Bg Banner
  1. Home
  2.  → 
  3. Case Results Overview
  4.  → Criminal Representative Cases

Choose Category

Criminal Defense Results

The following case summaries highlight some of the various trial results, plea reductions, and ultimate resolutions achieved for clients by the criminal defense lawyers at Rittgers & Rittgers.

Not Guilty Verdicts

 


 

MURDER

 

Not Guilty Verdict

Young Woman Charged with Aggravated Murder and Other Felony Charges


Our client was facing a mandatory life sentence and accused of killing her newborn child and burying her in the backyard. The case involved a false confession coerced as a result of the controversial interrogation method known as the Reid Technique. More than ten expert witnesses were consulted / used in the case. The trial garnered national and international publicity after the prosecutor’s office told the public our client had admitted to burning and killing her baby. The jury was out a short period of time and found our client NOT GUILTY of murder and all the most serious felony charges.

Not Guilty Verdict

17-Year-Old Charged with Murder (F1) and Charged as an Adult


Our client was charged with Felony Murder as a result of a death that occurred at a local youth home. The prosecutor elected to try our client as an adult in adult court. No plea offers were made in the case. If convicted the mandatory sentence was life in prison with the opportunity for parole after 15 years. After a jury trial, our client was found NOT GUILTY of Murder and convicted of Involuntary Manslaughter. He was sentenced to serve an additional 54 days and probation.

Not Guilty Verdict

Twenty-year-old Man Charged with Murder; Faced 15 Years to Life in Prison


Suffering from bipolar disorder, our client beat his mother to death with a baseball bat. Following a trial, client was found NOT GUILTY by reason of insanity.

SEX OFFENSES

 

Not Guilty Verdict

Dental Assistant Charged with Rape (F1) and Two Counts of Gross Sexual Imposition (F4). Faced Lifetime Mandatory Sexual Registration and Up to 14 Years in Prison


Our client was a 26-year-old dental assistant who was accused of groping a patient during a procedure and accused of inserting his finger in between the patient’s labia. He faced significant mandatory prison and risked being a Registered Sex Offender for life. Following a trial, he was found NOT GUILTY on all counts.

Not Guilty Verdict

Local Mayor Accused of Sexual Imposition – Faced Mandatory Sex Offender Registration


Our client was the mayor of a local village and was accused by an employee of inappropriate sexual touching. He was charged with Sexual Imposition. Although only a misdemeanor, if convicted our client would have been a Registered Sex Offender as required by law. The mayor was removed from office pending trial. Following a jury trial, he was found NOT GUILTY and was reinstated as mayor shortly thereafter.

Not Guilty Verdict

A Teacher Accused of Sexual Relationship with Student – Faced Mandatory Sex Offender Registration


Our client was a high school beloved teacher. A former student accused him of having a sexual relationship before she graduated from high school. Three of the accusers friends testified against the teacher on her behalf. The Ohio Attorney General’s office prosecuted the case because of a conflict with the local prosecutor’s office. The jury was out a very short period of time and found our client NOT GUILTY of all counts which were felony Sexual Battery charges.

Not Guilty Verdict

Public Indecency


After a tumultuous upbringing, a teenager who was upset with her mother, accused her mother’s boyfriend of masturbating in front of her. No plea was offered by the prosecutor that did not include at least ten days of jail and a criminal conviction that would impact our client’s job. Following a jury trial our client was found NOT GUILTY of all charges.

Not Guilty Verdict

Married Man and Father of Three Charged with Six Counts of Sexual Battery (F3). Faced Lifetime Sexual Registration and 18 Years in Prison


Our client was a foster parent and was accused of having sex with one of the foster children placed in his family’s care. The accuser was a 16-year-old girl who testified at trial. The prosecutor refused to offer a plea to any offense that was not a felony and did not carry mandatory sexual registration requirements. After a jury trial, our client was found NOT GUILTY on all counts.

Not Guilty Verdict

Gross Sexual Imposition


A juvenile was accused of inappropriate sexual conduct with another juvenile in a basement after school. The Warren County Prosecutor’s office refused any plea to a non-sexual offense given the accusations. During trial, Charlie M. Rittgers successfully demonstrated at trial that the accuser’s story was not believable, and our client was found NOT GUILTY of all charges.

Not Guilty Verdict

25-Year-Old Charged with Rape (F1) and Kidnapping (F1); Faced 20 Years in Prison


Our client allegedly kidnapped a young woman off the street and left her in a state park after having sex with her. Following a trial, client was found NOT GUILTY.

Not Guilty Verdict

A Lieutenant Colonel with 19 Years of Service in the Army Was Charged with 13 Felony Counts of Gross Sexual Imposition; Faced 33 Years in Prison


Our client allegedly molested his daughter. In June 2004, after a three-day trial, client was found NOT GUILTY of ALL felony charges. Client was convicted of nine misdemeanors and served six months in the County Jail.

DUI / OVI & VEHICULAR OFFENSES

 

Not Guilty Verdict

Bartender Charged with DUI (M1). Faced Mandatory License Suspension, Jail


Our client was driving home from work when she was pulled over for not having a front license plate. The officer claimed to observe six out of six clues on the HGN (horizontal gaze nystagmus) test, claimed a strong odor of alcoholic beverage, and blood shot eyes. Our client refused all other standardized field sobriety tests as well as the breath test. Following a trial, our client was found NOT GUILTY.

Not Guilty Verdict

Man Charged with Vehicular Homicide (M1). Faced Six Months Jail After Car Crash Kills Victim:


Our client was accused of failing to yield the right-of-way and was cited as at-fault for the car crash that killed one person. He was facing jail and a significant license suspension. He was found NOT GUILTY following a trial.

Not Guilty Verdict

40-Year-Old Truck Driver Charged with Driving Under the Influence (DUI); Faced Six Months in Jail and Mandatory License Suspension


Our client was found asleep by police behind the wheel of his car at a fast food restaurant. Following a trial, client found NOT GUILTY.

Not Guilty Verdict

20-Year-Old Drove Left of Center and Was Driving with No Shoes Charged with DUI; Faced Six Months in Jail and a License Suspension


Our client was stopped and given the standard field sobriety tests which he supposedly failed. Following a trial, client was found NOT GUILTY.

DOMESTIC VIOLENCE

 

Not Guilty Verdict

Teacher and Mother of Two Charged with Domestic Violence (M1); Faced Six Months in Jail and Loss of Teaching Certificate


Our client hit her ex-husband on the back as he was removing the keys from her car. Client found NOT GUILTY.

Not Guilty Verdict

Father Charged with Domestic Violence (M1). Faced Six Months in Jail


Three independent witnesses called the police after an incident between a father and his 10-year-old son. The witnesses claimed that the father hit his son multiple times in the face and head. The prosecutor refused to offer any plea bargain other than a guilty plea to Domestic Violence. Following a jury trial, our client was found NOT GUILTY.

Not Guilty Verdict

Man Charged with Abduction (F3), Domestic Violence (M1), and Aggravated Menacing (M1). Faced Eight Years in Prison


The most serious charge, Abduction, carried a maximum of five years in prison as well as a gun specification carrying an additional mandatory three years in prison. The state’s only plea offer was to dismiss the misdemeanor Aggravated Menacing in return for a four-year agreed sentence on the Abduction, gun specification, and Domestic Violence. Following a jury trial, the man was found NOT GUILTY on all charges.

Not Guilty Verdict

Husband Charged with Domestic Violence (M4)


Our client was accused of threatening harm to his wife. Following a trial, our client was found NOT GUILTY.

OTHER CRIMINAL OFFENSES

 

Not Guilty Verdict

Felonious Assault


The best plea bargain our client was offered was an third degree felony after a video showed him repeatedly punching another man who appeared to lose consciousness at a local bar after being hit. We went to a jury trial and the jury found him NOT GUILTY of the felonious assault and guilty of the lesser included misdemeanor assault which was appropriate for the offense.

Not Guilty Verdict

Ph.D Student and Adjunct Professor from New York City Charged with Theft (M1) from SAKS Fifth Avenue


Our client faced immigration issues, deportation, and jail if convicted of Theft. He was accused of stealing from the Cincinnati SAKS store after he mistakenly walked out of the store with a shirt he had not yet purchased. Client was found NOT GUILTY after a jury trial.

Not Guilty Verdict

Paramedic Charged with Theft of Drugs (Morphine) (F4) and Illegal Processing of Drug Documents (F4); Faced Three Years in Prison, Loss of License as a Paramedic and Suspension of Driver’s License


After an inventory of the drugs kept for ambulance runs, our client was charged with stealing morphine. Following a trial, client was found NOT GUILTY.

Not Guilty Verdict

Theft


Our client was charged with theft after she mistakenly accepted a package from UPS that was addressed to a neighbor. Nicholas Graman successfully showed that UPS had delivered the package to the incorrect address and that our client accepted the package without knowing it was not hers and with no intent to deprive her neighbor of the property. She faced up to 180 days in jail but was found not guilty after a trial.

Not Guilty Verdict

Underage Possession and Consumption


After being found in a bathroom with her highly intoxicated friend, our client admitted to drinking when she was questioned by the police. Despite her admission to consuming alcohol, attorney Nicholas Graman successfully argued that there was no proof the consumption occurred within the court’s jurisdiction and that there were no indications of impairment aside from an odor of alcohol and our client’s admission. She was found not guilty after a trial to the judge.

Not Guilty Verdict

Man Charged with Violating a Protection Order (M1). Faced Up to Six Months Jail


Our client was 50 years old and accused of violating a protection order. Our client went to a softball game where a protected person was in attendance. The police were called, and he was immediately arrested, jailed, and released on a GPS monitor despite the fact that he did not know the protected party was attending. Following a trial our client was found NOT GUILTY.

Not Guilty Verdict

Mother of Three Charged with Shoplifting (Theft – M1); Faced Six Months in Jail


Our client walked out of a store with several items not purchased. Following a trial, client was found NOT GUILTY.

Not Guilty Verdict

Single Professional Woman Charged with Theft (F5); Faced One Year in Prison and Loss of her Job


Our client was prescribed a new medication and subsequently suffered from a drug-induced psychosis leading to the theft of $900 worth of merchandise from a store. Following a trial, client found NOT GUILTY by reason of insanity.

Dismissals & No Charges Filed

 


 

No Charges Filed

Rape Accusation


Our client was accused of rape after a friendship he had with a woman turned romantic. After a night of drinking and sex in downtown Cincinnati, the woman claimed she was forcibly raped. The woman had often expressed guilt when flirting with our client because of having a boyfriend. Our client faced up to eleven years in prison and mandatory lifetime sex offender registration. Attorney Steve Kilburn conducted his own investigation by speaking with witnesses and gathering evidence. As a result of his investigation and presentation of evidence, the case was not presented to a grand jury and no charges were filed.

Charges Dismissed

Man, 58, Accused of Murdering Wife (F1) Faced Life In Prison


Our client was wrestling a shotgun away from his depressed wife —– he believed the gun was unloaded — when it accidentally discharged. A grand jury decided to NOT INDICT him for murder. Prosecutor closed the case, absent new evidence.

No Charged Filed

Mother and Father Facing Multiple Child Abuse and Neglect Charges


A doctor at Cincinnati Children’s Hospital claimed two children of the couple had been abused. The parents were being investigated for felonious assault, child endangering and child abuse. Rittgers & Rittgers retained experts who refuted the Children’s Hospital doctor’s claim which was based on controversial medical studies. The children had been adopted from a foreign country and the injuries were likely sustained prior to their entering the United States. No charges were filed.

Charges Dismissed

School Threat


Our client was accused of leaving a note on his desk that stated he wanted to kill another student and “shoot up” the school. He was charged with Making False Alarms. The prosecutor refused any reduction, so Steve Kilburn filed a motion to dismiss that was ultimately granted by the Court. Our client avoided a criminal conviction.

Charges Dismissed

Man, 54, Charged with Drug Possession, Drug Trafficking, and Possession of Criminal Tools. Faced Up to Three Years in Prison, License Suspension, and Forfeiture of Over $10,000


Our client was suspected of drug trafficking as a result of law enforcement surveillance. He was stopped while driving on the interstate. Drugs and an excess of $10,000 in cash were found after his vehicle was searched. We challenged the constitutionality of the stop and the search. Following a motion to suppress, the Court agreed that our client’s constitutional rights had been violated due to the prolonged detention, and the case and all charges were DISMISSED.

Charges Dismissed

Man Driving New Cadillac Escalade Stopped and Arrested on I-75


Our client was traveling north on I-75 when he was stopped by law enforcement for driving on a suspended license (DUS). His vehicle was searched and 19 stolen credit cards were found with roughly $15,000 cash. The police seized the credit cards, cash, and vehicle. Following a motion to suppress in which the Court agreed that our client’s constitutional rights had been violated, the case and all charges were DISMISSED.

Charges Dismissed

Young Man with Two Prior DUIs Charged with a Third DUI; Faced Six Months in Jail


After winning a pretrial motion which gutted the state’s case, the state appealed and lost which resulted in the case being dismissed.

No Charges Filed

A Mother Left her Baby in Car


A mother mistakenly and tragically left her child in her vehicle on a summer day. The child died. No charges were filed. The mother and her husband have worked to help prevent similar tragedies from occurring in the future and will never get over the tragic loss of their child.

College Student Defense

 


 

Successful College Student Defense

Assault


Working in our Oxford Office just off campus at Miami University, attorney Neal Schuett, protects college students’ rights to attend school and their futures. Under Ohio law all public universities must suspend any student for any conviction for a violent offense for at least one year. Neal Schuett has recently saved several students from expulsion from Miami and Ohio colleges. Neal has successfully crafted resolutions in assault cases whereby students are permitted to remain on campus and avoid a violent crime conviction.

Successful College Student Defense

Title IX


Neal recently represented a student after a Title IX hearing panel found him responsible for sexual misconduct and suspended him for one year. On appeal, Neal successfully argued that the sanction was inappropriate, and the appellate board reversed the hearing panel’s suspension permitting the student to graduate on time.

Successful College Student Defense

Hazing Accusations


 Miami University imposed a multi-year suspension on a fraternity after several hazing allegations. was hired to represent and negotiate for the fraternity. Using his years of experience and knowledge of the Miami University process, he was able to lead the fraternity leadership down a path that ultimately prevented a suspension and the fraternity was permitted to remain on campus.

Plea Offers

 


 

Not all cases are tried to a judge or jury. Many cases are resolved through plea negotiations. The following factors impact the resolution of criminal cases:

  • Reputation of the attorney
  • Strengths and weaknesses of the case
  • Desire of the client and the victim or government to reach an agreement

Below are a few of our cases we negotiated:

 

Successful Plea

First Offense OVI


Our client was charged with an OVI after a car crash in Hamilton County, Ohio. She submitted to standardized field sobriety tests and provided a breath sample. Her BrAC registered 0.158 which is roughly twice the legal limit in Ohio. Through plea negotiations, Charles M. Rittgers was able to facilitate a plea whereby she was able to avoid the OVI conviction by pleading guilty to a Reckless Operation and no contest to the Failure to Control related to the car crash. The plea avoided an OVI conviction that threatened her career and resulted in no jail time.

Successful Plea

Felony Sex Offense


Our client was charged with a felony sex offense in Butler County that required mandatory sexual registration, potential prison time, and a felony conviction. Through extensive plea negotiations, Neal Schuett was able to successfully negotiate a plea to a non-sexual misdemeanor offense avoiding a felony conviction, sexual reporting, and jail.

Successful Plea

First OVI


Our client was charged with a felony OVI because he had three prior OVI convictions within ten years. He was facing several years in prison, a lifetime license suspension, and a fine of over $10,000. Plea negotiations were complicated by the fact that at the time he was charged with the felony OVI, he was in a treatment program for an unrelated felony offense. Nicholas Graman was able to negotiate a plea to a misdemeanor OVI and an agreement that he could remain in the treatment program on the unrelated felony and continue to work toward an outright dismissal of that offense.

Successful Plea

Felony Sex Offense


Our client was an 18-year-old University of Cincinnati college student who faced a sentence of five years in prison and a lifetime of sex offender registration after a female accused him of forcing himself on her after a night of drinking in Hamilton County. The two students met during a night of drinking and the female student made the accusation after she woke up with bruising to her neck and chest. After retaining attorney Ed Perry who conducted his own investigation and met with several student witnesses who were ready and willing to support our client at trial, the case was ultimately resolved short of a trial with a plea to a misdemeanor that avoided a felony, sex offender registration, jail, and gives our client the ability to seal the misdemeanor conviction in 18 months.

Juvenile Court

16-Year-Old Boy Charged with Aggravated Vehicular Homicide (F2); Faced a Mandatory Lifetime License Revocation and Incarceration Until the Age of 21


One day after obtaining his driver’s license, our client drove left of center, killing a woman and her unborn child. Prior to the crash our client had smoked marijuana. After a trial, our client was convicted of an F3 Aggravated Vehicular Homicide and Sentenced to a Treatment Program for Juveniles and is eligible to obtain a driver’s license in the future.

Successful Plea

First Offense OVI


Our client was charged with an OVI after a car crash in Hamilton County, Ohio. She submitted to standardized field sobriety tests and provided a breath sample. Her BrAC registered 0.158 which is roughly twice the legal limit in Ohio. Through plea negotiations, Charles M. Rittgers was able to facilitate a plea whereby she was able to avoid the OVI conviction by pleading guilty to a Reckless Operation and no contest to the Failure to Control related to the car crash. The plea avoided an OVI conviction that threatened her career and resulted in no jail time.

Successful Plea

A Man Arrested and Charged with an OVI for the Third Time Was Facing Jail, License Suspension and Increased Insurance Premiums


Despite the fact that this was the third time the client had been charged with drinking and driving, the client plead to the reduced charge of Reckless Operation. He does not have a single DUI/OVI on his record.

Successful Plea

Assistant Junior High School Principal Indicted on 15 Counts of Sexual Battery (All Counts – F3); Faced 75 Years in Prison and Registration as a Sexual Predator or Offender


After negotiations, the client plead to one count of felonious assault and was sentenced to one day in jail and five years of community control (probation).

Successful Plea

38-Year-Old Man Charged with Importuning (F5), Attempted Unlawful Sexual Conduct with a Minor (F5), and Disseminating Matter Harmful to Juveniles (F5); Faced Three Years in Prison


After plea negotiations, client received 30 days in the county jail with work release and three years of community control (probation) after pleading to two counts of Importuning.

Successful Plea

A College Student Was Charged with an OVI (M1) for the Third Time and Was Facing, Among Other Things, a Minimum of 60 Days in Jail


On the day of trial, the prosecutor agreed to allow the client to plead to the reduced charge of Physical Control. That same client had a similar pending charge in a different court in which we were able to negotiate a dismissal.

Successful Plea

Recent College Graduate Charged with Aggravated Vehicular Homicide (F2); Faced Mandatory Two to Eight Years in Prison and Lifetime License Revocation


A 23-year-old father of a young daughter recently killed his best friend in a drunk driving accident and was charged with Aggravated Vehicular Homicide after giving a blood sample which was allegedly over twice the legal limit. Due to various issues and negotiations, including the victim’s family’s support, the F2 Aggravated Vehicular Homicide, which carried two to eight years in prison and a lifetime license suspension, was reduced to an F3 Aggravated Vehicular Homicide and the defendant was given six months in jail with work release, community service, and a five-year license suspension. Defendant also agreed to support the victim’s daughter.

Successful Plea

48-Year-Old Step-Grandfather Was Indicted on Charges of Rape and Five Counts of Gross Sexual Imposition; Faced Life in Prison


Our client allegedly molested his step-granddaughter. After plea negotiations, client pled to one count of Gross Sexual Imposition and was sentenced to six-month sex offender treatment program and community control (probation).

Successful Plea

28-year-old Female Charged with 13 Felony Theft Counts


Our client allegedly stole money from her employer. After negotiations, all counts were reduced to one misdemeanor contingent upon payment of restitution.

Successful Plea

40-year-old Divorced Mother Charged with Possession of Cocaine (F4); Faced 18 Months in Prison and Loss of License


Following negotiations, felony was reduced to a misdemeanor charge and client sentenced to community control (probation).

Successful Plea

Woman Charged with Felony Theft (F5)


A woman was charged with felony theft and risked losing her job if she was ultimately convicted of any felony or misdemeanor theft conviction. After negotiations with the prosecutor, the felony charge was dismissed in exchange for a plea to a fourth-degree misdemeanor (M4) and payment of restitution.

Successful Plea

Man Facing F2 Robbery Charges (Two-Eight Years in Prison)


After negotiations with the prosecutor, our client agreed to plea to two misdemeanor charges and serve 15 days in jail in exchange for having the felony charge dismissed.

Successful Plea

Ex-Wife Facing F1 Aggravated Burglary (Three-10 Years in Prison)


During a heated custody argument, our client was accused of breaking into her ex-husband’s home. The felony charges were dropped in exchange for a plea to misdemeanor trespass. She served three days in jail after the arrest when she was awaiting arraignment. After the plea, she did not receive any additional jail time.

Successful Plea

A Michigan Resident Facing a Second OVI Charge in Six Years and Potential Lifetime License Revocation in Michigan After Testing 0.165 BAC


The state of Michigan suspends driver’s licenses indefinitely for a second DUI conviction in six years. Our client was a Michigan resident who was charged with OVI in Ohio. After negotiations with the prosecutor, the OVI charge was amended and our client was able to plea to the reduced charge of reckless operation and keep his license.

Ohio Felonies Are Classified as Follows:

 

Offense

Minimum Term

Maximum Term

Maximum Fine

Aggravated Murder

Life w/parole opportunity in 20 years.

Death

$25,000

Murder

15 years

Life

$15,000

F-1

3 years

10 years

$20,000

F-2

2 years

8 years

$15,000

F-3 (Agg. vehicular homicides; agg. vehicular assaults; sexual battery; unlawful sexual conduct with a minor; gross sexual imposition

1 year

5 years

$10,000

F-3 (All other offenses)

9 months

36 months

$10,000

F-4

6 months

18 months

$5,000

F-5

6 months

12 months

$2,500

 

CERTAIN CRIMES SUCH AS RAPE OF A CHILD OR MURDER CARRY MANDATORY LIFE SENTENCES

 

Ohio Misdemeanors Are Classified as:

Offense

Minimum Term

Maximum Term

Maximum Fine

M-1

None

180 days

$1,000

M-2

None

90 days

$750

M-3

None

60 days

$500

M-4

None

30 days

$250

M-M

None

None

$150

 

Other Cases Affecting Law in Ohio

 

The following are case cites of some of the cases that we have handled in the Supreme Court of Ohio which made law in the state of Ohio:

 

1. State v. Hochhausler, et al. (1996), 76 Ohio St. 3d 455

2. State v. Shindler (1994), 70 Ohio St. 3d 54

3. State v. Mayl (2005), 106 Ohio St. 3d 207

4. State v. Niessen-Pennycuff (2012), 132 Ohio St. 3d 416