Vinton County, Ohio – Improper Use of a Firearm, Fifth Degree Felony

Charge: Improper Use of a Firearm, Fifth Degree Felony (maximum 12 months in jail and $2,500 fine), and Using Weapons While Intoxicated, First Degree Misdemeanor (maximum 18 days in jail and $1,000.00 fine).

Facts: Client was seen sitting in his vehicle outside of a bar using his cell phone to contact a friend. A police officer approached the client’s vehicle and conducted a warrantless search of the vehicle. During the search of the vehicle, the officer found a loaded handgun that was allegedly being improperly stored in Defendant’s vehicle.

Result: The assistant prosecutor initially refused to offer a deal, indicating that he intended to take the case to the grand jury in order to indict Client for a felony offense. The case was subsequently presented to the grand jury, which failed to indict Client for a felony offense. Afterward, I convinced the assistant prosecutor that I would be successful in suppressing the State’s evidence as a result of the unconstitutional search of Client’s vehicle. The State subsequently dismissed the charges against Client.