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Thursday, September 2, 2010

Criminal Case Results

July 28, 2010: Man charged with fifth speeding (78 mph in a 65 mph zone) violation within a year reduced to a no points speed and payment of fine and costs.

July 27, 2010: Man charged with resisting arrest, fleeing and eluding, found not guilty by reason of insanity.

July 26, 2010: Man charged with a second OVI offense within six years, failure to control.  The matter was reduced to reckless operation in Logan County.

July 26, 2010:  A neighbor filed a Petition for a Civil Protection Order against another neighbor for menacing by stalking in Logan County Common Pleas Court.  The matter was dismissed.

July 20, 2010: Man charged with a third underage alcohol consumption offense within one year in Dublin Mayor’s Court.   The matter was resolved with probation and no further consequences with his probation being violated for the previous underage charges.

June 29, 2010:  Man charged with OVI.  The matter was reduced to physical control and the Administrative License Suspension terminated.

June 28, 2010:  Man charged with possession of a dangerous ordinance and facing the possibility of prison.  The matter was resolved with the imposition of probation.

June 28, 2010: Woman charged with three counts of misuse of a credit card against an elderly person and fraud against an elderly person.  Felonies of the second, third and fourth degree. The matter was resolved by imposition of probation.

June 22, 2010: Man charged with possession of drugs and violating his probation for a former drug charge.  The matter was resolved without incarceration and continuing his probation.

June 4, 2010: Man indicted for two counts of trafficking drugs and aggravated trafficking drugs, second degree felonies; aggravated possession of drugs, a second degree felony; conspiracy to trafficking in dangerous drugs, a fourth degree felony; deception to obtain dangerous drugs, a second degree felony; theft of drugs, a fourth degree felony; and receiving stolen property, a fourth degree felony – DISMISSED.

June 1, 2010: Juvenile facing a probation violation with incarceration resulted in probation being continued and incarceration being avoided.

May 26, 2010:  Man charged with felony theft resolved through diversion.

May 18, 2010:  Man charged with domestic violence – DISMISSED. 

May 17, 2010:  Man charged with possession of drugs reduced to disorderly conduct avoiding any license suspension.

May 7, 2010: Woman charged with trafficking in heroin, possession of hearing and complicity to trafficiking in heroin.  The matter was resolved by imposition of community control.

May 4, 2010:  Man charged with drug paraphernalia and drug possession – DISMISSED.

April 6, 2010:  Man charged with OVI – DISMISSED.

March 31, 2010: Man charged with OVI and having a CDL.  The charge was amended through plea negotiations to preserve his CDL.

March 24, 2010:  Man charged with OVI and 0.209 alcohol concentration urine test.  The matter was reduced to a physical control (non moving violation) resulting in no OVI conviction and no points being assessed on his license.

March 23, 2010:  Man charged with OVI and having a CDL.  The matter was reduced to physical control and the Administrative License Suspension terminated resulting in no points assessed on his license and preserving his CDL.

March 10, 2010:  Man charged with domestic violence – DISMISSED.

March 9, 2010:   Man charged with OVI.  The matter was reduced to physical control.

March 9, 2010:  Woman charged with domestic violence -  Reduced to disorderly conduct.

February 9, 2010:  Man charged with OVI in Logan County.  The matter was reduced to criminal trespass resultin in no OVI conviction, no license suspension and no points being assessed against his license.

January 26, 2010:  Woman charged with felony deception to obtain drugs.  The  matter was reduced to a misdemeanor and she was placed in the diversion program in Franklin County.

December 21, 2009: Man charged with felony theft for passing bad checks. The matter was reduced to misdemeanor and placed on probation.

December 21, 2009: Man charged with grand theft, a felony of the fifth degree; and tampering with records, a felony of the third degree.  The matter was resolved by imposition of probation.

November 25, 2009:  Man charged with OVI – DISMISSED.

November 23, 2009:  Man charged with obstruction of official business - DISMISSED.

October 30, 2009:  Woman charged with identity fraud in Logan County.  The matter was resolved through the diversion program.

October 8, 2009:  Man charged with OVI.  The charge was reduced to physical control (non-moving violation).

October 6, 2009:  Juvenile charged with OVI.  The matter was reduced to a physical control (non-moving violation).

September 23, 2009: Man charged with fifth degree felony theft and third degree felony tampering with records.  The matter was resolved by imposition of probation.

September 21, 2009:  Man charged with domestic violence in Madison County – DISMISSED.

September 9, 2009:  Man charged with OVI and having a blood alcohol concentration of being more than .170 – DISMISSED.

August 22, 2009: Man charged with OVI and failure to control.  The OVI was dismissed.

August 20, 2009: Man charged with domestic violence. The matter was reduced to disorderly conduct.

July 28, 2009:  Man charged with OVI.  The matter was reduced to physical control (non moving violation).

July 28, 2009: Woman charged with passing bad checks.  The matter was resolved by imposition of probation.

July 14, 2009:  Man charged with domestic violence.  The matter was reduced to disorderly conduct.

July 7, 2009:  Man charged with OVI.  The matter was reduced to physical control (non-moving violation).

June 30, 2009:  Man charged with OVI.  The matter was reduced to physical control (non-moving violation).

June 30, 2009:  Woman charged with felony forgery.  The matter was resolved by imposition of community control.

June 11, 2009:  Judicial release obtained for man in prison on a conviction of non-support of dependents.  Judicial release was obtained even though the State fiercely opposed the request for a judicial release due to the client’s prior record and previous violation of his community control.

June 1, 2009:  Woman charged with felony passing bad checks.  The matter was resolved with community control.

May 22, 2009: Woman charged with OVI and improper lane change.  The matter was reduced to an amended charge of reckless operation.

April 23, 2009: Woman charged with DUI/OVI and facing up to 180 days in jail, up to a $1,075.00 fine, up to a 3 year license suspension. The matter was reduced to a reckless operation due to plea negotiations.

April 22, 2009: Man facing his third DUI/OVI charge in 6 years. Dismissed.

April 21, 2009: Man charged with assault facing up to 180 days in jail and up to a $1,000.00 fine. Reduced to persistent disorderly conduct with no jail time imposed and received a $100.00 fine.

April 13, 2009: Man charged with failure to control, DUI/OVI and having a prohibited concentration of alcohol in his breath (0.101) facing up to 180 days in jail, up to a $1075.00 fine, up to a 3 year license suspension. The breath test was determined not to be admissible in trial due to pretrial motions and hearings. The case was dismissed one week prior to trial.

April 2, 2009: Foreign resident charged with misconduct at an emergency facing up to 180 days in jail and up to a $1,000.00 fine. Reduced to a minor misdemeanor disorderly conduct and sentenced to pay a $150.00 fine and court costs.

March 31, 2009: Woman charged with possession of drug paraphernalia facing up to 30 days in jail, a fine of up to $250.00 and an operator's license suspension from 6 months to 5 years. Case was dismissed after a motion hearing and prior to trial.

March 25, 2009: Woman charged with misuse of credit cards and facing up to 12 months in prison and up to a $2,500.00 fine. Received probation.

March 24, 2009: Underage adult man charged with under age possession of alcohol facing up to 180 days in jail and up to a $1,000.00 fine. Also charged with falsification and facing up to 180 days in jail and up to a $1,000.00 fine. Dismissed.

March 24, 2009: Underage adult man charged with under age possession of alcohol facing up to 180 days in jail and up to a $1,000.00 fine. Also charged with obstruction of official business and facing up to 180 days in jail and up to a $1,000.00 fine. Dismissed.

March 19, 2009: Man charged with assault facing up to 180 days in jail and up to a $1,000.00 fine. Reduced to a minor misdemeanor disorderly conduct and sentenced to pay a $150.00 and court costs.

March 19, 2009: Underage adult female charged with under age possession of alcohol, facing up to 180 days in jail and up to a $1,000.00 fine. Also charged with possession of drug paraphernalia facing up to 30 days in jail, a fine of up to $250.00 and an operator's license suspension from 6 months to 5 years. Also charged with possession of illegal drugs and facing up to a $150.00 fine and a 6 month operator's license suspension. Dismissed at a pretrial motion hearing.

March 16, 2009: Man charged with domestic violence facing up to 180 days in jail and up to a $1,000.00 fine. A domestic violence conviction also has firearms ownership ramifications. Dismissed.

March 16, 2009: Woman charged with domestic violence facing up to 180 days in jail and up to a $1,000.00 fine. A domestic violence conviction also has firearms ownership ramifications. . Dismissed.

March 11, 2009: Man charged with possession of marijuana requiring a mandatory license suspension - dismissed.

March 9, 2009: Man charged with third DU/OVI within 6 years with a 0.202 breath test and facing a mandatory minimum 60 days in jail, a mandatory minimum $850.00 fine, and a mandatory forfeiture of the vehicle. Client received 6 days in jail, a $375.00 fine, a one year license suspension with privileges and got to keep his car.

March 4, 2009: Man charged with DUI/OVI facing up to 180 days in jail, up to a $1075.00 fine, up to a 3 year license suspension. Reduced to a minor misdemeanor reckless operation and received a $150.00 fine, no license suspension, no jail time, alcohol education class avoided, fine reduced

March 3, 2009: Woman charged with prostitution facing up to 90 days in jail, up to a $500.00 fine. Case amended to solicitation and received a $250.00 fine and no jail time.

February 26, 2009: Juvenile charged with shoplifting and assault. Juvenile accepted into diversion program requiring community service and apology letter.

February 25, 2009: Man charged with a second DUI/OVI with a 0.20 breath test. He was facing up to 180 days in jail, up to a $1075.00 fine, up to a 3 year license suspension. Received 3 days in a weekend alcohol education program, a $375.00, and a six month suspension of license with privileges.

February 25, 2009: Man charged with second DUI/OVI in 6 years with a 0.142 breath test and faced up to 180 days in jail, up to a $1,625.00 fine, an operator's license suspension for up to 5 years with no limited driving privileges for 45 days, a 90 day immobilization of vehicle; yellow plates; ignition interlock. Reduced to reckless operation, avoiding mandatory 10 day jail sentence, avoiding mandatory license suspension of one (1) year, administrative license suspension vacated with no reinstatement fee to the BMV required.

February 25, 2009: Man charged with first offense DUI/OVI facing up to 180 days in jail; up to a $1,075.00 fine; an operator's license suspension for up to 3 years with limited driving privileges. Reduced to reckless operation.

February 20, 2009: Man with CDL charged with DUI/OVI and prohibited concentration of 0.171 in breath test. ALS terminated. Reduced to minor misdemeanor reckless operation and no license suspension.

February 12, 2009: Man charged with domestic violence facing up to 180 days in jail and up to a $1,000.00 fine. A domestic violence conviction also has firearms ownership ramifications. Reduced to persistent disorderly conduct and avoids firearm restrictions and jail.

February 11, 2009: Man charged with second offense DUI/OVI with a 0.168 breath test facing up to 180 days in jail, up to a $1,625.00 fine, an operator's license suspension for up to 5 years with no limited driving privileges for 45 days, a 90 day immobilization of vehicle; yellow plates; ignition interlock. Reduced to reckless operation with the administrative license suspension terminated avoiding any reinstatement fee to the BMV.

February 10, 2009: Man charged with DUI/OVI with 0.116 breath test facing up to 180 days in jail, up to a $1,000.00 fine, an operator's license suspension for up to 3 years with no limited driving privileges for 30 days. Reduced to reckless operation. Court finds that the police department breath machine did not comply with the Ohio Administrative Code after suppression hearing. This results that all breath tests at that department being invalid between October 27, 2008 through February 10, 2009.

February 10, 2009: Father and son charged with theft from baseball association and each facing up to 18 months in prison and up to a $5,000.00 fine. Each avoids incarceration for embezzlement charges and receives probation.

January 26, 2009: After lengthy investigation, State decides not to pursue felony charges against man who allegedly improperly touched his daughter.

January 15, 2009: Man charged with fifth lifetime DUI/OVI and received only 20 day jail sentence and a one year license suspension.

January 14, 2009: Man charged with vehicular manslaughter facing up to 90 days in jail and up to a $750.00 fine. Receives 10 days in jail with work release.

January 14, 2009: Woman charged with domestic violence facing up to 180 days in jail and up to a $1,000.00 fine. A domestic violence conviction also has firearms ownership ramifications. Dismissed.

January 5, 2009: Man charged with domestic violence facing up to 180 days in jail and up to a $1,000.00 fine. A domestic violence conviction also has firearms ownership ramifications. Dismissed on condition of counseling.

December 19, 2008: Man who received a lifetime suspension for DUI/OVI was assisted in obtaining privilege of having drivers license rights restored.

December 11, 2008: Man charged with DUI/OVI and improperly backing into a police car facing up to 180 days in jail, up to a $1,000.00 fine, an operator's license suspension for up to 3 years with no limited driving privileges for 30 days. Reduced to physical control and sentenced to pay $250.00 fine plus court costs, complete an alcohol education program and 20 hours of community service.

December 9, 2008: Man charged with illegal manufacturing of drugs, a 1st degree felony, illegal assembly of chemicals for manufacturing of drugs a 2nd degree felony, tampering with evidence, a 3rd degree felony, possession of cocaine, a 2nd degree felony, trafficking in cocaine, a 1st degree felony, engaging in a pattern of corrupt activity, 1st degree felony for a total possible sentence of up to 51 years in prison, up to $100,000.00 in fines and a drivers license suspension. Enters a negotiated plea to tampering with evidence, trafficking in cocaine and receives an 8 year prison sentence, for which he can apply for early release, and a $10,000.00.

November 21, 2008: Woman charged with 16 counts of deception to obtain dangerous drugs facing a combined total of up to 16 years in prison and up to a combined maximum fine of $40,000.00. Woman had multiple prior felony convictions. Woman received community control after plea negotiations.

November 12, 2008: Woman charged with possession drug paraphernalia facing up to 30 days in jail, a fine of up to $250.00 and an operator's license suspension from 6 months to 5 years. She was also charged with possession of illegal drugs and facing up to a $150.00 fine and a 6 month operator's license suspension. Dismissed.

November 6, 2008: Man charged with assault facing up to 180 days in jail, and up to a $1,000.00 fine. Reduced to persistent disorderly conduct and no jail.

November 3, 2008: Man's vehicle was confiscated by the State for forfeiture was returned to him after Civil Suit filed against the State of Ohio.

October 28, 2008: Man charged with domestic violence facing up to 180 days in jail and up to a $1,000.00 fine. A domestic violence conviction also has firearms ownership ramifications. Reduced to a minor misdemeanor disorderly conduct on the day of trial and received a $150.00 fine.

October 24, 2008: Man charged with second DUI/OVI within six (6) years facing up to 180 days in jail, up to a $1,625.00 fine, an operator's license suspension for up to 5 years with no limited driving privileges for 45 days, a 90 day immobilization of vehicle; yellow plates; ignition interlock. Found not guilty after a jury trial.

October 23, 2008: Man charged with possession drug paraphernalia facing up to 30 days in jail, a fine of up to $250.00 and an operator's license suspension from 6 months to 5 years. He was also charged with possession of illegal drugs and facing up to a $150.00 fine and a 6 month operator's license suspension. Case was dismissed after a pretrial suppression hearing and the court found the officer illegally stopped the vehicle the man was driving.

October 22, 2008: Man charged with domestic violence facing up to 180 days in jail and up to a $1,000.00 fine. A domestic violence conviction also has firearms ownership ramifications. Reduced to persistent disorderly conduct and avoids jail sentence.

October 21, 2008: Man charged with domestic violence facing up to 180 days in jail and up to a $1,000.00 fine. A domestic violence conviction also has firearms ownership ramifications. Reduced to disorderly conduct.

October 21, 2008: Man charged with DUI/OVI facing up to 180 days in jail, up to a $1,000.00 fine, an operator's license suspension for up to 3 years with no limited driving privileges for 30 days. Reduced to physical control.

October 15, 2008: Man charged with 2 counts of complicity as it relates to deception to obtain dangerous drugs. Both 5th degree felonies and faced up to 12 months in prison on each charge and a fine of up to a $2,500.00 on each charge. Also charged with one count of complicity as it relates to possession of drugs a 4th degree felony facing up to 18 months in prison and a fine of up to $5,000.00. Case dismissed.

September 30, 2008: Woman charged with domestic violence facing up to 180 days in jail and up to a $1,000.00 fine. A domestic violence conviction also has firearms ownership ramifications. Reduced to disorderly conduct and receives $150.00 fine plus court costs and three years probation.

August 29, 2008: Woman charged with domestic violence facing up to 180 days in jail and up to a $1,000.00 fine. A domestic violence conviction also has firearms ownership ramifications. Dismissed.

May 27, 2008: Woman charged with a total of 57 counts including 1st, 3rd, 4th and 5th degree felonies (19 counts of possession of drugs as a fourth degree felony, 6 counts of possession of drugs as a 3rd degree felony, 10 counts of forgery all 5th degree felonies, 10 counts of illegal processing of a drug document all 5th degree felonies, 7 counts of deception to obtain a dangerous drug, all 5th degree felonies, 3 counts of possession of criminal tools all 5th degree felonies, 1 count of money laundering - a 3rd degree felony and 1 count of engaging in a pattern of corrupt activity - a 1st degree felony). Woman entered a negotiated plea to 18 counts of possession of drugs all 4th degree felonies and 5 counts of possession of drugs all 3rd degree felonies and received 3 years of probation, 50 hours of community service, a $5,000 fine on each of the third degree felonies and a 3 year operator license suspension.

April 25, 2008: Man charged with felonious assault, a 2nd degree felony, facing up to 8 years in prison and up to a $7,500.00 fine. Man entered a negotiated plea to a reduced misdemeanor charge of assault and receives no jail time, a $300.00 fine, costs, $221.00 in restitution and 1 year probation.

April 7, 2008: Man charged with 16 counts of burglary, all 2nd degree felonies, facing up to 8 years in prison on each charge, fines up to $7,500.00 on each charge, all of which could be served consecutively for a combined total of up to 128 years in prison and possible combined maximum fine of $120,000.00. Man enters a negotiated plea of 4 years in prison and restitution of over $400.00 to his victims. 6 months later on December 3, 2008, man was released to West Central to complete drug and alcohol rehabilitation and placed on three years community control after a motion for a judicial release was filed.

January 8, 2008: Woman charged with obstructing official business, resisting arrest and disorderly conduct entered plea agreement avoiding jail time, $450.00 fine and 1 year probation.

August 24, 2007: Husband and wife both charged with possession and cultivation of marijuana, both 5th degree felonies facing up to 12 months in prison on each charge and a fine of up to $2,500.00 on each charge. After plea negotiations each received three years probation, six month operator license suspension, 300 hours of community service to be performed within 365 days and a fine of $2,000.00.

May 21, 2007: Man charged with 3 counts of burglary, all fourth degree felonies, and faces up to 18 months in prison and up to $5,000.00 fine on each count and receives 3 year prison term. August 15, 2007 the same man receives judicial release and is released to West Central CBCF for completion of program and was placed on 3 years probation.

October 16, 2007: US Postal worker indicted on two counts of theft, both fifth degree felonies and faced up to 12 months in prison and up to a $2,500.00 fine on each count. She received six months on each count to be served consecutively, a $2,000.00 fine and $130.00 restitution. December 13, 2007 the woman released from prison and placed on three years probation.

May 31, 2006: Man charged with assault and assault on a peace officer and faced up to 18 months in prison, up to a $5,000.00 fine, and over $19,000.00 in restitution. Man found not guilty after jury trial.

March 2, 2005: Man charged with theft of over $20,000, a felony of the fourth degree, receives 3 years of probation, community service, and a fine of $500.00.

June 21, 2004: Woman charged with involuntary manslaughter, a 1st degree felony, endangering children, a 3rd degree felony, reckless homicide, a 3rd degree felony and abuse of a corpse, a 5th degree felony - found not guilty of involuntary manslaughter, guilty to a reduced charge of endangering children, a 1st degree misdemeanor, guilty of reckless homicide and guilty to a reduced charge of gross abuse of a corpse, a 1st degree misdemeanor. Receives a 5 year prison term.

June 17, 2004: Man charged with theft, a 4th degree felony, for embezzling over $70,000 from his employer. He faced up to 18 months in prison and up to a $5,000.00 fine. Man received three years of community control.

May 21, 2004: Man charged with felonious assault, a first degree felony, and facing up to 10 years in prison and up to a $20,000.00 fine. Charge is reduced to aggravated assault, a third degree felony and received one year in prison, a $1,000.00 fine and restitution to the victim.

June 23, 2003: Man charged with domestic violence facing up to 180 days in jail and up to a $1,000.00 fine. A domestic violence conviction also has firearms ownership ramifications. Found not guilty after a trial to the court.

May 16, 2003: Man enters negotiated plea to vehicular assault and faces up to 5 years in prison and up to a $10,000.00 fine. Man receives 6 months in prison and a three year operator license suspension.

April 12, 2002: Man charged with felonious assault. Man found not guilty after a jury trial.

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Current News/Events Kimberly M

Attorney Kimberly M. Cutler has been certified by the Ohio State Bar Association as a specialist in Estate Planning, Trust and Probate Law. This certification makes Kim one of a small group of attorneys in Ohio to have earned this distinction.

"I am pleased to offer my clients this added expertise," said Kim. "I would be happy to answer questions about Estate Planning, Trust and Probate law or about other areas of law that I practice, including business and real estate transactions.

CBJS partner Mike Streng noted that there are many requirements for an attorney to be certified by the Ohio State Bar Association as a specialist. The attorney must demonstrate substantial and continuing involvement and pass an intensive examination in the certification area of law. Mike emphasized that the attorney must continue to attend intermediate or advanced annual legal education courses after being certified. "Kim has met all of these standards and we could not be more proud of her and excited that she has attained this level of expertise. The citizens of Union County and those who live in surrounding counties are very lucky to have someone of Kim's caliber to call on when they need the type of services that Kim provides", remarked Streng.

Before earning her Master of Laws in Business and Taxation in 2003, Kim graduated cum laude from Capital University Law School in 2002. In addition to her Juris Doctorate, Kim received her Bachelor of Business Administration in Marketing and Business from Ohio University.

For several years Kim practiced law in Dublin, Ohio. Kim joined CBJS in August of 2008 where she continues to create volumes of simple and complex estate plans, administer hundreds of estates and trusts, and conduct countless real estate and business transactions. "Kim has been a tremendous asset to the firm" commented John Cannizzaro, the firm's founding partner.

Kim is currently accepting new clients.

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