Recent Case Results

VIOLATING A PROTECTION ORDER

State of Ohio, Hamilton County

Case Dismissed

Case History: Our client had an ongoing dispute with an ex. Our client and the ex had a child in common. When our client ended the relationship and requested all communication be restricted to matters concerning their child, the ex called filed a protection order against our client alleging physical abuse. Our client adamantly denied the allegations, however our client had no problem severing contact with the ex as long as contact with the child continued. Several month’s later our client contacted a relative of the ex via written communication to inquire about the child’s well-being. The ex immediately called the police alleging our client violated the protection order.

Our Defense: We immediately began looking into the couple’s toxic history and soon discovered the ex’s vindictive behavior. We filed numerous pre-trial on our client’s behalf. The pre-trial motions specifically pointed to the array of incidents where the ex exhibited malicious behavior towards our client including making prior false allegations. Once we presented our findings by advocating on our client’s behalf with pre-trial motions, the case was dismissed on the morning of trial.

DOMESTIC VIOLENCE

State of Ohio, Hamilton County

Case Dismissed

Case History: Our client our client’s spouse were married for over a decade. The spouse started a new career and openly began engaging in an extra-marital affair. Shortly after the affair began, the spouse asked to purchase the marital home from our client in order for the spouse and the spouse’s new paramour to reside in the home. When our client refused, the spouse called the police accusing our client of domestic violence.

Our Defense: Upon reviewing the details of the case, we discovered many inconsistencies with the spouse’s story. We were quickly able to discredit the allegations as well as the spouse’s credibility. Further, when we discussed the case with the arresting officer, even the officer believed the allegations were untrue. Once we presented our arguments and pointed to the inconsistencies in the allegations, the Court had no choice but to dismiss the case.

CRIMINAL MISCHIEF

Commonwealth of Kentucky, Fayette County

Case Dismissed

Case History: Our client had an ongoing feud with a neighbor. One day the neighbor called the police and claimed our client destroyed the neighbor’s property. Our client maintained the neighbor fabricated the entire story.

Our Defense: As soon as we began looking into the details of the case, we discovered many inconsistencies in the neighbor’s story. The neighbor claimed to have video footage of our client destroying the property. However, when we pressed the issue, the video was never produced. Instead, our client had evidence of the neighbor destroying our client’s vehicles and trespassing onto our client’s property. Further, our client was out of town on the date of the alleged incident. Basically, we were able to discredit every position taken by the neighbor. Once we presented our findings to the Commonwealth, they had no choice but to dismiss the case.


RAPE, UNLAWFUL SEXUAL CONTACT WITH A MINOR

State of Ohio, Clermont County

Case Dismissed

Case History: Our client was accused of having sexual intercourse with a minor. Due to age, the minor was unable to consent. The minor’s parents discovered their child had some sort of interaction with our client and contacted the police. Our client immediately contacted us before speaking with the police.

Our Defense: We defended on many fronts. First, the State could not prove a sexual act occurred, except through the accuser’s testimony. There were substantial communications between our client and the accuser, however, none of the communication confirmed sexual activity. The State also did not have any DNA evidence. Further, we performed a significant amount of research regarding the accuser’s background and discovered the accuser had a history of claiming to be an adult on social media. Our client believed the accuser was the age of consent based upon the accuser’s assurances to our client. After numerous discussions with the prosecutor, we were able to get the State to concede the accuser claimed to be of age and also told our client such. Based upon the evidence we presented to the prosecutor, on the morning of trial, the State decided to dismiss the case in its entirety.


DOMESTIC VIOLENCE PROTECTIVE ORDER

State of Ohio, Hamilton County

Case Dismissed after Trial

Case History: Our client’s spouse made claims of domestic violence against our client, however, our client disputed all allegations. The spouse filed for a protective order. If this protective order was granted, our client’s life would have been severely devastated. Our client’s home, business, and interactions with our client’s children were in jeopardy.

Our Defense: The accuser testified to numerous things and mainly accused our client of being a “bad person” without being able to provide any specific details. During our cross examination of the accuser, the accuser was forced to admit the filing of the protective order was to gain an advantage in potential divorce and custody proceedings. We were also able to expose all of the inconsistencies in the accuser’s story. The accuser’s credibility was completely destroyed on cross examination and the Judge dismissed the matter without our client having to put on any proof.


FELONIOUS ASSAULT

State of Ohio, Hamilton County

Case Dismissed

Case History: Our client was involved in a shooting incident in front of our client’s own home. Our client and our client’s spouse were driving home from grocery shopping. On the drive home, a car swerved and almost collided into them. Words were spoken between our client and the other driver. The driver then followed our client home without our client realizing such. Our client and our client’s spouse were putting away groceries when our client noticed the other driver driving down his cul-de-sac. Our client’s spouse called 911 while our client retrieved a revolver for protection. Our client asserted the driver shot at our client first and our client then returned fire with two shots. Even though our client’s spouse called 911, the driver was able to make contact with the police first. The police alleged the driver did not fire at our client and charged our client with felonious assault. Our client contacted us immediately upon learning of the charges.

Our Defense: It was undisputed our client fired a firearm two separate times, however, it was in self-defense. Our client definitely had a revolver with two fired brass inside. We immediately began performing an independent investigation into the case. We found five different neighbors/witnesses who stated three shots were fired during the altercation. We also discovered the driver’s shirt contained gunshot residue on the sleeves and chest areas of the shirt. The State was trying to insinuate the gunshot residue was from our client’s firearm. However, after researching journals and articles on gunshot residue, the lead coroner from Hamilton County had written an article about how far (and limited) gunshot residue could travel; thus, destroying the State’s theory. Further, the accuser had a lengthy criminal record including serving several prison sentences as well as a history of illegal firearm ownership. At trial, the State dismissed its case over the objection of the driver/accuser.


DOMESTIC VIOLENCE CIVIL STALKING PROTECTIVE ORDER

State of Ohio, Hamilton County

Case Dismissed

Case History: Our client was accused of threatening and stalking our client’s pregnant paramour. Our client and the paramour worked together at the same company and in the same department. Our client’s job was in jeopardy if the allegation was successful. Our client denied any threatening, abuse, or stalking ever occurred.

Our Defense: We obtained all electronic communications between the parties, mostly consisting of text messages. While there were disagreements between them, there was no evidence of any threats or harassment. Instead, we discovered our client was attempting to end the relationship. This was not acceptable to the accuser and the allegations arose immediately after our client’s attempts to disengage. Further, we obtained information the accuser was not truly pregnant and was only making such a statement to gain an advantage in court. When we pressed the issue for proof of pregnancy, the accuser dismissed the petition.


DOMESTIC VIOLENCE PROTECTIVE ORDER

Commonwealth of Kentucky, Scott County

Case Dismissed

Case History: Our client and our client’s paramour had a disagreement. After the disagreement, the paramour alleged domestic violence and sought a protective order against our client. Initially, the paramour had our client removed from our client’s own home. Our client completely denied any domestic violence ever occurred.

Our Defense: We began digging into the accuser’s background and discovered the accuser had a significant history of substance abuse including several unsuccessful attempts at treatment. Once our client re-gained access to the home, our client discovered several items were missing. Our defense was simple. The accuser relapsed and was attempted to obtain drugs and/or drug money. When our client refused to assist in this regard, the accuser became angry and made the allegations. Once the accuser had our client removed from the home, the accuser then stole our client’s valuable items in order to obtain drugs. We asserted the police were complicit in both the theft and the accuser obtaining drugs. The matter was dismissed on the morning of trial.


AGGRAVATED MENACING

State of Ohio, Hamilton County

Not Guilty

Case History: It was alleged our client threatened another person with a gun. The accuser was at our client’s friend’s home. The person was irate and demanding money from our client’s friend for something related to car repairs. The accuser threatened our client’s friend and the friend’s family. Our client arrived at the home to pick the friend up for work. Our client walked up to the door of the home and told the accuser to go away and leave everyone alone. Our client is a person of large stature and upon our client’s request, the accuser decided leave and proceeded to drive away. However, the accuser later called the police and claimed to be threatened with a gun by our client.

Our Defense: We had three witnesses testify the accuser was hysterical and out of control. The accuser was not only screaming obscenities, but the accuser was also kicking our client’s friend’s front door. The witnesses testified our client took control of the situation through a demeanor that was stern but calm when our client requested the accuser leave. All three testified our client did not have a gun and never showed a gun. Our client was wearing gym shorts and a tee shirt. Further, our client was headed to work and it was not reasonable for our client to have a gun at the time. On cross examination, the accuser’s credibility was destroyed. There were numerous inconsistencies in the accuser’s testimony. The accuser admitted to calling family members who were supposed to be on their way to handle the dispute (implying a threat). However, the accuser’s testimony on the witness stand regarding the gun was substantially different than the 911 recording. The judge determined the accuser was not credible and found our client Not Guilty.


Child Sexual Abuse and Domestic Violence

Commonwealth of Kentucky, Fayette County

Case Dismissed; No Criminal Charges Filed; No Arrest

Case History: Our client played an active role in the lives of our client’s children and grandchildren. Our client was even responsible for providing transportation in order for the grandchildren to visit with their parents. Our client was a proud grandparent and being a grandparent was a very important part of our client’s life. One day, after a disagreement occurred between the parents of one of our client’s grandchildren, our client was accused of sexually abusing one of the grandchildren. Our client was in complete disbelief and heartbroken over the allegations. Our client knew the allegations were completely false and were instead the product of one of the parents attempting to gain an upper hand in an ongoing custody battle. The parent of the child requested an emergency protective order/domestic violence order based on the allegations to prevent our client from having any access to the child. Not only was our client threatened with the possibility of criminal charges, but our client was also forced to defend against the allegations in a family court emergency protective/domestic violence hearing.

Our Defense: We immediately began building a wall of protection around our client. Once we notified all agencies of our involvement and cut-off access to our client, we began researching the background of the parent who made the allegations on behalf of the minor child and filed the protective order against our client. We soon discovered the parent was very familiar with the court system. In fact, on several past occasions, the parent made similar allegations on behalf of other children and filed the same paperwork in multiple jurisdictions against other alleged perpetrators. It appeared the parent knew exactly how to manipulate the system. We further discovered the allegations arose immediately after the parent did not get what the parent requested in the custody case. In addition, there was a major procedural problem with jurisdiction. The court in which the parent filed in did not have authority to preside over the matter. The court could not exert jurisdiction over our client and we refused to concede jurisdiction because the case was filed in the wrong forum. When the matter came for hearing, we argued to the judge that our client must be dismissed from the case because the court lacked jurisdiction. We further pointed out that the parent was far more experienced in these matters than portrayed. We presented the multiple filings from other jurisdictions as well as the coincidences with the custody case. Finally, our client’s position never changed. Our client maintained the fact that the allegations were completely false and nothing improper ever occurred. On the other hand, the parent/accuser’s story changed numerous times. Basically, each time we successfully disputed one of the facts, the parent would then change the story. Based upon the numerous inconsistencies, the accuser’s complete lack of credibility, and the procedural defect with jurisdiction, the judge had no choice but to agree with our assertions and dismiss the case. Not only was the domestic violence/protective order dismissed, but our client was not arrested or criminally charged.


VIOLATION OF EPO/DVO

Commonwealth of Kentucky, Fayette County

Case Dismissed

Case History: Our client was in an on and off relationship with another person. During one of their “off” times, the other person filed a protection order against our client. Our client disagreed with the allegations, however, since the relationship was over, our client agreed to stay away from the accuser for a short period of time and part ways for good. At some point, the accuser began contacting our client again and the two discussed plans to reunite. However, later when the accuser was angry at our client, the accuser filed a police report claiming our client violated the stay away order. Our client was subsequently arrested for the alleged violation.

Our Defense: The night our client was arrested, it was actually the accuser who called to notify our office of the arrest. The accuser was also trying to bail our client out of jail. When we discovered the accuser was trying to come to our client’s rescue, we knew there was much more to the situation. When we began reviewing the discovery, we found the allegations did not make sense. The Commonwealth would not be able to prove our client violated the protection order. There was no evidence our client contacted the accuser or violated the terms of the stay away order. Further, the alleged contact could not be traced to our client. The police report even stated the messages received by the accuser were from an unknown person and an unknown number with no identifying information. This coupled with the fact the accuser was coming to our client’s aid and contacting our office indicating a desire to rekindle the relationship showed the allegations were false. The accuser even admitted the allegations were made out of anger. When we presented the facts to the prosecutor and explained the two wanted to become romantically involved again, the prosecutor agreed with our position and dismissed the charges against our client.


Domestic Violence

State of Ohio, City of Cincinnati

Not Guilty after Trial

Case History: Our client’s teenage child was exhibiting behavioral issues. Our client picked up the teen for visitation and a verbal argument ensued regarding the teen’s disrespectful behavior and not abiding by rules. This argument was occurring in a small vehicle. During the argument the teen was struck in the face.

Our Defense: Our position was the strike was purely accidental. Both our client and the teen were in a small car and our client was shifting gears manually. While they were arguing, our client’s right hand was pointing toward the teen. When our client’s right hand was shifting gears, our client’s hand lifted up off the gear shift knob and at the same time the teen was starting to lean forward which caused the teen to be struck in the face. A major part of our defense centered on the fact that our client was a calm, reasonable individual and obviously felt horrible for the incident. Our client was extremely consistent and provided several statements indicating the incident was purely an accident. On the other hand, our client’s teenage child appeared like a spoiled, manipulative liar (at the time the teen wanted to live with our client’s ex-spouse because our client was the disciplinarian). We filed motions as well as open records requests for all police records. In response to the requests, the police report we received identified that the teen initially stated the strike was an accident. Upon our cross examination during trial, the teen denied ever making the statement and instead claimed it was completely fabricated by the police. Based on the credibility of the witnesses, including the teen’s lack of credibility, the judge found our client “Not Guilty”.


Harboring Dogs Without a License and Failure to Register Dogs

State of Ohio, Warren County

Not Guilty after Trial

Case History: Our client had a longstanding dispute with a neighbor that was a government official. Our client was properly registered as a dog rescue and in compliance with all regulations regarding such. However, our client’s neighbor contacted the local police attempting to have our client entangled with the law about the rescued dogs. Our client was cited for harboring dogs without a license as well as failing to register the dogs under his current care.

Our Defense: The original defense rested in the wording of the statutes with which our client was charged. Our client was not required to obtain a license to harbor dogs nor was our client required to register the dogs. We fully intended to put forth facts at trial to support both of these arguments. However, due to cross examination of the State’s witnesses at trial, the State did not have enough evidence to support its own allegations. At the close of the State’s case, we made a motion to the judge for the case to be dismissed against our client without our client having to put forth any evidence. The motion was granted and a “Not Guilty” verdict was entered in our client’s favor.


Domestic Violence

State of Ohio, Warren County

Case Dismissed

Case History: Our client and our client’s live-in significant other were on our client’s property engaged in a physical altercation. The police were called by a neighbor and when the police arrived they witnessed the physical altercation. Our client was arrested and charged with domestic violence.

Our Defense: Our client had a poor case from a factual standpoint. The police (along with our client’s neighbors) witnessed a fist fight occurring in our client’s front yard. Neither our client nor our client’s significant other were fighting from a defensive position. Our client did not have a criminal record and neither did the significant other. Neither party desired to pursue the matter, however, the State had perfect evidence factually and was interested in sending a message to our client and the public. Our only option to stay on the offensive with the State was to challenge the constitutionality of the domestic violence statute in this case. Ohio’s domestic violence statute requires the parties to be living together as a spouse of the other. Ohio law, at that time, precluded two people from the same sex from being married to each other. Therefore, our argument was that the parties were legally precluded from living together as a spouse of the other. After asserting our legal argument and suggesting the matter was ripe for dismissal based upon our client’s lack of record coupled with our client being arrested on the day of the altercation, the State agreed to dismiss the matter.


Rape

Commonwealth of Kentucky, Fayette County

No Charges Filed/No Arrest

Case History: Our client had a “hook-up” buddy. For several years our client and the acquaintance would meet strictly for sexual companionship. Our client did not consider the relationship romantic or serious in any manner. One evening after the two engaged in consensual sexual relations, the friend became angry at our client. Our client mentioned a new romantic interest and attempted to break things off with the acquaintance. The acquaintance continued to communicate with our client as if everything was perfectly okay and normal. A few days later our client was contacted by police regarding a rape investigation.

Our Defense: We immediately contacted the police on our client’s behalf and notified them of our involvement. We also informed the investigative agencies they were no longer permitted to contact our client in any manner. We then began our own independent investigation into the accuser’s background. During this investigation, we discovered the accuser was in love with our client and did not want the relationship to end, even if it was a “hook-up” only relationship. We also reviewed thousands of text message, social media, and email communications between the two. These messages proved our client did not force or compel the accuser to do anything against the accuser’s will. The messages actually showed the complete opposite. It appeared the accuser was the aggressor and was seeking out our client for the sexual encounters. It also appeared the accuser was only making the allegations in an attempt to prevent someone else from being in a relationship with our client. Not only was the accuser taking actions inconsistent with the allegations but there were numerous holes and discrepancies in the accuser’s story. Once we asserted our position and pointed out the inconsistencies, the police had no choice but to close the investigation. No charges were filed and our client was not arrested.


Kidnapping, Felony Domestic Violence and Felonious Assault

State of Ohio, Butler County

Case Dismissed

Case History: Our client and our client’s spouse were encountering marital issues. Early in the morning hours, our client decided to meet the spouse at the spouse’s place of work. Upon arrival, our client discovered the spouse’s lover also waiting in the parking lot. It was alleged our client confronted the lover and a physical altercation occurred where our client caused serious physical injury to the other person. At this point, our client’s spouse was coming out of the building and saw the end of the confrontation. Our client allegedly grabbed the spouse and pulled the spouse inside the building by the arm and an argument ensued. This argument allegedly turned physical. Our client was charged with felonious assault against the paramour as well as kidnapping and felony domestic violence relating to the spouse.

Our Defense: Collectively we decided our client took the moral high ground, but the situation looked factually bad. The State portrayed our client as an angry estranged spouse who sought revenge against our client’s spouse and the spouse’s lover. This was an effective strategy by the State. However, we decided to sever the allegations against the paramour from the allegations against the spouse. In doing so, we portrayed the lover as the physical aggressor who lost the fight. It was not disputed the paramour got out of a vehicle and confronted our client. We portrayed this as an act of aggression where the paramour was attempting to destroy our client’s ability to reconcile with the spouse that night. It was the paramour who confronted our client when our client was attempting to make face to face contact with the spouse. This confrontation by the paramour ended badly for the paramour (again, we had the moral high ground). Our client was on video grabbing the spouse by the arm and walking back into the building. We were able to establish that the spouse willingly went with our client and not under threat or duress. Instead our client was trying to get away from the negative situation and remove the spouse from any further danger posed by the paramour. The small amount of video showed the couple walking closely together, with the spouse in no way struggling or appearing resistant. The spouse made a statement that our client did not threaten or force the spouse in any manner. The domestic violence portion attributed to our client’s spouse was shown as the spouse being the aggressor. The marks on the spouse’s arms were from our client holding the spouse’s arms in order to restrain the spouse from hitting our client. As the spouse and the lover were found to be in an improper relationship, neither of them had an interest in making this matter public record. When we presented all of the facts to the prosecutor, the State agreed to dismiss the case.


Rape

State of Ohio, Adams County

Case Dismissed

Case History: Our client was at a relative’s house for a cookout and holiday party. Our client was a social person and interacted with numerous guests. Later, after the party ended, our client was invited to a sibling’s home to continue socializing. Our client’s sibling invited several people, including the guests at the cookout. Our client agreed and the evening continued. Numerous months later, our client was accused of engaging in sexual intercourse with a 15 year old and was ultimately charged with rape based on the accuser’s allegations.

Our Defense: We interviewed several witnesses, both from the cookout itself as well as at the after party. We found the accuser claimed to be over 21 years old with a fake driver’s license. The accuser was noted to be flirtatious with our client and stayed by our client’s side most of the evening. At the after party, the accuser requested our client’s sibling invite our client. It took basic attorney work of gathering information and witness statements to establish the defense of “consent.” However, we lacked a motive for the accuser to claim rape. After further investigation, we gained access to the accuser’s cell phone records. We found the motive in those records. The accuser was in trouble at home for missing curfew the previous evening and was caught in a lie. In order to escape punishment at home, the accuser attempted to become a victim of rape. The State attempted to save its position by offering a minimal plea bargain which was difficult to decline. However, our client refused any plea bargain. We further advocated our position to the prosecutor and we were able to show the State was left with a witness who lacked credibility and a motive to lie. The State agreed to dismiss the case and our client was cleared of any wrongdoing.


Failure of Owner to Maintain Required Insurance

Commonwealth of Kentucky, Kenton County

Case Dismissed

Case History: Our client was involved in a minor motor vehicle accident. When officers arrived on the scene, our client was unable to produce vehicle insurance and the registration on the vehicle appeared to be expired. Even though our client believed the insurance and registration were up to date, our client was charged with Failure to Maintain Required Insurance. Our client was in the middle of a divorce and somehow the paperwork for court was misplaced. Our client was unaware of the court date and did not appear at the initial arraignment. The judge issued a warrant for our client’s arrest for failing to appear. In addition, due to the failure to appear, the state of Kentucky automatically suspended our client’s driving privileges. Our client did not learn of the bench warrant or the suspended driving privileges until many months later.

Our Defense: We immediately began taking action to get the bench warrant set aside. The last thing we wanted was for our client to get arrested. Once we successfully set the bench warrant aside, we were able to schedule a court date and appear with our client regarding the underlying charge. During our first court appearance, we were able to get our client’s driving privileges reinstated. Our client no longer had to worry about driving on a suspended license. At the time of the accident, our client was going through a divorce. Unbeknownst to our client, our client’s ex-spouse cancelled the vehicle insurance and allowed the vehicle registration to lapse. Our client had absolutely no idea until after the accident. Further, our client’s mail was being sent to an old address, so our client did not receive any notice of the court date or the suspended driving privileges. We began advocating on our client’s behalf to both the judge and the prosecutor. During the discussions with the prosecutor, we explained our client was a good person, who felt absolutely horrible about the accident. The entire case was simply a big misunderstanding. It seemed our client was fighting an uphill battle because the situation snowballed out of control. Our client even personally offered to pay for any damage caused due to the accident. After fully advocating on our client’s behalf, the prosecutor agreed to dismiss the case if our client would pay a minimum amount of restitution for the damage caused by the accident. Our client did just that and the case was dismissed.


Promoting a Sexual Performance by a Minor

Commonwealth of Kentucky, Boone County

No Charges Filed, No Arrest

Case History: Our client was accused of inappropriately communicating with a minor via text message. The police alleged our client sent text messages to a minor requesting the minor send nude photos in return. Allegedly the minor engaged in conversation with our client via text message and sent nude pictures. The police also claimed our client sent the minor pornographic pictures along with inappropriate conversation of a sexual nature. Our client as a young professional without any criminal history was adamant no such thing occurred and the police had the wrong person.

Our Defense: Upon learning of the allegations, we immediately inserted ourselves into the investigation. The police wanted to interview our client regarding the allegations. We refused to allow this to occur and cut off all contact to our client. We began advocating on our client’s behalf. The police would have to prove our client was in fact the person sending and receiving the messages/photos and we were unwilling to allow our client to provide any information to the police regarding the allegations. During the course of our own independence investigation, we obtained our client’s cell phone records and did not find any communications to or from the accuser. When we highlighted the flaws in their case, including the lack of evidence, the police were forced to close the investigation. No charges were filed and our client continues to possess an unblemished record.

Criminal Defense Attorneys in Cincinnati

At Bleile & Dawson, we take pride in fighting for our clients' right to justice and fair treatment under law, and over the course of our careers as Ohio and Kentucky criminal defense attorneys, we have helped many people to avoid the harsh consequences of a criminal conviction. With a long track record of winning acquittals, dismissals and favorable plea bargains for our clients, we have proven our ability to get results. Take a moment now to read through this list of some of our results, and then contact our office for a free case evaluation and to learn what you can expect in your own situation.


Unlawful Transaction with a Minor

Commonwealth of Kentucky, Pulaski County

No Charges Filed, No Arrest

Case History: Our client was accused of having an inappropriate sexual relationship with a teenage. The teenager was a foster child in the home of our client’s in-laws when our client was in the middle of an ugly custody battle. During the custody battle, our client’s ex-spouse made the allegations in order to gain an upper hand. Once the allegations were made, an investigation began.

Our Defense: Our client contacted us after hours on a weekend. We immediately made arrangements to meet with our client in order to begin our involvement in the case. The first thing we did was sever all communication between our client and the government agencies conducting the investigation. The agencies wanted a recorded statement from our client; however, we refused to allow such to occur. Instead, we communicated on our client’s behalf and dealt directly with the agencies. We informed the agencies that while our client knew the teenager, absolutely no inappropriate behavior ever occurred between the two. After informing the agencies of our involvement, we conducted our own independent investigation. We discovered the teen was a troubled youth that ran away from the foster home. We also discovered the allegations were inconsistent with actual identifiable facts. It became obvious our client’s ex-spouse was attempting to harm our client to obtain custody of their children and used the runaway foster child as an avenue for such. Once we conveyed our findings, the agencies had no choice but to close the investigation. No criminal charges were filed and our client experienced success in the custody battle.


Child Pornography

Commonwealth of Kentucky, Fayette County

No Charges Filed

Case History: Our client was accused of posting child pornography on a social media website where photos are mainly published. The police were given this information from an unknown third party. The police went to our client’s home but our client was not home. The police left a business card for our client to contact them immediately. Our client contacted us for advice.

Our Defense: As soon as our office got involved in the case, we contacted the police agency and informed them to cease contact with our client. The police contacted us about speaking with our client. We declined the request. We informed the police there was no evidence linking our client to child pornography other than an allegation. We obtained information from the social media website and informed the police of the short comings of using information from the internet to identify a person. Upon investigation of our client’s situation, we found our client had an unsecure internet network. Basically, anyone of his neighbors could get on a website, which would be linked to our client’s IP address, and post items which could be attributable to our client. The Commonwealth’s case was destroyed before it could begin. The police stopped their investigation before even attempting to gain a search or arrest warrant.


Child Abuse

Commonwealth of Kentucky, Fayette County

Case Dismissed Prior to Trial

Case History: Our client was accused of leaving bruises and harming his child. The child went to his grandparents for babysitting and the grandparents found the child had bruises on his bottom and top of his legs. The grandparents called both The Cabinet and the police. Our client denied the allegation but was fully cooperative with both agencies.

Our Defense: Our client was a very large man. He had no criminal history. The child does have a history of acting out and being non-compliant with his parents. Our client and his wife even went to a family counselor about the problem and were given the advice of enhanced punishment for each continued act of disobedience. Our client and his wife informed us of the child’s poor behavior a day or two before the allegation which lead to a spanking. Our client was adamant it was nothing more than a spanking. Before the court date, we sent our client to several sessions of family counseling. We also informed our client to be fully compliant with the Cabinet but to refrain from discussing the event with them. During pre-trial negotiations with the prosecutor, we verified our client’s lack of a criminal record and gave proof of prior family counseling and continued family counseling. This proof also showed how the child was often misbehaving. We informed the prosecutor how our client had no intent to harm the child but due to our client’s large size (over 6’6” and just shy of 350 pounds) and large hands, he may have unintentionally inflicted the injury. We pointed out how there is no anger issue by our client. He was merely following the instructions given to him by a family counselor with an unintended result. Our argument was the Commonwealth would not be able to show the required element of “intent” to prove its case. The agreement was reached that if our client continue counseling and continue being monitored by The Cabinet, the case would be dismissed. Our client complied with the agreement and the matter was terminated in his favor.


Sexual Abuse/Rape of a Minor

Commonwealth of Kentucky, Woodford County

Case Dismissed

Case History: Our client and his wife had custody of their grandchild. Our client’s daughter had addiction issues and was in rehab. The father of the child lived in the basement of our client’s home so he could interact with the child. The father had a history of drug abuse and did not avail himself of life opportunities such as employment or education despite his promises of such. The father denied current addiction. The grandmother took the child to the doctor for a vaginal rash. The infant child made an almost intelligible statement which suggested the child was touched by a person. The doctor contacted The Cabinet and the police.

Our Defense: It never was known what exactly the child stated to the doctor as the doctor was not even sure. However, the doctor was required to report any suspected child abuse. As our client, the grandfather, was the male primary custodian of the child, and the doctor did not know about the father, the allegation immediately focused on our client. Our client fully complied with The Cabinet, however upon our advice he did not undergo a polygraph. A polygraph examination is junk science with no reliability. As we were convinced of our client’s innocence, and the government had nothing to the contrary, the advice to forgo the polygraph was correct. The Cabinet tried to hold the polygraph against our client. Also, we had our client and his wife search the father’s room downstairs for drugs and drug paraphernalia. Both were found. My client immediately moved the father out of their home. The matter was referred to court. After speaking with the prosecutor about all aspects of the case, including there is not even a conclusion that the child was sexually assaulted, the prosecutor agreed with us. However, The Cabinet protested to the judge for our client not taking a polygraph. After explaining our position to the judge in detail, the judge agreed and dismissed the allegation against our client.


Assault

State of Ohio, Hamilton County

Not Guilty Verdict

Case History: Our client was accused of assaulting her male neighbor over an argument about a parking space. The neighbor accused our client of parking to close to his car. Our client denied ever assaulting the accuser and said the accuser actually threatened her.

Our Defense: This was essentially a “he said, she said” case where credibility of those testifying was everything. We had our client fully prepared to testify about what occurred. When doing our due diligence about the accuser, we found he had prior convictions of violence and had served a term of imprisonment for a violent felony. During cross examination of the accuser, we pointed this issue out. We also got the accuser to admit to a being upset initially about the parking situation. The lack of credibility of the accuser was apparent and the prosecutor could not find any inconsistency in our client’s story. A “Not Guilty” verdict was rendered.


Driving Under Suspension and Possession of Marijuana

State of Ohio, Clermont County

Case Dismissed

Case History: Our client was stopped by the police simply because of the client’s slight criminal record and improperly suspended driver’s license. The criminal record was a dismissed marijuana possession (dismissed for an illegal search) and a marijuana possession amended to a disorderly conduct. In addition, the poor police work of another police department created an improperly suspended license for our client.

Our Defense: We first did the leg work to prove the client’s license should have never been suspended. We proved the bad police work had improperly harmed our client. The driving under suspension case was immediately dismissed. Upon arguing the impropriety of the stop and our client’s cooperation, the State dismissed the case.


Domestic Violence

State of Ohio, Hamilton County

Not Guilty

Case History: Our client was in a toxic relationship with a live-in paramour and the two had a child together. After a verbal argument, the police were called to arrest our client; however, no arrest was made as there were no physical injuries and the accuser was intoxicated while our client appeared sober. The following day our client called an end to the relationship. In retaliation, the accuser immediately went to the police and alleged a bump on the back of the head was caused by our client. The police executed an arrest at our client’s place of employment and our client was charged with domestic violence.

Our Defense: We knew we had to expose the accuser’s true motives behind the allegations, including the accuser’s propensity to be untruthful. We immediately made contact with officers who were dispatched to the home the previous night, only to discover the accuser provided completely contradicting stories. Once we gathered all information regarding the accuser’s background we pushed the case forward to trial. At trial, the testimony of the officers only proved to be in our client’s favor. In addition, we exposed the multitude of holes in the accuser’s story. The accuser’s testimony was not credible and our client was found not guilty.


Alcohol Intoxication in a Public Place/Possession of Drug Paraphernalia

Commonwealth of Kentucky, Fayette County

All Charges Dismissed/Record Expunged

Case History: Our client was unknowingly the victim of identity theft. Our client decided to purchase a firearm, but the application was denied because our client was listed as a fugitive with an open warrant for Possession of Drug Paraphernalia. Our client had absolutely no idea this charge existed and upon further investigation our client discovered another charge for Alcohol Intoxication in a Public Place in which there was already a conviction. Court records showed our client plead guilty to the Alcohol Intoxication charge a few years prior and was thus convicted of a misdemeanor. Our client was extremely upset as our client had an unblemished record, until these charges randomly appeared.

Our Defense: We immediately conducted our own private investigation and soon discovered an acquaintance used our client’s personal identifying information on several occasions. This acquaintance was in and out of the criminal justice system and our client was attempting to help the person get back on the right track in life. Unfortunately the person took advantage of our client’s kindness. The acquaintance plead guilty to the Alcohol Intoxication charge under the guise of our client after being arrested and then paid the court costs and fines without our client ever knowing. With the Possession of Drug Paraphernalia charge, the acquaintance failed to appear at court after providing our client’s information and thus caused a warrant to be issued for our client. Once we gathered all information we contacted the county prosecutor and advocated on our client’s behalf, including providing alibis as well as information on the person who stole our client’s identity. After numerous meetings with the prosecutor and the judge, all charges against our client were dismissed, the prior conviction was vacated, and both cases were completely expunged from our client’s record. After a nerve-racking and stressful ordeal, our client’s life was restored to normal. To date, our client continues to have an unblemished record and is now able to possess a firearm as originally planned.


Assault/Domestic Violence

Commonwealth of Kentucky, Fayette County

All Charges Dismissed

Case History: Our client was accused of physically abusing his young child. The child was often unruly and refused to obey authority figures. Our client typically disciplined the child with tactics such as time-outs and taking away toys. However, there was evidence of bruising on the child’s buttocks and our client was charged with assault.

Our Defense: Our client had no criminal history and had never experienced contact with Social Services (The Cabinet). Prior to this incident, our client (and our client’s spouse) had been attending parenting classes unilaterally in order to learn how to control the unruly child. Our client was very large, standing almost 6’6” and solidly built. We demonstrated to the Commonwealth all the steps our client took before initiating physical punishment as instructed in parenting classes. Our client had no interest in harming a child nor did our client ever display any anger issues. Our client agreed to attend additional parenting classes in order to learn how to properly discipline, including the use of corporal punishment, so as not to harm the child, especially due to the size disparity between our client and the child. After our client completed the parenting classes, the case was dismissed.


Alcohol Intoxication in a Public Place

Commonwealth of Kentucky, Boone County

All Charges Dismissed

Case History: Our client was a passenger in a vehicle. The police performed a traffic stop on the vehicle in front of the driver’s residence. The driver was charged with DUI and our client was charged with alcohol intoxication in a public place. Our client had absolutely no criminal history and any conviction would jeopardize our client’s employment.

Our Defense: We immediately began to attack the validity of the charges and by doing so discovered flaws in the Commonwealth’s case. Our client was not endangering anyone nor was our client unruly in any manner. In fact, our client’s behavior did not constitute a crime. Further, the Commonwealth had no way of proving our client was even under the influence of alcohol at the time because there were not any alcohol or sobriety tests performed during the stop. When we presented the facts of our case to the prosecutor, including the fact that our client was not in a public place, but instead in the driveway of a residence at the time of the stop, the prosecutor was forced to concede. Not only was the case dismissed, but our client continues to have an unblemished record.


Indecent Exposure

State of Ohio, Hamilton County

Not Guilty

Case History: Our client was accused by a co-worker of exposing genitalia repeatedly to the co-worker for sexual gratification. The police were called by a supervisor upon the insistence of the accuser. Our client was arrested based upon the accuser’s sworn testimony in an affidavit.

Our Defense: Our defense was relatively simple. The accuser alleged this occurred in several locations throughout the building on a certain day. The accuser also alleged it occurred in a patient’s room in the patient’s presence. At trial, we provided evidence that the building and areas described in the affidavit were equipped with numerous video cameras, yet there was absolutely no video evidence supporting the allegation. Further, there was not any evidence supporting the allegation from the patient even though an incident supposedly occurred in a patient’s room. Our client was fully prepared to testify, and did in fact testify at trial, denying each and every allegation to the fullest. A Not Guilty verdict was rendered.


Driving Under Suspension

State of Ohio, Hamilton County

Not Guilty

Case History: Our client’s driver’s license was suspended due to a prior DUI/OVI conviction. Our client had limited driving privileges and was involved in a minor traffic accident which was not our client’s fault. However, when the police ran our client’s driver’s license, they believed our client was outside of the driving privileges and cited our client for driving under suspension. If convicted of driving under suspension, mandatory jail time would result.

Our Defense: During cross examination, the police officer was found to be incorrect regarding several initial statements. As an example, the officer testified that our client failed to provide any paperwork or documentation. However, when we handed the officer the actual ticket, it clearly indicated that our client provided insurance information. The officer then began fumbling through the remainder of the testimony. We requested the officer explain our client’s driving privilege terms for the Court and simultaneously provided a map to the officer. The police officer was forced to agree our client was allowed to be driving exactly when and where the accident occurred. A Not Guilty verdict was rendered.


Robbery, Burglary and Assault

State of Ohio, Hamilton County

Dismissal

Case History: Our client resided in an apartment complex. Each building contained several apartments with common areas such as a laundry room. Our client was accused of confronting another tenant in the building’s laundry room. During this confrontation our client was accused of taking jewelry and money from the accuser.

Our Defense: We carefully reviewed the details of the allegation. Specifically, there were several statements, both oral and written, provided by the accuser. The details of which were not logical. As an example, the accuser did not report the matter for several days and when the incident was reported, the accuser could not identify our client. Our client and the accuser also had an amicable conversation the day after the alleged incident occurred. During this conversation, the accuser asked our client if our client saw a woman with red hair in the building the day of the incident. We found two witnesses to this conversation who were prepared to testify at trial. When the police showed up at our client’s apartment to execute the arrest they searched our client’s apartment, but did not find one item of property that belonged to the accuser. Upon our own independent research into the background of the accuser, we discovered the accuser had a history of providing false information to the government, especially as it related to immigration. We aggressively pushed the matter forward to trial. After the accuser was confronted with all the above information, the accuser decided not to pursue the matter any further and refused to attend court. Thus, the matter was dismissed.


Civil Stalking Protection Order

State of Ohio, Clermont County

Protection Order Dismissed

Case History: Our client was a young adult accused of stalking an ex-paramour. In the accuser’s affidavit, it was alleged our client engaged in inappropriate sexual behavior during the so-called stalking. Thus, our client would likely face additional criminal charges for stalking and inappropriate sexual behavior. If the protection order was held valid, there was great probability our client would be facing criminal sex charges.

Our Defense: In reality, the accuser was a mentally unstable person. In fact, it was the accuser who was doing the stalking. The relationship between our client and the ex-paramour had been on and off for quite some time. The accuser’s persistence and dominance was the only reason the relationship would sometimes rekindle. But, our client finally had enough. Once our client called an end to the relationship for good, the accuser retaliated by filing a protection order. If the protection order was granted, it would seriously affect the constitutional rights of our client. In addition, there were lurking threats of additional criminal charges. We aggressively pushed the case forward to trial while exposing the truth behind the allegations. Once our theory was established and the other side realized we were not backing down, the matter was dismissed and the threat of criminal prosecution completely disappeared.


Weapons Under a Disability a Disability/Carrying a Concealed Weapon by a Felon, Identity Fraud

State of Ohio, Jackson County

Dismissal

Case History: Our client was stopped for a traffic violation. The police searched the car and found an old pistol in the trunk. During the stop, our client gave the officers an ID of another person. Our client was a prior convicted felon, so the State initially charged our client with a couple of misdemeanor traffic violations and held him on an unreasonable high bond for several weeks. The police report indicated the possibility of additional charges for having a weapon under a disability and identity fraud; but our client resolved the traffic offenses, was placed on probation, and was released from jail. Several months later the State indicted our client on the felony weapons under a disability and identity fraud charges. Our client never received any notice and was unexpectedly arrested on the warrants.

Our Defense: After the initial discovery was completed, we contacted the State to view the firearm/pistol in controversy. The State was attempting to dissuade us from doing such. We became suspicious and reviewed all court filings in the case. We discovered the prosecutor destroyed the firearm. Also, test firing results for the gun did not exist, so there was no way for the State to prove the object in controversy was actually within the legal definition of a “firearm.” We also looked into speedy trial issues. By the time we were retained on this case, the State had long exceeded the speedy trial deadline. The State ignored this fact and continued to move the case forward seeking a conviction. We immediately filed a Motion to dismiss based upon our client’s speedy trial rights. Once we filed our written arguments we contacted the State to discuss our position in greater detail and aggressively advocate on our client’s behalf. The State conceded and dismissed the case.


Telecommunications Harassment

State of Ohio, Warren County

Not Guilty

Case History: The allegations arose from our client’s ex-spouse. Our client and the ex-spouse were in a child custody battle including contempt allegations in Domestic Relations Court. Our client’s employment was in jeopardy because a guilty verdict would have led to the termination of our client’s job. The ex-spouse alleged our client’s frequent contact was causing severe stress and mental anguish.

Our Defense: Through the discovery process, we received several written allegations the accuser made against our client. To verify the accusations, we subpoenaed the accuser’s cell phone records. After comparing the written allegations with the cell phone records, we discovered the accuser’s allegations were not entirely truthful. As an example, the accuser stated in writing that on a certain day and time our client called incessantly. The records revealed much to the contrary. In addition to the records, during trial we framed our defense around the accuser being a disgruntled ex-spouse using the criminal justice system for a legal advantage in the ongoing custody case. The jury agreed and found our client Not Guilty.


Child Abuse

Commonwealth of Kentucky, Campbell County

No Charges Filed/No Arrest

Case History: Our client was accused of breaking the leg of a six month old child, by forcefully twisting the child's leg. The detective assigned to the case was very experienced with over two decades experience at these types of cases. The detective initially spoke to our client prior to our involvement to arrange for the client to come to the police department and give a formal statement.

Our Defense: After speaking with our client, we immediately stopped all communication between our client and the government/police, including terminating the appointment to give a formal statement. After hearing our client's version of the facts, we researched medical information, both by written research and by speaking to medical doctors, to ascertain potential causes of the break. We presented the detective with our medical findings and requested a response if he could find information to the contrary. He was unable to find a contrary opinion. We then did something quite out of the ordinary with our client: we agreed to let our client speak to the detective and give a statement in our presence. Our firm fully prepared the client for the interview. Our client exhibited complete confidence as every question the detective asked had a positive response due to our preparation. Of course we were entirely involved with the interview including sitting next to our client during the questioning. At the end of the interview, we requested the detective rule our client out of the investigation or rule our client in and provide any and all reasons for such. The detective was forced to exclude our client from the investigation. The entire matter was completely dropped and no criminal charges were filed.


Theft, Probation Violation

Commonwealth of Kentucky, Boone County

Dismissed

Case History: Our client was out shopping with a friend. Both were apprehended by the store's loss prevention team who in turn called the police and accused them of concealing merchandize, passing all points of payment, and attempting to exit the shopping center with the merchandise. Both our client and our client's friend were charged with Theft by Unlawful Taking. In addition, this charge also triggered a Probation Violation for a high level felony. Our client was on probation at the time, but was successfully completing all terms and conditions. These charges had the potential to forever tarnish our client's future.

Our Defense: The defense mainly centered on working with the probation officer. We had an ongoing relationship with both the probation officer and the prosecutor which assisted us greatly. After numerous meetings with both the probation officer and prosecutor, we were able to get the theft charge dismissed and avoid the probation violation completely. The friend/co-defendant plead guilty at the very first court hearing in exchange for no jail time. Our client's case on the other hand took almost one year to resolve favorably. However, the lengthy time period was worth the wait, as all charges were dropped and our client did not have to face a felony probation violation. Our client's life has now been turned around for the better. Our client has earned a business degree, maintained steady employment, and provides support for the family.


Domestic Violence Criminal Case and Domestic Violence Protective Order

State of Ohio, Hamilton County

Not Guilty Verdict after a Trial (Criminal Case)

Dismissal after a Trial (Civil Protective Order Case)

Case History: Our client was in a relationship with a woman for several years. They would often break up and then get back together. The accuser was making demands of our client to get married when our client was interested in severing the relationship completely. Initially the accuser alleged our client assaulted her in his truck by slamming her face into the dash of the truck. Approximately one week after this allegation, the accuser alleged our client forced her to perform oral sex on him. The accuser then filed a domestic violence civil protection order against our client making allegations of forced oral sex as well as assault. Not only were criminal charges brought against our client based on the assault allegations, but our client was also forced to defend himself in a civil setting for the protective order.

Our Defense: At both trials we employed a two prong defense. First, the accuser had a motive to lie. Second, the actions of the accuser, after the alleged domestic violence and sexual assault, were not actions of a person who was a victim of a crime. Basically, the accuser's text messages, emails, phone calls and other electronic communications were gathered. Our team created a timeline of all the communication. After that, we inserted the timeline of her allegations. When a comparison of the timelines was made, a person who was battered or sexually assaulted would not make the type of statements the accuser made. Her conduct was inconsistent with her words. Also, we exposed a motive for the accuser to lie. If the accuser was found to be a victim of domestic violence, she was eligible for certain Federal benefits that she was actively seeking. Finally, after searching through numerous documents for our client, we discovered that we could prove the truck where the alleged domestic violence occurred, was actually not running and in the repair shop. She told a story about being beaten in a vehicle that was actually not running at the time and was instead being repaired. After both trials, our client was fully exonerated as he was found not guilty of the crime of domestic violence and the domestic violence civil protective order was dismissed.


Rape, Incest, Sexual Abuse of a Minor

Commonwealth of Kentucky / The Cabinet (DCBS), Kenton County

Trial, Decision of Judge to Dismiss Our Client from the Case

Case History: Our client was accused of molesting his minor daughter over a period of ten years. The Kentucky Cabinet filed Dependency, Neglect and Abuse charges against our client specifically alleging sexual abuse of the child. The Cabinet was encouraging our client to make an admission to the abuse finding. We refused to agree to any finding against our client and proceeded to trial.

Our Defense: We showed how the child gave conflicting stories that were against basic principles of human sexuality. Basically, her stories did not make any sense. We also showed the Court how the child had a propensity to lie often to either gain attention or in an attempt to exculpate herself from wrongdoing. In this case, it was obvious both motives applied. During trial, at the end of the presentation of evidence by the Commonwealth/The Cabinet, our client was dismissed from the case. It was determined that the child did have behavioral issues but these issues were not in any way caused by our client.


Rape, Gross Sexual Abuse

State of Ohio, Warren County

Investigation Terminated, No Arrest of Our Client

Case History: Our client was accused of having sex with his 16 year old daughter. This sexual abuse was supposed to have occurred since the child was 6 years old. This allegation arose in Kentucky based upon actions that supposedly happened in Warren County, Ohio.

Our Defense: Our client denied any such act or acts ever occurred. When the police investigated, we requested they look at other evidence first before turning to our client. Specifically, our client had another daughter who was two years younger than the accuser. This daughter stated her father was never improper with her and was a loving father (who she missed because she was separated from her father because of these allegations). She also said she never witnessed anything improper between her father and sister. Our client's wife also had two children about the same age who also denied anything improper between themselves and our client. They also denied ever seeing anything improper. We also gave the police this child's mental health history, criminal history and educational history. Those histories showed a child who has engaged in delinquent behaviors in the past and lacks credibility. The police refused to press charges or continue any further investigation of our client.


Domestic Violence Emergency Protective Order

Commonwealth of Kentucky, Boone County

Dismissed

Case History: Our client found out his wife was engaging in extra marital activity. He was upset and threatened to terminate the relationship and immediately divide up all assets. Most property, including their house and land, was his prior to marriage and therefore she was not entitled to those assets. There was bad feelings between them for about a week when he informed her he wanted to separate and end the marriage. The next day she filed for an emergency protective order based upon domestic violence which allowed her to keep his personal property while forcing him to defend himself against untrue allegations.

Our Defense: We destroyed his wife's credibility by showing her actions were not those of someone who was the victim of domestic violence. She had absolutely no injuries and continually attempted to contact our client proving she did not feel threatened or afraid. She sent several text messages that conflicted with her account of the events. She did not report any violence to the police, anyone else of authority, or even her own family or friends. Her Facebook postings were contrary to her allegations as well. We also showed how she was manipulating the justice system for an advantage in the upcoming divorce case. The case was dismissed and our client went back to his home and property.


Prohibited Use of Electronic Communications System to Procure Minor

Commonwealth of Kentucky, McCracken County

Not Guilty

Case History- Our client was a resident of a western state, far from McCracken County, Kentucky, and was accused of soliciting a minor for sex via the internet. He was arrested at his home in the western U.S. and transported to McCracken County to face criminal charges as well as sex offender registration. His life was turned upside down in a moment. However, after retaining our firm, our client was released on bond and subsequently vindicated of any wrongdoing after a Not Guilty verdict was rendered at trial.

Our Defense- Our firm offered a two prong strategy to defend our client. First, we set out to show our client did not attempt to solicit a minor from thousands of miles away. Second, we attacked the information the Commonwealth presented regarding internet communications. We used our technical knowledge of computers and the internet to successfully turn the Commonwealth's "expert" into an expert for the Defendant. We did not even require the use of our own computer expert as the Commonwealth's expert was instead used to the advantage of our client. A Not Guilty verdict was rendered without our client even calling a single witness in his defense.


Felonious Assault

State of Ohio, Hamilton County

Dismissed

Case History- Our client was accused of beating a person with a baseball bat to the point of breaking the person's arm. Our client was a young man who had minimal contacts with the law. He was employed full time, working hard to secure both a trade and a future for himself. After getting our client out on bond, he was able to keep his home and employment during the pendency of the case. After the case against him was dismissed, his life returned to that of a normal young man trying to achieve the American Dream.

Our Defense- Our firm has a great relationship with both the prosecutor and police agency. There were several odd discrepancies we were able to point out regarding the accuser's story. Specifically, there was no motive for our client to get into an altercation with the accuser as the two do not know each other. Our client was also substantially smaller in stature than the accuser. We did convey to the police and prosecutor that our client caught the accuser breaking into our client's home. Our client heard someone at his door and believed it was his girlfriend. He opened the door to find the accuser on his knees with a butter knife trying to pry the lock open. The accuser immediately dropped the knife and fled. The end of the butter knife was bent from being wedged in the door. We kept the knife and photographed the door showing not only pry marks, but also the size and shape of the marks, including the consistency to the bend in the knife. When the accuser was questioned about the knife, his story seemed a bit far fetched and proved unlikely once we investigated his explanation. The prosecutor and police agreed to dismiss all charges against our client.


Rape

State of Ohio, Hamilton County

Not Guilty

Case History- Our client provided security for property containing large amounts of valuable scrap metal. The vast responsibility required our client to live on the property in order to adequately safeguard it. Our client caught a female stealing various items. He obtained her name and address, retrieved all the items from her, and then released her with a warning to never return. She went home, called the police, and claimed he raped her. We took the matter to trial and obtained a Not Guilty verdict.

Our Defense- The defense for this case was simple and straight forward. The accuser had multiple versions of the story which varied significantly. Her actions as a "rape victim" also did not make sense. We proved she was a thief and drug addict who had a motive to lie. She was caught red handed stealing. If our client called the police she would go to jail. If she called the police first, and changed herself from a criminal to a "victim" then our client would go to jail. If our client went to jail, she would also have unfettered access to the scrap materials to support her drug habit. The accuser testified she felt threatened by our client to the point he was going to kill her, yet she returned to the property and began vandalizing it prior to calling the police. We destroyed her credibility when we verified she was a thief, a liar, a drug addict, and a system user.


Kidnapping, Aggravated Burglary, Aggravated Robbery

State of Ohio, Hamilton County

Not Guilty

Case History- Our client was the driver of a car containing three additional passengers. One of the passengers requested our client drive him to a friend's apartment. Once at the apartment, two occupants exited the vehicle to meet the friend. Our client never exited the car. When the two passengers came back to the vehicle they were angry. Upon leaving the apartment complex, they passed a police car and then a second police car that turned around and attempted to stop our client's vehicle. The police video showed the car began to pull over but then continued in its course. The three passengers fled the vehicle. Our client eventually fled the vehicle as the last to exit. Our client was apprehended less than 50 yards away. He had no prior criminal record. Our client, as well as three co-defendants, were arrested for allegedly robbing and kidnapping the "friend" and then burglarizing his apartment. The case was taken to trial and a Not Guilty verdict was rendered on all counts.

Our Defense- It was discovered the "friend's" girlfriend called the police and reported her boyfriend was being robbed in the parking lot. When the police arrived, she stated men came into her apartment after robbing her boyfriend outside and then ransacked the apartment looking for money while holding her, her children and her boyfriend hostage for at least 25-30 minutes. It was discovered that her boyfriend was a drug dealer with a long history of convictions. We filed motions to obtain the 911 recordings and police logs showing all police activity relating to her 911 call. The 911 call came into dispatch at 2:58 a.m. (when our client's friends were allegedly robbing her boyfriend in the parking lot). The police were pursuing our client at 3:04 a.m. This meant that if her allegations were true, the robbery in the parking lot, the breaking into her apartment, the ransacking of her apartment, and the fleeing all had to occur within six minutes. However, she reported to the police that it took a minimum of 25 to 30 minutes. In addition, her story changed dramatically. She initially claimed one of the "robbers" stole $50.00 from her chest of drawers. Later she claimed they stole about $3,600.00 from her. The police did not discover property belonging to the accusers in the car or on any of the defendants. There was evidence seized from the car and our client that at trial we proved was in fact our client's own property. Her credibility was destroyed at trial. It was also discovered at trial that the two passengers were involved in a drug transaction with the "boyfriend." The "boyfriend" stole their money and hid in the apartment. The police were called to make all four men leave the complex. Our client had absolutely nothing to do with the drug transaction and never left his vehicle. Our client was vindicated and continues to have an unblemished criminal record.


Prohibited Use of Electronic Communications System to Procure Minor

Commonwealth of Kentucky, Bourbon County

Case Dismissed

Case History: Our client was charged with Prohibited Use of Electronic Device as means to induce a minor to engage in sexual or other prohibited activities. This was a sting operation set up by the local police department in Bourbon County, Kentucky. Our client was arrested with about 20 other people, all of which were charged with essentially the same crime. Every case arising from this sting operation resulted in a conviction, except our case. The prosecutor agreed to dismiss the allegations against our client on the eve of trial.

Our Defense- We immersed ourselves in our client's computer information. We have a significant amount of knowledge about computers and computer forensics. We basically became more of an expert on the computer software used by the police agency than the police agency itself. We continued to aggressively push the case forward toward trial and made it clear to the prosecutor the computer forensics contained fatal shortcomings, including solid proof that our client did not commit the alleged crime. After the prosecutor verified the issues we brought up, the prosecutor dismissed the case.


Assault on a Police Officer, Unlawful Imprisonment, Resisting Arrest

Commonwealth of Kentucky, Fayette County

Case Dismissed

Case History: Our client was a college student attending a private house party. The police arrived at the home, but no one at the party was willing to answer the door when the police knocked. The police came to the rear of the house and began looking in the windows. One of the officers eventually broke the door down and arrested our client as he was the first person the officer made contact with once inside. Our client was accused of allegedly holding another student against her will at the party and resisting arrest. Further, when the officer broke through the door he scratched his hand and charged our client with assault on a police officer.

Our Defense: The case was about to proceed to a preliminary hearing. We met with the Commonwealth to discuss possible resolution as our client had no criminal history and desired finality of the case. We pointed out that the scratch the officer received as a result of breaking in a door was not sufficient to prove assault on a police officer. We also provided the prosecutor with photographs from the incident including the broken door and areas surrounding the property such as the fence the police entered to gain access to the rear of the home. In addition, no one was being held against their will at the party. At most, the residents were attempting to prevent those who were intoxicated from driving under the influence. Basically, our client was over-charged for attending a typical college party in which the police were called. Our client agreed to enter a diversion program in which he performed a minimal amount of community service and the case was dismissed.


Receiving Stolen Property, Contempt of Court

Commonwealth of Kentucky, Kenton County

Case Dismissed

Case History - Our client was accused of stealing a television and pawning it for cash. Allegedly, our client stole the television to pay for drugs and was charged with receiving stolen property. In addition, our client was charged with contempt for missing a court date due to circumstances beyond her control.

Our Defense - It was discovered the owner of the television was a drug addict. Not only did he report the television as being stolen to the police, but he also made a claim to his insurance carrier as he wanted the money for it. At the Pre-Trial Conference, we informed the Commonwealth that their case had several flaws. The Commonwealth had no way to prove who owned the pawned television as this was an old case. In addition, the pawn shop was located in another state, so we attacked the issue of jurisdiction. Finally, we explained the situation surrounding our client's contempt charge and provided the prosecutor with proof to back up our claims. The prosecutor agreed and dismissed the case entirely.


Incest, Child Sexual Abuse, Rape

Commonwealth of Kentucky/ The Cabinet (DCBS), Franklin County

Allegations Found Unsubstantiated; Client Was Not Arrested

Case History: Our client was accused by his daughter of having sexual intercourse with her. She was 11 years old at the time. The client's wife, and the mother of the child, immediately took the child to the hospital for a full exam. The Cabinet got involved and attempted to substantiate child abuse allegations against our client. Further, the Cabinet forced our client to leave the residence. The Kentucky State Police began an investigation and attempted to obtain a statement and polygraph test from our client. When our firm was retained, we stopped all contact between the police and our client.

Our Defense: We reviewed all medical evidence and consulted other medical personnel about the likelihood that those results could be from acts described by the child. Basically, there were no medical findings of any sexual activity. An exam would likely have revealed some evidence of trauma given the amount of violence the child alleged was sustained. We also brought forth a prior incident where the accuser made a similar allegation about a boy at school sexually assaulting her. However, the boy did not exist. The child created the story for attention. The Cabinet unsubstantiated the allegations, criminal charges were not filed, and our client did not get arrested.


Sodomy

Commonwealth of Kentucky, Johnson County

Case Dismissed

Case History: Our clients were two brothers that were accused of performing sadistic sexual acts on children less than 12 years of age. The children were one client's daughters and the other client's nieces. They were both indicted on two counts of sodomy. One client was serving prison time for an unrelated incident and refused to leave prison by fighting extradition to Kentucky until we could vindicate him. Both clients adamantly denied the allegations and maintained their innocence.

Our Defense: Both clients had similar defenses. One of them had been in prison for several years in another state. The allegation against him could not have been accurate as he was in another state's penitentiary when the event supposedly occurred. The other client was also several hundred miles away in a different state due to his employment when the event allegedly occurred. We verified our client was in the other state by gathering receipts from his credit card purchases as well as work time sheets. Both indictments were dismissed.


Domestic Violence

Commonwealth of Kentucky, Campbell County

Case Dismissed

Case History: Our client and his live in girlfriend had a toxic relationship. They also had a young child together. After a bad argument, our client's girlfriend called the police and claimed domestic violence. Our client was arrested and removed from the home. His girlfriend then immediately filed for a protective order and custody of their child.

Our Defense: The accuser had no visible injuries despite her description of forceful violence perpetrated upon her by our client. However, our client had numerous scratch marks on his body. She also had a drug addiction issue with pills. We brought to light the timing of her actions as well as the lack of injury to her and the documented injuries to our client. We were able to convince the prosecutor that the accuser was making the domestic violence claim in order to gain an advantage in a custody dispute with our client. Our client was also engaged in counseling as this child was his first and only child and he wanted to be a good father. Once we provided proof of our client's counseling sessions, the prosecutor dismissed the charges.


Possession of Drugs and Drug Paraphernalia

Commonwealth of Kentucky, Kenton County

Case Dismissed

Case History: Our client was on his way home from a concert. He stopped at a fast food restaurant to eat and get some rest prior to driving home as he lived several hours away. He woke up to find police officers with canines around his car. The police alleged our client was acting suspicious by sleeping in his vehicle in the restaurant's parking lot. He was searched and charged with possession of marijuana and drug paraphernalia.

Our Defense: Our client had no criminal history and was a contributing member to society. He was a college student and maintained full time employment. An agreement was made with the prosecutor to dismiss the case if our client entered a diversion program and performed minimal community service. Our client did so and the case was dismissed.


Felonious Assault and Child Abuse

State of Ohio, Miami County

Not Guilty

Case History: Our client was a young father who was accused of child abuse. Our client was accused of twisting his infant son's leg to the point of breaking it. Our client denied ever harming his child. The case went to trial.

Our Defense: Our client gave a statement to the police which on first blush seemed to implicate him. However, we decided to keep the statement in evidence. During our client's police interview, the police continually put heavy pressure on our client to be remorseful and even convinced our client to write a letter to his son to read in 20 years. Our client continually showed great emotion for his son's injury as any parent would, but he never agreed with the police that he actually harmed his son. The State attempted to show our client as a monster who twisted his son's leg to the point of breaking it. We showed our client as a distraught father who would do anything for his son. The State brought in a medical doctor to bolster their case. However, this doctor was heavily discredited through our cross examination. We showed the doctor to be testifying more on emotion than on medical facts. We used the doctor's testimony to show how there were numerous possible causes of the child's injury and the scenario posed by the State involving our client was highly unlikely. The verdict was Not Guilty on all counts.


Sexual Abuse of a Minor

Commonwealth of Kentucky/ The Cabinet (DCBS), Fayette County

No Charges Filed

Case History: Our client was accused of molesting his girlfriend's 13 year old daughter. The child made a statement alleging our client placed his hands in her pants. Both the Kentucky State Police and the Cabinet immediately got involved.

Our Defense: As soon as our client contacted us we intervened immediately on his behalf. We contacted all government agencies involved and forbid them from speaking to our client. We informed those same agencies that our office would be speaking on our client's behalf. First, we obtained all information on the allegation to see if it was possible to discredit the statement. Our office discovered the child said there was no sexual touching involved. The actual statement the child supposedly made never became clear, but our office made it clear that there was no sexual contact. Our client was vindicated from all wrong doing and no criminal charges were filed.


Assault in the First Degree and Robbery

Commonwealth of Kentucky, Kenton County

No Charges Filed

Case History: Our client had a party where several of his friends attended. All those who attended the party were drinking alcohol. At some point, the accuser stumbled and fell. When he got up, he was bleeding in the stomach area. He was taken to the hospital where he informed police that our client was intoxicated and became angry resulting in our client stabbing the accuser. The accuser also stated that our client took the accuser's wallet after the stabbing.

Our Defense: Once our client was informed of the allegations, he contacted us immediately. The police were in route to speak with our client. We contacted the police and informed them not to speak with our client and that we would speak on his behalf. We informed the police that we disagreed with the allegation especially after speaking with witnesses to the incident. We discovered the accuser was heavily intoxicated. The accuser stood up from his chair, stumbled, and fell down on the cement patio landing on his beer bottle thus cutting his stomach. Our client remembered picking up glass with blood on when he cleaned up after the party and threw it in the trash. We informed the police about the bottle and showed them the broken glass. We also told the police the accuser was heavily intoxicated. The police declined to file charges against our client.


Incest

Commonwealth of Kentucky/ The Cabinet (DCBS), Rowan County

No Charges Filed

Case History: Our client married a woman who had three children from a previous relationship. One of these children was an adult female. It is alleged our client began a relationship with the adult female daughter of his wife after they separated. The adult daughter gave birth to a child. The baby of the adult daughter was allegedly the child of our client. Both the Kentucky State Police and The Cabinet got involved in the case. The police were pursuing our client for the crime of incest. Even though the daughter of his wife was a consenting adult and not biologically related to our client, Kentucky law deems sexual relations with any step-child, even an adult, to be criminally incestuous.

Our Defense: The two other children of our client's wife denied ever being sexually abused or involved with our client. There were no allegations of our client being in any way physically improper with children. We therefore eliminated The Cabinet from the investigation. The Kentucky State Police were attempting to obtain DNA samples from our client and the newborn child. We refused to provide the DNA sample absent a court order. When the Kentucky State Police were attempting to get the search warrant, we provided them with evidence that our client resided in another state. We informed the investigating officers that, even if they could show sexual relations occurred between our client and the adult step-daughter, they could never prove such acts occurred within the Commonwealth of Kentucky. The other state in which our client resided does not have the crime of criminal incest. The investigation of our client stopped and no charges were filed.


Sexual Abuse of a Minor

Commonwealth of Kentucky/ The Cabinet (DCBS), Madison County

No Charges Filed

Case History: Our client was accused of sexually abusing his granddaughter. The Cabinet and the Kentucky State Police became immediately involved. Our client was scheduled to give both a statement and a polygraph test to the Kentucky State Police the day after our office was retained as well as be interviewed by the Cabinet. Our client denied the allegations completely.

Our Defense: We immediately notified all governmental agencies of our involvement in the case. At that time we cancelled the scheduled statement, polygraph, and interview. We informed both the Cabinet and the Kentucky State Police that we would investigate the allegations before taking any action or making any agreements with them. After we investigated the case, our office determined there was not enough evidence to arrest our client. The police needed an incriminating statement from our client in order to make an arrest. We declined to have our client make any statements and asked all government agencies to cease all contact with our client. The police did not have probable cause to arrest our client and the matter was terminated criminally. Our client agreed to stay away from his granddaughter and The Cabinet had no further interactions with our client.


Sexual Abuse of a Minor

Commonwealth of Kentucky, Jessamine County

No Charges Filed

Case History: Our client was accused of sexually molesting his niece. The allegation came from the ex-wife of our client's brother. It was alleged that our client made the child view pornography and perform oral sex on one occasion five years ago. Our client denied the allegations and no one in his family believed the accusations including his brother.

Our Defense: The Kentucky State Police contacted our client to schedule an interview. Our client retained our firm before the scheduled interview. We immediately cancelled the interview and informed the Kentucky State Police that our client would only communicate through our office. Our office began an investigation into the allegations and found the child's mother, the ex-wife of our client's brother, was in a domestic dispute with our client's brother. Our client helped his brother out financially throughout the dispute. We showed the Kentucky State Police the timing of the allegations, which were over five years old. The Kentucky State Police knew they did not have enough evidence to arrest our client and they did not want to be involved in a domestic court case. The case was closed against our client and no charges were filed.


Sodomy

Commonwealth of Kentucky, Mercer County

No Charges Filed

Case History: Our client was an elderly gentleman in bad health. A man in his late twenties accused our client of molesting him approximately 10 years prior. The accuser alleged that he performed yard work for our client during the summer months while in high school and our client molested him during this time.

Our Defense: The accuser had known our client and his family for many years. The accuser was a drug addict who made several requests for money from our client. These requests were oral and in text message form. Our client refused to give the accuser money. The accuser began aggressively pursuing our client for monetary demands and threatened disclosure of alleged sexual abuse. Our client retained our firm to stop the threats and allegations. Our office gathered background information on the accuser including his criminal records. Our office contacted the accuser and made it clear that our client fully intended to defend himself against both the allegations and the extortion if he did not cease his conduct. The accuser stopped all harassment and communication with our client. No criminal charges were filed against our client.


Rape, Gross Sexual Imposition

State of Ohio, Butler County

Client arrested but Failure to Indict

Case History: Our client was at a friend's house when a female friend of the homeowner came over to visit. The three of them had dinner while at the home. After dinner, our client and the female began drinking alcohol. The homeowner had another engagement so our client and the female left. The female accuser said our client offered her a ride to ensure she got home safely. She alleged they both went into her apartment, but she was heavily intoxicated to the point her ability to physically resist was substantially impaired. She claimed our client came into her bedroom and forced himself upon her after she repeatedly refused. Our client was arrested and charged with rape. His friend, the homeowner, immediately contacted us to retain our services.

Our Defense: As our client was already arrested, our initial focus was to beat the case at the preliminary hearing or grand jury. Our office requested the homeowner gather the whiskey bottle our client and the accuser were drinking from. The homeowner marked how full the bottle was when the drinking began (it was nearly full). Our client and the accuser drank almost ¾ of a bottle of whiskey. The homeowner also informed us that the accuser was flirtatious with our client and it seemed they wanted to continue getting to know each other that evening. When the homeowner, our client and the accuser were leaving, a neighbor came outside and started talking with them. The neighbor did not know our client or the accuser, but the neighbor believed they were in a relationship based on their actions. The neighbor also informed us the accuser happily got into our client's car. All this information was given to the State of Ohio. Our legal defense strategy was one of consent. All information our office gathered showed consensual conduct of the accuser. The State of Ohio failed to indict our client and the matter was concluded.


Robbery

State of Ohio, Warren County

Client Arrested but Dismissed at Preliminary Hearing

Case History: Our client was an exotic dancer as was her friend. Both our client and her friend went to an appointment for a private dance. There was a male escort with our client and her friend for safety purposes. The friend and the escort went into the private home while our client waited in the car. Our client was only attending as the driver and not as a dancer. After a brief period of time both the friend and the escort returned to the car and our client drove away. They were all stopped shortly thereafter by the police for allegedly robbing the homeowner. Our client was charged as an accomplice for being the "get-away-driver". At the arraignment, the judge noticed our client had a significant drug history. The judge asked our client what drugs would be in her system if she were drug tested and our client did identify a few of drugs. When she was drug tested, the drugs she identified were not present in her system, however she tested positive for a serious narcotic drug which she did not disclose. Despite the drug issue, we were able to get her released to her mother's custody on bail as long as she agreed to remain drug free. The matter was set for a preliminary hearing.

Our Defense: At the preliminary hearing, we were able to establish two essential facts which destroyed the State's case. First, even if there was a robbery, the State had no evidence to show our client knew a robbery was going to occur. There was no firearm or weapon used and our client knew her friend and the escort did not have any weapons. Second, we were able to establish the only money the client's friend had was the amount paid for the dance. Our defense was that the accuser became disgruntled when looking for more than just a dance and our client's friend refused anything further. When the accuser was rebuffed, he demanded his money back, so the dancer and male escort left the premises. The matter did not survive the grand jury and the case was dismissed.


Gross Sexual Imposition

State of Ohio/ Jobs and Family Services (Child Protective Services), Montgomery County

No Charges Filed

Case History: Our client was living with his girlfriend and his girlfriend's teenage daughter. The teenager made an allegation that she was molested by our client. Our client not only disputed the allegation but he did not take the allegation seriously. Child protective services demanded the mother bring the child to them immediately to be "forensically interviewed". Our client drove the mother and the teenager to the scheduled interview thinking this matter would be quickly terminated and he would be vindicated. He accompanied his girlfriend and the teenager to the office. Child protective services demanded he leave the premises. He complied, again thinking he would be vindicated. While waiting in his car he began surfing the internet about false allegations. He found our web site and contacted us, mainly out of curiosity as he did not take the allegations seriously. We explained the serious nature of the allegations even if completely untrue. We described for him in great detail all the things that were about to occur. He listened to what we said and told us he would contact us if he needed anything further. Over the next 48 hours his life turned upside down and everything we predicted would happen did happen. Our client called us back and retained our firm.

Our Defense: As about two days lapsed from the time he initially contacted us to when we were retained, our client was already removed from his own home. We informed him that our priority was to prevent any criminal charges from arising. If he was charged criminally, life as he knew it would cease to exist. He was scheduled to give statements to police detectives and child protective services. When we were retained, we cancelled both appointments for our client. The police searched his home and took various items which they considered evidence. The police and child protective services refused to give us or our client any details regarding the allegation. We, in turn, refused to provide them with any information as they were withholding even the basics of the allegation. The situation stagnated as no incriminating evidence was found. This stalemate was in our client's favor as they had no evidence to support the allegation. Our client was able to move back into his home and secure his possessions again. No criminal charges were filed against our client.


Unlawful Use of Electronic Device to Induce Minor

Commonwealth of Kentucky, Pendleton County

No Charges Filed/No Arrest.

Case History: Our client sent text messages and telephone calls to his minor daughter's friend. These communications were of a sexual nature. The minor's parents found the text messages and contact the Kentucky State Police. Both the Kentucky State Police and The Cabinet began an investigation to charge our client with the use of an electronic device to induce a minor into sexual activity.

Our Defense: We immediately intervened on our client's behalf and severed all communication between the government and our client. Our client had multiple cell phones and we had them forensically examined so we could determine the content of the messages. We discovered that the cell phone owned by the minor had technical issues and was unable to store amounts of data (however some text messages were still able to be retrieved). We were requested by the Kentucky State Police to turn over his cell phone. We refused this request absent a warrant. We made it clear to the Kentucky State police that our client's family had numerous cell phones and it would be difficult, if not impossible, to prove who sent any of the text messages. The combination of issues we presented the Kentucky State Police and The Cabinet dissuaded both agencies to stop the investigation.


Incest, Sex Abuse

Commonwealth of Kentucky, Martin County

No Charges Filed/No Arrest

Case History: Our client's 15 year old step-daughter accused our client of inappropriately touching her. The minor informed a friend at her school of the touching who in turn told a school official. The Kentucky State Police and The Cabinet began an investigation.

Our Defense: The child was forensically interviewed by The Cabinet. A Kentucky State Police Officer was observing the interview. The child also was given a physical exam by a medical doctor and a SANE (sexual assault nurse examiner) nurse. The results of both examinations did not confirm or deny any allegations. Both agencies requested additional time and examinations of the child. After we became involved, we refused additional contact with the minor arguing that pressing for additional information would not only produce even more inconsistent results but that the examinations themselves were mentally destructive to the child. Basically, we argued that if the agencies were unable to get enough information the first time, how could a second round of examinations possibly clarify anything when so much time had elapsed. We also disclosed to the Kentucky State Police that the child was rebellious and was being disciplined by our client for leaving the house late at night to sneak out with her boyfriend. We told both the Kentucky State Police and The Cabinet that their interference was empowering this child to make more improper accusations to divert attention from her bad behavior. The Kentucky State Police did not file criminal charges. We entered into a stipulation with The Cabinet that the child was "Dependent" and was to receive counseling.


Incest, Sex Abuse

Commonwealth of Kentucky, Scott County

No Charges Filed, No Arrest

Case History: Our client's adopted daughter (young teen) was a discipline problem. One night she ran away. When the police were notified the child was located. The child told the police she did not want to go home because she was being molested by our client. Kentucky State Police and The Cabinet began an investigation.

Our Defense: Our client retained us immediately after hearing the allegation. We met with our client and his family after hours to start our involvement that same day. We contacted both the Kentucky State Police and The Cabinet and severed the communication between our client and these government agencies. Both agencies were requesting a statement from our client. We provided them a written statement, drafted by us and signed by our client, denying any improper conduct. We obtained copies of the child's statements, one from each agency or person whom the child spoke to, and evaluated each statement. We showed the government how the statements contained contradictions with details that should not have been inconsistent. We also provided the child's behavioral history to show how the child was escaping responsibility and punishment by making the allegations. No charges were filed but a stipulation of dependency was made with The Cabinet (DCBS) that the child was in need of counseling.


Possession of Controlled Substance

Commonwealth of Kentucky, Kenton County

Charges Dismissed

Case History: Our client was seen snorting a substance while a passenger in traffic. Police were called and the driver was pulled over for investigation. Our client was charged with two counts of possession of a controlled substance, possession of marijuana, possession of drug paraphernalia and contempt of court (for missing a prior court hearing).

Our Defense: All the drugs (except one) were located in the cup holders between the driver and passenger seats. Our client had one prescription drug on her but we produced a valid prescription for that narcotic from a friend of hers. We argued that it is legal for her to pick up a valid prescription for a third person. We also argued that the drugs in the cup holder could just as easily been the driver's drugs. The prosecution dismissed all charges except one drug charge. However, the agreement was made that if our client did not pick up any additional charges for a two year period, the final charge would be dismissed. The two years elapsed and the final charge was dismissed.


Cultivating Marijuana

State of Ohio, Ottawa County

Motion to Suppress Granted and Affirmed on Appeal

Case History: Our client was in his home when police knocked at his back door to investigate reports of a marijuana grow. The police ultimately entered our client's home alleging they saw marijuana being destroyed in the basement of the home. Previous defense counsel held a suppression hearing and the court denied the motion. Our client had surveillance/security video which the police confiscated and refused to return to our client even through proper discovery. After we were retained on the case, and after the previous motion to suppress was denied, we immediately went to the judge and demanded the video be turned over and the judge agreed. We retained an expert to open the video (as it was downloaded to a computer type of system). The video disclosed information which was contrary to the testimony the police gave at the motion to suppress hearing. The police also confiscated over $30,000.00 in cash and over $50,000.00 worth of firearms from our client's home after doing the search.

Our Defense: After our firm was retained and we found the video was not turned over, our firm began the process of securing a copy of the surveillance equipment confiscated from our client's home. This proved difficult as the equipment was technologically advanced and the State did not have the means or knowledge to copy the video contained on the equipment. The State continued to stall, but we pushed to view this evidence and the judge agreed. Ultimately, after retaining an expert we viewed the video and found severe discrepancies in the testimony of the officers and what actually happened the day of the search. Our client's Fourth Amendment rights against unreasonable search and seizure had been clearly violated. Our firm filed to reopen the suppression hearing based on this new evidence and our client having been denied due process and a full and fair opportunity to be heard. A reopening was granted by the trial court. Ultimately a second suppression hearing was held and we argued the conduct of the officers in conducting their search was an egregious violation of our client's fourth amendment rights and the State should not benefit from the untruthfulness and egregious conduct of these officers. The trial court granted the motion to suppress all evidence obtained during the search of our client's home. The State then appealed and the Ohio Court of Appeals for the Sixth Appellate District affirmed the decision of the trial court to suppress the evidence obtained in this illegal search. All charges against our client were dismissed and all money and property was returned to our client.


Possession of Marijuana

State of Ohio, Mason County Municipal Court

Motion to Suppress Granted, Case Dismissed

Case History: Our client was stopped by police as there was a report that her co-defendant was trespassing at an amusement park. When the police stopped our client they called in a drug dog to sniff a vehicle owned by the co-defendant in this case. Our client's purse was removed from the vehicle as she was willingly cooperating with the police in apprehending the co-defendant. The drug dog alerted to the vehicle and the police located marijuana inside the vehicle. The police then searched her purse and the police found marijuana and charged the client with possession of marijuana. The co-defendant was charged for this marijuana seized during a legal search.

Our Defense: The police may liberally use a drug sniffing dog on vehicles where there is any suspicious activity. Once a dog alerts to a vehicle, the officers may then search the entire vehicle. Our client's purse was not in the vehicle when the dog alerted to the vehicle. The State argued the police could search the purse because it was inside the vehicle just before the dog alerted to the vehicle. We argued the police may only search the vehicle and the items in the vehicle when the dog alerts to the vehicle. The court granted the motion to suppress the evidence and the case was dismissed.


Possession of Drugs

State of Ohio, Hancock County

Guilty Verdict Overturned on Appeal

Case History: Our client was the passenger in a vehicle traveling on I-75. The vehicle was stopped and searched. A large amount of prescription drugs were found in the vehicle. Both the driver and the passenger (our client) were arrested and charged with possession of drugs. Both defendants were represented by the same attorney at the trial level (not an attorney associated with our firm). Our client was offered a plea bargain with a probation sentence, but declined the offer and both defendants were found guilty by a jury at trial.

Our Defense: On appeal we argued it was ineffective assistance of counsel for our client to be jointly represented by an attorney along with the co-defendant especially at the plea bargaining stage. Our client's Sixth Amendment right to effective assistance of counsel was violated by this joint representation. One attorney could not effectively advise our client regarding a beneficial plea bargain which required our client to testify against the co-defendant which co-defendant also represented by the same attorney. Even though both defendants agreed to joint representation, our argument convinced the Ohio Court of Appeals for the Third Appellate District to overturn the conviction.


Sexual Battery

State of Ohio, Hamilton County

Not Guilty

Case History: Our client had consensual sexual contact with an adult woman. The State alleged this woman did not have the mental capacity to consent and that our client new of this diminished capacity. Our client and the accuser attended the same school. Our client was in the process of applying for government jobs as a firefighter but was denied employment until the case was resolved.

Our Defense: It was our defense that this woman did in fact have the mental capacity to consent and even if she did not, our client did not know of this mental defect. We hired an expert to evaluate the case and determine the ability to consent to sexual contact. However, at trial, we did not need to call our expert to testify as we turned the State's own expert into an expert on our behalf. Essentially, the State's expert was forced to concede under our cross examination that the accuser did possess the mental capacity to consent to sex. We proved the woman did have the capacity to consent sex and our client did not know of any diminished capacity. Our client was found not guilty.


Assault

State of Ohio, Harrison Mayor's Court

Not Guilty

Case History: Our client, the father of a child, was accused of assault by his child's maternal grandfather, for a dispute during an exchange of the child between parents.

Our Defense: We contended these allegations were simply a ploy to gain custody by one parent. The testimony of the accusing parent and grandparent were suspect and we argued this to the court. Further, the State was unable to prove any injuries to the alleged victim. In the end, our client was found not guilty at trial.


OVI

State of Ohio, Hamilton County

Not Guilty

Case History: Our client was stopped for crossing over a line coming into a turning lane, something we all do on a daily basis. The client admitted to having two beers with dinner. The client refused to submit to a breathalyzer test and performed all field sobriety tests administered by the officer. Our client was arrested and charged with driving under the influence.

Our Defense: We focused our defense one two issues. First the State could not prove our client was over the legal limit for blood alcohol content. Second the State could not prove beyond a reasonable doubt that his ability to drive was substantially impaired. Through cross examination of the arresting police officer, as well as pointing to numerous facts shown on the cruiser video, the Court could not find beyond a reasonable doubt that our client was over the legal limit or that he was substantially impaired. A not guilty verdict was rendered.

Tell Us About Your Case

We Offer a Free & Completely Confidential Consult

Send My Message