Criminal Case Results From Around Ohio

The purpose of this page is to demonstrate the results of criminal cases I handle for my clients in courts throughout Ohio. I do this in an effort to demonstrate that I am proud of how hard I work on cases for each of my clients and the results I have achieved.

I served as an assistant prosecutor for several years and I know prosecutors have an extremely difficult job and handle a tremendous caseload. As a result, I have the utmost respect for prosecutors and I understand the tremendous amount of stress that comes with that position.

The results below were achieved as a result of both trials, and my negotiations with prosecuting attorneys in courts throughout Ohio.

Charges: Rape (1st degree felony – up to 10 years in prison) Kidnapping (1st degree felony – up to 10 years in prison) & Gross Sexual Imposition (4th degree felony – up top 18 months in prison)

Facts: 20 year old client was charged with multiple allegations of sexual assault after a 20 year old girl accused client of sexually assaulting her in the bathroom of a college Christmas party.

Jury Trial: On August 2, 2010, a 4 day jury trial began in this matter. During the trial, evidence was introduced that the alleged victim had voluntarily gone into the bathroom on separate occasions with several different men, including client. Additionally, both the alleged victim and her friend testified inconsistently at trial, calling into question their credibility. Finally, the forensic evidence introduced at trial did not support the alleged victim’s version of the events.

Verdict: The jury found client NOT GUILTY on the Rape charge and NOT GUILTY on the Kidnapping charge. The jury found client guilty on the charge of Gross Sexual Imposition. As many juries often do, it is assumed that the jury reached a compromised verdict after being unable to reach a unanimous verdict on the Rape and Kidnapping charges.

Nevertheless, the outcome can only be seen a victory for client!

Franklin County, Ohio

Charge: Hit Skip, First Degree Misdemeanor (maximum 180 days in jail and $1,000 fine).

Facts: Client was driving his vehicle on a four lane road in Columbus at approximately 9:00 p.m. when he crashed into the back of a car. The client hit the car so hard that it was pushed forward into two other vehicles. Client’s airbag went off and, as a result, he suffered injuries. Client left the accident scene and walked to a nearby drug store in an effort to obtain items to treat his injuries. Client’s passenger remained at the scene to provide information to police and the drivers of the other vehicles involved in the accident. When Client returned to the accident scene the police and all other drivers were gone. Client was charged with Hit Skip because he left the accident scene.

Result: At the pretrial hearing I was able to negotiate a reduced charge of Reckless Operation. Client received only a fine. Client’s driver’s license was not suspended and he was not placed on probation.

Delaware County, Ohio

Charge: OVI, First Degree Misdemeanor (maximum 180 days in jail and $1,000 fine).

Facts: Client was pulled over for failure to obey a traffic device on U.S. Route 23 in Delaware, Ohio. Client allegedly failed field sobriety tests administered by a Trooper with the Ohio State Highway Patrol. Client was arrested and taken to the Delaware County Jail where he was asked to take a breathalyzer test. Client attempted to comply by submitting to a breathalyzer test. The results of two tests administered by the Trooper yielded a result of “Invalid Sample” by the BAC Datamaster breathalyzer machine. The Trooper accused Client of trying to trick the breathalyzer machine and advised Client that he was going to be charged with an OVI refusal. Client had a prior OVI conviction within the past six years and the charge of OVI refusal stood to enhance Client’s jail penalties.

Result: At the arraignment I was able to successfully negotiate a reduction of the OVI charge to a charge of Physical Control of a Vehicle While Intoxicated. The reduced charge is not a moving violation and, therefore, the client did not get any points on his license from the Bureau of Motor Vehicles (BMV).

Franklin County, Ohio

Charge: Fleeing and Eluding Police, First Degree Misdemeanor (maximum 180 days in jail and $1,000 fine and Mandatory license suspension from 3 years to life with no driving privileges permitted during the first 3 years); and Reckless Operation, Third Degree Misdemeanor (maximum 60 days in jail and $500 fine, and a discretionary license suspension).

Facts: Client was riding his motorcycle on the freeway at a high rate of speed. A law enforcement who was getting onto the freeway saw Client speeding and attempted to catch up with Client and pull him over. The law enforcement officer called for the support of a police helicopter after he was unable to catch Client on his motorcycle. The helicopter unit assisted the law enforcement officer on the ground in catching Client. Client was arrested and charged with fleeing and eluding police and reckless operation. The entire incident was captured on the cruiser audio and video. The law enforcement officer can be heard telling Client that it was suspect as to whether he was actually attempting to run from the police and that it was possible that Client didn’t know the officer was attempting to pull him over.
After viewing the police video I spoke with the assistant prosecutor and attempted to convince the State of Ohio to dismiss the fleeing and eluding charge against Client; however, the State of Ohio was unwilling to do so and the case was set for trial.

Result: The case went to trial. After discussing the matter at length with Client, he decided to waive his right to a jury trial and instead try the case directly to the Judge. Client was facing the possibility of losing his driver’s license for a period of 3 years to life with no privileges permitted if he was convicted of the offense of Fleeing and Eluding. After a trial that lasted several days, the Judge found Client not-guilty of the charge of Fleeing and Eluding and guilty of the charge of Reckless Operation. Client was fined and the Judge suspended his license for only a period of 30 days.

Franklin County, Ohio

Charge: Hit Skip, First Degree Misdemeanor (maximum 180 days in jail and $1,000 fine).

Facts: Client was driving his vehicle on a four lane road in Columbus at approximately 9:00 p.m. when he crashed into the back of a car. The client hit the car so hard that it was pushed forward into two other vehicles. Client’s airbag went off and, as a result, he suffered injuries. Client left the accident scene and walked to a nearby drug store in an effort to obtain items to treat his injuries. Client’s passenger remained at the scene to provide information to police and the drivers of the other vehicles involved in the accident. When Client returned to the accident scene the police and all other drivers were gone. Client was charged with Hit Skip because he left the accident scene.

Result: At the pretrial hearing I was able to negotiate a reduced charge of Reckless Operation. Client received only a fine. Client’s driver’s license was not suspended and he was not placed on probation.

Delaware County, Ohio

Charge: OVI, First Degree Misdemeanor (maximum 180 days in jail and $1,000 fine).

Facts: Client was pulled over for failure to obey a traffic device on U.S. Route 23 in Delaware, Ohio. Client allegedly failed field sobriety tests administered by a Trooper with the Ohio State Highway Patrol. Client was arrested and taken to the Delaware County Jail where he was asked to take a breathalyzer test. Client attempted to comply by submitting to a breathalyzer test. The results of two tests administered by the Trooper yielded a result of “Invalid Sample” by the BAC Datamaster breathalyzer machine. The Trooper accused Client of trying to trick the breathalyzer machine and advised Client that he was going to be charged with an OVI refusal. Client had a prior OVI conviction within the past six years and the charge of OVI refusal stood to enhance Client’s jail penalties.

Result: At the arraignment I was able to successfully negotiate a reduction of the OVI charge to a charge of Physical Control of a Vehicle While Intoxicated. The reduced charge is not a moving violation and, therefore, the client did not get any points on his license from the Bureau of Motor Vehicles (BMV).

Franklin County, Ohio

Charge: Child Endangering, First Degree Misdemeanor (maximum 180 days in jail and $1,000 fine).

Facts: Client was charged with Child Endangering after leaving her 2 year old and 4 year old children alone in the car for five minutes while she went into a store. The two children were strapped in their car seats, the car was running, and the air conditioner was on. Additionally, Client looked away from the vehicle only momentarily as she paid for the item in the store. When Client returned to her car she was confronted by several officers who issued her a citation for Child Endangering.

Client had no prior offenses and wanted to be able to expunge the child endangering charge if she was convicted at trial; however, a conviction for child endangering in Ohio cannot be expunged.

Result: At the pretrial hearing, I was successfully able to negotiate with the Assistant Prosecutor for a plea offer of Attempted Child Endangering in exchange for Client’s change of plea. The charge of Attempted Child Endangering does not preclude expungement and can be expunged if the Prosecutor and Judge are in agreement. Prior to the plea and sentencing hearing, I advised Client to complete an outpatient parenting program in Columbus. Client completed the program and subsequently pleaded guilty to Attempted Child Endangering.

Client was fined $250.00. Additionally, I was able to successfully avoid both probation and jail time for Client.

Union County, Ohio & Franklin County, Ohio

Charges:
Union County – Trafficking in Marijuana, Third Degree Felony (maximum 5 Years in prison and $10,0000 fine); Possession of Marijuana, Third Degree Felony (maximum 5 Years in prison and $10,0000 fine); Trafficking in Marijuana, Fourth Degree Felony (maximum 18 months in prison and $5,000.00 fine); Possessing Criminal Tools, Fifth Degree Felony (maximum 12 months in prison and $2,500.00 fine); and Engaging in a Patter of Corrupt Activity (RICO), First Degree Felony, (maximum 10 years in prison and $20,000 fine).

Franklin County Trafficking in Marijuana, Third Degree Felony (maximum 5 Years in prison and $10,0000 fine); Possession of Marijuana, Third Degree Felony (maximum 5 Years in prison and $10,0000 fine).

Facts: Client was arrested and charged with multiple drug trafficking and drug possession offenses stemming from separate events that occurred in Union County, Ohio and Franklin County, Ohio, and involved a confidential informant (CI). A search warrant was also executed at Client’s residence, during which officers seized a significant amount of marijuana and money.

Result:
Union County – Client was facing the possibility of more than 20 years in prison if convicted of all the charges in both counties. In Union County, Ohio, I began aggressively attacking the case by arguing that a vehicular stop and search of Client’s vehicle was unconstitutional. As a result, I was able to negotiate a plea deal for Client that resulted in Client pleading guilty to 2 counts of Trafficking in Marijuana and 1 count of Possession of Marijuana. The other charges in the Indictment were dismissed.

Client received a prison sentence of 4 years; however, the State agreed to recommend Client’s judicial release from prison after 6 months.

Franklin County – In Franklin County, I also aggressively attacked the case and argued that the search warrant affidavit for the search of Client’s residence lacked probable cause. As a result, I was able to negotiate a plea deal for Client that resulted in client pleading guilty to a reduced charge of Attempted Trafficking in Marijuana. Client received a prison sentence of 7 months that was ordered to run concurrently with the sentence in Union County, Ohio.

The net result is that Client received a total prison sentence of only 7 months after facing the possibility of more than 20 years in prison.

Licking County, Ohio

Charge: Possession of Marijuana, Minor Misdemeanor (maximum $150 fine and mandatory license suspension of 6 months to 3 years).

Facts: Client was charged with Possession of Marijuana after being pulled over and having his car searched while leaving the Hookahville concert festival. The police officer ordered Client out of his own vehicle and into the police cruiser during the traffic stop. Prior to placing Client in the police cruiser, the officer told Client that he needed to search Client for weapons as a safety precaution. During the search, the officer discovered drug paraphernalia in Client’s pants pocket. A subsequent search of Client’s car revealed a small amount of marijuana. The officer elected to charge Client only with Possession of Marijuana.

I prepared and filed a motion to suppress on behalf of Client, arguing that the search of Client for weapons was nothing more than a pretext to search for drugs. My experience and research both revealed that such pretextual searches are unconstitutional.

Result: After I filed the motion to suppress, the Assistant Prosecutor dismissed the marijuana charge against Client. I was successfully able to avoid any probation, fines or a driver’s license suspension for the Client.

Franklin County, Ohio

Charge: Hit Skip, First Degree Misdemeanor (maximum 180 days in jail and $1,000 fine).

Facts: Client was driving on a narrow two lane road at approximately 2:00 a.m. when she struck a rock at the end of a private drive. Client left the accident scene and managed to drive her car to the end of the road where she parked it and walked home. The next morning, less than eight (8) hours later, client returned to her car to find two police officers inspecting the damage. Before client even had twenty four (24) hours to report the crash allowed under the statute, police wrote her a ticket. Police told the client that they wrote her the ticket for leaving the scene of an accident and failing to report the accident to police.

Result: After arguing at length with the assistant prosecuting attorney that the State failed to allow the client the twenty four (24) hours to report the accident, the State reduced the Hit Skip charge and the client pled guilty to the charge of Failure to Control, Minor Misdemeanor. Client only had to pay a fine and court costs.

Franklin County, Ohio

Charge: Disorderly Conduct, Fourth Degree Misdemeanor (maximum 30 days in jail and $250 fine).

Facts: Client was charged after he was observed walking on a public street in Columbus, Ohio, allegedly under the influence of alcohol and repeatedly disobeying verbal commands of police officers to keep out of a public street and return to the sidewalk.

Result: Case dismissed with an order for client to pay court costs only.

Richland County, Ohio

Charge: Operating a Vehicle Under the Influence of Alcohol (OVI), First Degree Misdemeanor (maximum 180 days in jail and $1,000 fine); Failure to Control, Minor Misdemeanor (maximum $150 fine).

Facts: Client was involved in a one car accident near Mansfield, Ohio. Law enforcement responded to the crash scene and subjected client to a series of field sobriety tests to determine if he was drunk or had been drinking and driving. Client was arrested for drunk driving and took a breathalyzer test which yielded a result that was below .08% and within the legal limit. Despite the results of the client’s chemical test, the State pursued the charges.

Result: I successfully negotiated a plea-bargain agreement in which the State reduced the OVI charge to a Minor Misdemeanor charge of Reckless Operation in exchange for the client’s plea of guilty to the charge of Failure to Control and the reduced charge of Reckless Operation. Client was ordered to pay a fine of $150 on each charge.

Champaign County, Ohio

Charge: Two counts of Aggravated Menacing, First Degree Misdemeanor (maximum 180 days in jail and $1,000 fine) and Unauthorized Use of Property, Fourth Degree Misdemeanor (maximum 30 days in jail and $250 fine).

Facts: Client allegedly sent threatening text messages to his ex-girlfriend. Client also allegedly took money from his ex-girlfriend’s bank account without her permission. Client advised me he was concerned that a conviction for a crime of dishonesty might cause him to lose his job.

Result: After negotiations, and in exchange for a plea of guilty, the State of Ohio dismissed one of the Aggravated Menacing charges, reduced the other Aggravated Menacing charge to Menacing, Fourth Degree Misdemeanor, and reduced the charge of Unauthorized Use of Property to a charge of Attempted Unauthorized Use of Property, Minor Misdemeanor (maximum $150 fine). Client was fined a total of $85 and ordered to pay restitution to his ex-girlfriend in the amount of $80.

Franklin County, Ohio

Charge: Driving Under OVI Suspension, First Degree Misdemeanor (mandatory 3 days in jail, mandatory 30 day vehicle immobilization, mandatory impound license plates, maximum 180 days in jail and $1,000 fine).

Facts: Client was employed by a major global shipping company. He was pulled over and charged with driving his car outside the terms of limited driving privileges he received under a prior OVI conviction. Client advised me that he was concerned that jail time and an additional license suspension would have a negative impact on his career.

Result: Client pled guilty to a reduced charge of No Operator’s License, Fourth Degree Misdemeanor (maximum 30 days in jail and $250 fine). Client received a fine only. He did not receive any jail time, license suspension or vehicle immobilization.

Vinton County, Ohio

Charge: Aggravated Menacing, First Degree Misdemeanor (maximum 180 days in jail and $1,000 fine), and Resisting Arrest, Second Degree Misdemeanor (maximum 90 days in jail and $750 fine).

Facts: Police arrived at client’s home in response to a 911 call made by client’s oldest child who mistakenly believed that the client was hitting his wife. The police responded to the client’s home to investigate whether the client committed an act of domestic violence. During the investigation the client’s wife and the client repeatedly told the police that nothing happened and that the incident was a misunderstanding. Finally the client told the police to get out of his home. The police arrested my client for allegedly obstructing official business, tasered him with a taser gun and dragged him from his home. While the client was being dragged from his home, he allegedly made a verbal threat against a police officer.

Result: The assistant initially offered to dismiss the Aggravated Menacing charge in exchange for the client’s plea of guilty to the Resisting Arrest charge. After making an aggressive argument and letting the assistant prosecutor know that I would not hesitate to take the case to a jury trial, the State offered to dismiss the Aggravated Menacing charge and reduce the Resisting Arrest charge to a charge of Disorderly Conduct, a Minor Misdemeanor. The client pled guilty and was fined $100.

Franklin County, Ohio

Charge: OVI, First Degree Misdemeanor (maximum 180 days in jail and $1,000 fine).

Facts: Client was pulled over for a marked lanes traffic violation after he allegedly drove outside marked lanes on a public road. Client was subjected to several field sobriety tests (FST’s) by the officer. After performing the FST’s, the client was arrested for drunk driving, taken to the police station and asked to take a breathalyzer test. Client refused to take the breathalyzer test.

Result: At the arraignment I was able to successfully negotiate a reduction of the OVI charge to a charge of Physical Control of a Vehicle While Intoxicated. The reduced charge is not a moving violation and, therefore, the client did not get any points on his license from the Bureau of Motor Vehicles (BMV).

Vinton County, Ohio

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.

Franklin County, Ohio

Charge: OVI, First Degree Misdemeanor (maximum 180 days in jail and $1,000 fine).

Facts: Client was pulled over for allegedly bringing his vehicle to a complete stop on a Columbus highway, and for a marked lanes traffic violation after he allegedly drove outside marked lanes on a public road. Client was subjected to several field sobriety tests (FST’s) by law enforcement officers. Client performed the FST’s in part. After refusing one of the FST’s, the client was arrested for drunk driving, taken to the police station and asked to take a breathalyzer test. Client refused to take the breathalyzer test.This was Client’s 2nd OVI offense within 6 years and, therefore, he was facing the possibility of 20 days in jail if convicted.

Result: At the arraignment, Client received an offer to serve 10 days in jail in exchange for his guilty. After turning down the offer, I pled my client not guilty and decided to continue negotiations with the assistant prosecutor assigned to the case. After filing a motion to suppress and continued negotiations, I was successful in obtaining an offer from the assistant prosecutor for a stipulated 1st OVI offense with 1st OVI penalties, in exchange for Client’s guilty plea. Client was sentenced to serve 3 days in a Driver Intervention Program (DIP) and spent no time in jail for the OVI offense.