Criminal Defense

Our attorneys have resolved thousands of criminal cases over the years, including felonies and misdemeanors such as: drug possession, drug trafficking, domestic violence, vehicular homicide, rape, burglary, assault, theft, etc…

Case #NAJM-79601 Portage County Common Pleas Court

Rape & Aggravated Burglary

Client allegedly entered the victim’s apartment by removing a window screen, and raped her. Police claimed that his fingerprints matched those found on personal items belonging to the victim in a nearby dumpster, and that his DNA was consistent with DNA found on the victim’s underwear. Client was indicted on Rape and Aggravated Burglary, both Felony 1 level charges under Ohio law. During the jury trial, the prosecution brought in an expert witness from Cuyahoga County to testify to the DNA evidence. Attorney Weisenburger cross-examined her, concluded that she was unqualified to testify as a DNA expert and objected to her testimony. Nevertheless, the trial judge allowed her testimony to stand. The jury convicted client of both charges, and he was sentenced to 10-25 years in prison on each count, to run consecutive to each other (back to back). Client appealed the convictions, and the appellate court unanimously sided with Attorney Weisenburger, ruling that the so-called DNA expert was not qualified to render an opinion on DNA evidence and that it was an abuse of the trial judge’s discretion to allow her to testify. The judgment of the trial court was reversed. Both charges were eventually nolled (dropped). Special thanks to Attorney Michael Partlow, who handled the appeal on this matter and got the judgment overturned.

Case #PASC-50901 Ravenna Municipal Court

Vehicular Homicide, Vehicular Manslaughter, Negligent Assault

Client lost control of her vehicle, travelled left of center and struck an oncoming vehicle head on. The other driver died and three of her passengers were injured. Client’s passenger was also injured in the crash. Client was indicted by a grand jury with Vehicular Homicide, Vehicular Manslaughter, four counts of Negligent Assault, Operation Without Reasonable Control and Operating Left of Center. During the jury trial, the prosecution claimed that we had no defense to the charges. Two expert witnesses from the State Patrol testified for the prosecution. We presented an expert witness who testified that a defect in the roadway was the cause of the accident. The jury found client Not Guilty on all charges except Operating Left of Center. She was given a fine of $150 plus court costs and 30 hours of community work service.

Case #QAMC-31001 Stow Municipal Court & Summit County Common Pleas Court

Aggravated Possession of Drugs

Client was charged with Aggravated Possession of Fentanyl in Stow Municipal Court, a Felony of the 5th Degree. After extensive research and investigation, we determined that no offense was committed. At the Preliminary Hearing the prosecution disagreed and insisted that this was a felony offense. We offered to plead guilty to a misdemeanor offense just to resolve the matter. The prosecutor refused our offer and proceeded to call witnesses to bind the case over for felony prosecution. Despite our argument that no offense occurred, the magistrate found probable cause that a felony had been committed, and sent the case to a Summit County Common Pleas grand jury. The grand jury sided with our defense and issued a no-bill (no indictment).

Case # RBAT-60601 Ravenna Municipal Court

Domestic Violence and Disorderly Conduct

As a result of a family dispute, client was charged with a Misdemeanor One Domestic Violence. He was also charged with a Misdemeanor Four Disorderly Conduct as a consequence of a police confrontation at the scene. We contended that the Domestic Violence charge did not apply and disputed the facts on the Disorderly Conduct complaint. Eventually the Domestic Violence charge was dismissed outright and the Disorderly Conduct charge was amended to a minor misdemeanor, with a $150 fine plus court costs.

Case # SBJJ-41101 Stow Municipal Court

Theft

A local store claimed that client had stolen merchandise from them. Client was charged with Theft, a Misdemeanor of the First Degree by the police after being detained at the store. We served a Notice to Preserve Audio and Video Recordings on the prosecution. After many delays, the store failed to produce the video from the incident. As a result, the charge was dismissed by the prosecution.

Case #TADC-79301 Portage County Common Pleas Court

Felonious Assault and Endangering Children

Client’s child was injured in an accident at home. Children Services investigated the incident and claimed that the injuries were the result of a deliberate act. Client was indicted on two felonies, Felonious Assault and Endangering Children. After a three-day jury trial, including cross-examination of Children Services witnesses, the jury found client Not Guilty on both counts.

Case #UAFD-59501 Portage County Common Pleas Court

Grand Theft

Client was hired to do work in the home of the complaining witness. At some point in time the resident claimed that certain items were no longer in the home, and blamed client. Client tried to explain the situation to the police, but the police arrested client. He was indicted with Grand Theft, a Felony of the 3rd Degree. The case proceeded to a jury trial, where the police contended that client’s statement showed his guilt and we argued that the resident had previously disposed of the items. The jury found client Not Guilty.

Case #VATC-30801 Portage County Common Pleas Court

Illegal Processing of Drug Documents

For the better part of a year, client was under investigation by two police departments for fraudulently obtaining two prescriptions when her doctor’s office told police investigators that they only gave her one. Client attempted multiple times to explain the situation to the police, but they simply did not believe her. She tried to obtain her medical records, but the doctor’s office claimed that they “lost” her records. She was eventually indicted for a Felony Four Illegal Processing of Drug Documents. After client retained our services, we conducted a detailed investigation and were able to obtain medical records from her physician’s office showing transaction ID codes for TWO prescriptions, as well as office notes, indicating that client was falsely accused. After presenting the results of our investigation to the prosecution, the charge was dismissed. The prosecution declined to prosecute the medical providers.

Case # WAJC-69801 Portage County Common Pleas Court

Trafficking in Cocaine

Drug Task Force agents claimed that client was involved in trafficking drugs and client was indicted with Trafficking in Cocaine, a felony. The case went to jury trial where the prosecution presented testimony by police officers, undercover agents and informants. After three days of testimony and intensive cross-examination by Attorney Weisenburger, the jury found client Not Guilty.

Case # XBKM-40901 Ravenna Municipal Court

Sex Offender Classification

18 years-old client was accused of engaging in consensual sexual conduct with a female partner who had not yet turned 18. He entered a plea of guilty to a misdemeanor charge of Unlawful Sexual conduct. At a later date, in an attempt to label client as a registered sex offender, the female changed her mind and claimed that the encounter had not been consensual. We subpoenaed videotaped interviews from the police and hospital in an attempt to block the prosecution from classifying client as a sex offender, which would have required mandatory registration. The judge determined that the encounter had indeed been consensual and prohibited the prosecution from classifying client as a sexual offender.

Case # YARM-79501 Portage County Common Pleas Court

Felony Drug Trafficking

Client was indicted with a felony charge of Drug Trafficking. Police reports had been provided that obviously identified the substance as a different substance than the one listed in the indictment. The case proceeded to a jury trial and once the jury was seated and the first witness called to testify, Attorney Weisenburger moved to dismiss the charge due to the discrepancy. The judge asked the witness if he knew the difference between the substance found and the substance that client was charged with, and the witness indicated that he did. The judge ruled that the indictment was therefore defective. The prosecution then orally moved to amend the charge, but the judge denied their motion since jeopardy had already attached at that point. The prosecution had no choice but to dismiss the case, and the jury was discharged.

Case # ZARV-51001 Kent Municipal Court

Felony Domestic Violence

Police were called to client’s residence due to an altercation between client and his step-son. The police were called out and chose to believe the step-son. Client was charged the with Felony Domestic Violence. We were retained, immediately conducted an investigation and obtained photographs and other evidence that contradicted the claim. At the Preliminary Hearing on the matter, the charge was reduced to a Minor Misdemeanor Disorderly Conduct, and client was fined $150 plus court costs.

Case # FBRT-30701 Stow Municipal Court

Possession of Drugs

Client was pulled over for a traffic infraction and the police asked for permission to search the vehicle, which was not titled to client. Unfortunately, client consented to the search. During the search, the police allegedly found marijuana hidden in the vehicle. The police claimed that client was in constructive possession of the marijuana since he was driving the vehicle, and charged him with Misdemeanor Possession. The case proceeded to a bench trial, but we were able to effectively block the officers from testifying what the substance was, due to a technical violation of the discovery rules, and client was then found Not Guilty. NOTE: Our firm advises clients that they should NEVER consent to a search. This case serves as a prime example of what can happen when someone consents to such a search.

Case # GBHA-61201 Ravenna Municipal Court

Domestic Violence

After spanking his daughter with a belt and causing visible bruises, client was charged with Misdemeanor Domestic Violence. Children Services investigated and claimed that this was a violation of state law, and the police agreed. Client retained our services and we made it clear to the prosecution that it was our position that parents have a right to discipline their children and that this client’s actions were protected. The case eventually went to trial and the judge agreed, finding client Not Guilty.

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