Walked Free -
State of Ohio v. Mackey: Our client was the victim of an illegal police search on his property.
He was charged because of evidence illegally obtained from his property
and was facing serious jail time. We filed a well researched, well reasoned
motion to suppress evidence and won our client his freedom.
Avoided All Legal Trouble -
State of Ohio v. Todd: A veteran and caring stepfather was caught up in a devious scheme. His
oldest stepdaughter was upset that she was expected to get a job and start
acting like an adult. As a result, she convinced her younger sister to
allege that their stepdad sexually assaulted her. We were hired early
on and uncovered the sinister plan before our client could even be charged.
Avoided All Legal Trouble!
Case Dismissed -
State of Ohio v. Walker: Our client was in the wrong place at the wrong time. He drove some friends
on an errand they claimed was innocent, but ended up being an attempted
burglary. There was almost no evidence against him and the offenders only
pointed their fingers at each other; not at our client. Contrary to what
many other firms would do we trusted in our client and continued the case
with the belief that he was innocent. Our trust paid off because in the
end the State dismissed his case.
Domestic Violence, Assault, Disorderly Conduct
Charges Dismissed -
Allegation: Mr. Client came home from the bar one evening to find his girlfriend,
Ms. Girlfriend, drunk and upset. She wants to argue and Mr. Client wants
to go to bed, but she refuses to let him sleep. She accuses Mr. Client
of cheating on her and demands a confession or else she's going to
call the police and accuse him of beating her up. Mr. Client refuses to
admit something he didn't do, so the argument continues for a while
longer, but eventually ends.
Little did Mr. Client know, but one of the neighbors, concerned by Ms.
Girlfriend's yelling, called the police. When they arrive, Mr. Client
recounts his version of the story, but they don't believe him. Ms.
Girlfriend tells them a very different story. She claims Mr. Client punched
her and abused her all night long. She claims he took her phone away from
her and terrorized her by preventing her access to the police.
The police took her side from the very beginning. First, each of the three
reporting officers saw Ms. Girlfriend's black eye. Then they note
repeatedly in their reports that Mr. Client is visibly intoxicated, however
they never mention whether Ms. Girlfriend is or is not. Mr. Client was
hauled off to jail.
Why We Won: Investigation and preparation won the day for Mr. Client. We found it
curious that Mr. Client appeared so intoxicated to the police, but Ms.
Girlfriend did not. An investigator was deployed to interview people from
the bar that evening. We found out that Ms. Girlfriend had been so drunk,
she got into a fight with another patron. That patron had hit her in the
eye. We were also able to find witnesses who verified Mr. Client had been
drinking, but had spent the majority of his night trying to calm down
Ms. Girlfriend as she staggered around the bar accusing other females
of trying to steal her man!
When presented with the witnesses in support of Mr. Client's version
of the incident, the prosecutor was nearly convinced that a dismissal
was warranted. But when we found that she had been gloating about getting
Mr. Client arrested on Facebook, the dismissal was sealed.
Attorney Brian Jones knew the facts of the case, headed the investigation
and presented the facts the prosecutor as he would to the jury. The prosecutor
knew he would have a very difficult time convincing eight citizens that
Ms. Girlfriend was being honest. A criminal defense attorney must be the
most knowledgeable person in the room about your case. We pride ourselves
on knowing our cases thoroughly and using that knowledge to achieve the
results our clients desire.
OVI with a Breath Test Over the Legal Limit
Charges Dismissed -
Allegation: Client was accused of Operating a Vehicle with a Prohibited Blood Alcohol
Concentration. She was originally pulled over for an improper turn out
of a bar parking lot.
Why We Won: Attorney Brian Jones drafted, filed and litigated a motion to suppress
evidence. Through cross examination of the arresting office, Mr. Jones
educated the court on the Client's demeanor during the stop, that
the basis for the stop was largely untrue and that his administration
of the field sobriety tests failed to meet the standards required by law.
More specifically, Mr. Jones was able to demonstrate how administration
of the Horizontal Gaze Nystagmus test while the Client was seated in the
officer's cruiser was ineffective and fell below the standards required
by Ohio law and the National Highway Traffic Safety Administration's
guidelines. Having successfully excluded the HGN, the Court found, based
on Mr. Jones's argument the officer lacked probable cause to arrest
the Client and then excluded the breath test. Without field sobriety tests
or a breath test, the prosecutor was left with no option but to dismiss
the charge. He attempted to appeal, but missed the deadline. The prosecutor
then attempted to extend the deadline by seeking a new Order Suppressing
the Evidence, but Mr. Jones convinced the Court that the original order
was proper and the prosecutor was simply trying to make up for his mistake
in missing the deadline.
Charges Dismissed -
Client X was charged with theft, a first degree misdemeanor, after allegedly
stealing from a local store. Our investigation revealed that Client X
never tried to intentionally remove property from the store. Knowing that
our client did not want a theft conviction (or even a theft related offense
such as unauthorized use of property) on their record for a bogus charge,
we began to prepare for trial. The trial never happened though. After
our client refused the prosecution's offer at the final pre-trial,
the prosecutor dismissed the charge.
Felonious Assault with a Deadly Weapon
Not Guilty Verdict at Jury Trial -
Allegation: The State of Ohio alleged Mr. Client ran over another man with his car.
Mr. Client was delinquent on his car payments and the dealership had been
trying to repossess the car. Mr. Client was homeless and living out of
the car, so he was doing everything he could to get the money together
and avoid repossession until he could get caught up on the payments.
One day, a tow truck driver, Mr. Aggression, saw Mr. Client's car parallel
parked on the side of the road. Mr. Aggression pulled in behind Mr. Client's
car and called for a tow truck. Mr. Client came out of his girlfriend's
apartment to find Mr. Aggression sitting on his car. Mr. Aggression called
Mr. Client a deadbeat and used vulgar language while gloating that he
was going to tow Mr. Client's car.
Mr. Client got into his car and began to pull away from the curb. Mr. Aggression
stood in front of the car. Mr. Client moved the car back and forth repeatedly
until he had an angle and could pull away from the curb. Several times
Mr. Client's car hit Mr. Aggression in the leg, but Mr. Aggression
never moved out of the way. When Mr. Client had angled his car sufficiently
to pull away from the curb, Mr. Aggression threw himself on the hood of
the car and pounded his fists. As Mr. Client pulled away, Mr. Aggression
punched the driver's window.
Why We Won: Felony assault with a deadly weapon is a poorly worded statute in Ohio.
The law prohibits any person from causing to attempting to cause physical
harm by means of a deadly weapon. A deadly weapon is defined as any object
that is capable of causing death or serious bodily harm and is used as
a weapon. When taken literally, the statute creates absurd results that
I was able to exploit in a creative argument that persuaded the jury to acquit.
A pen, when stabbed into a person's neck, is capable of causing death.
By the terms of the statute, then, when that same pen is thrown across
a room at a nominal velocity, it remains a "deadly weapon."
The result is absurd. I analogized the absurdity of the pen to Mr. Client's
case. The pen becomes a deadly weapon only when it is used in a particular
manner. Likewise, the car, when slowly moved forward and backward in the
confines of a parallel parking space, is not being used as a deadly weapon.
The jury obviously agreed because they acquitted Mr. Client quickly.
Operating a Motor Vehicle Under the Influence of Alcohol ("OVI"), Operating a Motor Vehicle While Impaired by Alcohol, Marked La
All charges were dismissed -
Allegation: Ms. Client was driving home after a nice day with her niece. After spending
the day visiting a nearby county, Ms. Client and her niece decided to
get some dinner at a popular chicken wing restaurant. While enjoying her
dinner, Ms. Client had exactly one large, domestic beer. While leaving
the restaurant, Ms. Client turned into the left lane rather than the right.
This was because she would soon be getting onto another highway, whose
exit was on the left side of the road. This is a popular reason to stop
a car for the over zealous officer. Officer administered one field exercise
due to health problems and then Ms. Client submitted to a breath test.
The result of the breath test was inconsistent with the amount of alcohol
Ms. Client drank.
Why We Won: Attorney Brian Jones researched and wrote a detailed motion to suppress
evidence and then thoroughly prepared for the hearing. Specifically, it
seemed likely that the officer did not correctly perform the horizontal
gaze nystagmus test, a field exercise that is supposed to determine impairment.
Attorney Jones exploited this suspicion on cross-examination of the officer
and as a result, the judge determined there was no probable cause to arrest
Ms. Client. This made all evidence from the point of the field excerise
on inadmissible. Having so little evidence makes it very hard for a prosecutor
to proceed on the impairment charge. On the day of trial the prosecutor
dismissed all charges against Ms. Client.
Charges Dismissed -
Client was charged with assault, a first degree misdemeanor, after allegedly
hitting another person. Our investigaiton revealed inconsistent, unbelievable
statements from the State's witnesses. Our investigation also revealed
favorable witnesses that police did not interview. It was clear that the
story presented by the State was not entirely accurate or complete. But
the truth only came to light because of our investigation. The Law Office
of Brian Jones, LLC conveyed this to the prosecutor and the case was dismissed
the day before trial.
Charges Dismissed -
Client was charged with criminal damaging, a second-degree misdemeanor,
after allegedly smashing up a relative's car with an "unknown
object." At our initial, free consultation it was clear Client was
innocent. Our attorneys investigated the case and discovered how implausible
this charge really was. After being offered a suspended jail sentence
and fine by the State in exchange for a guilty plea, we proceeded by preparing
for a jury trial. However, that jury trial never happened; the State dismssed
the charge several days before trial.