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A young lady in her late twenties was pulled over for a marked lanes violation by a Columbus Police Department officer. After running her license, the officer also determined that she was driving under suspension. While speaking with her about her license status and the marked lanes violation, the officer asked if she had been drinking. She answered “yes.” He then asked her to step out of her car to perform the roadside field sobriety tests. She did. After completing the tests, she was arrested and charged with first offense OVI / DUI. After she was arrested and her vehicle searched, the young lady was also charged with open container.

This young lady was then transported back to the Columbus Police Department and asked to take the breath test. She was polite and complied. The result of her test was well above the .170 High Test legal limit. She was given an additional OVI / DUI High Concentration charge. Her case was then scheduled for arraignment in Franklin County Municipal Court.

She was shaken. Thinking about the penalties that included mandatory jail time and mandatory yellow plates on her vehicle left her having difficulty functioning. This reaction is certainly not uncommon when faced with a situation as serious as hers. Given these circumstances, she turned to the Columbus Criminal Defense team to try and help her stay out of jail and keep the yellow plates off her vehicle.

Attorney Ben Luftman and attorney Dan Sabol represented the client on her case. After reviewing the police reports and negotiating with the prosecutor, an offer was made to resolve the case. The prosecutor agreed to dismiss the OVI / DUI High Test charge and the criminal open container charge in exchange for our client’s agreement to plead guilty to the remaining OVI / DUI impaired charge. This resolution allowed our client to stay out of jail, keep the yellow plates off her vehicle and avoid the criminal conviction as well. She enthusiastically agreed to the resolution as they met all of her goals with the case and was finally able to think about moving on with her 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: November

A young college student, who had visited Columbus for a music festival, did not have the best trip. While at the festival, he was seen by an undercover officer and ticketed for drug possession. His case was scheduled for arraignment in Franklin County Municipal Court.

After speaking with attorney Ben Luftman, the young man was fully aware of the potential issues with a conviction. First, he would have a drug conviction on his record. Second, his license would be suspended for 6 months to 3 years. The judge was not required to give him driving privileges either. Last and most important, a conviction would make this college student ineligible to received federal financial aid. Without that aid, he would have to drop out of college. This was a big deal.

Attorney Luftman and attorney Dan Sabol represented the young man on his case. Ultimately, attorney Sabol was able to negotiate a resolution where our client posted a $150 bond and forfeited it to the court. This resolution did not require our client to plead guilty and therefore avoided a conviction and license suspension. It will also allow him to keep his federal financial aid and accomplish his goals.

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: November

A young military officer came to visit some of his friends at The Ohio State University on a recent weekend. While walking on campus, he was stopped by two Columbus Police Department Officers. After conducting an investigation, a knife was recovered from his pocket. He was charged with a misdemeanor Carrying Concealed Weapons charge and his case was scheduled for arraignment in Franklin County Municipal Court.

As you can imagine, the young military officer was very concerned about the impact a serious criminal conviction could have on his military career. Trying to figure out what to do, he reached out to attorney Ben Luftman for help with the case.

Attorney Luftman reviewed the police reports and argued to the prosecutor that there were some potential issues with the reason his client was stopped to begin with. The prosecutor agreed and prior to having a hearing on the circumstances, offered to amend the charge to a minor misdemeanor disorderly conduct. This is not a weapons charge and is only punishable by a fine and no probation. Feeling the resolution minimized his exposure with the military, attorney Luftman’s client chose to accept the plea offer and resolve the case.  He paid the fine and returned to base.

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: November

A young IT professional was out in downtown Columbus over a May weekend and had entirely too much to drink. In his inebriated state, he decided he needed a cigarette and had none. While in a parking garage, he decided it was a good idea to go into an open car and try to get a cigarette. While walking away he began kicking other cars.

He was confronted and ultimately charged by the Columbus Police Department with two counts of criminal damaging and one count of petty theft. He was arrested and taken to jail. Fortunately, he was able to bond out and his case was then scheduled for arraignment in Franklin County Municipal Court.

Having never been to jail before, this young man was in shock. Add to the fact he could face additional jail time and serious criminal charges on his record, he was devastated. Essentially one drunken evening had the potential to undo what he had worked his entire life to achieve. With all of this on the line, he turned to the Columbus Criminal Defense team to make the best of a very bad situation.

Attorney Dan Sabol represented the young man on his case. Ultimately, attorney Sabol was able to negotiate the dismissal of the theft charge and one of the two criminal damaging charges. Our client was given a fine only and no jail time or probation on the remaining charge. One year from his final court date, we will return to court and file a motion to seal or expunge the conviction and if the judge grants the motion, the entire case will be removed from his background and he will once again have 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: November

A young man in his late twenties was stopped by a Columbus Police Department Officer for failing to signal. While discussing the reason he stopped the young man, the officer smelled alcohol coming from the vehicle. He asked the driver if he had been drinking. The young man indicated he had. He was then asked to step out of his vehicle and perform the roadside field sobriety tests. He complied. After completing the tests, he was arrested and charged with first offense OVI / DUI. He was transported to the Columbus Police Department and asked to perform a breath test. He refused to take the breath test. He was then placed under a one year administrative license suspension. His case was scheduled for arraignment in Franklin County Municipal Court.

Having no license and having never been charged with an OVI/DUI offense, the young man was unsure about what steps to take next. He knew he had to hire an attorney to represent him. He began to research the process of hiring an attorney. After speaking with a number of attorneys, he spoke with attorney Ben Luftman and hired the Columbus Criminal Defense team to represent him on the case.

At his arraignment, we were able to secure a stay of the license suspension. This gave our client his full license back while his case was pending. Thereafter, attorney Luftman and attorney Dan Sabol attended court on his behalf 10 times. Ultimately, we were able to negotiate an amendment of the OVI / DUI charge to a lesser offense of Reckless Operation. The lesser Reckless Operation charge is not an alcohol related offense. Additionally, we were able to cut the on year license suspension in half. Our client received limited driving privileges while at court. He was never without the ability to drive throughout the entire court process. He paid the fine that day and moved on with 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: November

What began as a series of small arguments between a husband and wife concerning the usual things a husband and wife may argue about, mainly finances, turned into a much more serious situation. Ultimately, the young husband was arrested and charged with domestic violence, assault and aggravated menacing. His case was scheduled in Franklin County Municipal Court.

The young man had never been to jail before and was quite traumatized by the experience. He agreed that there has been a heated argument, but insisted he had never laid a hand on his wife. He was fearful how these types of assault charges would affect his future employment, as they could remain on his background for life. After speaking with attorney Ben Luftman, the young web designer decided to hire the Columbus Criminal Defense team to represent him on the case.

Attorney Luftman and attorney Dan Sabol represented him on the case. There were some discrepancies in the facts. Additionally, the young man’s wife wished to reconcile and get counseling. Both parties wanted the case to be over as quickly as possible.

Given these circumstances, attorney Sabol was able to negotiate the dismissal of assault and aggravated menacing charges. The domestic violence charge was amended to a lesser disorderly conduct charge. The disorderly conduct charge is not an offense of violence. This was extremely important to our client. It will allow us to return to court at the appropriate time and file a motion to seal or expunge the record of the case. If the judge grants our motion, the charge and disorderly conduct conviction will be completely removed from his record. At that time, he will be able to put an extremely unfortunate evening behind him for good.

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: November

A professional in her mid- thirties found herself in an extremely precarious situation. She crashed her vehicle and was taken to the hospital. At the hospital, a blood test was taken. After speaking with a Columbus Police Department Officer at the hospital, she was charged with an OVI / DUI. Depending on the result of her blood test, additional OVI / DUI charges could be filed. Her case was then scheduled for arraignment.

Not knowing the court process, she sought a referral from a friend. Her friend told her to contact attorney Ben Luftman to discuss her situation. After speaking with attorney Luftman, the Columbus Criminal Defense team was hired to represent her on the case.

While representing her, the results of the blood test came back. The level was well above the .170 High Test legal limit. If the prosecutor’s office were to charge her, she would be facing mandatory jail time, as well as mandatory yellow plates on her vehicle. Attorney Sabol was able to negotiate with the prosecutor to not file the High Test OVI / DUI charge against our client and in exchange she agreed to plead guilty to the impaired first offense OVI / DUI charge.

The result kept our client from going to jail and from having to face the embarrassment of having special yellow plates on her vehicle for six months or more.

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, November

To put himself through school, an Ohio State University student was working one of his two jobs at a local carryout. Sleep deprived between school and his two jobs, he was presented with an ID by a young man wanting to buy a pack of cigarettes. He incorrectly calculated the age and sold the pack. A few minutes later, the Columbus Police Department came to pay him a visit and notify him that he had sold to an underage person. He was then given a citation for illegal tobacco distribution and his case was scheduled in Franklin County Municipal Court.

Being a college student, the young man was understandably concerned about the impact a criminal conviction could have on his employment opportunities after graduation. These concerns were made quite clear during a consultation with attorney Ben Luftman.

Attorney Luftman represented the young man on the charge. Sometimes, there are no evidentiary issues to argue about. Attorney Luftman had to convince the prosecutor of the impact a conviction would have on his career and really to give the prosecutor a better sense of everything his client was doing to put himself through school. Fortunately, the prosecutor listened to the mitigating factors and was sympathetic. After completing a community service requirement, the prosecutor dismissed the charge for the young man’s payment of court costs.

This resolution allowed the young student to avoid any criminal conviction on his record and the subsequent expungement or sealing of the record will remove the charge from his background. Post-graduation, he will be able to apply for jobs with a clean history.

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, November

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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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