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Real Client Success Stories

There have been numerous stories of positive verdicts being reached with the help of our firm. Our clients know that we treat their case with the highest level of dedication and passion that they can often rest easy knowing their situation is in excellent hands.

On one occasion, Attorney Brian Jones was given only two hours to prepare for a case before being asked to defend his client before the court. He refused to comply with the judge’s orders, knowing full well that merely a few hours would not be enough time to prepare a case worthy of his client. Arrested for his non-compliance with court orders, he was later released and given the President’s Commendation for Outstanding Service as a high honor. It is because of instances such as this that the firm has become known as a team of legal representatives that seeks to bring about justice while protecting the rights of each of their clients.

Our firm has had several clients this year who were wrongfully accused of stealing from area stores. Including the following case of Client X, a total of three different clients have had their charges dismissed due to the diligence of Attorney Brian Jones and his team.

Case Examples

Allegation: 25-year-old sexual allegations

Result: All Charges Dismissed

Why We Won: After being subjected to 25-year-old sexual allegations, with the tremendous efforts of the attorneys and staff at The Law Office of Brian Jones, the pending accusations were dismissed before indictment occurred. We couldn’t be happier for our client and the outcome!

Charge: Sexual molestation

Result: All Charges Dismissed

Why We Won: Our client was charged with rape when a five-year-old girl claimed our twelve-year-old client touched her during nap time at the in-home day care our client’s mother ran. The allegation couldn’t be true because the girl was never out of the care-giver’s vision. Nevertheless, the police forced the little girl to go through an invasive and embarrassing Sexual Assault Nurse Exam. The swabs from the exam revealed Y-Chromosome DNA that could not exclude our client as a contributor. Fortunately, our attorneys are big nerds and know that Y-Chromosome DNA is identical in hundreds of thousands of men all around the world. We gave the judge a science lesson and excluded the DNA results from trial. Then we went to work on the law. When the girl failed to repeat her allegations to the prosecutor, the girl’s mother became the government’s only witness. We hit the law books, put on our litigator suits and, through written argument and in court testimony, convinced the judge the mother’s testimony was hearsay without a valid exception. Furthermore, the attorneys convinced the prosecutor that the main witness’s testimony wasn’t reliable. These negotiations were successful in dismissing the case for our client.

Charge: 5 Counts of Rape

Result: Dismissed

Why We Won: Client was indicted in 2018 from allegations originally made in 2012. 6 years later! Nevertheless, our attorneys were able to file a motion to dismiss due to Pre-Indictment delay, as well as a motion due to charges being outside the statute of limitations. These motions were recognized by the court, and the case was granted by a dismissal.

Charge: Misdemeanor Telecommunications Harassment, Menacing

Result: Dismissed and record sealed

AllegationOur client, a loving husband, became enraged when he discovered that his wife had been having an extramarital affair. In the heat of his rage, he made excessive phone contact with, and allegedly threatened the man with whom his wife had been having a relationship. Attorney Elizabeth Osorio expertly handled the case, leading to the victim no longer wanting to press charges against our client, which resulted in the State dismissing the case. After the conclusion of the case, our office worked with the client to seal the records, allowing our client to continue living his life free of a criminal record.

Charge: Sexual Abuse

Result: Not Guilty

Allegation: State of Ohio v. McElroy: A loving father and husband was shocked when he was accused of sexually abusing his daughter in law. Through a jury trial we portrayed the sinister intentions of the wife and inconsistency of the story.

Charge: Falsification

Result: Case Dismissed

Allegation: State of Ohio v. Gilliam: Our client, a member of the deaf community, was charged with falsification. It was claimed that she lied to a police officer while reporting harassment against her. Rather than worry about the harassment the Officer targeted our client. Through thorough investigation we found that not only did the responding officer not attempt to use nonverbal communication, he also had a speech impediment that made lip reading impossible. Our client was not lying, she just did not understand the Officer. Simply a miscommunication. When we explained the miscommunication to the prosecution, they decided to drop the charges.

Charge: Theft

Result: Case Dismissed

Allegation: State of Ohio v. Patel: While using the self-checkout at a local store our client forgot to scan an item under the cart and was accused of theft. Having a limited understanding of the law and following relentless harassment by a Loss Prevention Officer she plead guilty to being involved in the theft. Upon realizing the charge was affecting her career she sought our help. In the end, we were able to get her guilty plea withdrawn, had the case dropped and her record sealed.

Charge: OVI

Result: OVI Dismissed

Allegation: State of Ohio v. Smith: Our client got into a car accident on a country road and was found several hours later. At the hospital he “failed” a Breathalyzer test and was charged with OVI and failure to control. Facing serious charges and a suspended license he sought out help. Our client was passed out from the accident for an unknown amount of time, so there is no timeframe for the accident. This is important because breath tests must be given within three hours of driving and there was no way of knowing when he last drove. This failure to follow protocol turned this from an OVI case to a car accident case. The OVI charges were dropped and our client was held accountable for his wreck.

Charge: Theft

Result: Case Dismissed

Allegation: State of Ohio v. Carnahan: A relaxing shopping trip for a busy mom turned into a nightmare when she was accused of theft. When an item she scanned registered incorrectly at the self-checkout, she was viciously confronted by the loss prevention officer. We pointed out the lack of evidence as well as the ridiculousness of the allegation and the case was dropped by the prosecution.

Charge: Arson and Domestic Violence

Result: Not Guilty

Allegation: State of Ohio v. Bell: Our client was charged with arson and domestic violence based off of his deadbeat girlfriend’s claims and a biased report from the fire investigator. We highlighted the problems with the report as well as the true character of the ex-girlfriend and won our client his freedom.

Charge: Planned Attack

Result: Charges Dropped

Allegation: State of Ohio v. Stover: After the loss of a close friend, our teenage client was going through times that would bring a well-adjusted adult to their knees. Rather than give him help in these difficult times society treated him as an outcast because of his interest in goth culture. Worse yet, rumors were going around town that he was planning a shooting as revenge. The police got involved and our client was facing time in juvie and expulsion from school. After translating the complex emotions of our client to the various players involved, everyone saw what we knew all along: our client was just a harmless kid going through the hardest time of his life. In the end the charges were dropped and our client was allowed to continue his education.

Charge: Theft

Result: Case Dismissed

Allegation: State of Ohio v. Carr: A hardworking carpenter had agreed to build cabinets for a returning customer and had done his part, but was waiting for the customer to decide on some specifics. The customer took months without giving direction and abruptly voided the contract. Not only that, but he demanded all of the money back that our client had spent in buying supplies and making the cabinets. When our client refused, as any reasonable person would, he was charged with theft. The case went to trial, but we never even got to make our case. After the State made their argument, the Judge thought the case was so ridiculous that he dismissed it with the rare Criminal Rule 29 Judgmental Acquittal.

Charge: Two Counts of Burglary and Two Counts of Theft of Dangerous Drugs

Result: Found Not Guilty

Charge: OVI with a Breath Test Over the Legal Limit

Result: 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 officer, 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 the 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.

Charge: Theft

Result: Charges Dismissed

Allegation: 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.

Charge: Assault

Result: Charges Dismissed

Allegation: Client was charged with assault, a first-degree misdemeanor, after allegedly hitting another person. Our investigation revealed inconsistent, unbelievable statements from the State’s witnesses. Our investigation also revealed favorable witnesses that the 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.

Charge: Criminal Damaging

Result: Charges Dismissed

Allegation: 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 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 dismissed the charge several days before trial.

Charge: Domestic Violence, Assault, Disorderly Conduct

Result: 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.

Charge: Felonious Assault with a Deadly Weapon

Result: 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.

Charge: Operating a Motor Vehicle Under the Influence of Alcohol (“OVI”), Operating a Motor Vehicle While Impaired by Alcohol, Marked Lanes Violation

Result: 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 overzealous 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 exercise 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.

Allegation: OVI/Possession of Marijuana

Result: Reduction of charges

After careful scrutiny of the BMV Administrative License Suspension form, we were able to errors in the imposition of the Administrative Suspension by the arresting officer. Our client got his license back immediately and was able to drive while his case was pending. By eliminating the punishment before conviction, our client was relieved of the pressure added from pre-trial suspension and able to make decisions about his case based on the merits of his available defenses. Ultimately, we are able to secure a reduction from the originally charged offense.

Allegation: Speeding

Result: Reduction of charges

When a client came to our office with a series of speeding tickets and was close to losing his license, we went to work finding as many solutions as possible. While the prosecutor was not willing to drop the ticket, we did find out what programs were available to effectively reduce the number of points on his license as well as brainstorm solutions to avoid future run-ins with law enforcement including downloading an app that monitors vehicle speed and alerts when the user is going too fast.

Allegation: Permitting underage consumption

Result: Reduction of charges

Police conducted what we believed to be an illegal search of our client’s residence. Though we lost at the Motion to Suppress hearing, the presentation of evidence at that hearing convinced the prosecutor that we might secure an acquittal at trial or a reversal on appeal. The prosecutor offered a substantially reduced charge with no probation and we convinced the Court to impose a minor fine.

Allegation: OVI

Result: OVI Dismissed

OVI dismissed. Our client experienced a medical episode resulting in a single car accident. When confronted by law enforcement, she was accused of drunk driving. Our office litigated and won a Motion to Suppress because the officer failed to properly conduct field sobriety tests and the voluntary urine sample was mishandled by the testing laboratory. We convinced the errors were no simply minor, but rather so significant that they rendered the result of the test unreliable.

Issue: Custody

Result: Full Custody

A father came to us desperate to protect his infant son from an erratic and potentially dangerous relationship with his birth mother, who was suspected of suffering a drug addiction. After working with our client to establish paternity, track the mother down, and argue our case to the Court, we were able to convince the Court that it was in the best interest of the child for his father to receive full custody of his son, with any visitation with the mother to be in his discretion and supervised. This case is all too common with the opioid epidemic and it’s important for parents to know that there are legal remedies available to protect minor children from exposure to drug use.