Sentence Reduction in a Federal Case

We recently obtained a significant sentence reduction for a federal client of ours.

The federal sentencing guidelines (which mostly control the type of sentences a defendant should receive) called for a sentence of approximately 37 months in federal prison.

However, after we made various arguments to the Court, the Court imposed only an 18-month sentence.

The client was also permitted to “self-report” to the designated federal institution in early February of 2025.

In reality, a good portion of this sentence will be served in what is called a halfway house. Client was of course very pleased.

Revolutionizing Justice: The Impact of Artificial Intelligence on the Legal Industry

In the fast-paced world of law, where time is often of the essence, Artificial Intelligence (AI) is proving to be a game-changer, revolutionizing the traditional practices of the legal industry.

From legal research to contract management and beyond, AI is transforming the way legal professionals operate, offering unprecedented efficiency and accuracy.

One of the most notable changes is evident in legal research. AI-powered tools equipped with Natural Language Processing (NLP) capabilities can swiftly analyze vast databases of legal documents, statutes, and case law. This not only expedites the research process but also enhances the precision of results, allowing lawyers to access relevant information at their fingertips.

Document review and due diligence, once labor-intensive tasks, have also undergone a remarkable transformation. AI systems, armed with machine learning algorithms, can sift through mountains of documents with unparalleled speed. Predictive coding enables these systems to identify and prioritize documents for review, significantly reducing the time and resources required for due diligence processes.

Contract management has experienced a paradigm shift with the integration of AI. Automation tools streamline the creation, review, and management of contracts, ensuring accuracy and compliance. Virtual legal assistants powered by AI are handling routine tasks, freeing up human lawyers to focus on more complex aspects of their work.

Moreover, AI's predictive modeling capabilities are assisting legal professionals in anticipating case outcomes, providing valuable insights into judge behaviors and legal trends. This data-driven approach empowers lawyers to make more informed decisions and develop strategic legal solutions.

While AI is undeniably enhancing efficiency in the legal domain, it is crucial to address ethical considerations, such as bias in algorithms, to maintain the integrity of the legal profession.

Lipson O’Shea will continue to report on the profound impact of AI on the legal landscape. It is evident that the synergy between technology and law is shaping a future where justice is not just blind but also incredibly smart.

State Troopers Go Beyond Speeding Tickets with DeWine Initiative

It’s not just drinking and driving that should give you pause before getting behind the wheel of a car.

Now the Ohio State Highway Patrol is taking big steps to remove illegal drugs and firearms from the roads.

“The OSHP is an important partner in Ohio’s work to prevent violent crime and to hold drug traffickers accountable as part of my administration’s RecoveryOhio initiative,” Gov. Mike DeWine stated.

Not just looking to give out speeding tickets, troopers are now identifying areas during the traffic stop that may indicate criminal activity.

“In 2020, the OSHP investigated a wide range of felony offenses that led to 6,133 felony arrests,” as reported by The Times Leader.

Whether you are going on a road trip across the country or on a short spring break getaway, it is vital to follow all laws behind the wheel so you avoid being put behind bars.

If you or your spring break teen find yourself facing charges, contact us immediately.

Guns and Drug Arrests Increasing on Ohio Highways

The Ohio State Highway Patrol is making major moves with a 30% increase in incidents involving illegal weapons and more than double the amount of marijuana as compared to last year.

Whether you are traveling a short distance or far, state troopers are on high alert and looking for not only speeding but distracted driving, improper safety restraints and possession of illegal weapons and drugs.

According to the Ohio State Highway Patrol, troopers have detected illegal guns and drugs with 1,743 firearms, 6,162 pounds of marijuana and 225 pounds of methamphetamine being confiscated.

Channel 19 reported, “Ohio’s transportation network makes our state a gateway to other parts of the country, and unfortunately, traffickers use our highways as they transport deadly drugs and other contraband,” said Governor Mike DeWine. “Every time our troopers confiscate illegal guns or narcotics during a traffic stop, it has a direct impact on the safety of our communities and our families.”

If you find yourself facing charges, our office never closes and we will fight to make sure your rights are protected and ensure it was a legal traffic stop.

Been Unfairly Arrested?

For decades we have been committed to fighting for justice for all of our clients.

Now, more than ever, it is essential you find an experienced attorney who is dedicated to ensuring your rights are protected.

We have been honored to serve countless families in Northeast Ohio and worked diligently to give them the most fair, just outcome possible.

If you find yourself facing criminal charges we strongly encourage you to contact us immediately. Our offices never close and we are open 24-7 for you.

How to Avoid an Arrest This Thanksgiving

Almost 51 million Americans are expected to travel 50 miles or more to celebrate Thanksgiving this year.

This means greater police monitoring across the country. Whether you are driving or flying, here are a few tips to avoid charges this holiday.

1. Travel Sober. This may seem obvious but we have helped countless clients who have been charged with a DUI. We recently helped a man who was so intoxicated on a plane that he faced criminal charges.

2. Don’t Get in a Fight. Another easy way to avoid arrest is to walk away from any physical altercation.

3. Educate Your Of-Age and Underage Kids. They may think using a fake id or buying alcohol for their younger friends is cool, but undercover cops do exist and one hint at contributing to a minor can have serious legal consequences.

4. Sleep It Off. Being drunk and disorderly is no fun for anyone, and you can be arrested for it. Stay home and you’ll avoid any risk.

It’s that simple. Follow these tips to enjoy a jail-free Thanksgiving and if you do find yourself behind bars, contact us right away.

Routine Traffic Stop Leads to Felony Charges

Ohio State Highway Patrol troopers recently found $32,000 worth of ecstasy pills near Summit County.

After pulling over the vehicle for a marked lanes violation, troopers had probable cause to use a drug-sniffing canine who found 1,418 ecstasy pills, leading to arrests and charges for first-degree felonies.

It's essential to know and understand your rights. Whether you are facing a DUI charge, a drug violation or other instance where your vehicle was searched after a routine traffic stop, our office has the knowledge to work with you and the court to ensure your legal rights were not violated. 

We have fought felony charges involving traffic stops for decades and encourage you to contact the experts for legal help.

Back to School Can Mean Back to Trouble

With friends gathered and new experiences for teenagers, it is important to be mindful of how and where they are spending their time.

Whether it is vandalism, drug use or underage drinking and driving, these criminal charges often bring high penalties including hefty fines, community service, and even jail time.

Don't let your child's record become permanently marked from poor choices with friends. We are available to provide you with the best options to secure a stable future for your teen even in the midst of criminal charges.

Contact us to ensure your teen continues to have the bright future you had planned for them.

Lead poisoning exposure early in life increases risk for criminal activity

It is understood that lead poisoning poses great risks and can have life-long effects on children, but recent studies show that children who suffer from lead poisoning may also be more likely to engage in criminal activity as adults.

In a study by the University of Cincinnati, researchers found that, “lead sowed the seeds of their future," said Kim Dietrich, a neuropsychologist who has been following the group of nearly 300 people since they were born in the late 1970s. "It isn't conducive to behavior we associate with normal development, making smart decisions and success."

Featured in the Chicago Tribune, the study noted, “For those who had been exposed to lead as toddlers, even in small amounts, the MRI scans revealed changes that were subtle, permanent and devastating. The toxic metal had robbed them of gray matter in the parts of the brain that enable people to pay attention, regulate emotions and control impulses.”

Last month, a Tribune investigation found lead hazards in the same areas known for having high crime rates in Chicago. The importance of lead testing and prevention is not only beneficial and necessary for the health of the residents living in those areas, but also essential to prevent future crime rates from increasing in the neighborhoods.

Victory for Client

We recently received a not guilty verdict for a client accused of the crime of failing to verify his address with the County Sheriff.

We were successful based upon a legal technicality known as identification. None of the witnesses called by the State of Ohio could say whether or not the man sitting at the table with me was the man who failed to verify his address.

None of these witnesses had in fact ever seen my client before, and they failed to bring any identification information with them.

The client was a now homeless man who had been residing at a homeless shelter for about a year and had been in the hospital for a number of months when the authorities claimed he should be verifying his address.  

Successful Appeal

Today we received word that an appeal we were doing for one of our criminal clients was successful (the client fell way behind on his child support and was charged with criminal non-support). 

The Court of Appeals for Cuyahoga County reversed a trial court and ordered the case remanded back to the trial court for further proceedings.  

Once the case is back at the trial court, we hope that things will continue to go well for our client. Stay tuned.

Withdrawing a plea - getting harder and harder.

It us to be relatively easy for a criminal defendant to try and withdraw his or her plea prior to a sentencing (a sentencing date usually takes place about 3-4 weeks after a plea is made).   The rule that controls how it is done indicates that prior to sentencing such motions should probably be granted (Ohio law from the Supreme Court of Ohio says that pre-sentencing motions to withdraw a plea “should be freely and liberally granted”).    However, more and more trial courts (and appellate courts) are, in our opinion, finding more and more reasons to deny these plea withdrawal motions - even if they are filed before sentencing.  For example, a Court in Canton, Ohio (Stark County) just did this on a case  involving a weapons charge. Our advice:  Assume that you are locked into your plea at the time you plea - and that a trial court will be easily able to prevent you from withdrawing that plea even prior to your sentencing.  

Get a second opinion if you can before you plea.

Diversion Programs

More and more courthouses in our area of Ohio are creating or refining what are generally called "diversion programs."   These programs (which can go by many names and use a number of different letters)  are mainly designed for people who generally have no criminal record ("first offenders")  and who have committed a type of offense that is eligible for diversion (some specific offenses are not eligible for diversion).  

A diversion program generally requires that the offender plead guilty to the charge (for the time being) and complete a probation-like program with such things as restitution, drug testing and community service.   After successful completion of the diversion program, the case is dismissed - and some diversion programs actually include a free "expungement" element to them as well. Sort of like a mulligan in golf.

We have obtained diversion for many of our clients.

Spoliation of Evidence

A court of appeals recently dealt with an issue that lawyers in litigation have to struggle with from time to time: "spoliation of evidence."   Spoliation of evidence is where one side of a litigation dispute destroys or alters evidence that the other side needs for its case.   

As a matter of fact, in addition to the severe sanctions a trial court will likely impose on a party for such conduct, the act of spoliation of evidence all by itself gives rise to a specific separate cause of action against a party who does it - including a party who was not initially involved with the case.  

Stated another way, if a defendant is being sued (or about to be sued), and (for whatever reason) a third party alters or destroys evidence that could be used in that lawsuit, that third party can be independently sued by either the plaintiff or the defendant for that conduct.   Most of the times however, the party who is altering or destroying the evidence is already a party to the lawsuit and is just doing this type of conduct to cover its proverbial tracks. We have been involved with litigation where spoliation of evidence has reared its ugly head on the other side of the table.   Very very nasty consequences.