Legal Question in Criminal Law in Ohio

A friend of mine and I were vividly admiring the artwork of graffiti at a local sports plant. A business that is now long gone, leaving an abandoned building, is known to have alot of high quality, and legendary graffiti tags inside. Knowing that Breaking and entering is very illegal, we had no intention of entering the building. When we walked past the door it was slightly ajar, with something in the door.

We entered the building hoping to see a person, or persons, to ask permission to take photographs of the graffiti. When we entered the building, there was a safe welded to a chair, with the chair welded to the floor. It was also chained to a vehicles transmission on the floor. This safe was literally 3 feet away from the door. There was a rubber flap on the top, and it had a whole in it. Viewing through the hole it was very easy to see money inside of the safe. The safe is activated with a handcuff when one sticks there arm into the hole. So I looked around and found tongs, to so called, fish the money out of the safe. After leaving the building, we are then pulled over by undercover police. Without the door being ajar, and the safe being 3 feet from the door, and having a hole atop, with tongs closely nearby, i would have never committed the act.

Asked on 2/08/10, 11:36 am

1 Answer from Attorneys

Edward DiCato Edward DiCato Attorney at Law

What were you charged with? You may have a case of entrapment. A motion to dismiss should be filed based on the issue of entrapment. Please feel free to contacct me if you have further questions. Edward DiCato

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Answered on 2/13/10, 12:17 pm

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