In the field of criminal defense, so often a client approaches a lawyer or a law firm asking to get charges dismissed or thrown out. What many people do not realize is that an outright dismissal is one of the hardest, and most rare outcomes to secure, unless the client is willing to take the case to trial. Frequently, the prosecutor will not dismiss, an alleged victim will not allow it, or other external factors make a dismissal unattainable. While outright dismissals are rare, this did not stop J.R. Bernans from Rittgers’ criminal team from securing three separate dismissals across three separate counties in a short period of time recently.
In Butler County Court of Common Pleas, Mr. Bernans secured a dismissal of all felony charges against a client who was wrongly accused. When the Butler County Sheriff’s Office came to arrest the client, they charged the client with very serious felonies stemming from accusations of an angry ex-girlfriend. The client was charged with felonious assault under Ohio Revised Code §2903.11(A), a second-degree felony, weapons under a disability under Ohio Revised Code §2923.13-1, a third-degree felony, and domestic violence under Ohio Revised Code §2919.25, a fourth-degree felony. In total and if convicted on all counts, the client was looking at over fifteen years in prison. However, Mr. Bernans was able to secure a dismissal of all felony counts due to his own independent investigation of the case. By tracking down an independent and unknown eyewitness and working with law enforcement to provide supplemental information, the client was cleared of all felony charges.
In Mason Municipal Court, Mr. Bernans was able to secure a dismissal of a sex offense charge where the client had a previous attorney who was unable to make any progress with the case. In the case, the client was charged with public indecency under Ohio Revised Code §2907.09, a first-degree misdemeanor. This charge carried up to six months in jail and would have been the end of the client’s professional career. The client’s first lawyer had the case for three months before the client became frustrated at the lack of progress. Mr. Bernans was retained and immediately received the State’s evidence and began finding severe flaws and inaccuracies in the government’s case. Mr. Bernans worked with the Prosecutor and provided significant information that proved the client’s innocence. Within three weeks of being retained on the case, the client was cleared of all charges because his innocence was proven.
Finally in Cincinnati, Ohio and in the Hamilton County Municipal Court, Mr. Bernans secured a dismissal for a client that was accused of being involved in a nationwide trespassing and burglary crime-spree. The client was charged with criminal trespassing under Ohio Revised Code §2911.21(A)(1). This misdemeanor charge carried the possibility of jailtime, fines, and damage to the client’s permanent record. Detectives from the Cincinnati Police Department were positive that the client was a part of this criminal enterprise and had even gone to his high school administrators at Colerain High School to try and confirm his identity. However, when presented with the evidence, Mr. Bernans identified some inconsistencies in the state’s evidence and inaccuracies in the alleged timeline. With these case deficiencies and evidence of his own, Mr. Bernans negotiated with the prosecutor and detective to prove his client’s innocence. After these intense discussions, all charges were dropped, and the case was dismissed.
At Rittgers Rittgers & Nakajima, we always strive to do everything we can for our clients. Though dismissals are rare, they are always our goal. Unlike other law firms, our criminal team does not sit back and wait for trial or simply ask for a lesser charge deal from the prosecutor. We conduct our own, independent investigations and attack every case with our full repertoire of resources. We have experience all over southwest Ohio and will exhaust all options in securing the best outcome for you. If you are charged with a crime and have questions or need representation, please give us a call. Our consultations are free, and a member of our criminal team will sit down with you and explain next steps, a plan of attack, and how to best navigate your case. Our phones are open twenty-four hours a day and our number is 513-496-0134.