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Shaken Baby Allegations

4/9/2019

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What Is Shaken Baby Syndrome (Sbs)?

Shaken baby syndrome (SBS) is a medical term that encompasses a variety of brain injuries that occur when a baby or young child is vigorously shaken. When a baby is shaken, the brain moves within the skull, which results in swelling, bruising, and bleeding.
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The damage caused by SBS can potentially result in:
  • deafness,
  • blindness,
  • cerebral palsy,
  • poor coordination,
  • epilepsy,
  • learning problems,
  • behavioral problems,
  • and death
Deaths and injuries related to SBS can be avoided by helping adult caregivers practice methods to soothe crying babies and learn how to securely relieve the stress of caring for them.
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PROVING SHAKEN BABY SYNDROME CASES
Since there are rarely witnesses to a violent shaking, shaken baby cases are often difficult to prove in court and rely on analyses of the injuries and recreations of what occurred. Moreover, the individual who is usually charged is the person who was caring for the child when the symptoms first became apparent. Biomechanical engineering and medical research also recently concluded that it may not be possible for a baby’s brain to sustain damage from shaking if the head did not impact against a hard object.

Since scientists do not know everything about the brain, it is crucial to hire an expert in this field if you are facing charges in a shaken baby case. A scientist or doctor who can provide a testimony on your behalf that is based on science rather than conjecture is crucial to defending yourself against these allegations.

SPEAK TO AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY ABOUT YOUR SHAKEN BABY CASE!
If you are facing charges in a shaken baby case, it is essential to hire a knowledgeable criminal defense attorney to represent your case and protect your future. At the Law Office of Lorin Zaner, our skilled attorney has more than 40 years of experience and is backed by a history of successful results in defending clients against shaken baby allegations. You can rely on our attorney to provide the personalized attention and strategies you need to ensure the best possible outcome for your case.
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Reach out to our law office today at (419) 741-4050 to set up a free initial case evaluation with our experienced criminal defense attorney to get started.
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How To Handle False Allegations

9/25/2017

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There are many instances when law enforcement arrests the wrong person, or an innocent defendant gets convicted in court. While it can be difficult imagining that type of situation happening to you, anybody could be falsely charged with a crime they didn’t commit.

It is imperative to take the following steps to guard against any type of crime and penalties:
  • Do not say anything. Remember, you have the right to remain silent and anything you say can and will be used against you. Do not try to explain your innocence to police and tell “your side of the story” to anyone else.
  • Contact a lawyer. The only person you should definitely speak with is a criminal defense attorney. Your conversations with your lawyer are protected under attorney-client privilege. Your attorney can deal with the accuser’s treats, protect you from incriminating yourself, determine if charges have actually been filed, and negotiate with prosecutors.
  • Document your case. Writing down as many details as possible about your case provides ample help to you and your lawyer Keep track of any events or information related to the false accusations.
  • Compile a list of potential witnesses. As soon as you make a list of possible witnesses, your attorney can decide which ones will most strongly bolster your case.
  • Sue for defamation. Since a false accusation can ruin your personal and professional reputation, you may have a claim for defamation. You need to demonstrate that the other party harmed your reputation and caused you damages.

If you’ve been falsely accused in Ohio, contact our Toledo criminal defense attorney at the Law Office of Lorin J. Zaner and request a free consultation today.
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What Crimes Require Sex Offender Registration?

8/25/2017

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In addition to prison time and fines, those who are convicted of sex crimes in Ohio are typically subject to sex offender registration. In 2017, there are approximately 20,000 people on the sexual registry in the state.

There are three tiers of classification for sex offenders. The most serious sex crimes are classified under “Tier 3” registration, punishable by a lifetime registry every 90 days. The lowest classification is “Tier 3” registration, which requires an annual resignation for 15 years. In some circumstances, however, registration can be shortened to 10 years.

The following are the three tiers of sex offender classifications in Ohio:

Tier 3 – Lifetime registration every 90 days
  1. Rape
  2. Sexual battery
  3. Murder and aggravated homicide with sexual motivation
  4. Kidnapping of minor to engage in sexual activity
  5. Kidnapping of minor, but not by parent
  6. Unlawful death or termination upon committing or attempting to commit a felony with sexual motivation
  7. Felony assault with sexual motivation
  8. Any sex crime which occurs after the offender is classified as a Tier 2 or Tier 3 offender

Tier 2 – Registration every 180 days for 25 years
  1. Pandering obscenity involving a minor
  2. Pandering sexually oriented material
  3. Illegal use of a minor in nudity-oriented material or performance when offender is at least four years older, or when the offender is less than four years older and has a prior conviction
  4. Compelling prostitution
  5. Child endangering
  6. Gross sexual imposition when victim under 13
  7. Kidnapping with a sexual motivation when victim over 18
  8. Abduction with sexual motivation
  9. Any sexual offense which occurs after the offender has been classified as a Tier 1 offender

Tier 1 – Registration once a year for 15 years
  1. Unlawful, non-consensual sexual conduct with a minor and the offender is less than four years older than the victim
  2. Sexual and gross sexual imposition
  3. Importuning
  4. Voyeurism
  5. Pandering obscenity
  6. Child enticement with sexual motivation
  7. Illegal use of minor in nudity-orient material or performance
  8. Menacing by stalking with sexual motivation
  9. Unlawful restraint with sexual motivation
  10. Child-victim offender not in Tier 2 or Tier 3

​If you are accused of a sex crime, request a free consultation with our Toledo criminal defense lawyers at the Law Office of Lorin J. Zaner today. Get 20+ years of legal experience on your side!
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What to Look for in a Criminal Defense Attorney

7/17/2017

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Whether you were arrested for or charged with a misdemeanor or a felony criminal offense, it is critical to obtain the legal services of a criminal defense attorney. Not only are you facing jail or prison time and fines, but also a permanent mark on your criminal record that may negatively impact your personal and professional reputation. Having a knowledgeable and skillful attorney on your side gives you an opportunity to either get your entire case dismissed or your charges reduced.

When choosing the best candidate for the job, consider the following factors when making your final decision:
  • Experience – The number of years an attorney has been practicing criminal law is significantly important. Ask how much experience the lawyer has defending clients who have been charged with the same crime as you and his or her success rate at trial.
  • Practice areas – Not all criminal defense lawyers are created equal. If you were arrested for a DUI, for example, you would want an attorney who specializes in successfully handling drunk driving cases.
  • Local reputation – A local attorney has typically developed close relationships with local law enforcement, judges, and prosecutors, giving you an advantage in the courtroom.
  • Legal team – In some cases, the main lawyer hands off a client’s case to another attorney in the firm. It is imperative to ask who will be primarily responsible for your case and representing you in the courtroom.
  • Costs – You need to know how much you will be paying for your case ahead of time to avoid future disputes. Lawyers either charge an hourly fee or a flat rate.
If you were arrested for a crime in Ohio, contact our Toledo legal team at the Law Office of Lorin J. Zaner today and request a free consultation today. Get more than 20 years of experience on your side!
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Defenses Against Child Abuse

6/6/2017

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If you are accused of child abuse, defending yourself can be extremely difficult—especially if the testimony of a child is involved. In addition to your negative portrayal in the community and the media, it may seem impossible to overcome the detrimental nature of child abuse allegations. Fortunately, an experienced criminal defense attorney can build a solid defense strategy and help cast doubt on the prosecutor’s case.

The following are common defenses to child abuse charges:
  • False allegations of child abuse. False accusations occur quite frequently, especially if they involve a custody battle between the parents or a dysfunctional family.
  • An accident caused the injury to the child. Unless the accident was caused by recklessness or gross negligence, the state of Ohio does not punish accidents. When a child’s injuries are the result of an accident, an individual may raise this as a defense against child abuse charges.
  • The injury was caused by something other than child abuse. Whether a child is involved in a fight with another child or a child has a pre-existing condition that contributes to their own injuries, sometimes parents are falsely accused of child abuse based on situations that are non-accidental.
  • Religious beliefs. Although quite controversial, some states allow parents to escape child abuse charges if they choose to pray for their sick children as opposed to take them to the hospital.
  • Parent’s rights to discipline. As long as it is reasonable and causes no bodily injury, parents are often free to discipline their children in any manner they see fit. But if the injuries of the child are more serious than minor bruising, parents may not apply this defense.
For more information, contact the Law Office of Lorin J. Zaner and request a free consultation with our Toledo criminal defense attorneys today.
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What Criminal Charges are Brought in Shaken Baby Syndrome Cases?

5/16/2017

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Those who are accused of causing shaken baby syndrome on their child or a child they were taking care of in Ohio typically face child endangerment charges. According to the Ohio Revised Code, child endangerment is defined as anyone who is a parent, guardian, or custodian of a minor who is under the age of 18 that creates or poses a significant risk to the health and safety of the child by violating their duty of care, protection, and support.

It is prohibited for anyone to engage in the following criminal actions:
  • Engages in abuse of a child
  • Abuses or tortures a child
  • Inflicts any type of punishment or physical harm that deliberately causes pain for the purpose of discipline
  • Physically restrains the child in a cruel way for a long period of time
  • Consistently administers unwarranted disciplinary measures on a child
  • Operates a vehicle while under the influence of alcohol or drugs while a child is a passenger
  • Involved in a situation that is obscene to child or has sexual implications
The penalties for child abuse are wide-ranging, but they often quite severe with felony classifications for any child abuse convictions involving a large risk to the health or safety of a child and actual physical harm to the child. This means that an offender has the potential to receive a minimum prison of one year to 10 years. Due to the serious nature of child endangerment, this charge could potentially be on a person’s criminal background for the rest of his or her life, making it difficult to keep or find a job, further education, obtain loans, and maintain custody of children.

For more information, contact our Toledo criminal defense attorneys at the Law Office of Lorin J. Zaner today.
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What is the Cause of Shaken Baby Syndrome?

4/20/2017

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Considered a form of child abuse that can result in permanent or fatal brain damage, shaken baby syndrome—also known as abusive head trauma or shaken impact syndrome—is a severe brain injury caused by forcefully shaking an infant or toddler. This type of injury destroys a child’s brain cells and cuts off the circulation of oxygen into his or her brain.

Babies have fragile neck muscles and typically struggle to support their heavy heads. If a baby is forcefully shaken, his or her brain moves back and forth within the skull, causing swelling, bruising, and bleeding. This type of abuse often occurs when a parent or caregiver shakes an infant or toddler severely out of anger or frustration.

Survivors of shaken baby syndrome may require lifelong medical care for conditions including:
  • Cerebral palsy
  • Seizure disorders
  • Complete or partial blindness
  • Hearing loss
  • Developmental and cognitive issues
  • Mental retardation
Only a few seconds of shaking a baby can result in irreversible brain damage. Many children affected by shaken baby syndrome die. For parents and caregivers, factors that may increase the risk of inflicting shaken baby syndrome include young or single parenthood, alcohol or substance abuse, stress, unstable family situations, or unrealistic expectations of babies. Furthermore, men are more likely to inflict shaken baby syndrome compared to women.

If you are charged with child abuse in Ohio, contact our Toledo criminal defense attorneys at the Law Office of Lorin J. Zaner and request a free consultation today.
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Questionable Evidence: Symptoms of Shaken Baby Syndrome

3/25/2017

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A man named Dr. John Caffey is commonly credited with the discovery of shaken baby syndrome. His research and the research and hypotheses of several other doctors became the basis for medical evidence in shaken baby syndrome cases. According to these doctors, the presence of subdural hemorrhage, retinal hemorrhage, and encephalopathy meant that the baby had been shaken [1].

PROBLEMS WITH SHAKEN BABY SYNDROME
In the past few decades, doubts have been cast on the reliability of this hypothesis. Although it is accepted that brain injury and subdural hemorrhaging is caused by impact, it is questioned whether shaking can produce these same results.

Take a look at the following:
  • Subdural Hemorrhage: It was rediscovered that the brain has a mechanism that naturally and non-traumatically leaks blood, called the dura. This means that the bleeding that was previously attributed to trauma could also be explained by leaky blood vessels.
  • Retinal Hemorrhage: Although retinal hemorrhaging was initially considered a “cardinal manifestation of abusive head injury” [2], it has been shown since to be controversial, if not improbable.
  • Encephalopathy: The presence of a certain pattern of brain injury used to lead medical examiners to believe that shaking was the cause of the damage. It has been shown that this damage is more likely to stem from inadequate blood flow rather than from trauma.

ACCUSED? CALL THE LAW OFFICE OF LORIN J. ZANER.
Being accused of injuring your child or a child you were taking care of is a terrifying experience. Although much evidence has come to light in recent years that has cast doubt on what used to immediately lead prosecutors to the conclusion that the infant suffered from shaken baby syndrome, accusations of this form of abuse can land you in serious legal trouble. With a knowledgeable defense attorney on your side, you can rest knowing that your rights are being upheld and that all evidence will be examined from a fair standpoint. With a scientific background, Attorney Lorin Zaner has the experience and knowledge you need to fight for a just outcome on your behalf. He has represented many individuals facing “Shaken Baby Syndrome” charges and has obtained successful results!

Contact the Law Office of Lorin J. Zaner today to learn more about your legal options.

[1] Finnie JW, Manavis J, Blumbergs PC, Diffuse neuronal perikaryal amyloid precursor protein immunoreactivity in an ovine model of non-accidental head injury (the shaken baby syndrome); Journal of Clinical Neuroscience 17 (2010) 237–240 citing American Academy of Pediatrics Committee on Child Abuse and Neglect. Shaken baby syndrome: inflicted cerebral trauma. Pediatrics 1993;92:872–5.

[2] Wyngnanski-Jaffe T, Morad Y, Levin AV, Pathology of retinal hemorrhage in abusive head trauma, Forensic Sci Med Pathol (2009) 5:291–297 DOI 10.1007/s12024-009-9134-4
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