Uncategorized Contraband Case
We are currently handling a federal criminal case involving some really unique sentencing issues.
We are currently handling a federal criminal case involving some really unique sentencing issues.
The contraband in question is a THC dewy-like substance (used for “vaping”) that the federal government really does not know how to categorize.
The category that this substance is placed in seriously impacts the amount of the sentence the defendant is facing.
There is a fair body of law that holds that if there is “ambiguity” in how a criminal sentence is interpreted, that ambiguity is to be construed in favor of the defendant – and against the Government. Stay tuned on this one as well.
Battle with Insurance Company
We are in the process of ongoing litigation between an insurance company and its insured (our client).
We are in the process of ongoing litigation between an insurance company and its insured (our client).
Because of a typo that listed a car our client had not owned for some time, the insurance company refused to pay for a claim involving damage to the car.
Given the amount of the claim, it is simply beyond comprehension that the insurance company would not pay the claim. Stay tuned for this one.
Victorious Real Estate Verdict
We recently won a long legal battle between two sisters who were competing for the same piece of residential real estate.
We recently won a long legal battle between two sisters who were competing for the same piece of residential real estate.
One sister paid all of the bills (our client) and the other just collected all the rent (the mean sister).
The mean sister claimed that the property was all hers (because it was technically titled in her name).
We went to trial. We won. Our client is now the titled owner of the real estate.
Underage Drinking Case Poses Gray Area
How do we treat people who are illegally allowed to vote and can be held accountable for any of their adult actions, but who are not legally permitted to ever possess or consume alcohol?
One of the areas where we consistently get active involvement is in municipal prosecution.
We have a client right now who simply was in possession of an alcoholic beverage while that client was under the age of 21, but was over the age of 18.
This is an interesting and somewhat gray area of the law.
How do we treat people who are legally allowed to vote and can be held accountable for any of their adult actions, but who are not legally permitted to ever possess or consume alcohol? Stay tuned for details on this as well.
Pandemic Brings Issues on New Version of Justice
During the COVID-19 pandemic, we are running into a number of cases where magistrates or judges or a number of courts are issuing decisions and opinions based upon what would normally not be admissible in a in-person courtroom setting.
Although it does not involve any specific case, during the COVID-19 pandemic, we are running into a number of cases where magistrates or judges or a number of courts are issuing decisions and opinions based upon what would normally not be admissible in a in-person courtroom setting.
This is a double-edged sword for us, as sometimes our clients are the recipients of the benefits of this situation, and sometimes they are not.
We have had to have some philosophical discussions amongst ourselves about whether or not we could permit this newer version of justice to continue. Stay tuned for details on this as well.
Defending Father in Federal Criminal Case
In this particular case, the defendant, because of the way federal sentencing laws technically read, may have to face a 15-year mandatory prison term for having a firearm in his car when he went out to get baby formula and food for his wife and kids.
We are currently working on a very complicated federal criminal case.
In this particular case, the defendant, because of the way federal sentencing laws technically read, may have to face a 15-year mandatory prison term for having a firearm in his car when he went out to get baby formula and food for his wife and kids.
The technicalities of the federal law are somewhat complicated, and we are working as hard as we can to figure out a way to get him below this mandatory minimum.
Sometimes the way a federal statute or federal sentencing guideline is written is very harsh when applied to a particular case. Stay tuned for details on this.
Battling Insurance Company for Injured Client
We're still at war with the health insurance company that is attempting to grab a significant portion of a disabled and injured woman's personal injury proceeds.
We're still at war with the health insurance company that is attempting to grab a significant portion of a disabled and injured woman's personal injury proceeds.
In a rather disgusting application of Ohio law, the insurance company believes that the limited recovery for this woman should all go into their pocket.
We fight too many of these battles, and some of these insurance companies get incredibly greedy and expect everyone to do the work for them, and then just show up on payday.
Stay tuned for details here.
Defending Veteran in Automobile Accident
We are currently defending a very serious alcohol related automobile accident case.
We are currently defending a very serious alcohol related automobile accident case.
Our client is an 80-plus-year-old honorably discharged veteran who had an encounter with a motorcycle - on of all things Memorial Day weekend.
We are in the process of reviewing all the dash Cam and body Cam video associated with this very sensitive case, and have already located some issues that could assist this client.
The good news is that the client had lots of insurance, so anybody who might have been injured in the accident will be well taken care of on that end.
These are complicated and delicate types of cases.
Successful Civil Hearing
We just recently and successfully defended a client of ours who is accused of a bogus civil menacing by stalking complaint.
We just recently and successfully defended a client of ours who is accused of a bogus civil menacing by stalking complaint.
Just another example of how being prepared at a hearing makes all the difference. The person who filed the complaint had meritless claims.
We are very happy for our client for this outcome, the allegations were completely meritless and bogus.
Federal Zoom Court Proceedings
One of the things that COVID brought us in our practice was a remarkable increase in the use of video technology for court proceedings.
One of the things that COVID brought us in our practice was a remarkable increase in the use of video technology for court proceedings.
Even in September of this year, almost all of our federal court appearances, regardless of what they are, are done by video Zoom technology.
We think this type of technology is here to stay, regardless of where the current pandemic leads us.
We think Judges and magistrates and lawyers are learning how effective this technology is, specially from a time management standpoint.
Victorious Homeowner Dispute
We are also happy to announce that we recently won a lawsuit involving a homeowner dispute between two sisters.
We are also happy to announce that we recently won a lawsuit involving a homeowner dispute between two sisters.
Our client had purchased the home some time ago, put all the money down, and made all the improvements to the home so that she could live there, while also placing the home in the name of her sister (for credit history reasons).
At the end of all the improvements, the sister refused to comply with her part of the agreement and deed the house over to our client.
So, we had to go to trial. We won, and our client gets her home back. She was very happy.
Legal Malpractice Resolved
We are very happy to announce that we were able to successfully resolve a legal malpractice case.
We are very happy to announce that we were able to successfully resolve a legal malpractice case.
In this particular case, some lawyers from another law firm missed a statute of limitations deadline, which caused serious distress to our clients.
After a fair amount of litigation, the insurance company that covered the lawyers offered the limits of the policy.
Our clients were very happy indeed.
Expunged Felonies for Clients
In our criminal justice practice, we recently had two clients successfully get permission to enter what is called a diversion program.
In our criminal justice practice, we're happy to announce that we recently had two clients successfully get permission to enter what is called a diversion program.
This means that their felony case, if they complete the program, will not only be dismissed but expunged.
We had some very happy clients when they were offered this opportunity.
Expecting Positive Outcome in Injury Trial
We are able to show through some diagrams and some Google Earth photographs that our client may in fact have been in the right, despite having been ticketed by the Police Department.
In our personal injury practice, we might be very close to resolving a serious injury case where there was a big dispute about who had the green light.
These cases are always very difficult to resolve, but we are able to show through some diagrams and some Google Earth photographs that our client may in fact have been in the right, despite having been ticketed by the Police Department.
Stay tuned for more.
Client's Lawsuit Successfully Dismissed
In our civil litigation practice, we were successful in getting an Amish client’s lawsuit dismissed.
In our civil litigation practice, we were successful in getting an Amish client’s lawsuit dismissed.
This poor guy has been working for years, supporting his family and was sued by a wealthy bigger contractor in an attempt to shake him down for some money for a mistake that the contractor himself made.
Our client wanted nothing more than to go back to work immediately after the case was dismissed.
Says a lot about him and we were happy to help.
Successful Criminal Justice Outcomes
In our criminal justice practice, we were successful recently in two cases by getting our clients into what are called “diversion” programs.
In our criminal justice practice, we were successful recently in two cases and getting our clients into what are called “diversion” programs.
These are great programs because if the client successfully completes them, the case is dismissed, and the client’s arrest and prosecution is expunged.
We have very happy clients and worked hard for them.
Federal Motion to Suppress Completed by Zoom
We recently were able to conduct an entire federal motion to suppress by Zoom, and were able to present photos and documents to the witnesses from our laptop, while the witness was at a police station and the judge was in the courtroom.
We recently were able to conduct an entire federal motion to suppress by Zoom, and were able to present photos and documents to the witnesses from our laptop, while the witness was at a police station and the judge was in the courtroom.
This may be the way of the future for many hearings like this even after the COVID issue ends.
Client Wins Custody Battle
We recently had a post-decree divorce case resolve on the day of the hearing – with the complete return of the parenting schedule that our client had sought for almost two years.
We recently had a post-decree divorce case resolve on the day of the hearing – with the complete return of the parenting schedule that our client had sought for almost two years.
Our client never blinked or hesitated on her position - but the ex-spouse did on the morning of the hearing.
This case also involved a brand new statute that dealt with how domestic relations courts are to deal with medical marijuana issues.
Successful Traffic Outcome for Client
In our personal injury practice, we recently were able to turn a problematic serious automobile accident case around.
In our personal injury practice, we recently were able to turn a problematic serious automobile accident case around.
We actually visited the location of the accident and recorded the location and timing of the traffic lights at the intersection.
This boots-on-the-ground investigation revealed that the police officer had gotten the facts wrong.
Sometimes it really helps to do your own independent investigation of the location of a traffic accident.
Appearing Before Ohio Supreme Court
Michael O’Shea presented an oral argument to the Ohio Supreme Court on an issue of attorney discipline (we represent a lawyer who was charged with some disciplinary issues).