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Our client is the adoptive father and caretaker of his two minor children, ages 6 and 8. His children were taken from him after he was arrested at a car dealership when witnesses called 911 after seeing his children drinking alcoholic beverages. The beverages were in cans marketed in packaging and color schemes to mirror popular energy drinks. Our client, who does not drink alcohol (knowingly), purchased these beverages at a gas station on the way to the car dealership believing they were energy drinks. To appease his children while he was at the car dealership he allowed them to drink the “energy drinks.” After it was pointed out to our client that these beverages contained alcohol and the police were on their way, he took the beverages and poured them in the trash. The police immediately arrested our client and his children were taken from him.
He was then charged with child endangerment and disorderly conduct. His case was scheduled for arraignment in Circleville Municipal Court. His children were his world and he was beside himself at the charges and the potential impact a conviction could have. He reached out to the Columbus Criminal Defense team for assistance on the case. Attorney Chase Mallory represented this client at court.
Attorney Mallory scheduled the case for jury trial after researching the similarities between the marketing of energy drinks and drinks like Mike’s Hard. Several government agencies have published public service announcements in effort to educate the public to carefully read the labels because it is becoming a common mistake. Chase gathered these to use as exhibits during trial, along with a variety of energy drinks and their similarly packaged alcoholic beverages.
Ultimately, the case was dismissed the day of trial.