10th OVI in 20 years

Represented a client who had a long battle with alcoholism and was charged with his tenth OVI in 20 years . The client was charged with a felony which if convicted would have had dire consequences for his employment situation. Mr. DiCaudo agreed to take the case and immediately began investigating whether the officers had strictly adhered to the necessary protocol that the law requires. After a thorough investigation it was determined that the officers had done everything appropriately and the strategy for the case would be to attempt to convince the Judge that his client was able to be rehabilitated. Mr. DiCaudo requested that his client check himself in to a rehabilitation program and voluntary forfeit access to his vehicle. He also delayed any sentencing for 6 months to allow his client enough time to show the Court his rehabilitation. At sentencing the Judge agreed to allow the client to plead to misdemeanor and continue on with his treatment. This inevitably saved the client his job and kept him out of prison.

2nd DUI / OVI

Represented a client who was charged with his second DUI / OVI in 6 years. He was an electrical engineer and was concerned about losing his job. Unable to convince the prosecutor to dismiss the case or reduce the charges we were forced to go to trial. After a two day trial the jury returned a "not guilty" verdict . The jury believed that the state failed to prove that he was under the influence and did not like the heavy handed approach of the police officer.

Aggravated Arson

Represented a client who was charged with aggravated arson. It was alleged that an eyewitnesses saw him leaving a building moments before it was set on fire. The police argued the fire was started by lighting gasoline in the building. The case proceeded to trial where we successfully argued that the eyewitnesses were not able to correctly identify our client. We also argued that the government was not able to show motive of why the client would have done this. The jury deliberated for 45 minutes and found the client "not guilty".

Aggravated Burglary

The law firm of DiCaudo & Yoder LLC was requested to represent an individual who was charged with Aggravated Burglary in Ohio. Mr. DiCaudo spoke to the client at great length and became familiar with the facts of the case. At the preliminary hearing the Prosecutor's Office was willing to reduce the charges if the client were to plead guilty. After conferring with the client Mr. DiCaudo politely informed the Prosecutor that his client would not be pleading to any felony. They went forward with the preliminary hearing and after a short hearing the Judge ruled in favor of our client and dismissed the felony. The client was still charged with a misdemeanor assault which the Prosecutor requested that the client plead guilty to. Again, Mr. DiCaudo rejected that plea offer on behalf of his client and the case was scheduled for a pretrial a few weeks later. After conferring with the new Prosecutor and skillfully arguing his client's case the Prosecutor's Office offered a disorderly conduct, fourth degree misdemeanor.

The case originated with a charge carrying 11 years in prison and was resolved with a fine and court costs. Another excellent result for our client.

Aggravated Murder

Attorney Yoder was retained to represent an individual who was charged with Complicity to commit Aggravated Murder. The police alleged that Attorney Yoder's client had helped another person shoot, kill and rob a person on the street. Specifically, they alleged that Attorney Yoder's client was the getaway driver. Upon entering an appearance of record Attorney Yoder immediately requested the video camera footage from a gas station that was a block away from the shooting. He sent his private investigator to the store to obtain the footage. Although it took more than a month to receive the video footage it was discovered that Attorney Yoder's client was parked at the gas station when the shooting took place. It was also discovered that the individual the police alleged did the shooting had exited the vehicle at the gas station and started walking down the street. The police were not able to show that Attorney Yoder's client had helped or benefited from the robbery and the case was dismissed.

Aggravated Murder

Mr. Yoder and another local attorney represented an individual charged with Aggravated Murder, Murder and Weapons Under Disability in Summit County, Ohio. It was alleged that the client pulled out a firearm and fired one shot striking the individual in the back of the head and killing him. The Prosecution reported that there were three witnesses present who all stated that our client was the shooter. After a trial that lasted two weeks the jury returned a not guilty verdict on the aggravated murder and were undecided "hung" on the murder. The attorneys spoke to the Jury afterwards and they were extremely impressed with the defense attorneys and the arguments that were made.

Aggravated Murder / Murder

Mr. DiCaudo represented a young man charged with Aggravated Murder and Murder. The defense successfully argued at trial that the State could not show the aggravating circumstances of the murder and the jury returned a NOT GUILTY Verdict on Aggravated Murder. The Judge would not allow a lesser included offense of manslaughter which the defense objected to. The case is now being appealed as a result of that ruling.

Aggravated Robbery

Represented a man who was charged with Aggravated Robbery and gun specifications. The State alleged he had entered a convenience store and robbed the clerk at gun point. The State showed a video of the incident and the assailant in the video appeared to match the description of our client. After he robbed the clerk he ran out the store door. The Clerk followed him out the door and called the police. When the clerk testified at trial we asked him to watch the video recording. When he ran out the door we paused the video and marked on the screen where the top of his head was located at the door. We then rewound the video and taped where the assailants head was when he exited the door. The two men were the exact same height. Our client was three inches shorter than the clerk. Case dismissed.

Attempted Murder

Represented a man charged with attempted murder and domestic violence . After a three day trial we were successful showing the jury that the injuries the women had sustained were self-inflicted. She was upset that her husband had been having an affair and wanted to scare him. She picked up a knife and walked toward him. Instead of attacking her husband she began cutting at her arms. She called the police and told them that our client had attacked her and attempted to stab her.

Attempted Murder

Represented a man on a highly publicized case charged with Attempted Murder, felonious assault and numerous other less serious charges. The State alleged our client had taken a machete to a man's head and cut his ear off. It was a very gruesome case with graphic pictures. At trial we argued self defense. After a four day trial the Jury returned a not guilty verdict on the attempted murder. Our client viewed this as a huge victory.

Domestic Violence

Represented a client where, police where sent to the client's home in response to a call of domestic violence. Upon arrival, seeing injuries and blood at the scene, the police charged the client with domestic violence. At the pretrial we were able to show convincing evidence that our client was not residing with the alleged victim and therefore it should not be a domestic violence which made it a felony. The prosecutor amended the charge to misdemeanor assault and the client pled for fines and court costs.

Drug Charges

Our client was charged with distribution of marijuana in the Northern District of Ohio. Our client was charged in a conspiracy to distribute over 2000 kilograms of marijuana over a three year period of time. We argued to the Government that the only witness that they could potentially use against our client was a convicted felon and the Jury would question his credibility. After six months of negotiating the case the Government agreed to allow our client to plead guilty to distribution of 40 pounds of marijuana; with a sentence range between 24 to 30 months.

Drug Charges

Represented a client who was arrested after a month long investigation conducted by a joint task force of Federal and State law enforcement agents and charged with several counts of conspiracy to commit drug trafficking. There were a total of 18 defendants charged. The case proceeded to trial which lasted three weeks. At the end the jury returned a "not guilty" verdict for our client. The other 4 defendants that went to trial were all found guilty.

Drug Charges

A client presented to the firm of DiCaudo & Yoder LLC with a significant methamphetamine case. He was charged in 4 different cases spanning three jurisdictions. Multiple law enforcement officers wanted him to go to prison for the maximum period of time which would have been 44 years. Many times in these cases the government wants a client to cooperate and inform them where other methamphetamine users and cooks are located. In this case Reid Yoder made it clear that his client was not willing to cooperate and was willing to fight each and every case. Mr. Yoder filed a motion to suppress in three out of the four cases on numerous grounds. After going through two of the hearings and winning both the Prosecutor's Offices throughout the remaining two jurisdictions spoke and decided to offer a reduced sentence of one year in prison with a possibility of judicial release in 6 months.

Drug Charges

Represented a client charged with manufacturing of meth and illegal assembly. The officers who had charged the client stated that they had consent to enter into the home by the homeowner. During the suppression hearing we brought up the issue that the person giving consent did not have the authority to do so and the officer was aware of that fact. The judge ruled in the clients favor and suppressed the evidence. The prosecutor immediately moved to dismiss the case.

Drug Charges

Represented a client charged with trafficking in marijuana. Client was an Army Ranger and if convicted would have been discharged from the military. After obtaining the evidence from the Prosecutor we conducted our own independent investigation and found a witness who was willing to testify that our client was not selling but was using the marijuana for his personal use. We brought the witness forward and the Prosecutor's Office amended the complaint and charged him with a non-criminal offense.

Drug Charges

Represented a man that the police believed to be a very large trafficker of cocaine in the northeast Ohio area. The man was charged with possession of cocaine and trafficking cocaine. The Prosecutor's Office made an initial offer of 15 years. Our client rejected that offer and we filed a motion to suppress the illegal search of his home. After a two day suppression hearing the Court took the matter under advisement. Three weeks later the Court issued their Order finding the police had in fact violated our clients constitutional rights and dismissed the case.

Drug Charges

We represented a client who was stopped for a fictitious registration sticker on his vehicle. Once stopped, they found a gun and cocaine in his car. Our client was an attorney and he would have lost his ability to practice law with these charges. We successfully argued to the Prosecutor's Office that it was his wife's car and he was not aware that those items were left in her car. The Prosecutor's Office dismissed the charges against him and charged her. We immediately were retained on her case. After a two day jury trial the jury returned a not guilty verdict because the state could not show that the wife had possessed those items.

Drug Possession

We represented a client who was a passenger in a vehicle stopped by police for a traffic violation. While in the process of writing a traffic citation, the officers obtained consent to search the vehicle, during which drugs were discovered. Based upon our motion to suppress, the trial court excluded the drug evidence, determining that the officers had "no objective basis to believe that the driver had committed or was about to commit a criminal offense," and therefore should have issued a traffic citation for failure or told the driver and passengers that they were free to leave. The State of Ohio appealed the decision and the 9 ^th District Court of Appeals held that "In the absence of credible evidence establishing that the driver gave permission to search his car while the officers were investigating the traffic offense, the court correctly granted***[the] motion to suppress." The State was forced to dismiss the charges against our client for lack of evidence.

Expungement

Our client sought to have a 2005 felony conviction for improper handling of a firearm in a motor vehicle expunged pursuant to a new legislative provision decriminalizing the offense. The trial court denied the expungement based upon an incorrect interpretation of the law. On appeal, the Ninth District Court of Appeals reversed the trial court decision denying the motion to expunge. In determining that the denial of the motion for expungement was erroneous, the Appeals Court opined that the trial court had improperly considered circumstances outside the record and relied on facts not in evidence. The Appeals Court remanded the matter for further proceedings in the trial court.

Expungements

Attorney Horrigan has focused a large part of his practice on expungement law. Over the past year because of the new expungement statute he has had great success getting case expunged that have not been previously able to. In October 2012 a client who was turned down for a job because of his criminal record called Attorney Horrigan and asked whether his previously record could get expunged. Attorney Horrigan reviewed the new law and advised the client that he was eligible for an expungement. They filed the necessary paperwork and unfortunately the Judge relying on the Prosecutor's Office objections overruled the expungement motion. Attorney Horrigan being undeterred filed an appeal in the 9 ^th District and received a unanimous decision overruling the lower court's denial. The case was remanded and the expungement was granted with the record being sealed.

Since that day Attorney Horrigan has been successful in sealing every case that he has filed on. He has filed expungement and sealment motions in municipal courts, common pleas courts and juvenile courts.

Failure to Appear

Mr. Yoder represented a young women who had multiple warrants out for her arrest in three different jurisdictions; Summit County, Ravenna, and Mahoning County. All for failure to appear for a variety of different cases. After 6 months of representation Mr. Yoder was able to get all cases resolved for concurrent probation in Mahoning County where the client resides. These warrants had been active for over three years and the pending charges could have carried a 13 year prison sentence. While this case was not necessarily a high profile case, it was one that Mr. Yoder took great satisfaction in resolving.

Federal Offense

Mr. Yoder is the partner in the Firm that specializes in Federal Offenses. He has a very successful practice defending those individuals who have been charged in the federal system. Recently he resolved a case in the Northern District of Ohio where his client was caught using access devices to collect the PIN numbers on ATM machines and also the individual user's passwords. It was alleged that the individuals involved in the conspiracy attempted to withdraw over $1.2 million dollars.

Over an 11 month period of time Mr. Yoder argued not that his client did not help in facilitating the crime, which the client had already admitted to, but he argued that the actual loss was far less than $1.2 million. This was an important factor, because based on the United States Sentencing Guidelines Mr. Yoder's client was facing an increase of 6 points for sentencing. The United States Attorney's Office was not willing to concede this point so the issue was briefed and argued to the Court. After thoroughly researching the issue Mr. Yoder was able to find case law out of the Sixth Circuit Court of Appeals which allowed the Judge to make a determination that the actual loss was much less and sentence accordingly. At sentencing the Judge found that the actual loss was less than $29,000 and as a result he exercised his discretion and sentenced the client to the lowest possible outcome. A great result for a young client who made a horrible mistake.

Federal Weapon & Narcotics Offense

In the beginning of 2013, Mr. Yoder resolved a federal gun offense and a distribution in narcotics case in which the Government alleged that Mr. Yoder's client was illegally distributing kilo quantities of Cocaine and in the process was in the illegal possession of a firearm. This was a multi-defendant case and it was known from the beginning that not one of the defendant's was going to cooperate with the Government. Furthermore the Government believed that these individuals were members of a large organized street gang that were responsible for the deaths of numerous people. The Government executed simultaneous search warrants on different locations. However, when they arrested Mr. Yoder's client he did not possess any drugs and they found a pistol in the upstairs closet of his girlfriend's home. Mr. Yoder argued that the information that was contained in the affidavit for the search warrant was false and misleading and lacked any credibility of the affiant. Without filing the motion after six months in which the Government offered a plea agreement of 23 months. Mr. Yoder's client was a career offender and was looking at a possibility of over 200 months.

Felonious Assault

Our client was charged with Felonious Assault for assaulting another man at a volleyball tournament. Our client pushed the other man and he fell off the bleachers breaking his leg in two places. The Prosecutor's Office was upset with our client for the way he handled the situation and the fact that he resorted to violence at a children's volleyball game. During the course of our investigation we discovered that another spectator had been operating a camera. Although there was not any video footage of the assault we were able to provide to the Prosecutor an audio recording which clearly showed the other man being the aggressor. With that information the Prosecutor's Office offered a misdemeanor assault. Our client rejected that offer and we went to trial. After three days of trial the Jury returned a not guilty verdict.

Felonious Assault and Tampering with Evidence

Mr. Yoder represented a bank executive that was charged with felonious assault and tampering with evidence. After more than a year battling the Summit County prosecutors office the case proceeded to trial. The state of Ohio alleged that the defendant stabbed the victim eight times with a knife. After four days of trial the defense successfully argued self-defense and the jury returned an acquittal on all counts. This was a significant win for our client.

Fraud

We represented a client charged federally with conspiring to defraud a bank out of 1 million dollars. We were the second Firm to handle the case and knew that the prior law firm had not done some things that they were supposed to do. After only one month on the case we went to trial. Half way through the trial the U.S. Attorney offered a reduced plea for no prison time. Our client graciously accepted the offer.

Fraud

Represented a family charged with mortgage fraud. The husband, wife and mom were all charged with different aspects of the fraud. The Attorney General's Office was responsible for the investigation. There were over five thousand documents that were relevant to the case. After a year of pretrial motions and litigation the state dismissed the case against the wife and mom and reduced charges against the husband. Allegedly the amount of the fraud was 2 million dollars.

Grand Theft

Represented a client who was charged with grand theft and accused of stealing over 500 cars. He was under investigation by the FBI and the Franklin County task force for over a year. After he was arrested we were able to address bond with the court and argue that he was not a flight risk. He was released on a small bond and we were able to start fighting the case with him on the outside. He provided a great deal of information to us and we went through dozens of boxes of discovery. We found that the vehicles they were accusing him of stealing were, in fact, never reported stolen and they no longer had the cars in their possession. We filed a motion to dismiss for lack of evidence and the court denied our motion. We requested permission to file an appeal on that issue. After 10 months of fighting the case the Court of Appeals agreed with our argument and the case was dismissed.

Grand Theft

Represented a man who the FBI believed to be one of the foremost wanted car thieves in the country. It was alleged that he had stolen hundreds of corvettes. After intense pretrial negotiations and a proffer we resolved the case for probation. It was estimated that he had stolen over 2 million dollars' worth of cars.

Marijuana DUI

Thomas DiCaudo represented a young man charged with DUI and a high tier level of marijuana in his system. After a massive battle with the prosecutor, he was able to get the case reduced to a reckless operation with no jail and no new suspension.

Medicaid Fraud

Firm represented a client charged with Medicaid fraud. The client had reported reduced income statements from his employer in order to be eligible for Medicaid. The Ohio Department of Job and Family Services conducted the investigation. It was reported the client benefits amount to $87,000 over five years. The Firm successfully argued that the number was inflated and the employer was responsible for the erroneous statements not the employee. The case was resolved for a misdemeanor offense and restitution of $13,000.

Case Number: 999

Murder

We had a client who was twice convicted of felony offenses before being charged with murder. He was looking at life in prison without the possibility of parole. Case was set for a suppression hearing. Before going forward with the hearing the Prosecutor's realized they had some issues with their case. They offered a reduced plea to manslaughter for 10 years which our client accepted.

Murder

Represented a client charged with murder. It was alleged that he shot and killed someone while walking down the street. We hired a private investigator who was able to find bullet holes near where the client was standing. We successfully argued that the client was also being shot at and the case should be reduced to manslaughter. The prosecutor's office reluctantly agreed and reduced the charges.

Over Prescribing Prescription Medication

Mr. Yoder was hired to represent a young medical doctor charged with over prescribing prescription medication. The case lasted for over a year and resulted in a NOT GUILTY Verdict at trial. The defense successfully argued that the prescription the doctor was administering were reasonable and necessary for the treatment of his pain clinic patients. This was one of the few not guilty verdicts in the State since the inception of this law.

OVI

Represented a student studying medicine who was charged with an OVI in Summit County. He submitted to the breathalyzer and the test results were .212 BAC . This is considered a high blow under Ohio law which carries with it enhanced penalties. Mr. DiCaudo successfully argued that his client was in jeopardy of losing his scholarship and chances of becoming a medical doctor. The State agreed that if the client attended one AA class a week for 6 months they would dismiss the prohibited breath content and dismiss the OVI. The client eventually pled no contest to a physical control with no additional penalties.

OVI

Represented a client charged with an OVI in Summit County. The client refused to submit to a breathalyzer test . Mr. DiCaudo filed a motion to suppress arguing that the police did not have probable cause to arrest his client because he substantially performed the field sobriety tests. Prior to conducting the full hearing the State offered his client a reckless operation with any OVI penalties. The outcome saved Mr. DiCaudo's client his job.

OVI / DUI

Represented a client who blew a .240% BAC . It was a very high blow. We were aware that the police officer was retiring and moving to Florida in a few months. He continued the matter for as long as he could and filed a motion to suppress to slow things down. Knowing the date the police officer was moving to Florida we scheduled it for a jury trial. The day before the trial the prosecutor learned that the police officer had moved and dismissed the case.

OVI / DUI

Represented a young man who was charged with an OVI/DUI in Ohio . He was being represented by a local attorney who he did not feel was doing his job well. Upon taking over the case we learned that the old attorney had not reviewed the video recording or attempted to negotiate a reduced plea with the prosecutor. After watching the video and seeing how well the client performed we scheduled the case for trial. A week before trial the prosecutor called and offered a reckless operation to resolve the case. The client rejected the offer and the day of trial the prosecutor moved for the case to be dismissed . The former attorney had told the client to plead to the OVI/DUI.

OVI / DUI

Represented a student who was studying to be a teacher was stopped and charged with an Ohio OVI/Ohio DUI . We filed a motion to suppress, arguing that the state trooper did not have reasonable suspicion to stop the vehicle. The matter was set for a suppression hearing and the officer did not appear. The prosecutor’s Office offered a reckless operation. After a brief consultation the client chose to reject the reduction and set the matter over for a second suppression hearing. At the second hearing the j udge dismissed the case . The client could not have been happier.

OVI / DUI

Represented a teacher charged with Ohio OVI/Ohio DUI and submitted to a breath test with results of .234%. After filing a motion to suppress the Court denied the motion. The Firm appealed the case to the 9 ^th District Court of Appeals and they ruled in our favor, reversing the lower court. Our clients OHIO OVI/OHIO DUI was dismissed and his license was reinstated.

OVI / DUI

Represented a CPA, charged with Ohio OVI/Ohio DUI after being stopped for swerving outside his lane. He submitted to a breath test and blew at .178. After 6 months of representation, he entered a guilty plea to reckless operation and was fined $250 and court costs. No license suspension or jail time.

OVI / DUI

Represented a cardiologist who was charged with Ohio OVI/Ohio DUI after getting into a traffic accident. He refused to submit to a breath test. After a 2 day jury trial the jury found him not guilty .

OVI / DUI

Represented a 25 year old new lawyer , who was charged with Ohio OVI/Ohio DUI after being stopped for speeding. He submitted to a breath test. At his second appearance he pled guilty to physical control and paid court costs.

OVI / DUI

Represented a nurse charged with Ohio OVI/Ohio DUI after being stopped for driving left of center. This was her first Ohio OVI/Ohio DUI charge. She refused to submit to a breath test. After 2 months of representation, we convinced the Prosecutor's Office to reduce the charges and plead her to reckless operation for fines and costs.

OVI / DUI

Represented a 36 year old pharmaceutical representative, who was charged with Ohio OVI/Ohio DUI after being stopped for a marked lanes violation. This was her second Ohio OVI/Ohio DUI charge. She submitted to a breath test and blew a .170%- a high tiered test that carries a mandatory minimum 6 days jail and restricted yellow plates. We attacked the reasonable suspicion for the stop and the Judge found in our favor. Her 2 ^nd Ohio OVI/Ohio DUI was dismissed . No penalty imposed.

OVI / DUI

Represented a 83 year old family business owner charged with Ohio OVI/Ohio DUI after being in a one car injury accident. This was his 9 ^th Ohio OVI/Ohio DUI charge for our client. He refused the breath test and the State forced him to submit to a blood test. We attacked the blood draw based on evidence that we found the nurse had used ethanol alcohol to clean his skin before inserting the needle. The blood draw was thrown out and our client pled to a misdemeanor Ohio OVI/Ohio DUI. He was sentenced to 60 days in jail. He was potentially facing five years in prison.

OVI / DUI

Represented a truck driver charged with Ohio OVI/Ohio DUI after being stopped for a tail light violation. Our client submitted to a breath test and blew a .087%. If found guilty he would have lost his job. After a 6 hour suppression hearing in which we presented expert testimony on the operability of his tail light the Court ruled that the police did not have reasonable grounds to stop his car and dismissed the case.

OVI / DUI

Represented a 52 year old IBM employee charged with Ohio OVI/Ohio DUI after being stopped for a motor vehicle accident. He fled the scene and the police tracked him to his home. This was our clients 5 ^th Ohio OVI/Ohio DUI charge in four years. He submitted to a breath test and blew a .200%. We filed a motion to suppress and argued that the police were not able to prove whether he had consumed alcohol at the time of the accident or when he had returned to his home after the accident. The Court found our argument well taken and found the police did not have enough evidence to go forward on the case. With the help of the Judge the Prosecutor's Office dismissed the Ohio OVI/Ohio DUI and our client pled to leaving the scene of an accident and was fined $500.

OVI / DUI

Represented a 43 year old college professor who was charged with Ohio OVI/Ohio DUI after being stopped for driving left of center. This was the 2nd Ohio OVI/Ohio DUI charge for our client. His breath test was .200%. After entering into plea negotiations with the Prosecutor's the case was resolved with a plea to a reduced charge of reckless operation . Client paid a fine and served no jail time.

OVI / DUI

Represented a mechanical engineer college student who was charged with Ohio OVI/Ohio DUI after being stopped for speeding. This was our clients 3 ^rd OHIO OVI/OHIO DUI. After entering into plea negotiations with the Prosecutor and convincing them that our client was taking the necessary steps to seek help for himself the case was resolved for a reduced plea of physical control and a weekend in a treatment program.

OVI / DUI

Represented a First Energy executive who was charged with Ohio OVI/Ohio DUI after being stopped for speeding. This was the 3 ^rd Ohio OVI/Ohio DUI charge for our client. His breath test was .193%, a high tiered test which carries a mandatory minimum 6 days jail and yellow plates. We filed a motion to suppress and subpoenaed the police officers radio transmission. We learned that the officer had run our clients plates and saw that he had previously been convicted of two Ohio OVI/Ohio DUI charges. Once he learned that information he followed him for 12 minutes before he stopped him for speeding. The Judge did not find this reasonable and dismissed the case in his favor.

OVI / DUI

Represented an independent contractor to the federal nuclear power plant administration. He was visiting on vacation from Chicago and was spending the night in a hotel. After coming back from dinner with his girlfriend he was involved in an altercation with a man working behind the reception area. The police were called and instructed him to leave the hotel immediately. We argued that our client was a victim of entrapment at a suppression hearing and the court granted our motion dismissing the case.

OVI / DUI

Represented a basketball star who was traveling in excess of 100 mph at 4:00 am and charged with an Ohio OVI/Ohio DUI. The Trooper testified at the Suppression Hearing that he paced the vehicle at 110 mph. After a thorough cross examination of the Trooper is was discovered that he did not have the necessary line of sight to pace the vehicle. Therefore, he was not able to tell the Court exactly how fast the vehicle was traveling. He also testified that he did not witness any other traffic infractions. The Judge after four months of researching case law found in our favor and the Prosecutor's Office dismissed the case.

OVI / DUI

Represented a R eal Estate Agent who was charged with Ohio OVI/Ohio DUI after being stopped for driving through a red light. She submitted to field sobriety tests and a breath test. Her breath test was a .100%. During the Suppression Hearing it was determined that the Officer did not use the standardized field sobriety tests and instead had her say the alphabet and count numbers. We successfully argued that this was not in substantial compliance with what the law requires and was able to get the field sobriety test results thrown out. The State chose to go forward with a trial and after a day and half the Jury returned a Not Guilty verdict.

OVI / DUI

Represented an elected official charged with an Ohio OVI/Ohio DUI after getting into an argument with a valet. This was the 1st Ohio OVI/Ohio DUI charge for our client. He did not submit to any field sobriety tests or breath tests. The Prosecutor's Office brought in outside counsel to handle the case and after vigorous plea negotiations the Prosecutor's Office reduced the charge and our client pled to physical control.

OVI / DUI

Represented a man who had been out with his friend drinking. Our client's friend was too intoxicated to drive so he asked our client to drive. Unfortunately, our client had also consumed too much alcohol and lost control of the car. He struck a telephone pole and killed his friend. After four months of working the case we were able to show that our client's blood draw had not been taken correctly. He was facing up to 13 years in prison. He ended up pleading guilty to a misdemeanor and serving six months in the county jail.

OVI / DUI

Represented an owner of numerous local restaurants was leaving one of his establishments and was pulled over for speeding. He was subsequently charged with an OVI/DUI in Ohio . We argued that the officer did not have a clear line of sight to charge him with speeding. There were numerous obstructions that would have been in front of the police officers car when he testified he was pointing his radar gun at the vehicle. The court dismissed the speed and OVI/DUI.

OVI / DUI

Represented a client in Stow Municipal Court who was charged with OVI/DUI in Ohio. The state argued that he was under the influence of K2 . He was also found in possession of K2. The client contacted the office immediately upon being arrested and was advised by our office to blow if he had not been drinking. He blew at .02% BAC. We made a compelling argument to the court that the K2 found in his possession is not illegal under the current laws and therefore the case should be dismissed. The judge and prosecutor agreed and dismissed the case.

OVI / DUI

Represented a 38 year old federal employee who had top secret clearance. He was charged with an Ohio OVI/Ohio DUI. Any conviction would have cost him his job. We successfully argued racial profiling and convinced the Prosecutor's Office to dismiss the charges a day before trial. We actively worked this case for 10 months.

Case Number: 999

OVI / DUI

Represented an entrepreneur who was traveling in Ohio on business was pulled over and stopped for an Ohio OVI/DUI charge. He submitted to the test and blew .170%. The case went in front of the court for a suppression issue, pertaining to the stop and arrest of the client. The first suppression hearing the officer did not appear. We made a motion to dismiss the case because of the failure of the officer to show. The court denied the motion but informed the prosecutor to attempt to work the case out. The prosecutor offered the client a reduced charge of reckless operation for minimum penalties. The client was extremely relieved and accepted the offer.

OVI / DUI with a blood draw

A client was charged with an OVI/DUI with a blood draw. Unfortunately, there was an accident which involved a telephone pole. Mr. DiCaudo successfully argued at the suppression hearing that his client's statutory rights had been violated because they did not file the Ohio Administrative Code in substantial compliance. The blood draw was thrown out. The Prosecutor's Office was willing to reduce the charge to reckless operation and the client was requested to pay a fine and court costs. This would have been the clients 3 ^rd OVI/DUI in four years.

OVI, Hit Skip and Willful Flee

A man charged with OVI, Hit Skip and Willful Flee retained the services of Attorney Tom DiCaudo. He had learned of his exemplary representation from his best friend who used Tom in an OVI case. Mr. DiCaudo successfully argued to the Judge that his client was not the driver of the vehicle and there was no proof that the Officers could produce. The Officer's testified that they saw the vehicle driving and chased it for over 20 minutes until they lost it. A short time after that they located the vehicle at Mr. DiCaudo's clients' girlfriends' home. The entered the home and found the client sitting at the kitchen table drinking a beer. They took him into custody and had him perform field sobriety tests which he failed. Mr. DiCaudo argued to the Judge that no officer could reasonably identify his client has the driver and that sitting in your girlfriends kitchen drinking a beer is not illegal. The Judge dismissed all charges.

Physical Control

Represented a local well known farmer was charged with a physical control for being intoxicated while sitting in his truck on his own property. Tom DiCaudo successfully argued to the State that the police officers did not have a search warrant to enter the property and arrest his client and therefore the case should be dismissed. The State after much protestation agreed and dismissed it on the eve of trial .

Rape

Our client was charged with Rape of a woman. The women had stated to the police that she did not know our client and had never seen him before. The case proceeded to trial and during the course of the trial we successfully presented evidence that our client and this woman had in fact been dating for a short period of time and had known one another for years. The Jury found the woman's credibility lacking and found our client not guilty.

Receipt of Stolen Property

Represented a client in Muskingham County in which he was charged with receiving stolen property. It was alleged the client had received over $50,000 worth of checks and that he cashed them illegally. The client had been interviewed by detectives prior to retaining counsel. We were able to convince the prosecutor to allow the client to enter into the diversion program and pay the money back. After 6 months of attending a class a month the case was dismissed. The client has no criminal record and is currently studying to be a lawyer.

Resisting Arrest

Represented a client who was a patron at a local grocery store. He was asked to leave when he tried to pay for his purchases with his wife's credit card that was not in his name. He demanded to speak to a supervisor. The local law enforcement agency responded at the request of the store and he was asked to leave. While he was leaving he made a derogatory statement to the police officer and was immediately grabbed and thrown down. The police charged him with resisting arrest. Our client's wife had contacted us while he was being taken to the jail. The next day we were able to procure the video of the store and witnesses who were present. The case was dismissed a week later.

Robbery

Client was charged with complicity to commit robbery. The State alleged that our client had helped his brother by acting as a look out while his brother broke into a neighbor's home and stole jewelry and electronic equipment. The Prosecutor was not willing to dismiss or reduce the case against our client based on his prior record. We knew we would be required to go to trial to give our client a chance of not going to prison. After only eight hours of trial the jury returned a not guilty verdict.

Sex Charges

Represented a past client of the firm who was charged with gross sexual imposition for allegedly touching a young girl. The attorneys handling the case traveled to Cincinnati where the crime allegedly took place. There they realized that the girl had made the same allegations against two other gentlemen in the past and had a proclivity of accusing wealthy successful men of touching her. This evidence was presented to the prosecutor who ended up dismissing the case once she assessed the credibility of the alleged victim.

Sex Charges

Represented a client charged with dissemination of child pornography . The police had executed a search warrant of his home and confiscated a number of computers from him. In the search warrant they had asked permission from the Judge to search his residence. While they were leaving the premises they walked by his car parked on the street and found a computer on the front seat. They seized the computer and found child pornography on it. We filed a motion to suppress based on the grounds the search warrant did not include a car parked on the street. The Court found in our favor and dismissed the case.

Sex Charges

Represented a client charged with raping a child under 13 years of age. Our client was looking at life in prison. The State had a strong DNA case and our client had failed a polygraph. We tried the case to the Court and argued that the item of clothing the DNA was found on was just a coincidence and was not indicative of sexual activity. The Judge found our client not guilty of rape and found him guilty of a lesser included offense and sentenced him to 6 months.

Theft

Represented two clients charged with theft of ATMs. They were charged in a 69 count felony indictment. We resolved the case pleading them to 16 counts and having them serve 100 days in the county jail. The potential sentence could have been 69 years in prison.

Case Number: 999

Theft

Represented a hedge fund business man who was out with friends at a very nice restaurant in Cleveland. After he had consumed too many drinks, as a practical joke he took a mirror off the wall and walked out the door with it. He ended up forgetting about it and took it home. The next day the police arrived and found it in his car. The mirror was valued at $15,000 and unfortunately it had been damaged. After paying restitution we were able to convince the prosecutor to not file charges and allow us to handle the matter civilly.

Theft

Represented a Client who was a student at a local university. It was alleged that he had broken into other student dorms and stole items from them. Client was accused of stealing a few women's purses and computers which were located in his room. He lived with four other male students and all four testified at trial that they had never seen him with any of those items before. We painted a picture to the jury that the real culprit had been hiding his stolen goods in our client's room so he would not be caught with them. The jury returned a not guilty verdict.

Theft

Represented a client who broke into a bar and stole close to $50,000.00 worth of restaurant equipment. Client was arrested with the stolen items while he was attempting to sell them to an undercover police officer. After speaking with the victim and resolving the civil side of the case we were able to convince the prosecutor to dismiss the case.

Theft

Our client a middle aged women who was shopping at Saks Fifth Avenue was caught putting items of clothing up her shirt. The total amount taken was close to $5,000. After interviewing our client who was a middle age women and financially well off she could not explain why she did something like this. We retained the services of an expert who was able to opine that our client at the time she took these items was not able to understand and appreciate her actions and therefore could not be guilty of such offense. We argued a mental break and after a three day jury trial the jury returned a not guilty verdict.

Underage Consumption and OVI / DUI

Represented a well-known high school athlete who was charged with underage consumption and OVI/DUI in Ohio . He was on scholarship and would have lost his scholarship and potential opportunity to play basketball. We were aware that the case might have some media attention associated with it so we contacted the prosecutor's office immediately and scheduled a meeting to discuss options with them and the police officers. Prior to the media hearing about the case we were able to work a deal whereby the client would plead guilty to underage consumption and the OVI/DUI would be dismissed . The client would have to perform 100 hours of community service.

Veteran DUI

Thomas DiCaudo represented a disabled veteran facing DUI charges who blew more than double the legal limit on his breath test. Attorney DiCaudo was able to get his case reduced to a lesser charge and the client was very happy with the outcome of his case.

Weapon's Charges

Our client was represented by different counsel at trial where he was charged with two counts of having weapons while under disability after having obtained two different firearms for his own protection. At sentencing, the State of Ohio argued that the court should impose a separate prison term for each count because there were two firearms involved. The trial court imposed a term of two years' incarceration on each count, run consecutively, for a total sentence of four years. On appeal, we argued that, although there were two firearms involved, the counts should have been merged for the purposes of sentencing because both weapons were obtained at the same time and with a single state of mind. The Ninth District Court of Appeals agreed with our position, holding that the trial court had erred in sentencing our client on both counts and reversed the matter for resentencing.

Willful Flee

Represented a client charged with Willful Flee. He was studying to be a physician and any felony would have prevented him from continuing on. It was alleged that he was traveling 149 mph on his motorcycle on the interstate when a state trooper clocked him. The trooper pulled out after him and called for assistance. Other troopers arrived an attempted to stop our client. He got off the interstate a few exits later and when he was paying his toll he was grabbed from behind and arrested. We hired an expert who opined at trial that our client was not physically able to see or hear the police chasing him due to the wind, his helmet and speed. The Jury returned a not guilty verdict on the Willful Flee and found him guilty of reckless operation.