poor Accounting and Record-Keeping Executors must maintain detailed records of all financial transactions related to the estate, including payments to creditors and distributions to heirs. Poor accounting can raise legal concerns and even lead to allegations of misconduct. To avoid complications: Keep a dedicated estate ledger separate from personal finances. Retain receipts and records of all transactions, no matter how small. Record each transaction individually instead of combining multiple payments into a single entry. Regularly review asset values, including stock statements and real estate assessments. Failing to Communicate with Beneficiaries Lack of communication can lead to frustration and suspicion among beneficiaries. Some may even suspect the executor of mishandling estate assets. Keeping beneficiaries informed fosters trust and transparency. Executors should: Provide regular updates via phone or email, even with no significant changes. Maintain records of all communications with beneficiaries. Address questions and concerns promptly. Seek legal assistance if communication becomes contentious. Distributing Assets Too Soon Beneficiaries may pressure the executor to distribute assets quickly, but doing so before settling all debts can create significant legal liability. Creditors generally have up to a year to file claims, and if an executor prematurely distributes funds, they may be held responsible for unpaid debts. To mitigate risks, executors should: Prioritize debt payments before distributions. Ensure all creditor claims are properly addressed before finalizing asset transfers. Consult an attorney to navigate complex estate matters. Not Seeking Legal Assistance Even seemingly straightforward estates can become complicated due to unexpected claims, tax considerations, or beneficiary disputes. Retaining an experienced probate attorney can help executors fulfill their duties correctly and avoid costly mistakes. A knowledgeable probate attorney provides guidance on legal requirements, ensures compliance with state laws, and helps resolve conflicts efficiently. If you’re serving as an executor and need assistance, the legal team at Hoover Kacyon LLC is here to help. Contact us today to navigate the probate process with confidence.
By Hoover Kacyon February 4, 2025
Remarrying after a divorce can feel like a fresh start and an opportunity to build a lasting partnership. However, Census statistics show that second marriages have a higher rate of failure than first marriages, making it essential to approach this new chapter with awareness and preparation. For those planning to remarry in Ohio, understanding the legal and personal implications can help set the foundation for a successful union. Unique Challenges of Second Marriages Couples entering a second marriage often face hurdles not present in first marriages. Some of these challenges include: Lingering emotions like resentment or anger toward a former spouse. Balancing greater financial and personal independence. Managing financial obligations, including child support or alimony. Blending families and navigating relationships with stepchildren. Adjusting to changes in social networks and family dynamics. Steps to Consider Before Remarrying To increase the likelihood of a successful second marriage, thoughtful planning is crucial. Key steps include: Understanding Past Mistakes: Reflect on the reasons your first marriage ended. Identify patterns or behaviors to avoid repeating in your new relationship. Discussing Family Dynamics: Blending families can be challenging. Open communication with your children and your new partner about expectations and concerns is essential for building trust and harmony. Reviewing Financial Implications: Second marriages often involve complex financial considerations, including: Alimony : Remarriage typically terminates alimony payments. Notify your former spouse promptly, as required by your divorce agreement. Household Finances : Discuss shared expenses and financial responsibilities to avoid conflict later. Life and Health Insurance : Update beneficiaries and ensure compliance with previous agreements before making changes. Considering a Prenuptial Agreement : Protect your premarital assets and plan for your children’s inheritance with a prenuptial agreement. This precaution is especially valuable if there are significant financial disparities between you and your partner. Emotional Readiness: Before remarrying, take the time to heal and address any unresolved emotions. Counseling can help you process lingering feelings and prepare you for a healthy relationship. Setting Yourself Up for Success While challenges exist, second marriages can thrive with open communication, mutual respect, and a shared commitment to resolving issues as they arise. Building trust with your partner and stepchildren and prioritizing the relationship can help create a strong foundation for your new family. Contact Hoover Kacyon, LLC If you’re planning to remarry and have concerns about the legal implications, the experienced family law attorneys at Hoover Kacyon, LLC can help. We provide guidance on prenuptial agreements, financial planning, and family dynamics to ensure you’re fully prepared for this new chapter. The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Contact us today to schedule a consultation and receive personalized advice tailored to your unique situation. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon January 15, 2025
When you’ve built a successful business, safeguarding it is crucial—especially within the context of marriage. While no one enters marriage expecting a divorce, planning for potential outcomes can protect both your livelihood and your peace of mind. Several proactive strategies can help you secure your business interests, such as prenuptial agreements, postnuptial agreements, and buy/sell agreements. Prenuptial Agreements A prenuptial agreement is a powerful tool for ensuring your business remains protected in the event of divorce. This legally binding document entered into before marriage, allows both parties to agree on how to divide assets if the marriage ends. Specifically, you can designate whether your business qualifies as marital property. By excluding the business from marital property, you protect it from being subject to division. Prenuptial agreements are widely recognized and often provide the strongest protection for business owners. Postnuptial Agreements If you’re already married and haven’t established a prenuptial agreement, a postnuptial agreement offers an alternative. These agreements serve a similar purpose, allowing you to outline how to treat business assets in case of divorce. However, postnuptial agreements can be more challenging to enforce than prenuptial agreements, as courts may scrutinize them more closely to ensure fairness. Still, they can be an effective safeguard when drafted with the help of an experienced attorney. Buy/Sell Agreements For those who co-own a business, a buy/sell agreement can provide additional protection. This type of agreement determines how a spouse’s interest in the business will be valued and handled during a divorce. It can specify a cash award for the spouse’s share while ensuring that the business remains operational under your control. Buy/sell agreements not only protect your business but also provide clarity and stability during potentially turbulent times. Taking Action to Secure Your Business Proactively addressing the “what ifs” with legal agreements allows you to focus on growing your business without worrying about unforeseen complications. Consulting an attorney to create tailored agreements can ensure your business interests are thoroughly protected, no matter what the future holds. At Hoover Kacyon, LLC, we understand the importance of safeguarding your hard-earned business. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Contact us today to discuss your options and take the first step toward protecting your financial future. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon January 7, 2025
Between 2019 and 2024, the Ohio State Highway Patrol made 101,809 arrests for operating a vehicle while impaired (OVI), with approximately 30% involving repeat offenders. Ohio's laws impose strict penalties on impaired driving, particularly for repeat offenses. Understanding the potential consequences and legal options is crucial when facing an OVI charge. What Constitutes OVI in Ohio? Ohio Revised Code Section 4511.19 outlines OVI laws, which prohibit operating any vehicle, streetcar, or trackless trolley under these conditions: Being under the influence of alcohol, drugs, or their combination Having a blood alcohol concentration (BAC) of 0.08% or higher Exceeding legal limits of controlled substances like cocaine, marijuana, or heroin Even if your substance levels fall within legal thresholds, you can still be charged if the impairment is evident. Immediate Consequences of an OVI Arrest Law enforcement may suspend your license immediately if chemical testing confirms you are over the legal limit. This administrative suspension begins immediately and ranges from 90 days to five years, depending on prior offenses. Refusal to submit to chemical testing under Ohio's implied consent laws also results in immediate suspension, lasting one to five years. Criminal Penalties for OVI Convictions Penalties depend on prior convictions, BAC levels, and compliance with testing. First Offense Jail: 3 days to 6 months Fines: $375 to $1,075 License Suspension: 1 to 3 years Second Offense Jail: 10 days to 6 months Fines: $525 to $1,625 License Suspension: 1 to 7 years Third Offense Jail: 30 days to 1 year Fines: $850 to $2,750 License Suspension: 2 to 12 years Subsequent offenses may lead to felony charges with harsher penalties. Defending Against OVI Charges An OVI conviction requires proof beyond a reasonable doubt. If evidence was collected improperly or your constitutional rights were violated, it might be possible to suppress it. Another potential strategy is negotiating plea agreements for reduced charges, though Ohio does not offer pre-trial diversion programs for OVI cases. Seek Legal Assistance Ohio's stringent OVI laws necessitate having an experienced advocate on your side. A skilled attorney can help navigate the legal system, protect your rights, and minimize penalties. If you're facing OVI charges, contact a lawyer promptly to discuss your case and legal strategy. If you need representation and someone to guide you through the OVI process to get the best possible outcome, contact the attorneys at Hoover Kacyon, LLC. The Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon November 27, 2024
A DUI (driving under the influence) conviction carries severe consequences, including potential jail time, license suspension, and substantial fines. Beyond these penalties, a DUI conviction may also complicate divorce proceedings, influencing property division and child custody outcomes. If you or your spouse face DUI charges during a divorce , it’s critical to consult with an experienced attorney, like those at Hoover Kacyon, LLC, to understand your options and protect your interests. DUI and Its Impact on Divorce In Ohio, the repercussions of a DUI can extend beyond the criminal court and into family law matters. A conviction can negatively influence property division during divorce proceedings. Courts aim for an equitable division of marital assets, but a DUI-related financial strain—such as fines, legal fees, and court costs—may leave fewer resources available for negotiation. Child custody is another area where a DUI conviction can have significant implications. If one parent has been convicted of drunk driving, the other parent’s attorney may use this to argue against awarding custody. Courts in Ohio prioritize the child’s best interests, and a history of impaired judgment or dangerous behavior, such as DUI, can weigh heavily in custody decisions. A conviction may result in reduced parenting time or loss of decision-making authority for the child’s welfare, including education and medical care. Understanding DUI Laws in Ohio In Ohio, DUI laws (often referred to as OVI or operating a vehicle under the influence) impose penalties based on factors like blood alcohol concentration (BAC) and prior offenses. Depending on the circumstances, a DUI may be charged as a misdemeanor or a felony. A conviction can lead to a license suspension, which may hinder your ability to fulfill parenting responsibilities or meet employment obligations. How Hoover Kacyon, LLC, Can Help Divorce proceedings are complex, and the added element of a DUI can make the process even more challenging. The skilled family law attorneys at Hoover Kacyon, LLC are here to help. Our team provides personalized legal guidance tailored to your unique circumstances, ensuring you understand how a DUI could affect your divorce. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Contact Hoover Kacyon, LLC today at 330-922-4491 to schedule a consultation and take the first step toward protecting your rights and future.
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By Hoover Kacyon February 5, 2023
Facing a felony of any kind is a serious matter. A felony conviction can bring prison time, fines, and penalties long after you serve your sentence. Starting off strong in your case will give you the best chance at avoiding harsh consequences. Follow these steps if you are charged with a felony: Remain Silent: Deciding to invoke your fifth amendment and kindly refusing to answer any questions without a lawyer present will prevent you from incriminating yourself. Stay Calm and Polite: Remind yourself to cooperate and be nice even if wrongfully arrested or are met with aggression. Any resistance or anger may only make you look guilty or result in additional charges. Contact Attorney: The single most important decision you will make when facing felony charges is calling an attorney to get a professional looking at all the legal aspects for your best possible outcome. Know Your Offense: Familiarize yourself with the crime and potential punishment associated with what you may be facing so you understand the gravity of the situation. No Posting Bail: Speak with your attorney before a loved one posts bail so there’s time to evaluate the charges, and see if the bail should be lowered, or if you should be released without bail. Having the proper guidance from a criminal defense attorney will likely save you time, effort, and money. Be Honest: Honesty is the best policy when relaying information to your attorney (it is confidential). The more details they know, the better equipped they will be to defend you and the more prepared they can be to provide you with the best possible results. Avoid Talking to Family/Friends: Confidentiality rules do not extend to friends and family, so talking about the case with them should be strictly off-limits until after the case has concluded. Write Your Version: As soon after the incident as you can, write down everything you remember of the event while it is still fresh in your mind and you can recall more accurate details. List Witnesses: Not only do you want a list of anyone who may have seen the crime take place, but you also want to write contact information and names of anyone who could testify on your behalf as a show of your good character. Attend Court: Make a calendar and set alarms so you don’t forget the dates and times; failure in court does not reflect well and can result in a warrant for your arrest. If you are facing felony charges, Hoover Kacyon, LLC has attorneys ready to get you the best possible outcome. The Hoover Kacyon, LLC. lawyers are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon January 25, 2023
Even though the medical marijuana program was to be fully operational by September 2018, sales didn’t begin until the start of 2019 due to regulatory red tape. This red tape has made permissions and ramifications unclear. Here are the pieces you need to know about medical marijuana laws in Ohio. Qualifying Conditions Patients who are prescribed medical cannabis by a doctor to treat one, or more, of 21 qualifying conditions are the only ones allowed to use medical marijuana. The 21 conditions include cancer, PTSD, traumatic brain injury, chronic or severe pain, CTE, Parkinson's, Alzheimer's, HIV / AIDS, amyotrophic lateral sclerosis, Crohn’s disease, epilepsy/seizure disorder, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, sickle cell anemia, spinal cord disease or injury, Tourette’s, and ulcerative colitis... Approved Doctor Prescriptions State Board of Ohio-approved doctors only can recommend medical cannabis. The requirements by law for them to recommend use are having a patient-doctor relationship, reviewing patients’ past month of prescriptions, and discussing the risks and benefits of treating their conditions with marijuana. Required Registration To purchase, possess, and use medical marijuana, patients and caregivers must be registered with the State Board of Pharmacy. Registered patients and caregivers will receive registry cards and photo IDs that are valid for one year and are mandatory to have to buy marijuana at a licensed dispensary in Ohio. Number Details A 90-day supply is permitted for patients and caregivers to possess. If a patient purchases a 30-day supply on their initial trip, then the subsequent trip will be limited to a 60-day supply until 90 days after their first purchase. Products and Use Ohio state law permits the use of vaporized medicinal cannabis. The first dispensaries sold only dried “flowers” or buds which must be vaporized. No open-flame smoking is technically legal. While Ohio’s medical marijuana program is still in its “start-up phase” with many areas and issues to address, medical cannabis is being sold across the state. If you find yourself in a quandary, reach out to Hoover Kacyon, LLC to help guide you through. The Hoover Kacyon, LLC. lawyers are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon January 10, 2023
When it comes to domestic violence, you often see stalking in addition to the offense. One partner will relentlessly call, show up at places of employment or public outings, or wait outside living quarters. The threatening behavior is the focal point rather than the method used to stalk. Let’s discuss what constitutes stalking; it’s defined as a behavioral pattern intended to cause a victim fear or apprehension. Stalking may include the following: Harassing or threatening persistent behavior (e.g., phone calls or texts) Following/shadowing an individual Turn up at an individual’s home or workplace Property vandalism Other behavior/activity that makes an individual fear for their safety Three common forms of stalking include: Erotomania: A delusional obsession with someone out of the stalker’s reach, like a public figure. Love Obsessional: Usually involving a stranger, the stalker follows someone they think they are in love with delusionally. Simple Obsessional: The offender stalks someone they have a prior or existing personal or romantic relationship. As it generally involves a spouse, ex, lover, boyfriend, or girlfriend, domestic violence stalking would fit into this last category. However, states differ in their stalking laws. To discern whether or not stalking is a form of domestic violence, you must familiarize yourself with local law. Ohio includes a “menacing by stalking” law which is when an individual knowingly engages in a pattern of conduct that causes you to believe that they will cause you physical harm or mental distress. Know your rights and protections through the legal system, or hire the support you need to navigate your case. If you find yourself with questions, the attorneys at Hoover Kacyon are ready to help you. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon January 2, 2023
It’s easy to confuse burglary and robbery as the same crime. However, there’s a major difference in penalties if convicted of one or the other. Hiring a professional defense attorney who understands the nuances will help you get the best possible outcome when facing a burglary or robbery crime. Here are some of the main differences to help you discern a burglary from a robbery: Burglary A burglary involves property. While it doesn’t require stolen items, intent must be proven. It’s an attempted or forced entry into a building with the intent of committing a crime. Theft is not always included in the crime, but illegal entry into a structure with the intent to commit a crime is the deciding factor for a burglary. Walking through an unlocked door may not constitute a forced entry. Allowing your defense lawyer to look through evidence and decide how to proceed may be the best course of action. Robbery A robbery involves a violent crime against a person. It’s attempting to take something of value from someone by the threat of force or violence which also caused the person to be afraid. Two vital components of robbery are the stolen item’s value and the victim’s level of injury. Charges of either grand theft or petty theft is determined by the value of what is taken. When an experienced attorney presents favorable evidence on your behalf, the results will likely be much better for you. Penalties Both crimes bring a possibility of imprisonment and fines. The degree to which you are convicted determines the amount of each. According to findlaw.com, any conviction of burglary in Ohio can result in the following: First-degree felony: 3 to 11 years in prison and fines not exceeding $20,000. Second-degree felony: 2 to 8 years in prison and fines not exceeding $15,000. Third-degree felony: 9, 12, 18, 24, 30, or 36 months in prison* and fines not exceeding$10,000. Fourth degree felony: 6 to 18 months in prison and fines not exceeding $5,000. Fifth degree felony: 6 to 12 months in prison and fines not exceeding $2,500. On the other hand, a conviction of robbery in Ohio may result in any of these punishments: First degree felony: prison term of 3 to 11 years and fines not exceeding $20,000. Second degree felony: prison term of 2 to 8 years and fines not exceeding $15,000. Third degree felony: prison term of 9, 12, 18, 24, 30, or 36 months and fines not exceeding $10,000. You want a professional attorney to assure you get the best possible outcome in your case. If you or someone you know has been charged with a criminal burglary or robbery offense, the lawyers at Hoover Kacyon, LLC are both knowledgeable and able to assist you. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment. ** https://www.findlaw.com/state/ohio-law/ohio-burglary-laws.html ** https://www.findlaw.com/state/ohio-law/ohio-robbery-laws.html
By Hoover Kacyon December 6, 2022
In today’s world, with the development of online Google reviews, social media, and even sites like LinkedIn, choosing a good criminal defense attorney has become much easier than before. However, it is still important for you to select a criminal defense attorney that is right for you. Consulting with several attorneys is imperative to receiving the defense you want and deserve. Generally speaking, a good criminal defense attorney will be: Sympathetic and compassionate: Being charged with a crime can be devastating and life change for many people. A good attorney will make you feel at ease and listen carefully to your side of the story. Prepared: A knowledgeable attorney will be able to tell you upfront what you can expect during proceedings as well as possible outcomes and further actions. Respect your privacy: All information you disclose is legally confidential. Your attorney should respect your right to attorney-client privilege. Be up-to-date on current laws that affect your case: Continued education is imperative for a good defense attorney. Laws can change often, and you want an attorney knowledgeable about the most recent legislation that could affect the outcome of your case. Be able to negotiate: You will want an attorney who is reasonable and makes every effort to ensure you receive a fair and just outcome. An overly aggressive attorney may be impossible for others to collaborate with them effectively. On the flip side, an attorney who is too passive may not be working hard enough for the most favorable outcome. Working with an experienced attorney can mean the difference between a dismissal and a criminal record. It can mean the difference between jail time, probation, and fines or freedom. Be sure you choose an attorney who you feel comfortable with and trust. Having a good working relationship with your lawyer can greatly affect the outcome of your case. If you or someone you know has been charged with a criminal offense, the lawyers at Hoover Kacyon, LLC are both knowledgeable and able to assist you. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon November 17, 2022
Most people can safely drive or operate machinery when taking over-the-counter or prescribed medications. However, some medicine (and even some supplements) can affect your ability to drive or operate machinery safely. If you are driving while impaired, you are putting yourself and others at risk. In Ohio, a DUI falls under statute 4511.19 | Operating a vehicle under the influence of drugs or alcohol (OVI), and that includes any medications, whether legally prescribed by a doctor or not. You should read all medication labels carefully. Be cautious when taking medications with side effects that include: sleepiness blurred vision dizziness slowed movement fainting inability to focus or pay attention nausea These side effects make it dangerous for you to be on the road. Everyone is different, and medications can cause various side effects for different people. Taking multiple medications may cause interactions that taking a single medication may not cause when taken alone. You should avoid operating a vehicle or machinery until you know what side effects a particular medicine or combination of medications may cause. If you have questions, talk to your doctor or pharmacist. A DUI/OVI is a serious offense. A conviction can result in the suspension of your license. You can be sentenced to fines or even jail time. Your employment and ability to obtain insurance may be affected. When possible, find alternative options for transportation or utilize delivery services. If you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area, contact our office to schedule an initial consultation. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution for your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form.
By Hoover Kacyon October 28, 2022
Being scared, nervous, or stressed is not uncommon if you’ve just been pulled over for a DUI/OVI. Your mind may be racing, and you want to be compliant, but in doing so, you may be doing yourself a disservice. Knowing your rights and what you should and shouldn’t do is essential before facing this situation. In Ohio, a DUI is called an OVI (Operating a Vehicle Under the Influence). An OVI arrest begins with a law enforcement officer's initial traffic stop or another initial contact. The officer will immediately begin observation to determine if there is suspicion of intoxication, including: assessing your physical appearance engaging in conversation to evaluate your speech identifying other behavioral information such as where you are coming from and if you have been drinking It is important to remember you have the right to, and should, remain silent. You are not required to answer any questions, with the exception of providing your name and identification to the officer. An investigation by the officer begins with initial contact, but if you are asked to perform a series of roadside tests, you are officially being investigated for a DUI. Again, it is essential to comply with the officer’s request to step outside the vehicle, but it is within your rights to refuse any field sobriety test, including a breathalyzer. There are reasons to decline the breath alcohol test. The roadside test administered with a portable breath test (PBT) is frequently unreliable. As such, it is not admissible in court. Refusing any testing prevents law enforcement from gathering additional evidence that could be used against you during court proceedings. However, refusing a breath test will result in a mandatory administrative license suspension (usually one year) from the BMV. It is also very likely that you will be arrested for Suspicion of DUI/OVI. If you have been arrested, you should continue to exercise your right to remain silent and contact an attorney as soon as possible. A DUI conviction on your record can have an enduring negative impact on your life. It could result in jail time, fines, or the loss of your job. Contact our office to schedule an initial consultation if you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution for your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form .
By Hoover Kacyon October 5, 2022
Most of us, at some time in our lives, will interact with law enforcement. In a stressful situation, people can react in ways they normally wouldn’t. Simply engaging with a law enforcement officer can be anxiety-inducing for some people. Therefore it’s important to know your rights before finding yourself in a situation where contact with law enforcement is inevitable. Knowing your rights can help you remain calm and possibly prevent the situation from escalating. You have the right to remain silent. In any situation where you have been contacted by law enforcement, you are not required to answer any questions, with the exception of providing your name and identification to an officer. However, If you choose to answer questions, you should not lie or give false information. You have the right to refuse consent to search of your person or belongings. Whether you have been pulled over or the police have come to your door, you are not obligated to give consent for them to enter your home or your vehicle. They may perform a pat-down if they suspect you are concealing a weapon. It is important to keep in mind that you or your vehicle may still be searched against your objections, and you should not interfere with a search. However, stating your objection may help preserve your rights in any further legal proceedings. Your rights If you are arrested, you have the right to speak with an attorney, either court-appointed or hired privately. If you believe your rights have been violated, you should immediately write down what details you can remember and document any evidence of injury. You may consider filing a complaint with the agency’s oversight division or consult with an attorney to determine what further action to take. If you witness police abuse or brutality, you should stand at a safe distance from the situation. Record the interaction with your phone. Remember that law enforcement may not ask you to stop recording, may not confiscate your phone, and may not remove photos or video from your phone without your authorization. If your encounter with law enforcement results in your arrest or if you feel an encounter violates your rights, contact the lawyers at Hoover Kacyon, LLC. We are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Getting the best possible outcome is our goal.
By Hoover Kacyon August 18, 2022
You may not always be sure when you need to consult with a criminal defense attorney or a personal injury lawyer. Criminal defense attorneys defend those who have been accused of a crime. Whereas a personal injury attorney will handle cases that involve injury, most often from accidents. Every person charged with a crime is entitled to a defense attorney. You can elect to hire a private criminal defense attorney or request that the court appoints you one. The responsibilities of a criminal defense attorney are to: Interview their client Investigate their client’s case Examine the evidence of the case Discuss plea bargain options with the prosecutor Prepare for trial Represent their client at trial Handle sentencing negotiations if their client is convicted Personal injury, on the other hand, is a civil matter and requires you to hire a private attorney. Often, personal injury attorneys are hired when you’ve been in an accident resulting from someone else’s actions or negligence. A personal injury represents their client in a lawsuit again another party. The responsibilities of a personal injury attorney include: Interview their client Investigate their client’s case Examine the evidence of the case Negotiate with insurance companies Prepare for trial Represent their client at trial Whether you’ve sustained an injury or have been charged with a criminal offense, hiring a knowledgeable attorney is the best way to ensure a favorable outcome for your case. Fortunately, the lawyers at Hoover Kacyon, LLC are both knowledgeable and able to provide you with assistance no matter which type of attorney you need. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon August 3, 2022
If you have been drinking or are impaired in any way, you should not drive. Finding an alternative to getting behind the wheel when you’ve had too much to drink ensures everyone’s safety and is a guaranteed way to prevent a costly DUI on your record. However, if you are pulled over and suspected of driving intoxicated: You should be polite and cooperative. Your behavior matters. Refrain from being argumentative. An officer’s testimony is almost always given more weight in court. You have the right to (and should) refuse a breath test. Breath tests have been proven to give inaccurate results and are sensitive to improper administration. You have the right to politely refuse to take one. You can refuse a field sobriety test. Most people know a breath test is voluntary, but you can also decline an officer’s request to administer a field sobriety test. At all times during your interaction with a police officer, you have the right to remain silent. You are not required to and should not answer questions beyond providing your name and identification to the officer. An officer can (and probably will) arrest you under suspicion of DUI. In this situation, you should not run or resist arrest. Once you have been arrested, an officer will ask you to perform an implied consent test.1 These tests are administered by medically trained professionals and are different than the field tests performed by law enforcement officers. While you may refuse to take this test, doing so can result in the loss of your license for up to a year. You have the right to speak with an attorney, either court-appointed or hired privately. You should contact an attorney right away. You should write down what you remember about your encounter as soon as possible, including names and badge numbers, and document any evidence of injury. You may choose to consult with an attorney to determine further action. Follow the terms of your release from jail while your case is pending. Getting yourself in more trouble will only result in more severe punishment. Accept the consequences of your actions and complete your punishment. A DUI is a serious offense and puts the lives of others in danger. In 2019, nearly one-third of Ohio's fatal accidents were a result of alcohol impairment. Contact our office to schedule an initial consultation if you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution in your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form. 1 ORC Section 4511.191. The statute provides that the driver has implicitly consented to taking a breath test, blood test, or urine test for the purpose of determining the alcoholic content. https://www.responsibility.org/alcohol-statistics/state-map/state/ohio/
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