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A young businesswoman in her late twenties was driving home one evening. While on her way, she was stopped by an Ohio State Highway Patrol trooper for a minor traffic violation. After approaching her vehicle and speaking with her, the trooper smelled alcohol and asked if she’d had anything to drink that evening. The young woman answered honestly and admitted that she had a few drinks. The trooper asked her to step out of her vehicle and perform the roadside field sobriety tests. She agreed to perform the tests. After performing the tests, the trooper arrested her and charged her with first offense OVI/DUI.

She was then transported to the Highway Patrol post and asked if she wished to take a breath test. She refused. The trooper seized her license and placed her under an administrative license suspension. Her case was scheduled for arraignment in Franklin County Municipal Court. She appeared at her own arraignment and pled not guilty.

She then showed up at her pretrial without an attorney and tried to discuss her case with the prosecutor. She had not seen any of the police reports, or the DVD. The conversation was quick. She was offered a plea to the OVI/DUI charge. Being a young businesswoman, she simply could not afford an OVI/DUI conviction. She requested and was granted a continuance to get legal counsel. She then reached out to attorney Ben Luftman to speak with him about her circumstances. After their conversation, the Columbus Criminal Defense team was hired to represent her on the case.

Attorney Chase Mallory represented our client on her case. He appeared on her behalf at six additional court dates. Ultimately, he was able to negotiate a reduction of the OVI/DUI charge to a lesser reckless operation charge. The reckless operation is a non-alcohol related offense. The impact on her record lessened, our client was pleased with the resolution, accepted the plea, and was happy to put this very unfortunate evening behind her.

Prior results do not guarantee a similar outcome in your case. Individual results may vary based on the facts, injuries, jurisdiction, venue, witnesses, parties, and other factors. The results and client testimonials provided are not necessarily representative of the results obtained by all clients or their satisfaction with the firm’s services.

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Categories: 2013, Case Results, December

A young man found himself handcuffed in the back of a trooper’s cruiser late one night recently on suspicion of OVI. While this isn’t an uncommon scenario on Ohio’s roads, it was unusual for this gentleman. At 22, he was working two jobs while attending college as a criminal justice major. Everything he had worked for was in jeopardy. An OVI conviction for someone going into the criminal justice field can be ruinous.

That’s when he had to ask the officer to stop the cruiser so he could vomit. He again vomited when they arrived at the post. The trooper then made a costly mistake. He asked our client to go to the bathroom to clean himself up. The trooper then immediately offered our young client a breath test. He blew almost a .14.

The young man contacted Attorney Chase Mallory and discussed what had happened and the collateral consequences an OVI conviction may have. Having confidence in our firm, he retained us to defend the charges in hopes of keeping the OVI off his record.

Chase Mallory filed motions challenging the breath test results and license suspension after picking up on the trooper’s mistake. In Ohio, defendants must be observed for 20 minutes prior to taking a breath test to ensure the mouth is free from anything that could compromise a breath test.  The trooper’s mistake would have resulted in a suppressed breath test.

In addition, there were several 4th Amendment arguments that were enough for Mr. Mallory to quickly negotiate a plea to a physical control violation with merely a $100 fine. Our client walked away without an OVI and only a nominal fine.

Prior results do not guarantee a similar outcome in your case. Individual results may vary based on the facts, injuries, jurisdiction, venue, witnesses, parties, and other factors. The results and client testimonials provided are not necessarily representative of the results obtained by all clients or their satisfaction with the firm’s services.

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Categories: 2013, Case Results, December

Given our experience dealing with OVI/DUI cases, the Columbus Criminal Defense team is often hired to represent clients outside of Central Ohio. Recently, we were contacted by a gentleman who found himself in a tough situation. He was out one evening and was stopped by an Ohio State Highway Patrol trooper for a traffic violation while driving home.

He was asked if he had been drinking and admitted he had. He was asked to step out of his car and perform the roadside field sobriety tests and did. After performing the test, he was charged with an OVI/DUI. This was the second time in his life he had been charged. He was then asked to take a breath test and refused. The trooper then put him under an administrative license suspension and scheduled him for arraignment.

He was employed by AEP and required to drive for his job. This was not a good situation. He researched online the process of hiring an attorney. He spoke with a number of attorneys, both local and outside of his community. After speaking with attorney Ben Luftman, he hired the Columbus Criminal Defense team to represent him on the case. Attorney Luftman drove the hour and a half to attend arraignment with the client. While looking at his BMV paperwork, attorney Luftman noticed some discrepancies. He then raised issues with the court and got the gentleman’s full license returned to him at his first court date.

Attorney Dan Sabol represented the client moving forward. After reviewing the police reports and DVD, attorney Sabol found very serious evidentiary issues with the case. Through multiple negotiations with the prosecutor, attorney Sabol convinced the prosecutor to dismiss the OVI/DUI charge in exchange for our client’s agreement to plead guilty to the minor moving traffic violation. Our client could not have been more appreciative.

Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

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Categories: 2013, Case Results, December

A young 20-year-old nursing student and mother found herself in a very serious situation. Through a series of events regarding her insurance, she was charged with falsification. Her case was scheduled in Franklin County Municipal Court.

She was adamant that she had done nothing wrong. She believed she had insurance and was given a card by her insurance company. A conviction would cause her serious problems in trying to get a job after nursing school. Falsification is an offense that involves dishonesty. Nobody wants to hire a nurse with that in her background. She was understandably beside herself.

It was under these circumstances that she reached out to speak with attorney Ben Luftman. After speaking with attorney Luftman, the Columbus Criminal Defense team was hired to represent her on the case.

Attorney Dan Sabol  represented her on the case. He went to court on her behalf five times. Each time he continued to explain to the prosecutor what had happened and how this was more of a mistake than a crime. Ultimately, on the fifth court date, the prosecutor agreed and dismissed the falsification charge upon the young lady’s payment of court costs. The dismissal and subsequent expungement, or sealing of her record will give her a legal clean slate and an opportunity to move forward with her life after finishing nursing school.

Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

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Categories: Case Results, December

A retiree was visiting her daughter in Columbus, when through a series of events, she was charged with theft at a Central Ohio Kroger. Her case was then scheduled in Franklin County Municipal Court. She was beside herself. Having never been charged with a criminal offense in her entire life, she was having a hard time coming to terms with the current state of events. Her daughter began calling attorneys to see if they could help with the situation. Attorney Ben Luftman explained the options available and the daughter decided to go ahead and get the Columbus Criminal Defense team on board to represent her mother on the charge.

Attorney Dan Sabol went to court on her behalf. Due to her lack of prior criminal record and extreme remorse for the situation, attorney Sabol was able to negotiate the dismissal of her case upon the payment of court costs and completion of additional conditions. This result no doubt relieved our client. The subsequent expungement or sealing of the case will remove it from the clerk of courts website and her public record.

Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

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Categories: 2013, Case Results, December

A young businesswoman was distraught. Having been charged with falsification under circumstances she felt were unfair, she found herself in a bad place. Being a businesswoman, a falsification conviction could all but destroy her career. Any backgrounds check would reveal a conviction and who would want to do business with someone who might be considered untrustworthy?

It was under these circumstances that she began researching furiously to find the right attorney to help her avoid this type of conviction on her record. After speaking with attorney Ben Luftman, she retained the Columbus Criminal Defense team to represent her on the case.

Her case was originally scheduled in Reynoldsburg Mayor’s Court. Attorney Dan Sabol made a tactical decision to transfer the case to Franklin County Municipal Court. Over five court dates, attorney Sabol went to court on our client’s behalf and argued to the prosecutor that he would have a difficult time winning the case at a jury trial. The prosecutor ultimately agreed and instead of having a trial, offered to reduce the charge to a lesser charge of disorderly conduct. Our client accepted the offer.

The disorderly conduct charge is not an offense involving dishonesty. The penalty was only a fine. Our client avoided jail time and probation. We will be able to come back to court at the appropriate time and seal or expunge the case from her record, permanently removing the stain of a very unfortunate situation.

Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

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Categories: 2013, Case Results, December

A young female student at The Ohio State University was out with her friends one evening when a series of events resulted in her blacking out. She later woke up in a local jail charged with underage alcohol possession.

When she woke up, she had no idea what had happened or how she had gotten there. This was an incredibly frightening experience for someone who had never been charged with more than a traffic ticket. Worse yet, she found herself charged not only with underage alcohol possession, but with obstructing official business.

She was able to call her parents to bail her out of jail. Then she began the process of trying to figure out what had happened and dealing with the criminal charges that were now pending in Franklin County Municipal Court.

She was certain that she was drugged. Unfortunately, there was no way to prove it. Her parents began searching for an attorney to help her clear her name and her record. After speaking with attorney Ben Luftman, the Columbus Criminal Defense team was hired to help this young woman.

Attorney Dan Sabol represented the client on her case and through seven court dates. Ultimately, the prosecutor agreed to dismiss the case upon a number of conditions being satisfied. The dismissal and subsequent expungement or sealing of the record will remove these charged from her criminal background and give her a clean slate.

Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

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Categories: 2013, Case Results, December

Our client, a young airport employee, found himself in a terrible position. Through a series of his own poor choices, he was charged with felony drug possession. A felony conviction would ensure that he lost his job at the airport where he was employed. It also would mean a license suspension for six months to as much as five years. He would be unable to provide for his family. He was in a bad spot.

After speaking with attorney Ben Luftman, this gentleman put his faith and trust in the Columbus Criminal Defense team to make a difference in his life. Attorney Luftman immediately reached out to the felony prosecutor’s office and began negotiating on his behalf. Because the young man had no previous drug or felony convictions, attorney Luftman was able to negotiate a resolution where his client pled guilty to a misdemeanor drug charge instead of felony drug possession. After completing a number of drug classes, the misdemeanor plea was vacated and the case was dismissed entirely.

The dismissal of the case allowed our client to keep his license and his job. It allowed him to continue to provide for his family. With the sealing and/or expungement of the case, the entire record of the charge will be removed as well.

Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

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Categories: 2013, Case Results, December

After a regrettable evening, a young married man in his early 30s found himself in the scariest position of his life, behind bars. An argument with his wife had escalated and the police were called. The young man was eventually arrested and charged with domestic violence, assault and aggravated menacing. While he was in jail, his mother, who does not live in central Ohio, researched attorneys and contacted attorney Ben Luftman. After speaking with attorney Luftman, the Columbus Criminal Defense team was hired to help in any way they could.

The first step was to attend the bond hearing. The young man was arrested by a Westerville Police Officer. In most cases, a charge filed by a Westerville Officer would be filed in Westerville Mayor’s Court. However, because this was an alleged offense of violence and there was a prosecuting witness, the case was filed in Franklin County Municipal Court. Attorney Luftman attended the bond hearing and was able to get his client released on his own signature.  No bond money had to be paid for his release from jail. A not guilty plea was entered on his behalf.

Attorney Dan Sabol continued with the representation of our client. After five court dates, attorney Sabol negotiated a resolution where the domestic violence and aggravated menacing charges were dismissed. The assault charge was amended to a lesser attempt offense. There was no additional jail time. Additionally, attorney Sabol was able to help our client avoid reporting to a probation officer after the case was resolved. This resolution allowed our client to put an extremely unfortunate and painful experience behind him while attempting to rebuild his life.

Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

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Categories: 2013, Case Results, December

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Luftman, Heck & Associates LLP
580 E Rich St Fl 2
Columbus, OH 43215-5335
advice@columbuscriminalattorney.com

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