CRIMINAL CASES

DISCLAIMER: Clients always want to know the ultimate question, “Will you win my case?”
While the Ohio State Bar does not allow attorneys to guarantee a result we can detail our past successes.
Below we tell the stories of some of the cases we are proud to have won. Please be aware of a couple of things:
The case results discussed do not necessarily represent the results of all cases.
Not all cases that we have handled are listed here.
While the facts below may seem similar to the facts of your case, the total circumstances of every case are different and we must evaluate each and every case on its own merit

SUCCESS

Criminal Case Results

2020 CRIMINAL
Fake ID, Underage Drinking Charges Dismissed
H.P. was on Ohio State’s campus visiting some friends and was confronted by officers regarding his drinking. He was under 21, and to make matters worse, had a fake id on him. Finally, he was a resident of Georgia—making travel back to court very difficult. We reached out to the prosecutor, found local underage drinking courses for our client, and were able to secure a dismissal of all charges in exchange for court costs, and a program and community service to be done in Georgia. We appeared for him with proof of the service and program, and the case was dismissed without H.P. having to come to court once.backpack. She was arrested and taken to the county jail and charged with a felony. Her family retained Chase and he met with A.B. in jail that night to put her at ease. She was released on a recognizance bond the following Monday. Chase counseled her through her duties as a student to remain enrolled at Muskingum University and began communications with the prosecutor. He had A.B. complete a substance abuse assessment and petitioned the court for Intervention in Lieu of Conviction. The court agreed to the request and our client successfully completed ILC and avoided a felony conviction and had the charges sealed.
Mistrial on Vehicular Homicide
Conviction of Vehicular Manslaughter Leads to No Jail: By their nature, regardless of verdict, Vehicular Homicide offenses premised on negligent driving rarely leave anyone happy. These cases typically involve good people, no drugs or alcohol, and a tragedy that could happen to most folks. Such was the case here. D.C. was on his way to work, went to pass a slow-moving vehicle, and the decedent’s vehicle coming the other way came in view. Tragically, both took the same exact evasive action, and they collided head-on just off the roadway. Not receiving any offer or sentencing recommendation, we took the case to trial, focusing on the more serious offense of vehicular homicide. Frankly, it was a difficult case—but after consulting an expert, we had the tools needed to cross the officer responsible for analyzing the crash site—and exposed his work as lacking. The jury had the case for hours, and ultimately could not come to a decision on the homicide charge, while convicting on the lesser manslaughter. The state agreed not to retry the case. After referencing the uncertainty the jury had with the more serious charge, the Judge gave D.C. a 30 house-arrest sentence with no actual incarceration.On a trip back to visit his alma mater (The Ohio State University), our client perhaps had too good of a time. After the police found him passed out on the sidewalk, they were able to wake him and determine his level of intoxication. He was arrested and later released to sober friends. We were able to negotiate a dismissal of the charges less than 30 days from when it happened. M.H. kept his record clean and avoided any negative employment consequences.
Felony Weapons Charges Reduced to Misdemeanors:
Aggravated Menacing Charges Dismissed
Our client had contact with officers and freely disclosed he had two firearms in his vehicle, including an AR-15 hanging off the back of a seat. He previously had a CCL, which would have permitted him to lawfully transport the weapons. Unfortunately, he had let it lapse, and he was charged with two fourth-degree felonies. Our client had no criminal history and was an avid sportsman—a felony would have been a problem. We were proactive and contacted both the prosecutor and detective prior to the case getting indicted. The detective was agreeable to the offense being lowered to misdemeanors as opposed to felonies, and the prosecutor agreed as well. We plead to the amended misdemeanors, and our client may still lawfully possess firearms.
Slew of Misdemeanor Charges Dismissed or Amended After
Confrontation with DeputyFelony Theft and Identify Fraud Charges Dismissed
R.R. was traveling with his children when he got into an accident with an undercover deputy in an unmarked car. The deputy claimed our client was traveling at a high rate of speed and clipped him; R.R. stated the deputy pulled into traffic and was at fault. Adding to our credibility, R.R. drives for a living and had an App showing he was doing 16 MPH at the time of the accident. High rate of speed indeed. The situation became heated, the deputy drew his firearm, and R.R. chose the only logical move at that point, which was to take his children home and away from the situation. A crew of deputies descended upon his home, and he was charged with hit skip, failure to comply, two counts of child endangering, obstruction of official business, reckless operation, and improper passing. After extensive negotiations, the prosecutor was sympathetic to our case, and agreed amend the obstruction charge to a disorderly conduct, and in exchange for pleading guilty to that offense and the minor misdemeanor passing charge, all other charges were dismissed. Crucially, the prosecutor also agreed to recommend to the court a sentence of “time served,” which would result in no additional punishment. Though we did want to get that deputy on the stand, the deal was too good to pass up for R.R., particularly in the light of his CDL. The judge followed the joint recommendation, and he did not have to serve any time, probation, nor pay a fine.
Professor’s Domestic Violence Charge Dismissed: Felony Theft and
Identify Fraud Charges Dismissed
Our client had a sterling reputation and had never been in trouble in her life. Unfortunately, her husband provoked her into an altercation, and claimed that she threatened him and used a knife to “poke” him on the bottom of his feet. We strenuously denied the allegation, and quickly got a statement from the remorseful accuser stating that not everything that was relayed was accurate. Ultimately, we agreed to an assessment and to pay the court costs, and the case was dismissed. A human resource professional was charged with a felony theft and identity fraud after using another’s identifying information to obtain several credit cards. She sought Chase’s help to avoid any convictions involving a crime of dishonesty. After negotiations, the state agreed to allow her to complete the diversion program if she paid restitution. The restitution was paid and after the period of diversion her case was dismissed.
2019 CRIMINAL
Domestic Violence Charges Dismissed
A local attorney referred M.L. to Chase when she found herself in the Franklin County Jail
accused of Domestic Violence. She was accused of using excessive force against her aggressive sister and was arrested, charged, and taken to jail. Chase helped clear her of any wrongdoing by entering a not guilty plea and promptly setting the matter for trial and preparing witnesses. The case was ultimately dismissed the day of jury trial.
No Incarceration for Vehicular Manslaughter
C.B. was referred to Chase after she was involved in a terrible tragedy and charged of vehicular manslaughter. While pulling into a parking spot, she hit the car in front of her. What would have been a minor accident turned into her worst nightmare: standing behind the car she hit was a gentleman putting away groceries. He was knocked to the ground and ultimately died due to head injuries from his fall. C.B. was approximately 60 years old with an impeccable record. We were able to negotiate a plea and sentence that included a minor fine along with a license suspension and our client avoided incarceration.
Child Endangerment Charges Reduced
A local attorney referred T.D. to Chase when he was charged with Child Endangerment. After admittedly consuming too much alcohol at a restaurant, he mistakenly left his children at the restaurant. He returned home where police later came to question him about the incident. Feeling extreme remorse he immediately owned up to his mistake. Chase entered a not guilty plea on his behalf and began working on both mitigation and preparing a defense. Proving the elements of the offense was going to be difficult and the state agreed to amend the charge to that of a disorderly conduct. Our client completed an alcohol assessment and a parenting class and will have the record of the disorderly conduct sealed.
Criminal Mischief Charges Dismissed
A municipality had D.P. charged with Criminal Mischief alleging his involvement in “off-roading” on public property resulting in substantial damage to the grounds. After several negotiations, Chase effectively negotiated a dismissal of the case.
Assault Charges Dismissed
Nobody ever remembers a physical confrontation or fight the exact same way as the others involved. Emotions, adrenaline, the adrenaline dump, are all factors a human experiences when involved in a violent situation. Our client was no different. He and his brother were involved in a physical altercation with two others. Only our client and brother got charged. The “victim” showed up to court acting confrontational and threatening again. Chase thoroughly evaluated all statements and began building the case for trial. There were essentially 4 stories, nobody knows which, if any, were accurate. Considering the evidence (lack thereof), the case was dismissed shortly before starting jury trial.
Client in Immigration Process has Marijuana Charges Dismissed
L.P. was pulled over for a minor traffic violation in Pickerington when the officer noticed
marijuana in plain sight. He was cited for the traffic violation and charged with illegally
possessing a controlled substance. Concerned about maintaining a clean record throughout his
naturalization process, he retained our firm to represent him on these charges. We were able
to negotiate a dismissal of the marijuana charges in exchange for a plea on the minor traffic
offense.
Burglary Charge Reduced, Young Defendant Given Diversion
Our client, who is 18 but still in high school, was accused of breaking into an ex-boyfriend’s home and stealing several items. The offense was charged as a second degree burglary, carrying a presumption of prison for 2-8 years. Further, due to the seriousness of the charge, she was not eligible to participate in the prosecutor’s diversion program. Fortunately, after speaking with the prosecutor, he had empathy for our client’s situation, and agreed to amend the offense to a lesser charge so she would be eligible for diversion. She was accepted into the program, and given the opportunity to have the case dismissed in its entirety so she can enter her adult life unencumbered by a criminal conviction.
Probation Given in High Profile Sex-Offense Case
National exposure can complicate a case, and that was the case when our client was accused of multiple counts involving child pornography, leading to his face being shown on news sites around the country. Luckily, our client had done a remarkable number of good things in his life, and many loved ones supported him. We put together a strong mitigation package, and in spite of the cameras and presumption of prison time, we convinced the judge that probation was the proper outcome. Our client was given a 90-day local sanction instead of the 19 possible years he had been facing.
Man Found Not Guilty of Attempted Murder by Reason of Insanity
In one of the more tragic cases we have handled, our client suffered a psychotic break at a terrible time and attacked his roommate by stabbing her in the neck. He had no prior criminal history whatsoever, and no motive existed as to why this happened. To make matters worse, he was also charged with a first-degree felony for swinging a knife at an officer on scene. Over a long period of time, he received in-patient care at Twin Valley Behavioral Center, and slowly but surely began to regain his mental faculties. The doctor evaluating our client agreed that he did not understand that what he had done was wrong, and that he was affected by a mental illness. He was found not guilty by reason of insanity and is still getting the care he needs in a civil commitment center.
Obstruction Charge Dismissed and Sealed
A.S. was driving her car in a lawful fashion when an officer pulled her over after mistakenly believing her vehicle had committed a traffic violation, when in fact it was a different car. After voicing her displeasure, the officer handled the situation in an entirely unprofessional manner and cited her with the criminal offense of obstruction of official business. Prior to the first pre-trial date, the prosecutor reviewed the DVD of the stop, agreed that it was inappropriate on the officer’s part, and unconditionally dismissed the case. We filed to seal the charge itself, which was granted without issue.
College Athlete has Fictitious ID and Underage Drinking Charges Dismissed
Our client, a lacrosse player for Ohio State, was a passenger in a vehicle that had been pulled over. After engaging with the Trooper, he was found to have multiple fake-ID’s on him, and to make matters worse he had been drinking though he was not 21. After engaging in negotiations with the prosecutor, it was agreed that he would complete 16 hours of community service, and have the case dismissed for payment of court costs.
Felony Drug Offense Dropped to Misdemeanor
Our client was caught at a pharmacy attempting to acquire a controlled substance with a fake prescription. We jumped in front of the situation prior to the indictment, addressed any underlying issues, and contacted the prosecutor ahead of time to lay the groundwork to a successful resolution. Shortly after the case was indicted, the prosecutor agreed to amend the offense to a misdemeanor, keeping our client’s record free from felonies.
Student’s Assault Charge Amended to Disorderly Conduct:
There had been long simmering tension between our client G.H. and another student over the other student’s inappropriate conduct with G.H.’s boyfriend, and it came to a head at a chance encounter at a local store. Both girls were coincidently there, and the accuser provoked G.H., who then punched her. There were several witnesses to the encounter. The state’s case was strong, and there was no legal justification for our client’s actions—but with that said, she was a truly sympathetic defendant, and we were able to convey to the prosecutor that she was deserving of a measure of mercy. The charge was amended to a disorderly conduct, and G.H. has the opportunity to get this charge sealed in the future.
Columbus Man has DV and Menacing Charges Dropped to Disorderly Conduct
After a long night of consuming copious amounts of alcohol, A.Q. and his girlfriend got into an altercation at her apartment. The accuser called police, and while on the phone with them, our client could be heard in the background supplying the state much of the evidence they would use against him. He was arrested and charged with two counts of Domestic Violence, Assault, and Aggravated Menacing. First, we attacked the counts dealing with physical violence, and showed the prosecutor that those charges could not be proven. Then, we focused on the crux of the problem: alcohol abuse. Our client agreed to prove he could be sober through a SCRAM device for a period of time, and in exchange, three charges were dismissed, and the remaining was dropped to a minor misdemeanor. He paid $50 and costs and will be eligible to seal the case one year from the plea.
Fairfield Domestic Violence Allegation Dismissed
In a domestic argument, J.W.’s significant other called the police, alleged he made a threat, and asked police to come and remove him. Or so the police report said. In actuality, in listening to the call, she never claimed a threat was made, and was actually rude and unreasonable with police dispatch. We contacted the prosecutor ahead of time, showed him the errors officers made, and after recognizing the problems with the case dismissed all charges at the first pre-trial. The case was sealed shortly after.
Nurse’s Theft and Assault Charges Reduced to Single Disorderly Conduct
D.M. got in an altercation with a bartender which got physical, and she got the better of the fight. The accuser called the police, and also alleged that her phone was stolen by D.M. Upon our investigation, we learned that a video existed—at least for a time. But the bar owners observed the accuser drinking and stealing—or, in the accuser’s words, putting money in her pocket to put in the register later—and the video never saw the light of day. In light of this, we were able to negotiate, against the accuser’s wishes, a plea to a disorderly conduct and no jail time.
Gun Specification Dismissed
Columbus Police responded to a domestic altercation and found C.J. leaving the Though it was a third-degree felony carrying a presumption of prison—and the state argued for a prison sentence—we scene of the incident. They seized him, searched him, and found cocaine. They proceeded to search the home as well and found two firearms. These were a particular problem, because if convicted of a gun specification, he’d be facing a mandatory minimum sentence of one year in prison. We filed a motion challenging the search, and leveraged lack of evidence tying our client to the firearms. The prosecutor agreed to dismiss the firearm specification along with a felony dangerous ordinance charge. We argued sentencing to the judge regarding the remaining drug charge. successfully persuaded the judge that C.J. had turned his life around and was worthy of probation.
Soliciting Charge Dismissed
Our client was in Franklin County for work, responded to an ad, and got caught up in a sting. We immediately reached out to the prosecutor, leaned into the fact that our client did not have a criminal record, and successfully negotiated a dismissal of the charge in exchange for a one-day educational course and court costs.
Rape Charge Amended Resulting in No Jail or Registration
An allegation of rape was levied against our client L.M., and while we disputed the charge, the state had a strong case—police were called while our client was still in the room, and he fled the scene while the call was still being recorded. Nonetheless, we mounted a defense and engaged in thorough negotiation. Prior to trial, the prosecutor agreed to amend the first-degree felony rape charge to a third-degree abduction offense and leave sentencing to the court. We successfully argued for probation, and L.M. left court a free man. Finally, the case was amended to a charge that did not carry any sex-offender notification.
Domestic Violence and Menacing Charges Dismissed
J.P. had a public dispute with his wife around the Ohio State campus, and police were called. Upon talking to witnesses, they used his alleged threats to bring domestic violence and menacing charges. The problem for the state was that they needed to prove both that threats were made, and those threats caused another to believe they were in fear of harm. This was a serious problem in their case, and we used that and an anger management assessment to get the charges dismissed for court costs.
OSU Athlete Has Criminal Charges Dismissed
Our client was a passenger in a vehicle stopped for a traffic violation. Unfortunately, G.W. was under 21 and had been drinking. Additionally, he had two fake ID’s with him. We negotiated with the prosecutor, who agreed to dismiss the case for costs, an underage class, and 16 hours of community service.
Man Facing Presumption of Prison on Drug Charge Avoids Incarceration
E.B. was arrested for an OVI offense, and in the course of the investigation, officers discovered a large number of opiate pills. He was indicted on a third-degree felony, which carried a presumption that, if convicted, the judge should sentence him to a prison term of 9-36 months. This was particularly problematic due to some serious convictions in E.B.’s past. We fought the allegation and filed a motion challenging the legality of the officer’s search, and through negotiations, secured a plea to a fifth-degree felony and a recommendation of probation. The court followed the recommendation, our client did not do a day in jail, and he has fared well on probation.
High School Student Gets Opportunity to Avoid Felony Record
High School Student Gets Opportunity to Avoid Felony Record: D.G., a senior in high school, made an error in judgment and broke into a home of an ex and stole some items. This was out of character for her, for in spite of living in a disadvantaged school district, she had worked hard to set herself up for success. She worked, maintained good grades, and was planning on heading to college after graduating high school After being indicted for burglary—a crime carrying a presumption of 2-8 years in prison and one that is not eligible to be sealed—we impressed her potential onto an understanding prosecutor, who agreed to amend the offense to a lower charge that made her eligible for diversion. Upon successful completion, the charge will be dismissed entirely, and will be eligible to be sealed
2018 CRIMINAL
Education Major Avoids Felony Drug Convictions
A Muskingum University sophomore studying Education was pulled over on a country road for numerous traffic violations. The trooper smelled the odor of marijuana and a passenger
confessed to having marijuana in the vehicle. The occupants were separated and A.B. gave
consent to search the car. During the search, the officer discovered MDMA or “Molly” in a
backpack. She was arrested and taken to the county jail and charged with a felony. Her family retained Chase and he met with A.B. in jail that night to put her at ease. She was released on a recognizance bond the following Monday. Chase counseled her through her duties as a student to remain enrolled at Muskingum University and began communications with the prosecutor. He had A.B. complete a substance abuse assessment and petitioned the court for Intervention in Lieu of Conviction. The court agreed to the request and our client successfully completed ILC and avoided a felony conviction and had the charges sealed.
Public Intoxication Dismissed for Engineer
On a trip back to visit his alma mater (The Ohio State University), our client perhaps had too good of a time. After the police found him passed out on the sidewalk, they were able to wake him and determine his level of intoxication. He was arrested and later released to sober friends. We were able to negotiate a dismissal of the charges less than 30 days from when it happened. M.H. kept his record clean and avoided any negative employment consequences.
National Celebrity Wrongfully Charged has Charges Dismissed
A national celebrity was wrongfully charged with a criminal offense while performing at a club in Columbus and she was referred to us within hours of her arrest. Chase and Dan began researching the issue hours before court was open for business and convinced the prosecutor’s office to promptly dismiss the charges. The charges were dismissed that day.
Aggravated Menacing Charges Dismissed
A registered nurse was surprised to learn that criminal charges had been filed on her after a recent visit to see her daughter at The Ohio State University. An altercation in the dorm room with a student morphed into more serious allegations after C.Z. left and the police received a one sided story. Not from the area, an attorney from her hometown recommended she retain Chase. After reviewing police reports, witness statements, and taking statements of our own, we scheduled the case for trial. It became exceedingly apparent that this case was a result of an immature student embellishing allegations. We were ultimately able to get this case dismissed for C.Z.
Felony Theft and Identify Fraud Charges Dismissed
A human resource professional was charged with a felony theft and identity fraud after using another’s identifying information to obtain several credit cards. She sought Chase’s help to avoid any convictions involving a crime of dishonesty. After negotiations, the state agreed to allow her to complete the diversion program if she paid restitution. The restitution was paid and after the period of diversion her case was dismissed.
Nurse Avoids Incarceration on Felony Charges
J.G. was a nurse in a facility caring for elder patients. She was charged with several felonies for theft of prescription medication. Unfortunately, this was the second time she was charged with this type of conduct. However, despite being the second time and facing prison time, we were able to negotiate a period of probation with a possibility of the record being sealed.
High School Teacher Receives ILC to Avoid Felony Weapons Conviction
A high school teacher was referred to Chase after he was stopped for an OVI and subsequently charged for having his concealed carry weapon on him while intoxicated. After reviewing his employment contract and investigating our options, we negotiated a plea to the OVI in exchange for intervention in lieu of conviction on the felony weapons charge. N.D. had his felony dismissed and was able to maintain his employment at the high school.
Child Worker Found Not Guilty of Assault and Child Endangering
L.R. was employed at a child care agency, and had to separate one child who was bullying another. A co-worker, who had a personal issue with L.R., reported that she had slapped the child—though we strongly disputed this claim. There was video of the incident, but unfortunately it was not entirely clear. Unwilling to plead to any offense, we took the case to trial, and ultimately, she was acquitted of all accusations. The charges were later sealed from her record.
While in Heated Custody Battle, Domestic Violence Charges Dismissed
While embroiled in a custody battle with his ex-wife, an accusation was brought that P.C. had assaulted his teenage daughter. We fought the case vigorously, and when trial seemed inevitable, the state acquiesced to an offer of dismissing the criminal case over some agreements in the domestic case. After the case was dismissed, we applied to seal the case, and over the arguments of the prosecutor, the judge agreed to seal the charge so it is no longer public record.
Felonious Assault Charge Dropped to Misdemeanor Offense
On campus, a fight broke out between an OSU athlete and another individual at a bar, and while the evidence wasn’t clear as to what role our client played in the interaction, he was indicted on a second degree felonious assault charge along with the principal assailant. Over a period of time, we were able to convince the prosecutors of the truth—that our client’s role in the altercation was significantly less than the other individual’s. The state offered a plea to a misdemeanor, and the trial court did not impose any term of incarceration. Our client will be eligible to have the matter sealed one year after his term of probation is completed.
Marijuana Charge Dismissed
N.S. was pulled over for a traffic offense and cited with a marijuana charge. In part because he had a history of other offenses, the prosecutor was not willing to dismiss the case without a fight. We filed a motion challenging whether the stop and detention were valid, and with that added pressure, the prosecutor agreed to dismiss the offense. It was subsequently sealed.
Felony Improper Handling Indictment Dropped to Misdemeanor
K.A. was pulled over driving her boyfriend’s car, and after Columbus Police Officers deployed a K9 unit and the dog hit on the vehicle, officers searched her car and found a gun. K.A. did not have a carry conceal license, and she was subsequently indicted. We filed and had a motion to suppress, and although we were not successful in persuading the court that there was a Fourth Amendment violation, we did get good testimony that cast doubt on whether she knew the gun was in the car. We obtained an offer of a misdemeanor for time served, which was accepted.
Robbery Indictment Dismissed in Spite of “100%” Identification
Our client, K.H., was at a gas station when a woman came in to use an ATM, and then returned to her vehicle. Two other individuals—somewhat resembling K.H.—followed her outside and robbed her at her vehicle. Our client had nothing to do with the robbery. The victim of the offense, when shown a photo array, stated that she was 100% certain that K.H. was the assailant. Fortunately, we were dealing with a prosecutor and detective more concerned with justice than a conviction, and through patching together several different camera angles and an understanding of the fallibility of witness ID’s, we were able to conclusively demonstrate K.H.’s innocence. His indictment was subsequently dismissed.
Rape Charges Avoided After Grand Jury Presentation
We represented a professional accused of forcibly raping his ex-girlfriend, who happened to be a co-worker. Fortunately, the detective and prosecutor’s office elected to do a thorough investigation before the case was presented to a grand jury to consider charges, which permitted us time to investigate the case as well. We uncovered numerous text messages and emails which cast doubt on the accusations and painted a picture of an ex looking for revenge, not justice. After preparation, our client elected to tell his side of the story to the grand jury, and fortunately they believed him—in no small part because he was the one telling the truth. No charge was ever filed.
Pharmacy Technician Avoids Drug Conviction in Union County
E.J. was pulled over for a speeding offense, and the officer stated he observed an odor of marijuana and searched the car. A small amount of marijuana was discovered in the vehicle, and she was subsequently cited., Marijuana possession cases may be simple to deal with in some circumstances, but in jurisdictions that typically do not deal—and when you are a pharmacy technician—fighting the case becomes critical. As is often the case, we attacked the case on two fronts—first legally, by attacking whether they could prove she knew the marijuana was there, and secondly through mitigation, by showing the prosecutor why they should make an exception for this case and dismiss the offense. After some negotiations, the prosecutor agreed to dismiss the case for costs and some community service, and E.J.’s record remained clean.
College Student Gets Diversion on Felony Assault on Officer
In a college bar in Athens, a series of unfortunate events led J.C. into a physical confrontation with officers, which resulted in a plethora of charges including felony assault on an officer, felony escape, failure to comply, falsification, and resisting arrest. Certainly, what occurred was out of character, as J.C. had no previous criminal record and was a good student. Through discussions with the prosecutor’s office, we were able to garner empathy for our client, and the prosecutor made an exception to their general rule and permitted J.C. to enter into their diversion program. Assuming he meets the program’s requirements and picks up no additional charges, every one of his charges will be dismissed and eligible to be sealed from his record.
Man with No Record Avoids Felony Gun Conviction
In the early morning hours, J.K. was pulled over and cited with his first OVI. To make matters worse, J.K. had a carry-conceal permit, and had a firearm in the vehicle. But for the alcohol he would have been traveling with the firearm legally, however, it is a felony to have possession of a firearm in a vehicle while under the influence. This was particularly problematic for J.K., for a felony would put his employment in jeopardy. We pled the case not guilty, and through negotiations, the prosecutor agreed to amend the felony offense to a misdemeanor along with a plea to the OVI.
After Initial Denial, Man Gets ILC on Felony Gun Charge
T.W., dealing with the perils that accompany addiction, was found in his vehicle after overdosing on what he thought was heroin. After analysis, it turns out that—unbeknownst to T.W.—the substance was actually the much more potent fentanyl. We filed for intervention in lieu of conviction, which would result in a dismissal of the case if T.W. successfully completed a course of treatment and did not pick up any new charges. The state initially objected, and the judge denied the application, based on the drug being fentanyl. Not ready to concede, we insisted on a trial if ILC would continue to be denied. As a result, the state and judge reconsidered, and our client was accepted into the program.
Airport Disorderly Conduct Dismissed
M.C. was flying into Columbus, enjoying a beverage, when he became sick. His sickness progressed to the point that he ended up passed out in the restroom at the airport. Erroneously assuming that he was out due to alcohol, officers cited M.C. with a disorderly conduct charge. M.C. had no record and wanted to keep it that way, so we pled the case not guilty. After negotiating with the prosecutor and disclosing medical documentation, the prosecutor agreed to dismiss the case for a small amount of community service and payment of court costs. Our subsequent motion to seal the charge was granted.
After Tragic Car Chase, Felonious Assault Charges Dismissed for Plea to Lesser Charges
In a complicated scenario, N.C.’s significant other stole a significant amount of money from him and left with her three kids. N.C., understandably not pleased, drove to confront her. Subsequently, there was a high-speed chase, where both vehicles crashed and were totaled, and the stolen cash dispersed all over the scene. Fortunately, no one died. Unfortunately, all children and adults were severely hurt. N.C. was charged with multiple counts of felonious assault, child endangering, and vehicular assault. After extensive negotiations, and in spite of N.C.’s extensive criminal history, we secured an offer of four 4th degree counts of vehicular assault, and a dismissal of the 2nd degree felonious assault and felony child endangering charges. The court followed a joint recommendation to not impose any incarceration and place N.C. on probation.
Sex Offense Reduced to Disorderly Conduct
H.W. was caught up in a sting involving backpage.com and was recorded attempting to solicit sex from an undercover officer. In spite of the evidence, we pled the case not guilty and proceeded to fight the case. The prosecutor’s office had enacted a policy of not amending these charges to an offense that is not related to sexual misconduct; however, our persistence paid off and we were able to get an offer of a disorderly conduct in exchange for a one-day educational class. We accepted the offer, and H.W. avoided having a sex offense on his record.
Assault Reduced to Minor Misdemeanor
Our client, J.P., was involved in a heated encounter on the side of the road with another motorist. During the engagement, the other driver claimed J.P. punched him, and as a consequence he tumbled over a guard rail. J.P. worked at a correctional facility and could not have an assault on his record and keep his job. We made it clear that we would not plead to the charge, and prior to trial the prosecutor agreed to lower the charge to the lowest level that exists—a minor misdemeanor disorderly conduct—in exchange for JP paying the related medical bills. Though the prosecution’s witness was not pleased, we accepted the resolution, and J.P. kept his job.
Obstruction Charge Dismissed
Officers were called out to R.T.’s house on an alleged domestic disturbance. Upon investigating, it was clear no domestic violence had occurred. However, officers did not leave upon R.T.’s request, and a heated situation ensued which ended in R.T. being charged with obstruction. We pled not guilty and argued that the officers had no right to be within the home. The prosecutor eventually agreed to dismiss the case for costs and several sessions of counseling.
Disorderly Conduct and Open Container Charges Dismissed
S.B. consumed a bit more alcohol than he could cope with and was found by Grandview Police. He was later arrested and charged both disorderly conduct and having an open container. We fought the charges and were able to get a quick conditional dismissal while still in arraignment court in exchange for an alcohol assessment, court costs, and some community service.
Archived Cases
Man Found Not Guilty of Vehicular Homicide
Our client, a young man with no criminal record, was operating his vehicle when, unexpectedly, a deer ran into the roadway and he lost control of his car. Tragically, his passenger was thrown from the car and died. After an accident reconstructionist surveyed the scene, officers believed that our client was negligent in his driving, and charged him with vehicular homicide. The case proceeded to jury trial, where the Trooper candidly admitted that our theory of what happened was perfectly plausible. As a result, the case never reached the jury—the Judge granted our motion for a direct verdict of acquittal at the close of the state’s case.
Prosecutor’s Mistake in Trial Leads to Directed Verdict of “Not Guilty”
Proving once again that you never know what will happen in trial until you get there, a prosecutor’s error led to winning the trial without having to put the case to the jury to decide. In the OVI trial, the prosecutor elicited testimony from the arresting officer, but forgot to ask one important question: whether the person he arrested was, in fact, the person in court. After the state rested, we made a motion for a directed verdict of acquittal, which was granted on this basis. As a consolation to the state, we did speak with the jury afterwards, and they indicated that they were very likely going to find our client not guilty.
Drug Trafficking Indictment Dismissed After Suppression Hearing
Traveling home from California, our client was stopped for a turn signal violation and for
following too close. This appeared to be a pretextual stop as our client was an African American driving an expensive vehicle with out of state tags in a rural county. He was charged with multiple felonies and the prosecutor offered 18 months in prison. Chase promptly filed a motion to suppress and began investigating how to show this to the judge. During his research, he was able to use the standardized length of the hashed highway lines to establish the distance between X.Y.’s car and the car in front of him. He also did a calculation of how long the turn signal was activated prior to making the lane change based on a speed of 70mph. During cross-examination, Chase locked the officer into the fact that X.Y. was traveling no greater than 70mph and had him use a stop watch to show the time the turn signal was activated. Chase then locked him in to what a safe following distance was at 70mph and used the video and public documents to establish the standardized length of the broken white lines on the highway. The judge had no option but to agree that there was no turn signal violation based on the math presented and that X.Y. was not following too close based on the evidence presented.
Husband and Father Avoids Criminal Charges
During Child Molestation Investigation
A central Ohio custom home builder was accused of sexually abusing a 5 year old child. Deeply concerned when the accusations arose and a detective contacted him, he was referred to Chase to give him the best possible result. Chase and N.A. met, discussed the accusations, and decided to take a proactive approach before charges were even filed. Chase contacted the detective and arranged for a meeting. In the mean time, Chase arranged for a private polygraph. Upon a successful result, Chase presented this along with N.A.’s statement during the meeting with the detective. No charges were ever filed and we cleared our client’s name.
Rape Investigation Ends With No Charges Filed
Our client was awaiting enlisting in the army when a female accused him of raping her at a
house party. All parties had consumed substantial alcohol, and the alleged victim was also
consuming multiple drugs. L.P. denied the accusations and was referred to Chase by a
prosecutor. After Chase’s prompt investigation, we set up a meeting with the detective and
presented all exculpatory evidence. The detective and county prosecutor’s office considered the information provided and determined a prosecution was not warranted.
Officer avoid Assault & Agg Menacing Convictions
A police officer hired Chase Mallory to defend him on criminal charges relating to an altercation he had with a local resident. J.C. was facing assault (and other) charges carrying up to 180 days in jail along with losing the ability to ever be a police officer again. After months of defending the case, we were able to negotiate a plea to a disorderly conduct with a term of probation that prevented him from acting in the capacity of a police officer during the period of probation. J.C. accepted the plea offer to avoid the consequences of jail and a lifetime inability to work as a police officer if he lost at trial.
Domestic Violence Charges Dropped
A prominent local business owner in Muskingum County was charged with Domestic Violence after an alcohol infused night with his girlfriend. He suffered substantial visible injuries as a result of the physical altercation, but denied being the aggressor. Chase did an investigation of police reports, witness statements, and of the alleged victim. As the case progressed, the prosecutor acknowledged Chase’s defenses and agreed to reduce the Domestic Violence charge to a minor disorderly conduct.
Federal Production of Child Pornography Client Avoids Life Sentence
Our client had a history of child pornography and child sex related offenses. He previouslyserved an 11 year sentence for his conduct in Hawaii. Years after his release, he unfortunately became caught up in the same conduct. This time he was facing a mandatory life sentence in Federal Court for his role in helping to produce child pornography. Throughout months of negotiating, we were able to reach a plea that did not include a life sentence. Our client looks forward to continuing his rehabilitation during his incarceration to avoid any future offenses when released.
Federal Drug Trafficking Conspiracy with Terrific Result
A federal drug trafficking conspiracy landed our client in an Arizona jail awaiting facing hischarges here in the Southern District of Ohio. The family of F.G., deeply concerned, contacted Chase on a Thursday. On Friday, Chase was on a plane to Arizona to meet with F.G. to immediately begin working for him. He was facing in of roughly 20 years for his involvement in a drug trafficking conspiracy that the FBI estimated ran over $15,000,000 in drugs from Mexico, through Arizona and then into Ohio during a 6 month period. Through intensive negotiations and cooperation, Chase negotiated a plea deal that limited his exposure to 5 years and allowed the ability to argue for a lesser sentence at the sentencing hearing. Chase prepared a thorough sentencing memorandum and presented on F.G.’s behalf during sentencing. The judge was convinced that the appropriate sentence for F.G. would be only 24 months, with credit for the time he had already served. Our client was released to his family recently and avoided the nightmare of missing his children’s childhood.
CCW charge dismissed after constitutional violation is found
T.J., mindful of the dangers of texting and driving, pulled over to the side of the road in the early morning hours to text a friend. Unfortunately, he was in a “high crime” area, and officers happened upon him to inquire about what he was doing. Though they did not activate their lights, the officers asked for his license, and used it to run a warrant check. After this point, officers asked if there were any weapons in the vehicle, T.J. handed over a knife, and was charged with carrying a concealed weapon. Dan filed a motion to suppress, alleging that the officers seized T.J. without reasonable suspicion, and the trial court agreed. The City of Columbus appealed, and argued that the offer was “consensual,” as opposed to a seizure. Ultimately a three judge panel agreed with our position, agreed with the trial court, and the case was dismissed.
Jury finds man found not guilty of felony gun offense
A.W. had too much to drink one evening, drove his vehicle, and ended up being arrested for OVI after officers found him asleep at the wheel. A.W. went to court and pled guilty to the OVI on his own—but his trouble had just begun. When the officers searched his car, they found a loaded gun on the floorboard between the two front seats. Worse, A.W. was previously convicted of a felony offense, and was not permitted to be in possession of the firearm. He was charged, and the case proceeded to trial. The defense was straight forward: Defendant was driving his girlfriend’s vehicle, it was her gun, and he didn’t know it was there (perhaps due to his level of intoxication). In spite of the jury hearing that he had the disability, they sided with our story, and found A.W. not guilty.
Appellate court overturns convictions
A.A. was pulled over for not using his turn signal to turn into his apartment parking lot, and the officer noticed about a pound of marijuana on the floorboard of A.A.’s car. He was placed under arrest; however, a dilemma existed—A.A.’s dog was in the back seat of his car. The officer took A.A. and his got to his apartment, let the dog in, and as A.A. was shutting the door, the officer noticed marijuana inside and prevented A.A. from closing the door. After entering and conducting a “protective sweep,” the officer found more contraband. Subsequently, A.A. signed a form allowing them to search, and a firearm, and F2 and F3 levels of drugs were confiscated. Dan filed a motion to suppress, and argued 1) that the officers did not have a right to enter without a warrant, 2) that the protective sweep was invalid, and 3) that his “consent” was tainted by the previous violations. Though the trial court overruled our motion, we appealed the case, and in a 2-1 decision the appellate court overruled the trial court’s decision. After all offenses related to what was found in the home were dismissed (offenses carrying mandatory prison time), we pled to the marijuana charge, and A.A. received probation and no incarceration.
Felony sex charges avoided
Being on the receiving end of an accusation of sexual misconduct is an unenviable position to be in; when the accuser is a minor, the danger is significantly increased. In this case, it was fortunate that law enforcement did not rush to judgment and proceeded to do a preliminary investigation. Rather than sit idly by, we adopted a proactive defense, including our own polygraph examination—which indicated that there was no deception when our client indicated that he did not have sexual contact with the minor. After meeting with Detectives, they concurred with our stance of innocence, and no charges were filed.
Drug charges dismissed after illegal entry onto property
While our client was relaxing in his home, officers were in the street tending to other business, when they claimed to have smelled the odor of marijuana. Officers followed that odor to his home, and instead of knocking at the front door, they snuck around the house—peering in windows, and seeing drug paraphernalia. They then knocked at the front door, coerced their way inside, and charged him with several drug offenses. We filed a motion to suppress challenging the officer’s entry onto the property, and ultimately were able to convince the prosecutor that the officers were likely in the wrong. The case was dismissed for costs, and a drug conviction was avoided.
Off-duty officer found not guilty of assault
R.C., an off-duty officer, attempted to break off a relationship with a woman he had been seeing—and it did not go well. She first argued with him, and then attacked him. In spite of her assault, he never laid a hand on her, and simply left. Still spiteful, the woman filed charges on R.C., claiming that he had assaulted her. Not interested in any deals, we proceeded to take the case to trial. Coincidentally, a civil-demand letter was sent to R.C. the morning we picked a jury, and after the jury heard the whole story, they unanimously found R.C. to be not guilty. R.C., vindicated, returned to the Ohio Highway State Patrol.
Rape Charges Dropped to Misdemeanor Disorderly Conduct and Trespassing Offenses
This case was a testament to investigation, will, and scientific understanding. Our client E.S. was a professional student who had sexual relations with another student after each had consumed alcohol. She claimed not to remember the interaction, a sample of her urine was analyzed which showed a particularly high BAC level, and a rape indictment was brought based solely on the theory that she was too drunk to consent to sex. On its face, the case looked difficult. However, once we started investigating, holes in the states theory quickly became apparent. First, we analyzed security video at a bar they were at just prior to the interaction, and it showed two consenting adults interacting in, what appeared to be, a sober manner. Further, when the method of testing was scrutinized, it became evident that the sample could not be relied upon. Using our own knowledge to find errors, we contacted two experts to testify to what we already knew were significant issues. Just prior to trial, the state offered misdemeanor disorderly conduct and aggravated trespass charges, and we accepted the deal knowing there would be no jail, no registration, and no felony. The misdemeanor records have now been sealed.
High School Student Gets Misdemeanors After Five Count Felony Indictment
Maturity comes with age and life experience, and fortunately for us and our client, we were able to convince an open-minded prosecutor that he deserved a second chance. Our client was alleged to have broken into five different garages, stealing relatively small items from each. Though in high school, he was 18, and therefore was indicted as an adult on each charge—and each charge was a second degree felony burglary charge, carrying a presumption of prison and a cumulative maximum exposure of 40 years in prison. After presenting mitigation, our prosecutor was sympathetic to our client’s case and future, and agreed to amend each felony to a misdemeanor offense and place him on a period of probation.
Woman charged with soliciting found not guilty
T.K., finding herself unexpectedly on the street without transportation, had a vehicle pull up beside her and offer her a ride. Believing this person to be helping in good-faith, she accepted, only to find out later that the driver of the car was an undercover officer. This officer claimed that T.K. offered sexual acts for pay; whereas T.K. denied this accusation. To compound matters, T.K. was on probation for loitering for solicitation, which may have contributed to the officer believing she was predisposed to do the act when, in fact, she had not in this case. Nevertheless, we went to trial, and explained our side of the story to the jury. A combination of believing T.K., coupled with the officer not even bothering to record the encounter, led to a finding of not guilty.
Officer found not guilty of unlawful restraint
Our client, a law enforcement officer, was accused of unlawfully restraining a fellow officer in a dorm room at the training academy. He strongly denied the charge, and with his reputation, marriage, and career on the line, we went to trial. Through cross examination, we were able to demonstrate inconsistencies and bias in the accuser’s story, and ultimately the jury vindicated our client and found him not guilty.
Woman with gun acquitted of child endangering
Our client was involved with a family disturbance, and the police were called to her residence. While conducting a search of the house, officers found a loaded firearm under the kitchen sink—along with a young child in the vicinity of the gun. In spite of the child's presence, the unlikelihood of finding the gun and, if found, being able to use it, made it unlikely that harm would come to the child. The law required a ”perverse indifference to a known risk of physical harm" to prove the charge, and we proceeded to trial believing that the prosecutor could not meet this standard. A judge agreed, and our client was found not guilty.
Nanny found not guilty of child endangering
The defendant was a nanny who was responsible for the care of several children. One day, while swaddling a young child experiencing a tantrum, some members of the households cleaning crew mistakenly believed she was suffocating the child. Unwilling to accept any plea offers, we proceeded to a jury trial. At that trial, cross examination revealed weaknesses in the cleaner's perception of what had occurred, and at the close of the prosecutor's case, the judge granted our motion for a directed acquittal.
Delaware Woman's child endangering case dismissed
In Delaware, a mother slept in and did not notice her young child leaving the home unattended. The child was found by a neighbor, and police were called. After interaction with our client, police believed her to have been under the influence, and charged her with child endangering. After negotiation with the prosecutor, an agreement was reached to complete an assessment in exchange for a dismissal for court costs. These requirements were easily met, and we resolved the case with a clean record intact.
Jury finds man not guilty of menacing and domestic violence
Our client and his wife were going through marital difficulties, which culminated in an argument at a family get together. An accusation was made that our client had threatened his wife, and he was charged with menacing and domestic violence. The case proceeded to trial, where both his wife and her friend testified against him. We chose to put on a defense, and through a translator, we were able to convey to the jury that no threats were made and that the charges were brought out of spite. After a short time, the jury unanimously found our client not guilty.
Mandatory Prison Sentence Avoided with Reduced Charge
Our client, S.A., had overcome a lot of adversity’s in his life, including a substantial prior record and substance abuse, to earn both a successful occupation and a happy home life. However, as can be the case with people who have struggled with addiction, he fell back for a brief period and purchased a large amount of cocaine. He was caught, indicted on a first degree felony, and the amount of cocaine was large enough to the point that he would have to do mandatory time of 3-11 years if convicted. Knowing a recent Ohio Supreme Case had called the level of proof needed in cocaine cases into question—and knowing the decision was under reconsideration from a new court—we acted quickly to take advantage of the current law and plead to a 3rd degree felony without mandatory time. The Judge imposed no incarceration on S.A. and simply placed him on a period of probation. The Supreme Court overruled its prior decision a short time later, but fortunately, we were able to take advantage of the prior law.
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