All of the following documents must be received by Luftman, Heck and Associates prior to a bankruptcy filing:
- Paycheck stubs from the previous 6 months
- Tax returns from the previous 4 years (2006-2009)
- Bank statements from the previous 4 months
- Recorded deed and mortgage for any real property
- Summaries of pensions, IRAs, 401(k) statements, etc.
- Summaries of life insurance and homeowner’s insurance
- Car title and automobile insurance policy
- Summaries of stocks, accounts, CDs, etc.
- Copies of driver’s license and social security card
- Copies of all credit card bills, medical bills, collection notices, utility bills, etc.
- Chapter 13 Bankruptcy Clients: Appraisal Report from JS & Associates
Overview of Criminal Defense in Ohio
In the state of Ohio, criminal charges have serious consequences including probation, imprisonment, sizable fines and/or a permanent criminal record. If you or a loved one is facing a potential criminal conviction, you need an Ohio criminal defense attorney to help protect your rights and your reputation.
The criminal defense attorneys at Luftman, Heck & Associates in Columbus and Cincinnati Ohio aggressively represent clients facing criminal charges of all types including:
- Breaking and Entering
- Criminal Sexual Conduct
- Drug Offenses
- Aggravated Vehicular Homicide, Vehicular Homicide and Vehicular Manslaughter
- Drunk Driving / DUI / OVI
- Arson
- Homicide (including Murder or Negligent Homicide)
- Assault
- Domestic Violence
- Weapon Charges
- Fraud
- Child Pornography
- Kidnapping
- Embezzlement
- Forgery and Counterfeiting
- Criminal Fraud
- Illegal Gambling
- Larceny
- Auto Theft
- Robbery
- Trespass
- Fleeing and Eluding the Law
- Theft
- Passing Bad Checks
- Disorderly Conduct
- Underage Alcohol Consumption / Possession
- Additional Misdemeanors and Felonies
Whether you require assistance negotiating a reduced charge or representation at a trial before a jury, an experienced criminal defense attorney from Luftman, Heck & Associates will work diligently on your behalf, treat you with respect, and go above and beyond to preserve your rights as a defendant in the state of Ohio.
Contact us online today to learn more about our criminal defense services.
Overview of Traffic Offenses in California
In the state of California, a ticket for a traffic offense will result in points accrued against an individual as a driver. An increase in driver points will result in higher auto insurance premiums for some time to come. An excessive amount of traffic or moving violation tickets in a specific time period can result in one receiving a “negligent driver” status, possibly resulting in a temporary suspension of license.
According to the California Department of Motor Vehicles, the following ratio of point counts to time period can result in a negligent driver status:
- Four points in 12 months
- Six points in 24 months
- Eight points in 36 months
It should be noted that diligent and timely payment of fines affiliated with traffic offenses will not alleviate points against an individual, or lesson the penalty attached to a negligent driver status.
Examples of one point violations include traffic offenses such as failure to yield, failure to stop at a stop sign or traffic light, making an illegal turn and speeding. An accident where one is found to be at-fault will also result in accruing one point against his/her license. If one is convicted of reckless driving, hit and run, DUI or driving with a suspended/revoked license, two points will be accrued against that individual.
The Luftman, Heck & Associates Advantage
We at Luftman, Heck & Associates provide strong, experienced legal representation for clients charged with a traffic offense in California. We fully understand that every case is unique and manage all of our client cases around the circumstances and not the charges they are facing. Our attorneys are experienced and offer a proven track record in providing successful outcomes for our clients facing traffic offense charges.
Get Started With A Traffic Defense Attorney in California
If you or a loved one are in need of traffic defense representation and are interested in learning more about Luftman, Heck & Associates LLP, please contact us online. A member of our San Diego law firm will contact you directly to discuss your case in more detail and provide additional information about our traffic defense services.
Assault and Domestic Violence Law in California
Under California law, assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on another. In many situations, the assault occurs between people who know each other. A simple assault charge in California involves assault without a deadly weapon and is considered a misdemeanor. Aggravated assault in California involves a deadly weapon such as a knife or gun, and is a felony.
When an individual is charged with the assault or abuse of someone in their residence, a domestic violence charge is also filed. In a domestic violence case, the victim can be anyone living in the same house – spouse, parent, children, grandparent, etc.
Penalties for Assault and Domestic Violence in California
First time offenders of an assault and domestic violence charge typically are ordered to attend counseling, serve time on probation, and pay fines up to $1,000.00. If an assault is serious enough to warrant a felony charge, an offender could be required to spend many years in jail.
Simple Assault - Misdemeanor
Simple assault is a misdemeanor and is punishable by a fine of up to $1,000.00 and incarceration up to six months in county jail. Penalties also include probation up to five years, community service, and mandatory counseling.. In certain situations, jail time up to one year may be required.
Aggravated Assault - Felony
Aggravated assault is a serious felony. Penalties can range from two to twelve years in prison, lengthy probation and up to $10,000 in fines. The offender may also be ordered to pay restitution to the victim. As with most charges, the sentence for a defendant found guilty of aggravated assault takes into account several factors, including whether the assault was committed with a weapon, what type of weapon was involved, the defendant’s prior criminal history, and the injuries suffered by a victim as a result of the assault.
The Luftman, Heck and Associates Advantage
We at Luftman, Heck and Associates ensure that you receive diligent representation at every stage of the criminal defense process. We make certain that the entire process – from the initial filing of charges to final sentencing – is done legally and adheres to your constitutional rights. We also understand the complexity of assault and domestic violence laws. Our attorneys fully explore all of the circumstances when we take on a new client. There are also viable defenses we consider in each case, including:
- Self-defense and the defense of others, or the defense of property;
- Any situation where your actions were initiated in an attempt to stop a crime in the act.
If you or a loved one are in need of criminal defense representation and are interested in learning more about Luftman, Heck and Associates LLP, please fill out a contact form. A member of the firm will contact you directly to discuss your case in more detail and provide additional information about our criminal defense services.
Drug Offenses in Ohio
Due to the “War on Drugs” declared by state and federal law enforcement agencies, many serious drug offenses in Ohio carry a penalty of mandatory prison time. In addition, prosecutors in Ohio are looking for an increase in punishment terms for individuals found guilty of drug crimes. The difference between a guilty and non-guilty finding for a drug charge can often be directly attributed to the quality of defense an individual receives throughout the judicial process.
The attorneys at Luftman, Heck and Associates in Ohio offer extensive experience representing clients on a wide range of drug charges. From minor drug offenses such as possession of the smallest amount of marijuana to major narcotic cases that include complexities like DEA wiretapping, the firm ensures that the best possible outcome is always received for our client.
Examples of drug offenses Luftman, Heck and Associates in Ohio represents include:
- Manufacture and cultivation;
- Possession for personal use;
- Possession for sale;
- Transportation and distribution;
- Violent drug crimes;
- Racketeering;
- Smuggling; and
- Interstate drug transport.
The Luftman, Heck and Associates Advantage
We at Luftman, Heck and Associates ensure that you will receive the fair trial that you deserve. We make certain that the entire process – from when charges are filed to how final outcomes are delivered – is done legally and adheres to your constitutional rights. All of our clients’ cases receive a thorough examination as to how the evidence was obtained, and from there continue to monitor the entire judicial process. There are many ways a case can be dismissed due to illegal steps made on the behalf of others, including:
- Fourth Amendment violations;
- Warrants issued without probable cause;
- Wiretapping and other illegal surveillance;
- Miranda Rights warnings omitted, abridged or defied by police and prosecutors;
- Possession of “drug paraphernalia” as evidence of a crime;
- Statements and evidence illegally obtained, or improperly allowed at trial; and
- Findings delivered as a result of canine searches (drug-sniffing dogs).
Get Started Today
If you or a loved one are in need of criminal defense representation in Columbus or Cincinnati, Ohio and are interested in learning more about Luftman, Heck and Associates LLP, please fill out a contact form. A member of our law firm will contact you directly to discuss your case in more detail and provide additional information about our drug defense services.
Overview of Bankruptcy in Ohio
Bankruptcy is a term often associated with situations of financial hardship. It is also a valuable tool to assist individuals in repaying debts and rehabilitating themselves from financial hardships. Although federal laws attempt to make the bankruptcy process easy for the common person to use, the procedures are often complex and require the guidance of an experienced attorney.
The two most common types of bankruptcies involve the liquidation and reorganization of a person’s assets to alleviate financial burden. Liquidation of assets, known as Chapter 7 Bankruptcy, is when a debtor requests a legal discharge of his/her debts from the bankruptcy courts. Chapter 13 Bankruptcy is when a debtor is responsible for repayment of debts in a pre-determined plan of how and when the debt(s) will be repaid.
The entire bankruptcy process occurs under the guidance and jurisdiction of the Federal Bankruptcy Court. Regardless of the type of bankruptcy filed, upon the initial filing an order called an automatic stay will be administered by the court. An automatic stay will stop most creditors from pursuing collections from the debtor filing bankruptcy. During the automatic stay period, the court will often freeze certain debts. Specific bankruptcy filing impacts include the following:
- Repossession -Bankruptcy prevent repossession once a case is filed. It is important to note that filing a Chapter 7 Bankruptcy will not result in a return of a previously repossessed vehicle. Filing a Chapter 13 will stop repossession and allow the debtor to pay the balance owed on the auto loan while retaining possession and ownership of their vehicle.
- Foreclosure - Chapter 7 filing will only temporarily stop a foreclosure. A Chapter 13 filing may be a better option in this case since it usually allows a debtor to keep his or her house.
- Wage Garnishments - The filing of any bankruptcy may stop wage garnishments.
- Evictions - A landlord may proceed with an eviction, particularly if a judgment has been made against an individual. The stay may delay the eviction by a week or so and occurrences like property destruction may prevent the court from delaying an eviction.
There are certain debts that cannot be discharged and a debtor will continue to be responsible for payment on them, including unpaid child support, alimony, and tax debts. Additionally, a bankruptcy court may not discharge student loans unless a debtor can show that repayment would create be an undue hardship.
Weapons Charges in Ohio
A conviction on a weapons charge, even if jail time is not allotted as the penalty, can follow a person through the rest of his/her life. A prospective employer or landlord can legally block an individual from a job or place of employment due to a prior record, irrespective of what the penalty entailed. Quality legal defense can impact if an individual will face a misdemeanor or felony charge.
Luftman, Heck & Associates represents clients in Ohio arrested on weapons charges, including:
- Carrying a concealed weapon;
- Improper handling of a firearm in a motor vehicle;
- Aggravated assault with a deadly weapon;
- Possession of a weapon by a convicted felon; and
- Firing or shooting an object into an occupied building.
Even if you are not facing jail time, a conviction on a weapons charge could have a negative effect on your life. Most employers do not want to hire an employee with a criminal record. Additionally, landlords may conduct criminal background checks of prospective renters; a conviction may affect your ability to rent an apartment.
It is essential that the Ohio prosecuting attorney understand who you really are, while providing evidence that shows you are much more than what your actions in the situation suggests.
If you are not guilty of the charge, our attorneys will raise all applicable defenses to counter the prosecutor’s case. There are a number of defenses which may be used in a weapons case, including self defense, false allegation, false identification, entrapment, and improper search and seizure of the weapon. In certain cases, the act you are charged with may not even be illegal.
Having an experienced attorney on your side in a weapons case can often make the difference between facing felony or misdemeanor charges, or whether any charges are filed at all. Remember, in some cases a defense must be raised during a specific time frame; as such, contact the Luftman, Heck & Associates law firm for an evaluation of your case today.
The Luftman, Heck and Associates Advantage
We at Luftman, Heck and Associates ensure that you will receive the fair trial that you deserve. We make certain that the entire process – from when charges are filed to how final outcomes are delivered – is done legally and adheres to your constitutional rights. A guilty finding for a weapons charge can impact an individual for the rest of their life when going for employment or a place of residence.
There are also many viable defenses for a weapons charge we take into consideration for you as a client, including:
- Improper search and seizure of weapons
- Weapon usage in self-defense circumstances;
- Accidental firing of a weapon; and
- Non-ownership of a weapon in possession.
Need A Criminal Defense Attorney in Ohio?
If you or a loved one are in need of criminal defense representation and are interested in learning more about Luftman, Heck and Associates LLP, please fill out a contact form. A member of our law firm will contact you directly to discuss your case in more detail and provide additional information about our services.
Traffic Offenses
Although receiving a traffic ticket may not immediately cause you seek legal representation, the situation may require more attention that you believe. Simply paying a traffic ticket does not always end the matter as you may still receive points against your driving record, which may result in the suspension or revocation of your drivers’ license or an increase in your insurance costs. Some insurance laws permit insurance companies to increase your premiums up to fifty percent depending on the number of violations committed. As such, a few simple traffic violations may result in a long-term increase in the cost of your insurance.
Attorneys at Luftman, Heck & Associates represent clients in a variety of traffic offense situations. You have the right to challenge the validity of a traffic ticket. By examining factors like the accuracy of radar detector readings and the officer’s report, we will thoroughly analyze each part of the case against you. If you received a traffic ticket, you need a traffic violation and speeding ticket attorney to stand up for your rights. Our attorneys represent our clients throughout entire case and court process, from arraignment through trial (if necessary). We represent clients in traffic cases, including:
- Driving Under Suspension
- No Operators License
- Failure to Reinstate License
- Speeding tickets
- Reckless driving
- Failure to stop
- Failure to yield
- Illegal turn; and all other moving traffic violations
Working with our clients, we will determine the best course of action to pursue in efforts to eliminate or reduce potential jail time (in certain offenses), points on your license and increased insurance costs. We are committed to protecting our clients driving privileges against suspension and revocation and will counsel our clients on the necessary procedures to reclaim their valid license when taken away, determining whether they are eligible for limited driving privileges and if so, the best course of action to take in requesting full or limited driving privileges from the court.
Fair Debt Collection Practices Act (FDCPA) in Ohio
There are federal and Ohio state laws that protect consumers from malicious and unfair debt collection practices. Facing financial debt is hard enough without inappropriate communications and activities from creditors. The Federal Debt Collection Practices Act (FDCPA) provides protection from a variety of abusive, deceptive and unfair debt collection practices by debt collectors. The FDCPA gives consumers legal protection from certain forms of debt collection methods, including:
- Calling at a location known to be inconvenient, such as your place of employment or during inappropriate hours (generally between 9:00pm and 8:00am);
- Calling after being informed that you have legal representation;
- Continued communication attempts by a creditor after being informed that an individual is unable to pay the debt;
- Use of physical or verbal threats or acts to collect debt;
- Publicizing or threatening to make public your debt delinquencies;
- Excessive calling with an intent to disturb or annoy;
- Making false representations that the caller is an attorney;
- Making false threats that failing to pay will result in an arrest, imprisonment or other taking of one’s property;
- Attempting to collect a debt via a postcard;
- Acquiring an individual’s location information from another person, while stating that he/she owes a debt in order to learn of your location; and
- Threatening to deposit, or depositing, a postdated check before the date written on the check.
These actions include only a few circumstances in which a debt collector may be liable for violations of the FDCPA. As there are limits on the amount of time one can file a claim for FDCPA violations, seeking legal representation as soon as possible if one believes his/her rights have been violated is recommended.
The Luftman, Heck and Associates Advantage
If you believe that your rights protected under the FDCPA are being violated, the attorneys at Luftman, Heck and Associates can help determine if you are legally entitled to protection under the act. Our attorneys are experienced at investigating claims against debt collectors whose activities violate FDCPA laws. Filling out the contact form is the first step in the process. A member of our Columbus or Cincinnati law firm will contact you directly to discuss your case in more detail and provide additional information about our services.
Traffic Offenses
The attorney’s at Luftman, Heck & Associates understand the feeling of being stressed and overwhelmed as a result of being charged with OVI/DUI offense. Drunk driving charges can have serious consequences; a conviction can affect your insurance rates and add points to your driving record. The results can be as severe as a driver’s license suspension and possible jail time.
Oftentimes, a DUI arrest occurs following an event in which the driver may have had a few drinks and may not even consider themselves intoxicated, such as meeting friends for happy hour, dinner or watching a few innings of the game.
Twenty or thirty years ago, getting arrested for drunk driving was not as much of a deal as it is today; as long as no one was hurt and no accident occurred, the driver was simply taken back to his or her house to sober up, assessed a small fine, received points on their license and maybe required to complete a mandatory DUI Class.
Today things are much different. In many jurisdictions, significant jail time can be given to even a first time offender. Some insurance companies routinely cancel car insurance policies for any DUI or OVI conviction, all of them will increase rates of those convicted. Fines have increased substantially in most states, and convictions often require the completion of extensive community service hours and mandate expense training classes. Punishments can increase substantially for those who have been charged with DUI more than once.
When faced with an OVI/DUI charge, it is important to consider what an attorney can do to help you. Because an OVI/DUI arrest can be surrounded by much chaos and confusion, as they often occur on a busy street with loud traffic and distractions, the attorneys at Luftman, Heck & Associates will ensure that law enforcement officials have properly completed all required warnings, properly administered all of the roadside field sobriety tests, and that the searches and arrests were done lawfully. Following an arrest, a chemical test is generally performed to test for alcohol or controlled substance levels; this is often done thorough use of a breathalyzer or blood test (although testing may be refused, doing so automatically mandates a more severe license suspension). An individual must then go through two proceedings. The first is the Administrative License Suspension, which will determine the merit of the license suspension. If the license suspension stands, limited driving privileges for work, school, medical appointments and other activities approved by the court will be requested on the client’s behalf and the client will receive their privileges so that they can begin driving as soon as they are eligible. The second proceeding is the quasi criminal prosecution in a court; this process can take much longer and require an experienced attorney to maintain the required appearances, filings and defenses.
The attorneys at Luftman, Heck & Associates feel they have three important duties for clients charged with an OVI/DUI. The first is to makes sure our clients understand everything that is going on with their case. As such, the client will receive all of the reports and available videos to the attorney for their review. The second is to use our knowledge of the OVI/DUI laws, to see what legal issues there might be with a case. Using those legal issues, we evaluate to see whether it is a good case to litigate, as well as attempt to negotiate a favorable resolution on our clients’ behalf to give the available options. Last, we are always prepared and capable of litigating a case in both evidentiary hearing and trial.
Criminal Sexual Conduct in Ohio
Because criminal sexual conduct charges bring heavy penalties with a guilty finding in the state of Ohio, it is important that an individual receives quality, experienced legal defense to protect their rights.
We at Luftman, Heck and Associates represent clients facing all types of criminal sexual conduct charges. Our goal is to make certain that our clients receive a fair trial and the best outcome possible for the situation.
Examples of criminal sexual conduct charges we represent include:
- Rape
- Statutory Rape
- Child Rape
- Solicitation
- Indecent Exposure
- Lewd Acts
- Sex crimes against children
- Computer crimes
Penalties for criminal sexual conduct charges vary and is dependent upon the type of act conducted, the age of the victim involved, affiliation with the victim prior to the charge, among other things.
The Luftman, Heck and Associates Advantage
We at Luftman, Heck and Associates ensure that you will receive the fair trial that you deserve. We make certain that the entire process – from when charges are filed to how final outcomes are delivered – is done legally and adheres to your constitutional rights.
The attorneys at Luftman, Heck and Associates will provide you with a strong defense, regardless of the charge, that may be based on:
- Mistaken identity – traumatized victims can misidentify suspects;
- Entrapment;
- Factual innocence, which involves false allegations being made against you;
- Insufficient evidence; and
- Improper arrest and/or prosecution.
Get A Criminal Defense Attorney On Your Side Today
If you or a loved one are in need of defense representation due to criminal sexual conduct charges and interested in learning more about Luftman, Heck and Associates LLP, please fill out a contact form. An attorney from our Columbus or Cincinnati, Ohio office will contact you directly to discuss your case in more detail and provide additional information about our services.
Ohio Consumer Law
There are many federal and Ohio state laws in place to ensure consumers are not taken advantage of or treated unfairly by creditors. As a US citizen, one is legally protected against malicious business practices under federal law. The Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA) are consumer protection laws that are in place to ensure that creditors treat debtors with respect and fairness.
In the state of Ohio, laws aggressively protect consumers who are harmed by unfair or deceptive business practices. Many consumer laws require a company found to be involved in unfair or deceptive businesses practices to pay the harmed individual triple damages plus attorney’s fees and costs. In addition, a claim may result in improved public protection as a deceptive or negligent company can be ordered by the court to stop unfair or deceptive practices, preventing further harm to Ohio residents.
Consumers are also afforded a level of rights under consumer laws including canceling a sale within a specific timeframe and receiving a monetary refund and/or receiving financial compensation for time and trouble experienced.
Ohio offers a large array of consumer laws to protect buyers in many situations. Some common laws protecting people against physical and financial injuries involve:
- Automobiles
- Collections/Credit Reporting
- Household Services/Improvements
- Telecommunications
- Professional Services
- Shopping/Apparel/Accessories
- Health & Beauty Services
- Financial Services
- Residential Mortgages
- Computers & Internet
The Luftman, Heck and Associates Advantage
We at Luftman, Heck and Associates provide strong, experienced legal representation and will serve as an advocate on your behalf as a consumer in the state of Ohio. Our goal is to help you recover any physical, financial or emotional losses you experienced as a result of unlawful or illegal practices against you the consumer. We are committed to defending debtors against lawsuits filed by first and third-party creditors, as well as bringing actions against creditors in violation of the Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA). Luftman, Heck & Associates attorneys provide representation for all types of consumer protection cases including:
- Bankruptcy
- Debt Settlement
- Fair Debt Collection Practices Act claims
- Fair Credit Reporting Act claims
If you or a loved one are in need of consumer law representation in Ohio and are interested in learning more about Luftman, Heck and Associates LLP, please fill out a contact form. A member of the firm will contact you directly to discuss your case in more detail and provide additional information about our consumer law defense services.
Chapter 7 Bankruptcy in Ohio
Unlike a Chapter 13 bankruptcy filing, which requires a debtor to repay their debt, Chapter 7 bankruptcies provide a debtor the opportunity to eliminate their debt and receive a fresh start. A debtor filing for Chapter 7 typically does not have the necessary disposable income to repay their debts. Although Chapter 7 may sound like a better option since it essentially discharges debt and requires no repayment, it does require the liquidation of all of the debtor’s non-exempt property, which will be distributed among the creditors.
Chapter 7 Bankruptcy Process
Chapter 7 is the most common type of bankruptcy filing and is often the quickest. The Chapter 7 Bankruptcy process in Ohio takes about four to six months and costs $299.00 in filing and administrative fees. The debtor is typically only required to make one appearance in court and required to complete two credit counseling classes. To manage the entire process, a trustee is assigned will collect all of the debtor’s non-exempt assets, sell them and distribute the proceeds to the creditors. One of the biggest misconceptions with regards to Chapter 7 Bankruptcy is that debtors lose all of their personal and real property. If there is no equity in an individual’s assets that can be liquidated by the Trustee, most debtors retain ownership of their assets after discharge of their debts.
By filing for bankruptcy, a debtor is technically placing the property they own and the debts owed into the possession of the bankruptcy court. The debtor is not permitted to sell or give away any of the property they own once the bankruptcy is filed, or repay pre-filing debts, without the court’s consent. A day or two after the bankruptcy is filed, the court will schedule a creditors meeting, which will include the debtor and all the creditors listed in the bankruptcy papers.
The bankruptcy court-appointed trustee will facilitate the meeting at which the debtor may be inquired about the bankruptcy and the papers filed. Following the creditors meeting, if the trustee determines that the debtor has some non-exempt property, they may be required to surrender that property or provide the trustee with its equivalent value in cash in lieu of the item. Items of little value may be retained by the debtor, although not exempt; however, those items that may be protected vary from state to state. If a debtor has designated a specific property as collateral for a loan, the loan is called a secured debt.
Chapter 7 Bankruptcy Collateral
The most common examples of collateral are items such as houses and vehicles. If a debtor is behind on payments, the creditor can ask to have the automatic stay lifted in order to repossess or foreclose on the property. If the debtor’s payments are current, they may often keep the property and continue to make payments as before, unless the property has enough equity to justify its sale by the trustee. If a creditor obtained a court judgment against the debtor and recorded a lien against property because of an unpaid debt, that debt is also secured. The debtor may be able to discharge the lien in bankruptcy. Upon completion of the Chapter 7 Bankruptcy process, a debtor is discharged of all debts, except:
- Non-dischargeable debts, such as child support, tax debts, student loans
- Debts the court has declared non-dischargeable due to creditor objection, including those incurred by means of fraud or malicious acts.
Chapter 7 Filing Limits
If a person filed a Chapter 7 discharge or completed a Chapter 13 bankruptcy repayment plan in the previous eight years, that individual is ineligible to file a for a Chapter 7 Bankruptcy. Under bankruptcy laws, debtors whose incomes are higher than the median income for a family of their size in the state where domiciled may not be permitted to file for Chapter 7. If a person’s disposable income, less certain permitted expenses, would allow him/her to repay a portion of their unsecured debt over a five-year repayment period, the filing will not be permitted.
The Luftman, Heck and Associates Advantage
We at Luftman, Heck and Associates understand the emotional and financial strains of financial debt and the impact it can have on other areas of your life. We will be with you at every step of your bankruptcy and help ensure that you receive the fairness you deserve throughout your bankruptcy filing. The attorneys at our law firms in Columbus and Cincinnati Ohio have great experience guiding clients through bankruptcy filings and will always strive for the best possible outcome on your behalf.
If it is determined that Chapter 7 bankruptcy is the best option for you, the attorney’s at Luftman, Heck & Associates can help you prepare and file the required Chapter 7 forms. Although the process may appear intimidating, our staff will walk you through the process and prepare the required lists detailing:
- Your outstanding debts
- Current income and monthly living expenses
- Your assets
- Assets a debtor is allowed to keep through the bankruptcy process
- Assets sold or given away during the previous four years
If you or a loved one are in need of legal representation for a bankruptcy filing and interested in learning more about Luftman, Heck and Associates LLP, please fill out a contact form or begin by completing the Ohio Bankruptcy Client Questionnaire. A member of the law firm will contact you directly to discuss your case in more detail and provide additional information about our bankruptcy filing services.
Chapter 13 Bankruptcy in Ohio
A person filing for bankruptcy under Chapter 13 is seeking the opportunity to repay some or all of their outstanding debts. Repayment is at a lower or no interest rate. Since the Chapter 13 process allows the debtor to use future income to repay creditors, filing Chapter 13 is an option for debtors who have a regular income and can make regular payments on the amount owed.
Under Chapter 13 of the United States Bankruptcy Code, a debtor must repay creditors within 3-5 years. A debtor filing Chapter 13 is allowed to keep all his or her property while creditor payments are made under the terms of the court approved repayment plan. By law, the repayment must begin within thirty days after the filing.
There are several advantages to Chapter 13 over a Chapter 7 bankruptcy. A Chapter 13 allows a debtor to cure arrears which he owes on his mortgage and auto loan, preventing the possibility of a foreclosure or repossession. In addition, a Chapter 13 allows a debtor to pay off secured debts such as an auto loan at a reduced amount, or non-dischargeable debts such as tax debts or arrears owed on domestic support obligations, such as Child Support. In Chapter 13, a debtor can eliminate a second mortgage if the fair market value is less than the payoff of the first mortgage. Although Chapter 13 Bankruptcy is a good option for some debtors, the most important criteria for a person to be eligible to file a Chapter 13 Bankruptcy is that their ability to maintain a regular income.
How Does Chapter 13 Bankruptcy Work?
In a Chapter 13 filing in Ohio, a debtor is allowed to keep all his or her property while the court approves a new reduced, or interest-free, repayment plan. Working with all parties, the attorneys for the individual filing prepares a written plan which details the terms of repayment. The plan includes the amount of the payments and the date(s) they are to be made. The plan must be approved by the court and court-appointed trustee before taking effect.
The debtor will start making direct payments to the trustee within 30 days. Eventually payments will be required to be made through a wage withholding unless special circumstances exist. As the Debtor makes payments to the Chapter 13 trustee, the trustee will in turn make payments to the creditors.
Creditors are paid by the trustee in order of priority. Secured debts such as a mortgage and auto loan payments are paid first, followed by mortgage arrears and priority debts such as tax debt and domestic support arrears are paid. Unsecured creditors are the last to receive payment. The Trustee will pay a percentage of the total amount of unsecured debt as prescribed in the confirmed plan (the plan approved by the court). Once a debtor completes the terms of the Chapter 13 plan, the remainder of unsecured debt is discharged.
Chapter 13 File Limitations
Although Chapter 13 Bankruptcy is a good option for some debtors, it is not available to everyone. The most important criteria for a person to be eligible to file for Chapter 13 Bankruptcy is the ability to maintain adequate income for the payment into their Chapter 13 plan. Again, repayment takes anywhere from 3-5 years.
To file for Chapter 13, a debtor must show that he or she has filed both federal and state income tax returns during the three years prior to the bankruptcy filing date. The court may postpone bankruptcy proceedings to allow additional time for the debtor to become current on tax filings. The court will dismiss the case if the returns, or proof of the returns, are unable to be produced.
Disposable Income Outline
In order to qualify for Chapter 13 bankruptcy, you will have to show the bankruptcy court that you will have enough income, after subtracting certain allowed expenses and required payments on secured debts to meet your repayment obligations. Federal bankruptcy laws detail sources from which a Chapter 13 plan may be funded:
- Regular wages
- Income received from self-employment
- Wages earned from seasonal work
- Commissions from sales
- Pension payments
- Federal Social Security benefits
- Disability or workers’ compensation benefits
- Unemployment benefits
- Public welfare payments
- Child support or alimony
- Royalty payments, and
- Proceeds from the sale of property
If the debtor is a non-working spouse he/she can file alone and use funds from their working spouse as a source of income. Additionally, an unemployed spouse may file jointly with a working spouse.
Debt Limits
A person with secured debts over $1,010,650 is not eligible to file Chapter 13 bankruptcy. Secured debt includes those items a person will lose if payments to the creditor are not made, including mortgages and car loans. A debt might also be secured if a creditor has filed a lien against the property for a debtor’s failure to pay a debt. In general, the creditor must have only a legal right to a claim in the actual item. In addition to the limit on secured debts, those with unsecured debts exceeding $336,900 may not file for Chapter 13. An “unsecured debt” is one in which a creditor has no legal right to a claim in a particular piece of property. A majority of debts are unsecured and include credit card debts, medical and legal bills and unpaid utility bills.
The Luftman, Heck and Associates Advantage
We at Luftman, Heck and Associates understand the emotional and financial strains of financial debt and the impact it can have on other areas of your life. We will be with you at every step to help ensure that you receive the fairness you deserve throughout your bankruptcy filing in Ohio. The attorneys at our law firms in Columbus and Cincinnati Ohio have great experience guiding clients through bankruptcy filings and will always strive for the best possible outcome on your behalf.
A bankruptcy attorney from Luftman, Heck & Associates will assist you in understanding the entire bankruptcy process in Ohio, from evaluating the options that will work best for you to negotiating the terms of the payment plan to appearing in court on your behalf. We will work as your advocate in bankruptcy court to ensure your interests and rights are protected. Remember, the creditors have legal representation on their side to support their interests. In general, if you decide that filing Chapter 13 Bankruptcy is the best option for you, our attorney’s will help you:
- Prepare a reasonable budget based on your income and ability to make payments
- Develop a process to communicate with secured creditors
- Prepare a Chapter 13 plan
- File the appropriate forms and pleadings
- Provide representation at any required meetings or court hearings
- Request a discharge once all payments under the plan are complete
Get an Ohio Bankruptcy Attorney on Your SIde
If you or a loved one are looking for a bankruptcy lawyer in Ohio and are interested in learning more about Luftman, Heck and Associates LLP, please fill out a contact form or begin by completing the Ohio Bankruptcy Client Questionnaire. A member of the law firm will contact you directly to discuss your case in more detail and provide additional information about our bankruptcy filing services.
Michelle L. Pierro
After spending the latter part of her law school career as an extern for Luftman, Heck & Associates, Mrs. Pierro found herself wanting to devote her time to helping people in the consumer law arena. Primarily, Mrs. Pierro focuses her practice on consumer debtor defense by protecting consumers from the harsh collection practices of many collectors as well as giving consumers an option besides bankruptcy.
Mrs. Pierro began her work in the field after she completed her undergraduate studies. She worked with companies devoted to both collections and debt consolidation. After witnessing from the inside the realities of many collection practices, Mrs. Pierro dedicated herself to the consumer side of the field.
Education
- 2007 J.D., Thomas M. Cooley Law School
- 2003 B.S., Capital University
Admitted
Memberships & Affiliations
- Ohio State Bar Association
- Phi Alpha Delta Legal Fraternity
Daniel J. Sabol
“Thank you very much, Mr. Sabol saved my life and career…” Client testimonial after a jury returned “not guilty” verdicts.
Daniel J. Sabol is a senior associate at Luftman, Heck & Associates, and heads the firm’s criminal and traffic departments. Mr. Sabol began his legal career with the Franklin County Public Defender’s office, where he quickly earned a reputation as one of the most aggressive attorney’s in the office. While at the Public Defender’s office, Mr. Sabol had more trials in Franklin County Municipal Court than most—if not all—other criminal defense attorney’s. Though often confronted with complex and difficult cases, Mr. Sabol won the majority of them he took to trial.
Upon joining the law firm of Luftman, Heck & and Associates (LHA), Mr. Sabol has practiced exclusively criminal and traffic law, with an emphasis on OVI/DUI defense, drug offenses, theft, crimes of violence, and any cases involving search and seizure issues. Mr. Sabol has practiced in 23 counties around the state, dealing with charges ranging from speeding to aggravated murder. Mr. Sabol has successfully litigated dozens of motion hearings, and has managed to improve his already winning record in trials since joining LHA. Perhaps the greatest testament to Mr. Sabol’s ability is that he is consistently asked by prosecutors to represent their friends and family when in need.
Mr. Sabol has been at the forefront of Ohio OVI/DUI defense, and is often asked for advice from attorneys around the state. In particular, Mr. Sabol was one of the first attorneys in Ohio to cross examine a representative from the Ohio Department of Health on the new Intoxilyzer 8000 breath test machine. He was also one of the first attorneys in Ohio to successfully have an Intoxilyzer 8000 breath test result suppressed by a judge in a contested motion hearing.
Mr. Sabol was initially certified by the National Highway Traffic Safety Administration (NHTSA) for successfully completing the same training that is required for law enforcement officers to conduct roadside Standardized Field Sobriety Tests (SFST). Mr. Sabol went on to become certified as an instructor on the SFST’s, and he is likely to have greater certification than the majority of police officers on the road.
Mr. Sabol has appeared on television as a featured speaker on the topic of criminal and traffic defense. Additionally, Mr. Sabol recently co-authored a chapter titled, “Proven Strategies to Effectively Assert Your Client’s Fourth Amendment Rights” in The Legality of Search and Seizure in DUI Cases, 2011 ed., a nationally published DUI book to assist defense attorneys across the country in their DUI cases.
Mr. Sabol has devoted his career to defending his clients from government prosecution, and he takes a great amount of pride in vehemently representing every one of his clients. He further believes in the importance of being available to his clients, and making sure they understand the procedures associated with their case. As a result, Mr. Sabol freely gives his cell phone number to every one of his clients. When not in the office or dealing directly with cases, Mr. Sabol enjoys reviewing case law, playing recreational football and softball, and blindly following his favorite Cleveland sports teams.
Professional Affiliations
- Ohio State Bar Association
- Columbus Bar Association
- The Ohio Academy of Criminal Defense Lawyers
Admissions
- Ohio
- U.S. District Court, Southern District of Ohio
Education
- 2006 J.D., Moritz College of Law at The Ohio State University Law School
- 2003 B.A. with Honors in Business Administration, The Ohio State University
Classes/Seminars Taught
- OACDL Advanced DUI Seminar
- CBA Defending DUI Seminar
- Defending Clients Charged with OVI Seminar, Muskingum County Bar Association
- OVI/DUI Law, Wellness Group Certified Driver Intervention Program
- OVI/DUI Law, Dublin Counseling Center Certified Driver Intervention Program
- OVI/DUI Law, Pathway’s Certified Driver Intervention Program
- Guest Lecturer on the Practice of Criminal Law at Capital Law School
- Guest Speaker at Moritz College of Law at The Ohio State University
What is DUI?
The term DUI seems self explanatory but it can have dire consequences if you don’t know everything about the law. Let’s break the terms down:
Driving
In reality, this means “operating a motor vehicle.” In Ohio, the commonly used term for DUI is OVI (operating a vehicle under the influence). California still calls the charge DUI but it can include many vehicles other than a car or truck. Lawnmowers, bulldozers and other motorized vehicles are included. Of course, motorcycles are included. If you were not driving, you cannot be charged with DUI.
Under the Influence
If you are operating a motor vehicle while under the influence of drugs or alcohol, you can be charged with DUI. Your blood alcohol level must be above .08. To prove that you are under the influence, the officer may begin with a series of road side tests. The Horizontal Gaze Nystagmus is the most controversial of the tests. The officer examines your eyes to determine if they jerk at a certain angle. You may be asked to walk a straight line or say your ABCs backwards. You may also be asked to take a blood or urine test to measure the amount of alcohol in your blood. Whatever the DUI charges you face, our attorneys are committed to providing strong representation to protect your rights.
California DUI Law
In most cases, a DUI charge in the state of California will be a misdemeanor offense. There are two misdemeanor charges from Vehicle Code 23152 that will most likely be filed against an individual charged with a DUI:
- 23152(a) – Driving under the influence of alcohol and/or drugs.
- 23152(b) – Driving with .08% or more of alcohol in your blood.
In the event that somebody was physically harmed while you were driving under the influence of alcohol or drugs, you will be charged with a felony under California law.
California DUI Law Penalties
The penalty for DUI charges is based on the circumstances surrounding the case. Such circumstances taken into consideration, called “enhancements” in California law, include:
- Prior criminal history, specifically a conviction within ten years;
- Driving 20 mph or more over the speed limit when driving under the influence;
- The presence of a child under the age of 14 in the car during the time of the DUI offense;
- A blood alcohol level of the defendant over .15% ; and
- A refusal to take a blood or urine test when requested by authorities.
Even if one is convicted on a first time DUI offense with none of the enhancements listed above, the state of California enforces strict penalties, including:
- License suspension for 90 days with required participation in a DUI class;
- Probation period of up to three years;
- Four to six days of jail time.
Subsequent DUI charges may also bring on additional penalties of greater jail time and an ignition interlock device installed in owned vehicle(s).
The Luftman, Heck & Associates Advantage
We at Luftman, Heck & Associates provide strong, experienced legal representation for individuals facing DUI charges in California. We fully understand that every case is unique, and manage all of our client cases around the circumstances and not the charges they are facing. Our attorneys are experienced and offer a proven track record in successfully challenging DUI charges.
Need A DUI Attorney in California?
If you or a loved one are in need of DUI and traffic defense representation and interested in learning more about Luftman, Heck & Associates LLP, please fill out a contact form. A member of our San Diego law firm will contact you directly to discuss your case in more detail and provide additional information about our DUI defense services.
Welcome to Luftman, Heck & Associates
We provide aggressive and professional legal representation to each of our clients. We offer the quality of sophisticated litigation services found in larger firms, but without costly overhead, higher fees and conflicts. Luftman, Heck & Associates works with its clients in nearly all areas of law that affect consumers. Whether our clients need help defending a speeding ticket or drunk driving arrest, help with their medical and credit card bills, defending creditor harassment, or defending their rights associated with a car accident, the attorneys at Luftman, Heck & Associates are qualified and ready to help.
Business Law Services in Ohio
The attorneys at Luftman, Heck & Associates are experienced in providing a full range of business law services. Regardless of the stage of a business, an early stage startup or a long-term established company, Luftman, Heck & Associates provides a full range of legal support in the following business service areas:
Business Organizations
- Includes support in determining the most beneficial structure in which to organize your business, such as sole proprietorship, partnership, corporation, etc.
- To address the needs of the unique characteristics around each business format, the attorneys provide expertise on the advantages and disadvantages of available options to maximize business potential.
- Preparation services for start-up documentation and state required filings.
Business Transactions
- Support conducting a wide arrange of business transactions that accompany management of daily of operations - from purchase and sales agreements to commercial litigation and dispute resolutions.
Corporate Compliance
- Provides support in the development and implementation of internal corporate compliance programs and risk avoidance measures.
- Supports custom programs that meet the unique needs of clients and their business.
Luftman, Heck & Associates Advantage
Whether you are starting a new business or dissolving an existing one, Luftman, Heck & Associates is dedicated to working with you to achieve the best result. If you are need of business law representation in Ohio and interested in learning more about Luftman, Heck and Associates LLP, please fill out a contact form. A member of our Ohio firm will contact you directly to discuss your case in more detail and provide additional information about our legal services for businesses.
Employment Opportunities
Luftman, Heck & Associates seeks highly motivated, energetic and committed people to join its team. We are a growing full service law firm and have positions open from entry level assistants to associate attorneys.
We offer all of our full-time staff:
- Medical Insurance
- Dental & Vision Coverage
- Retirement Plan
- Vacation Time
- Paid Holidays
- Positive and Relaxed Work Environment
For more information on the current positions available, please contact that front office at 614-224-1500.
You may also submit your resume at: .(JavaScript must be enabled to view this email address)
Internship Opportunities
Many times throughout each year we have the wonderful opportunity of working with students working their way through law school. Working in a law practice gives upcoming lawyers the practical experience necessary to be effective and successful after passing the bar.
For more information about current internship opportunities available, please contact the front office at 614-224-1500. You may also submit your resume at .(JavaScript must be enabled to view this email address)
Community Involvement
We believe deeply in giving back to our community by working with organizations that tirelessly strive to change the lives of those in need. Here are some of the most recent organizations and events we’ve had the honor of serving:
Each year, for more than 40 years, Bowl For Kids’ Sake has supported Big Brothers Big Sisters agencies throughout the country. BFKS is BBBSA’s premier fundraising thank you party! After a month of raising awareness and funds, our agency thank their volunteers with BFKS party at their local bowling center.
20 million dollars is raised, nationwide through this effort. The real “strikes” each year are the kids who benefit from the annual Bowl for Kids’ Sake events and our volunteers’’ support.
In bowling lanes across the country, more than half a million people be thanked for their support of Big Brothers Big Sisters. It only comes around once a year, so now’s your chance to be a part of the fun.
For information on getting involved with this event, visit: Big Brothers Big Sisters.
Nancy G. Brinker promised her dying sister, Susan G. Komen, that she would do everything in her power to end breast cancer forever.
In 1982, that promise became Susan G. Komen for the Cure and launched the global breast cancer movement. Today, Komen for the Cure is the world’s largest grassroots network of breast cancer survivors and activists fighting to save lives, empower people, ensure quality care for all and energize science to find the cures. Thanks to events like the Komen Race for the Cure, we have invested nearly $1 billion to fulfill our promise, becoming the largest source of nonprofit funds dedicated to the fight against breast cancer in the world.
For information on getting involved with this organization, visit: Race for the Cure
Scott M. Grace
Mr. Grace focuses his practice primarily on Criminal Defense, Bankruptcy, and Consumer law.
In the area of Criminal Defense, Mr. Grace has successfully represented individuals in all stages of the legal justice system, including pre-indictment, jury trial, and appellate advocacy. Mr. Grace has routinely represented clients on charges ranging from minor traffic violations to major felony offenses, with an emphasis on defending those accused of Driving Under the Influence of Alcohol and/or Drugs (D.U.I./O.V.I.). Mr. Grace is certified by the National Highway Traffic Safety Administration (NHTSA) for successfully completing the same training that is required for law enforcement officers to conduct Standardized Field Sobriety Testing, and has also received certified training in the Theory and Science of Evidential Breath Alcohol Testing including alcohol and human physiology, and the theory and operation of infrared breath alcohol testing.
Mr. Grace also practices in the area of Consumer Debtor Defense by protecting individual’s consumer rights, especially by protecting clients from abusive debt-collection practices and creditor harassment, and if necessary, by pursuing violations of the Fair Debt Collections Practices Act (FDCPA), and/or the California Rosenthal Act.
In the area of Bankruptcy Law, Mr. Grace counsels individuals on the benefits and consequences of filing for personal bankruptcy, and if appropriate, prepares and files petitions to discharge eligible consumer debt under Chapter 7 and/or Chapter 13 of the United States Bankruptcy Code.
Practice Areas
Criminal Defense(50%); Consumer & Bankruptcy Law(50%)
Education
Capital University Law School, J.D., 2004, Ohio University (B.A., 1998; M.S.W., 2001)
Admitted
2005, California and Ohio
Memberships & Affiliations
President, Capital University Law School Student Bar Association, 2002-2003 and 2003-2004.
California Bar Association
San Diego Bar Association
Divorce/Marital Dissolution
Our attorneys will work hard to protect your rights and ensure that your interests are represented during this emotional and difficult process. We work closely with our clients to offer legal support and provide complete information regarding options available.
Child Custody and Parentage
We are committed to working with all parties to achieve the best situation for maintaining parent-child relationships.
Child Support and Spousal Support
When available, our attorneys will work hard to make certain custodial parents and spouses receive child support or spousal support following marriage dissolution. Many times, Ohio law requires an opposing party to provide monetary support to a parent or spouse following a divorce and while the case is pending judgment.
Domestic Violence
Domestic violence can be a frightening and stressful situation to endure alone. Our attorneys are committed to representing clients who are victims of domestic violence occurrences as well as the rights of individuals who have been accused of such. We work closely with all parties and law enforcement agencies to makes certain your rights are protected throughout this process.
Premarital and Post-Marital Agreements
Whether you are interested in protecting financial or other assets in a premarital or post-martial agreement, our attorneys work closely with you to prepare the proper documents to ensure your interests and rights are thoroughly protected.
Planning Considerations
Family situations can be difficult to handle due to the emotional relationship that exists. As such, it is often helpful to involve a neutral third party in planning familial obligations as such will ensure that your legal rights are protected.
Divorce Taxation
In addition to dealing with the emotional hardship following a divorce, there are many financial issues which result from the process. Our attorneys will assist you in determining the best option(s) for protecting your tax and financial rights.
Post-Divorce Matters
Our attorneys work closely with all parties to represent our client’s interest in post-divorce matters, which may involve one or several legal issues. Our services will help reduce the stress and confusion what often follows this emotional process.
Mediation
Our attorneys provide representation in all mediation processes to ensure our client’s rights are protected and that a fair compromise is obtained. Although mediation offers a less formal alternative to the court process, it is important to have legal representation in negotiating a mutual agreement.
Please contact one of our attorneys today to receive advice in determining the best option for handling your family law matter.
Business Transaction Services
The firm of Luftman, Heck & Associates represents and provides legal services to corporations, limited liability companies, partnerships and joint ventures at all stages of development in Ohio. The attorneys at Luftman, Heck & Associates work closely with companies to devise solutions that meet their unique business needs. The solutions built out address the complex issues resulting from today’s ever-changing economy and provide extensive support in preparing the proper documentation for various transactional needs.
The extensive array of services provided span from basic sale contract drafting, service contract drafting, and non-compete agreements to the complex sale of existing businesses or corporate buyouts.
Examples of business transactions offered by Luftman, Heck & Associates include:
- Business start-ups
- Corporate organization and formation restructuring
- LLC and partnership formations
- Employment contract law
- Purchase and sales agreements
- Proper maintenance of corporate entity
- Intellectual property licensing and royalty agreements
- Commercial litigation and dispute resolution
- Non-Competition and Confidentiality Agreements
Luftman, Heck & Associates Advantage
Whether you are starting a new business or dissolving an existing one, Luftman, Heck & Associates is dedicated to working with you to achieve the best results. If you are need of business law representation in Ohio and are interested in learning more about Luftman, Heck and Associates LLP, please contact us online. A member of the firm will contact you directly to discuss your case in more detail and provide additional information about our legal services for your business.
Corporate Compliance Services
For risk avoidance purposes, publicly-held companies typically prepare internal compliance programs. Such practices do not need to be reserved for only large public businesses. Small private businesses can also benefit from preparing and implementing a compliance program.
A compliance plan can particularly benefit smaller businesses seeking future IPO or acquisition. Such plans will ensure risks are avoided and/or conflicts are minimized during these transactions.
Generally, a business compliance plan includes:
- Instituting standards and procedures to prevent and identify internal criminal conduct;
- Designating a party who will act as “owner” of the compliance program and will be responsible for monitoring the daily operations of the program;
- Establishing evaluation measures to ensure that individuals with oversight authority have not participated in illegal activities or acted in violation of the program;
- Properly training employees to comply with the compliance program on a daily basis;
- Completing a periodic review of the program and providing employees a process to anonymously report potential violations without fear of retaliation;
- Enforcing the program via incentives and disciplinary measures; and
- Responding immediately to any criminal conduct that may be discovered.
The Luftman, Heck & Associates Advantage
Whether you are starting a new business, dissolving an existing one or just need assistance with corporate compliance, Luftman, Heck & Associates is dedicated to working with you to achieve the best results. If you are need of business law representation in Ohio and are interested in learning more about Luftman, Heck and Associates LLP, please contact us online. A member of the firm will contact you directly to discuss your case in more detail and provide additional information about our legal services for your business.
David B. Schultz
Attorney David Schultz has many ties to the local community. He was born and raised in Westerville, Ohio. David went on to attend Baldwin-Wallace College in Berea, Ohio. While at Baldwin-Wallace College. David graduated from Baldwin-Wallace College in 2000 with a major in Criminal Justice and minors in Political Science, Sociology, and Psychology.
David attended Capital University Law School and graduated in May of 2003. His practice areas primarily consist of personal injury litigation and bankruptcy law.
Professional Affiliations
- American Bar Association
- Ohio State Bar Association
- Columbus Bar Association
Admissions
- Ohio
- U.S. District Court, Southern District of Ohio
Education
- 2003 J.D., Capital University Law School
- 2000 B.A., Baldwin-Wallace College
Jeremiah E. Heck
Mr. Heck's practice focuses primarily on consumer law, real estate law, employment law, and personal injury.
Mr. Heck’s practice is weighted most heavily on consumer law where he represents consumers' rights, which includes claims based on unfair debt collection practices by creditors, settling claims with creditors, and claims against businesses for unfair or deceptive trade practices. Mr. Heck has been sought out for his knowledge of consumer law. He was interviewed and quoted by SmartMoney.com, a prominent online financial website, regarding his opinions on consumer rights issues.
Mr. Heck also currently enjoys teaching Real Estate Law at the Capital University Law School's Paralegal Program.
Accomplishments
- Research Editor for Capital University Law Review
- Served ten years in the United States Army
Professional Affiliations
- American Bar Association
- Ohio State Bar Association
- Columbus Bar Association
Admissions
- Ohio
- U.S. District Court, Southern District of Ohio
Education
- 2003 J.D., Capital University Law School
- summa cum laude
- 2000 B.A., Ohio University
Honors & Other Awards
- 2010 Super Lawyers Ohio Rising Star Attorney
- Only consumer law attorney selected as 2010 Super Lawyer Rising Star Attorney for the State of Ohio
What is OVI/DUI?
Drunk driving, impaired driving, OVI, OMVI, DUI, and DWI are interchangeable in Ohio. The official acronym or term is “OVI.” In 2004, the Ohio legislature invented the term “Operating a Vehicle (while under the) Influence,” or OVI, as the general term. Ohio Lawyers tend to use the term DUI most of the time, instead of OVI, as DUI is a more universal term. Additionally, OVUAC (or OMVUAC) is a legally distinct term used for certain OVI charges that apply to those less than age 21.
When are you committing OVI/DUI?
Under Ohio Law a person commits OVI or DUI when they “operate” a vehicle while under the influence of an illegal substance or while over the legal blood-alcohol limit. Ohio law defines operate as an act “to cause or have caused movement” of the vehicle.
What is considered a “Vehicle”?
Under Ohio law, “vehicle” means every device, including a motorized bicycle, in, upon, or by which any person or property may be transported or drawn upon a highway, except that “vehicle” does not include any motorized wheelchair, any electric personal assistive mobility device, any device that is moved by power collected from overhead electric trolley wires or that is used exclusively upon stationary rails or tracks, or any device, other than a bicycle, that is moved by human power.
“Motor vehicle” means every vehicle propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires, except motorized bicycles, road rollers, traction engines, power shovels, power cranes, and other equipment used in construction work and not designed for or employed in general highway transportation, hole-digging machinery, well-drilling machinery, ditch-digging machinery, farm machinery, and trailers designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a street or highway for a distance of no more than ten miles and at a speed of twenty-five miles per hour or less.
Further, Ohio law prohibits operation of the vehicle while intoxicated to boundaries “within this state” whether on a road or not.
Health Care Directive Planning in Ohio
A health care directive is a written document that informs others of an individual’s health care wishes. In a health care directive, one can assign a person, or agent, to make decisions relative to health care matters if that individual is unable to.
Advance Directives
In Ohio, “advance directives” is the term used to describe three types of legal documents that outline the wishes of an individual’s future health care:
(1) a durable power of attorney for health care (POA),
(2) a declaration for mental health treatment, and
(3) a living will.
An advance directive can be important tool for individuals with mental health and other disability services, as it clearly outlines how care should be administered to him/her in the event that they lack the ability to make personal health choices. The document gives medical providers, family and friends direction on how to care for an individual in a clear and legally binding format. An advance directive helps ensure that a person is cared for in the manner that the individual wants to when he/she is unable to communicate those wishes and not in a manner that is in the best wishes of others.
The Luftman, Heck & Associates Advantage
In the event that you are prevented from making important health care decisions on your behalf, Luftman, Heck & Associates can provide assistance in preparing a health care power of attorney, durable financial power of attorney and living will. Such documents will make certain that you designate an individual whom is authorized to make health care and financial decisions for you in the event of a disability.
Planning for these matters in advance will save your family and loved ones time and money, and avoid the need for a guardianship to be established through complex legal procedures in the event of a health crisis. To begin the process for you or a loved one, contact us today.
Estate Tax Planning in Ohio
The preparation involved with providing for loved ones once an individual is deceased should take into consideration the large percentage of assets that will be applied to state and/or federal inheritance taxes. In the state of Ohio, one is legally permitted to receive an unlimited amount of assets upon the death of a spouse without tax penalty. Because of such tax protection laws, the surviving spouse receiving the estate will likely be subject to an estate tax upon his/her death.
For the estate of a non-married individual, there will almost always be an estate tax if his/her remaining assets are substantial. Proactive legal protection of an estate is highly recommended to avoid heavy estate tax penalties.
In addition, recent changes to federal estate tax laws require an increased need for legal guidance in adequate tax planning.
The Luftman, Heck & Associates Advantage
With all of the complexity around estate taxes and the changing federal laws, it is important to discuss your estate plans with an attorney from a respectable firm like Luftman, Heck & Associates to help avoid or minimize the taxes that may be assessed on your estate following your death. Because tax laws can change quite frequently, we can help prepare an estate tax plan that will work best for the individual and his/her situation.
Luftman, Heck & Associates provides estate tax-planning advice that help save estates from substantial state and federal taxes. Our attorneys offer extensive estate tax planning experience and guidance to clients with estates of all sizes. To begin the process for you or a loved one, contact us today.
Nursing Home Abuse and Neglect
As the cost of living continues to increase each year an increasing number of people are unable to stay home to care for their elderly or ill family members. Families often have no choice but to place their loved ones in a nursing home or other assisted living facility. As a result, there have been an increased number of cases involving the abuse or negligent treatment of patients by nursing home employees, who are faced with the growing numbers of patients to care for.
Many times, the easiest way to spot situations of abuse or neglect is to communicate often with your loved one residing in the assisted care facility. Provide them the opportunity to tell you about any acts of neglect or abuse. It is not uncommon for someone to be frightened or intimidated to talk about uncomfortable situations so ask specific questions if you are concerned about his or her safety. Any mentions of neglect or abuse should be followed up with a search for physical signs, such as: untreated bedsores, open wounds, cuts, bruises, torn clothing, broken personal items, sudden weight loss, abnormally pale complexion and poor personal hygiene.
Additionally, observe for signs of careless staff and examine the facility for signs of improper heating or cooling, staff inability to explain the resident’s condition, refusal to allow visitors to visit the resident alone and the sudden or unexplained change in a resident’s medication. If possible, keep records of possible incidents by taking photographs of injuries or unsuitable living conditions and prepare detailed notes about the resident’s daily routine, medications and anything appearing to be unusual.
If you suspect that you or a loved one has been harmed as a result of nursing home abuse or negligence, contact an attorney at Luftman, Heck & Associates for an evaluation of your case. In most cases, the management of the nursing home can be held accountable for the actions of its employees, and the injured may be entitled to receive compensation for any suffering they have experienced.
Worker’s Compensation Claims
If you have been injured on the job, you may be eligible to receive workers compensation while you recover from your injury. Workers compensation is insurance that federal law requires your employer to carry in the event an employee is injured on the job or dies as a result of work-related circumstances. If you are unable to work because of a work injury or illness, workers compensation may provide you with:
- Wage benefits
- Reasonable and necessary medical care to treat the injury
- Selecting an appropriate doctor to treat the injury
- Hiring an attorney to assist with your claim
- Maintaining confidentiality throughout the claim process
If you are injured on the job, most jurisdictions require that you:
- Inform your employer about a work-related injury or illness in a timely manner
- Complete a claim form and submit it to your employer
- Inform your doctor of the details regarding the injury
If you have been injured in a work-related accident, contact an attorney at Luftman, Heck & Associates for an evaluation of your case and legal right. Many times we are able to help injured workers obtain medical treatment and receive monetary benefits to help them cope with their injuries and the associated financial issues.
Product Liability Claims in Ohio
Due to the high volume of consumer goods consumption in our society, it is inevitable that some people will experience serious injuries as a result of defective products. Product related injuries can usually be avoided if manufacturers or distributors of products exercised proper care to ensure consumer safety. Defective products that commonly cause injuries include medical devices, pharmaceutical products, and common items such as toys, cleaning products and processed foods.
Individuals harmed by defective products may be eligible to receive compensation for medical expenses, lost wages, loss of physical capacity, pain, suffering and mental distress. In Ohio, punitive damages are limited to twice the amount of compensatory damages. This limit does not apply when the defendant has been convicted of or pleaded guilty to a criminal offense that is considered a felony. Additionally, punitive damages are not available in product liability claims involving FDA-approved drugs and medical devices if the manufacturer that produced and labeled the product in accordance with the terms of the federal approval or license or marketed an over-the-counter drug in compliance with federal regulations.
Product Recalls
It is important to know what products are recalled because they are defective or unsafe. Federal agencies, such as the Food and Drug Administration (FDA) and the U.S. Consumer Product Safety Commission (CPSC), frequently announce recalls for certain medical devices, drugs and products that may be pose a threat to consumers.
The Luftman, Heck & Associates Advantage
Product liability claims require experienced legal representation. The attorneys at Luftman, Heck & Associates are well versed on the most recent state and federal laws, and address each case as unique. Our goal is to provide the best possible outcome for you based on your product liability claim.
If you or a family member has been harmed or injured by a defective product, contact a personal injury attorney at Luftman, Heck & Associates for an evaluation of your case.
Medical Malpractice Claims
Incidents of medical malpractice may occur when a doctor improperly treats or diagnoses a medical condition resulting in the injury or death of a patient. Any injury resulting from the lack of the required standard of care and provides the injured (or their estate) a claim in which monetary compensation may be sought. Medical malpractice might be a result of a doctor’s or hospital’s failure to act as well as occurrences of providing incorrect treatments. It is important to keep in mind that the duty of a medical professional is not to “cure” or guarantee a positive outcome following treatment; As such, medical malpractice does not occur every time medical treatment is not successful, doctors are not required to be right every time they make a diagnosis. The required duty is to provide good medical care according to the accepted standards of the medical community or, in the case of treatment by a specialist, accepted standards in that medical specialty. A misdiagnosis may occur even when all proper tests are performed and evaluated by a skilled doctor using the utmost care. However, a misdiagnosis may become malpractice if the doctor fails to complete standard tasks, such as obtaining a patient’s medical history, ordering appropriate and necessary tests or recognizing common symptoms of an illness.
The attorneys at Luftman, Heck & Associates are experienced in handling all types of medical malpractice lawsuits, pursuing claims for the victims of medical injuries in Ohio, including, but not limited to:
- Birth-related injuries
- Failure to diagnose a heart attack or related symptoms
- Hospital inaccuracies
- Medication inaccuracies
- Misdiagnosis, delay and failure to identify cancer/li>
Under Ohio law, a medical malpractice action must be commenced within one year after the incident occurs. A cause of action for medical malpractice occurs when the injured person discovers, or should have discovered, the injury, or when the physician-patient relationship for treating the condition terminates, whichever occurs later.
Malpractice that results in death results in two separate claims: a malpractice claim for the personal loss and suffering prior to death (enforced by the decedent’s personal representative) and a wrongful death claim provided to the decedent’s spouse and children.
If you or a loved one has been injured as a result of possible medical malpractice, contact Luftman, Heck & Associates for an evaluation of your case. It is important to act quickly in order to assert all available claims and act within the allotted time.
Spinal Cord and Brain Injuries
If you or a family member has been involved in an accident resulting in a spinal cord or brain injury, you may be entitled to compensation for your injuries and your pain and suffering.
The spinal cord connects the brain to the body and transmits signals for all senses and controls movement. As such, an injury to the spinal cord can have a severe effect on the injured person and can cause paralysis or additional loss of control of any number of mechanical functions. The complexities associated with spinal cord injuries may require several years for recovery.
Though a majority of spinal cord injuries result from auto accidents, they may also occur while working or while participating in a sporting activity. Trauma to the head or neck region can cause the brain to bruise, bleed, tear, and swell. Generally, there are two types of head injuries, open or closed. An open injury means the skull has been fractured, while a closed head injury does not involve a fracture. Both types of brain injuries can cause paralysis, loss of vital body functions and death. Less obvious indications of a brain are memory loss, irritability and a change in personality.
The extreme and permanent nature of a spinal cord injury requires the expertise of a personal injury attorney and medical professional in preparing your claim in order to obtain the optimal financial recovery and medical treatment available. The attorneys at Luftman, Heck & Associates are committed to providing the highest level of support to persons with spinal cord and brain injuries. We will work hard to ensure all potential claims and remedies are sought and your rights are protected throughout the proceedings.
Slip and Fall Injuries in Ohio
Slip and fall injuries often occur from situations when a person slips, trips and falls due to a dangerous condition on another’s property. Although slip and fall accidents can take place anywhere, they often occur in places that invite large numbers of people to visit a property for recreational or commercial purposes, such as grocery stores, shopping malls, department stores, parking lots and sidewalks.
Common slip and fall injuries occur when there are damaged floors, wet spots in high traffic walkways, inadequately lighted parking lots, weather-related and other hazardous conditions like:
- Unattended snow pile-ups
- Improperly secured mats and rugs
- Building code violation
- Fire hazards
- Unmarked drop-offs
- Uncovered potholes
As many slip and fall cases occur at retail or commercial establishments, the law provides strong protection for individuals injured as a result of the proprietor’s or employees failure to make the premise safe, including:
- Failure to correct or warn against a condition that may result in injury or damage to another person or their property; and
- Negligent and careless acts, or failures to act, and failure to provide appropriate warnings.
The Luftman, Heck & Associates Advantage
Our personal injury attorneys in Ohio will work with you to prepare a strong claim, preserve the essential evidence needed to prove your case and represent you in recovering the compensation you deserve, including:
- Medical expenses;
- Long-term care; and
- Expenses for pain and suffering.
If you believe that you have been injured by the negligent act or maintenance failure of a property owner, contact Luftman, Heck & Associates today for an evaluation of your case.
Animal Attacks in Ohio
Dog bites and other assaults involving an animal, domesticated or otherwise, are unpredictable and may result in serious physical and emotional injuries. The physical injuries and medical costs associated with an animal attack may be extreme and include:
- Emergency medical bills
- Future medical costs
- Pain and suffering
- Emotional trauma
- Lost wages
- Plastic surgery
- Psychological damages
- Scars and disfigurement
- Temporary and permanent nerve damage
- Infections
The Luftman, Heck & Associates Advantage
The personal injury attorneys at Luftman, Heck & Associates will help ensure an individual seeking recovery for injuries and suffering that resulted from an animal attack receives what he/she is entitled to. Contact us today to learn more about how we can help you with your case.
Wrongful Death Claims in Ohio
When an individual is killed due to the wrongful act, neglect or fault of another, it is considered a wrongful death. Deaths resulting from vehicle accidents, medical malpractice and construction-site accidents are some common causes of wrongful deaths.
An action for wrongful death belongs to the decedent’s immediate family members or estate, depending on the particular circumstances. In a wrongful death claim, the estate must show that the death was wrongful – intentional or not - and request compensation for the decedent’s survivors.
The executor of an estate may request compensation for medical and funeral expenses, mental anguish and other hardships resulting from the death. Unlike some states, Ohio has no limit on the amount that can be awarded in a wrongful death claim.
The Luftman, Heck & Associates Advantage
When a death results through the wrongful acts of another, it can cause an extreme amount of confusion and anguish for the family of the deceased. To place a monetary value on the death of an individual, whatever the circumstances, can be difficult and emotional. In Ohio, the attorneys at Luftman, Heck & Associates are committed to helping the families of those involved in fatal accidents.
If you or a loved one suffered the loss of a wrongful death, contact one of our attorneys today to begin working on your case.
Vehicular Accidents in Ohio
Even when one administers the greatest of care when operating a vehicle, an accident can still occur as a result of another’s negligence or carelessness. Vehicle accidents continue to be the most common type of accident in the United States due largely to driver negligence and disregard for traffic safety laws.
In addition to everyday distractions that cause an accident, such as road construction and weather, the increased use of electronic devises by persons while driving further increases the potential for accidents. Auto accident is a general term that includes accidents involving many types of vehicles. The resulting injuries and liabilities may differ depending on the type of vehicle(s) involved during the accident.
Car Accidents
Oftentimes car accidents occur as a result of a driver’s negligent or careless behavior. Failure to properly follow traffic safety rules and use reasonable care when driving a vehicle increases the potential for a road injury to occur. Other contributing factors to a car accident include:
- Disregarding traffic signs and warnings
- Improperly trained driver
- Speeding
- Driving under the influence of drugs or alcohol
- Tail gating
- Disregarding regular car maintenance and safety checks
- Disregarding dangerous weather and road conditions
In the U.S., the legal term used to define a personal injury resulting from an auto accident is called a “tort”. Most jurisdictions provide a party injured as a result of the negligent act of another (resulting in a tort) a basis for legal action to request compensation for their injury. In a car accident claim, a victim may be awarded compensation if he/she pursues legal action.
Semi Truck Accidents
Semi truck accidents often occur from mistakes and negligence committed by the truck driver. Contributing factors to a semi truck accident include:
- Speed
- Unsafe Road Conditions
- Fatigue
- Necessary Truck Maintenance
- Intoxication
- Equipment Defects or Malfunction
- Improperly Loaded or Unbalanced Cargo
- Inadequate and Improper Signage
Motorcycle Accidents
Although safety laws require motorists to watch for motorcycles on the road, oftentimes they do not exercise proper procedures, resulting in serious injuries such as broken bones, brain damage and head injuries, back/neck/spinal cord injuries and road burn. Motorcycle placement in a car’s blind spot and driver negligence provide greater risk for accidents to occur.
Train Accidents
Train accidents occur nearly every ninety minutes, and every two weeks a train carrying hazardous materials derails and spills its cargo. Train accidents may cause severe personal injuries or even death when toxic material leakage is involved.
Bus Accidents
Like other vehicle accidents, bus accidents may be a result of driver negligence or carelessness, weather conditions or road damage. Additionally, a number of bus accidents have occurred due to the simple negligence of other drivers’ ignoring traffic laws. Whatever the cause may be, persons injured in a bus accident may be entitled to compensation for the physical and mental injuries resulting from the incident.
Pedestrian Accidents
Disregarding traffic safety laws, including the failure to yield and stop at intersections, driving under the influence of drugs or alcohol and being inattentive to persons crossing the streets and roads are some common causes of pedestrian accidents. If you or a family member was injured in a pedestrian accident as a result of a negligent driver, you are likely entitled to seek compensation for your injuries, pain and suffering.
Boat Accidents
Although it is easy to underestimate the risks associated with operating a boat, it is important to remember that boats are vehicles that require proper training and maintenance and their operation requires extreme care. Boating accidents can occur as a result of:
- Boating negligence
- Defective equipment, such as: ladders, cranes, and slippery decks
- Unsafe working conditions on docks
- Inadequate safety procedures
- Poorly maintained equipment
Highway Defects
A highway defect that causes an accident can further complicate a vehicle accident as additional parties may be held liable. A state’s highway department is responsible for the proper maintenance and care of its interstate roadways, but road conditions may occur too quickly to be corrected before an accident occurs.
The Luftman, Heck & Associates Advantage
There is often no sure way of predicting when an accident will happen. Regardless, it is important to ensure that your legal rights are protected following the occurrence of an accident.
The attorneys of Luftman, Heck & Associates in Ohio represent clients in all types of personal injury cases on both the victim and defendant side. There are many factors evaluated throughout the process that can impact the outcome of the verdict. Our goal is to ensure that you receive the best outcome possible at the end of the legal process.
Get a Personal Injury Attorney On Your Side
If you or a loved one suffered an injury due to the negligence or recklessness of another, or being charged as a defendant in a vehicle accident case, contact one of our attorneys today to begin working on your case.
Chapter 7 Bankruptcy in California
One does not plan on entering a period of financial crisis. Loss of a job, illness or an injury can impact an individual’s ability to pay bills. Referred to as “the fresh start bankruptcy,” a Chapter 7 bankruptcy filing in California requires no down payment and will eliminate all debt not affiliated with child support, alimony, student loan and tax payments.
Under Chapter 7, property can be subject to loss if not included in the bankruptcy filing from the beginning. With a Chapter 7 bankruptcy filing, an individual can keep an owned home if he/she is current on mortgage payments and wants to remain in the home. If one is behind in mortgage payments, the creditor can request the bankruptcy court to lift the stay and proceed with a foreclosure.
Since a Chapter 7 bankruptcy filing can remain on one’s credit report for seven years, there is fear that one’s need for an automobile loan will be compromised by the filing in the future. An individual can obtain an automobile loan within the seven years after filing, with each year that passes post filing being easier than the former. An annual income increase in that time can also help increase one’s ability to acquire an automobile loan.
Chapter 7 Bankruptcy Filing Process
The Chapter 7 bankruptcy filing process is typically the easiest and quickest way to file for bankruptcy in California. The average process will take four to six months, and will cost $299 in filing and administrative fees. It is highly recommended that an attorney is retained for any bankruptcy filing to ensure that it is handled correctly without issue. Before an attorney files the bankruptcy paperwork on your behalf, it is recommended that there is a thorough discussion regarding one’s current financial situation and outstanding debts. At the court hearings, creditors may or may not be in attendance. If there is no pertinent issue at hand, the bankruptcy is typically approved by the court on that day.
Things to Know About Filing Chapter 7 Bankruptcy
Before filing for Chapter 7 bankruptcy, it is important to be aware of the following:
- An individual will not be allowed to file if a prior Chapter 7 bankruptcy filing occurred within eight years, or one did not complete a Chapter 13 Bankruptcy repayment plan;
- If an individual’s income is higher than the median family income for a family of his/her size in California and disposable income, less some expenses, will allow one to repay outstanding debts in five years;
- A Chapter 7 bankruptcy filing will remain on one’s credit report for seven years; and
- Child support, tax debts and student loans are not eligible for Chapter 7 protection.
The Luftman, Heck and Associates Advantage
We at Luftman, Heck and Associates understand the emotional and financial strains of financial debt and the impact it can have on other areas of your life. We will be with you at every step of your bankruptcy, and help ensure that you receive the fairness you deserve throughout your bankruptcy filing. The attorneys at our San Diego law firm have great experience guiding clients through bankruptcy filings and will always strive for the best possible outcome on your behalf.
Let Us Help You Get Started
If you or a loved one are in need of legal representation for a bankruptcy filing and interested in learning more about Luftman, Heck and Associates LLP, please fill out a Contact Form. A member of the firm will contact you directly to discuss your case in more detail and provide additional information about our bankruptcy filing services.
Chapter 13 Bankruptcy in California
By filing a Chapter 13 bankruptcy, one can repay a portion or all of an outstanding debt often at lower interest rates. A Chapter 13 bankruptcy filing is ideal for an individual facing a repossession or foreclosure and want to maintain possession of an automobile or home and/or are in arrears for child support payments or taxes and unable to pay due to other outstanding debts. There are also individuals with a strong desire to pay outstanding debts and not erase them under a Chapter 7 filing, a Chapter 13 filing is more in alignment with these desires.
In order to file for Chapter 13 bankruptcy, one must demonstrate a source of income. The source of income can come from any source of employment, earned commissions, pension payments, Social Security benefits, unemployment benefits, child support or alimony, royalty payments and/or funds from a property sale.
Chapter 13 Bankruptcy Filing Process
It is highly recommended that an attorney is retained for any bankruptcy filing to ensure that it is handled correctly without issue. Before an attorney files the bankruptcy paperwork on your behalf, it is recommended that there is a thorough discussion regarding one’s current financial situation and outstanding debts. For a Chapter 13 filing, proof of income will be required. Your attorney will file for Chapter 13 on your behalf with a proposed payment plan. After the filing is made, creditors must legally stop any collection and/or repossession activity against an individual.
A Chapter 13 Trustee is assigned to each filing, and will be present in the pre-court meeting with an individual. Debtors looking to recoup payment from an individual filing Chapter 13 may appear at the pre-court meeting to protest payback amounts. A court date is typically scheduled one to two weeks following this meeting. At the court hearing, the payment plan proposed by an attorney when filing Chapter 13 bankruptcy will be approved or disapproved. Payments made on a Chapter 13 bankruptcy will be directly taken from a personal bank account or withheld from sources of income.
Things to Know About Filing Chapter 13 Bankruptcy
Before filing for Chapter 13 bankruptcy, it is important to be aware of the following:
- The individual filing for Chapter 13, upon approval of the bankruptcy, will be required to pay the outstanding debts within five years;
- The trustee assigned to the bankruptcy filing will pay debts in order of priority. Home mortgages and car payments are usually the first to be paid for, if they were included in the bankruptcy filing plan. Tax and child support obligations are followed by unsecured debt;
- Once the debtor finishes the five-year plan proposed in the Chapter 13 filing, the remainder of the unsecured debt is discharged;
- A sole proprietorship cannot file a Chapter 13 bankruptcy, but can file as an individual and list business-related debts;
- One cannot file for Chapter 13 if his/her secured debts exceed $1,010,650; and
- The tax filings for the individual filing for Chapter 13 must be current.
The Luftman, Heck and Associates Advantage
We at Luftman, Heck and Associates understand the emotional and financial strains of financial debt and the impact it can have on other areas of your life. We will be with you at every step of your bankruptcy and help ensure that you receive the fairness you deserve throughout your bankruptcy filing. Our team of lawyers in San Diego have years of experience guiding clients through bankruptcy filings, and they will always strive for the best possible outcome on your behalf.
Get Started Today
If you or a loved one are in need of legal representation for a bankruptcy filing in California and are interested in learning more about Luftman, Heck and Associates LLP, please fill out a Contact Form. A member of the firm will contact you directly to discuss your case in more detail and provide additional information about our bankruptcy filing services.
Fair Debt Collection Practices Act (FDCPA) in California
The Fair Debt Collection Practice Act (FDCPA) protects consumers in the state of California from collection agency harassment. Under the FDCPA, debt collectors are not legally allowed to continue calling if an individual communicated that they are unable to pay the debt at the time. One is also legally protected from a debt collector calling them at their place of work if he/she requests no contact at his/her place of employment.
Nobody anticipates being in financial arrears and unable to pay back a debt. At the same time, as a consumer in California, one’s privacy is legally protected against debt collectors.
Examples of FDCPA violations include:
- Using threats as an attempt to collect on a debt;
- Calling during inappropriate hours, typically defined as before 8 am and after 9 pm;
- Making claims that everyone will be made aware of one’s debt;
- Claiming to be an attorney in an attempt to intimidate;
- Threatening jail time if payment is not made;
- Calling an employer, friends and/or family and telling them about a debt; and
- Threatening to deposit a postdated check early.
If one believes that their rights under the FDCPA are being violated, it is important to file a claim in a timely manner. Also, once an attorney is retained by an individual for debt purposes, a debt collector is not legally allowed to contact him/her under the FDCPA.
Under the FDCPA, a debt collector is not legally allowed to contact an individual directly once an attorney is retained. If a collector continues to call you and you think they are violating the FDCPA, call us immediately. You must file your claim in a timely manner. Let us handle the hassle of dealing with the collectors and protect your rights.
The Luftman, Heck and Associates Advantage
We at Luftman, Heck and Associates offer deep experience representing clients in accordance with the FDCPA. We will serve as your advocate against debt collectors, and ensure your rights as a consumer in California are protected according to the FDCPA. Our goal is to help ease the burden on you as you face increasing financial pressure, and ensure you receive the legal protection from debt collectors that you are entitled to.
If you or a loved one are looking for FDCPA legal assistance and interested in learning more about Luftman, Heck and Associates LLP, please fill out a contact form. A member of the firm will contact you directly to discuss your case in more detail and provide additional information about our criminal defense services.
Bankruptcy
Whether you decide to file a Chapter 7 or Chapter 13 bankruptcy due to persistent financial difficulties, our attorneys will walk you through each step of the process and assist you in determining which bankruptcy option will best meet your needs. We work closely with bankruptcy courts, creditors and trustees to represent your interests throughout the proceedings. For more detailed information on our Bankruptcy services please Click here.
Overview of DUI Charges in California
DUI, or Driving Under the Influence, is one of the most serious traffic offenses in California. A conviction for DUI involves license suspension, heavy fines and even jail time in certain situations. If the individual charged holds a commercial driver’s license, it will be automatically suspended upon the first conviction for a period of at least one year, and permanently revoked upon any subsequent conviction. If anyone is injured as the result of an accident involving a DUI, the offender can be charged with felony DUI.
Due to the complicated nature of DUI charges, the criminal justice process is more complicated than in other ordinary traffic offenses. In order to effectively represent clients, the DUI attorneys at Luftman, Heck& Associates exercise constitutional challenges at each stage of the process. Generally, the DUI process is divided into several distinct phases with their own unique issues and challenges.
Reasonable Suspicion
In order to stop a vehicle, an officer must have a “reasonable suspicion” that the driver is involved in criminal activity. In the context of DUI arrests, this means that there must be some indication that the driver is impaired to justify the officer stopping the driver.
Probable Cause
After an officer has stopped a driver based on “reasonable suspicion” of involvement in criminal activity, the officer must then establish “Probable Cause” to believe that the driver is in fact involved in criminal activity to justify detaining an individual. “Probable Cause” is generally established based on the officer’s observation of the individual, including any indications of impairment or intoxication, including:
- Physical indications, such as “bloodshot, glassy eyes”, slurred speech, fumbling, lack of coordination; and/or
- Poor performance on the Field Sobriety Tests, which includes 1) One Leg Stand, 2) Walk and Turn, and 3) HGN (eye test).
“Probable Cause” is one of the most commonly challenged elements in the DUI process. In order to challenge “Probable Cause,” attorneys will generally negotiate with prosecutors and/or conduct Motion Hearings to exclude improper evidence. Motion Hearings are miniature trials on legal matters that are held in front of a judge with no jury. The judge must determine whether or not evidence is admissible at trial. The less evidence that can be admitted at trial, the better the client’s chances are of achieving reductions in charges or more favorable plea bargains.
The Luftman, Heck and Associates Advantage
We at Luftman, Heck and Associates provide strong, experienced legal representation for all clients facing DUI charges. We fully understand that every case is unique and manage all of our client cases around the circumstances and not the charges they are facing. Our attorneys are experienced and offer a proven track record in successfully challenging DUI charges by:
- Excluding evidence that is obtained by unlawful search and seizure
- Proving officer inexperience led to non-standard operating procedures when administering roadside tests; and
- Challenging unlawful charges brought against our clients.
Need A DUI Lawyer in California?
If you or a loved one are in need of DUI defense representation and are interested in learning more about Luftman, Heck and Associates LLP, please complete a contact form. A member of our San Diego law firm will contact you directly to discuss your case in more detail and provide additional information about our DUI legal services.
Ohio OVI/DUI Law
When is a person under the influence of alcohol or drugs?
Ohio law states that “no person shall operate any vehicle…if, at the time of the operation, any of the following apply”:
(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.
(b) The person has a concentration of eight-hundredths of one per cent or more but less than seventeen-hundredths of one per cent by weight per unit volume of alcohol in the person’s whole blood.
(c) The person has a concentration of ninety-six-thousandths of one per cent or more but less than two hundred four-thousandths of one per cent by weight per unit volume of alcohol in the person’s blood serum or plasma.
(d) The person has a concentration of eight-hundredths of one gram or more but less than seventeen-hundredths of one gram by weight of alcohol per two hundred ten liters of the person’s breath.
(e) The person has a concentration of eleven-hundredths of one gram or more but less than two hundred thirty-eight-thousandths of one gram by weight of alcohol per one hundred milliliters of the person’s urine.
(f) The person has a concentration of seventeen-hundredths of one per cent or more by weight per unit volume of alcohol in the person’s whole blood.
(g) The person has a concentration of two hundred four-thousandths of one per cent or more by weight per unit volume of alcohol in the person’s blood serum or plasma.
(h) The person has a concentration of seventeen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person’s breath.
(i) The person has a concentration of two hundred thirty-eight-thousandths of one gram or more by weight of alcohol per one hundred milliliters of the person’s urine.
(j) Except as provided in division (K), the person has a concentration of any of the following controlled substances or metabolites of a controlled substance in the person’s whole blood, blood serum or plasma, or urine that equals or exceeds any of the following:
(i) The person has a concentration of amphetamine in the person’s urine of at least five hundred nanograms of amphetamine per milliliter of the person’s urine or has a concentration of amphetamine in the person’s whole blood or blood serum or plasma of at least one hundred nanograms of amphetamine per milliliter of the person’s whole blood or blood serum or plasma.
(ii) The person has a concentration of cocaine in the person’s urine of at least one hundred fifty nanograms of cocaine per milliliter of the person’s urine or has a concentration of cocaine in the person’s whole blood or blood serum or plasma of at least fifty nanograms of cocaine per milliliter of the person’s whole blood or blood serum or plasma.
(iii) The person has a concentration of cocaine metabolite in the person’s urine of at least one hundred fifty nanograms of cocaine metabolite per milliliter of the person’s urine or has a concentration of cocaine metabolite in the person’s whole blood or blood serum or plasma of at least fifty nanograms of cocaine metabolite per milliliter of the person’s whole blood or blood serum or plasma.
(iv) The person has a concentration of heroin in the person’s urine of at least two thousand nanograms of heroin per milliliter of the person’s urine or has a concentration of heroin in the person’s whole blood or blood serum or plasma of at least fifty nanograms of heroin per milliliter of the person’s whole blood or blood serum or plasma.
(v) The person has a concentration of heroin metabolite (6-monoacetyl morphine) in the person’s urine of at least ten nanograms of heroin metabolite (6-monoacetyl morphine) per milliliter of the person’s urine or has a concentration of heroin metabolite (6-monoacetyl morphine) in the person’s whole blood or blood serum or plasma of at least ten nanograms of heroin metabolite (6-monoacetyl morphine) per milliliter of the person’s whole blood or blood serum or plasma.
(vi) The person has a concentration of L.S.D. in the person’s urine of at least twenty-five nanograms of L.S.D. per milliliter of the person’s urine or a concentration of L.S.D. in the person’s whole blood or blood serum or plasma of at least ten nanograms of L.S.D. per milliliter of the person’s whole blood or blood serum or plasma.
(vii) The person has a concentration of marijuana in the person’s urine of at least ten nanograms of marihuana per milliliter of the person’s urine or has a concentration of marijuana in the person’s whole blood or blood serum or plasma of at least two nanograms of marijuana per milliliter of the person’s whole blood or blood serum or plasma.
(K) this section does not apply to a person who operates a vehicle…while the person has a concentration of a listed controlled substance or a listed metabolite of a controlled substance in the person’s whole blood, blood serum or plasma, or urine that equals or exceeds the amount specified in that division, if both of the following apply:
(1) The person obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs.
(2) The person injected, ingested, or inhaled the controlled substance in accordance with the health professional’s directions.
Although the above rules cover a majority of activities that define the legal limits between sobriety and intoxication, you should contact one of our attorneys for additional analysis of the facts involving your case.
Ohio OVI/DUI Offenses by Statute: [ORC § 4511.19(A)(1)(a-i), § 4511.19(B) § 4511.19(A)(2)]
Under Ohio law, a specific OVI/DUI charge is based on a tier level as well as age and number of pervious OVI/DUI offenses; potential charges include:
(1) OVI Impaired (§ 4511.19 (A)(1)(a)) Operating, etc., while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse.
(2) OVI “Per Se” Offenses. Ohio has two per se “tiers” for alcohol in each bodily substance. The per se offenses are operating, etc, with a:
(A) Blood Alcohol Content (BAC whole blood) of .08 (low tier) or .170 (high tier);
(B) Blood Plasma Content (BAC blood serum) of .096 (low tier) or .204 (high tier);
(C) Breath Alcohol Content (BrAC) of .08 (low tier) or .170 (high tier);
(D) Urine Alcohol Content (UrAC) of .11 (low tier) or .237 (high tier.)
(3) OVUAC (OVI Under Age Consumption; § 4511.19 (B)) is a per se applied to those less than 21 years old who operate, etc with a .02 BAC, .03 BAC-serum, .02 BrAC, or .028 UrAC. (Can also be charged with OVI impaired and low and high tiers if applicable. An OVUAC conviction is counted as a “prior” OVI.)
(4) OVI Criminal Refusal (§ 4511.19 (A)(2) created 9-23-04.) Committing an OVI offense if person has already been convicted of OVI or OVUAC within 20 years of new offense and person refuses a chemical test after being requested to take a test and after being provided the advice contained on the Implied Consent form (this does not apply to “optional” roadside “preliminary” breath tests).
(5) Physical Control (of vehicle while impaired): Requires proof of elements of an OVI (impaired or per se) except for the element of operation (movement.) Only requires that one be “in the driver’s position…having possession of the ignition key or other ignition device.”
Potential Consequences for OVI/DUI in Ohio
OVI/DUI punishments may be based on the number of previous offenses and may include:
Administrative License Suspension (ALS)
If you are stopped for drunk driving and you refuse to take the sobriety test, or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the law enforcement official can take your driver’s license on the spot, and the suspension begins immediately. However, ALS only applies when vehicle is traveling “on a highway or any public or private property used by the public for vehicular travel or parking within this state or (being) in physical control of a vehicle.” Also, depending on previous offenses or refusals, you can have your license automatically suspended for a period of 90 days to five years; however, the ALS is independent of any jail term, fine or other criminal penalty imposed in court for a DUI offense.
ALS Appeal Process
The court must hold the administrative license suspension hearing within five days of arrest. The appeal is heard at this initial appearance if requested. The scope of appeal is confined to four issues.
Was the arrest based on reasonable grounds?
Did the officer request the person to take a test?
Was the violator made aware of the consequences if he/she refused or failed the test?
Did the person refuse or fail the test?
If court finds the person is a threat to public safety, a court may still issue a suspension even if 1-4 is proven by defendant.
In addition to ALS, OVI/DUI offenders may receive any of the following punishments based on specific circumstances and number of offenses:
First time offenders may receive:
Administrative License Suspension (ALS) for a prohibited BAC
ALS for test refusal results in one year license suspension;
Jail – Minimum of three consecutive days or 3-day driver intervention program;
Fine - Minimum $325.00 and not more than $1,000;
Court License Suspension - 6 months to 3 years
Two-time offenders may receive:
ALS for one year for a prohibited BAC;
ALS for test refusal may result in a two year license suspension;
Jail - Minimum of 10 consecutive days or five days jail + minimum 18 consecutive days of electronically monitored house arrest combined, not to exceed 6 months;
Fine - Minimum $300 and not more than $1,500;
Discretionary driver’s intervention program;
Vehicle immobilization and plates impounded for 90 days;
Court License Suspension - 1 year to 5 years
Third-time offenders may receive:
ALS for two years for a prohibited BAC;
ALS for test refusal may result in a three year license suspension;
Jail - Minimum 30 consecutive days to one year;
Alternative sentence - 15 days or Jail plus a minimum 55 consecutive days of electronically monitored house arrest combined, maximum of one year;
Fine - Minimum $500 and not more than $2,500;
Mandatory attendance in an alcohol treatment program paid for by offender;
Vehicle immobilization and plates impounded for 180 days;
Court License Suspension - 1 year to 10 years.
Four, or more time offenders, and vehicular related felons may receive:
ALS for three years for a prohibited BAC;
ALS for test refusal may result in a five years license suspension;
Jail - Minimum of 60 consecutive days and up to one year in jail;
Fine - Minimum $750 and not more than $10,000;
Mandatory drug/alcohol treatment program paid for by offender;
Vehicle Forfeiture - Mandatory criminal forfeiture of vehicle operated by offender, imposed by court;
Court License Suspension - 3 years to Permanent Revocation.
Ohio courts also distinguish between misdemeanor and felony OVI/DUI offenses and assign punishment based on the type and number of offense(s).
Misdemeanor OVI/DUIs
Unless otherwise noted herein OVI offenses are First Degree Misdemeanors. The following apply to “Low Tier” OVI “Per Se” and OVI “Impaired” misdemeanor offenses:
(1) First OVI Offense - no prior offense (within 6 years): Jail term of 3 days to 6 months; fine of $250 to $1,000; license suspension (Class 5) of 180 days to 3 years and 6 points against their license.
All OVI license suspensions include a period of “Hard Time” with no privileges; the Hard Time Suspension periods for an OVI conviction are the same time periods as a corresponding ALS Suspension. (However, the ALS and OVI cases and suspensions are separate.)
(2) Second OVI Offense - 1 prior (within 6 years): Jail term of 10 days to 6 months; fine of $350 to $1,500; license suspension (Class 4) of 1 year to 5 years, vehicle immobilized for 90 days, 6 points against license.
(3) Third OVI Offense - 2 priors (within 6 years): Jail term of 30 days to 1 year; fine of $800 to $10,000; license suspension (Class 3) of 2 years to 10 years. Vehicle is subject to forfeiture and may receive 6 points against license.
Double jail time for high tier per se and criminal refusal: Conviction of a “High Tier” Per Se offense or Criminal Refusal offense (refusal and prior OVI within 20 years), will double each of the minimum periods of incarceration specified above. Note: Criminal Refusal requires proof and conviction of the new OVI Impaired offense. High (and Low) tier per se charges and OVUAC do not require proof or conviction of “impairment.”
Conviction for most OVI offenses and some other traffic offenses require the use of “Distinctive License Plates” (currently red & yellow). A court may require them for any OVI conviction, and must require the offender to obtain distinctive plates (to grant any driving privileges) if any of the following apply: the person has any prior OVIs within 6 years or if the person has no priors but is charged with a high tier or criminal refusal.
Felony OVI/DUI
If the person has 1 prior felony, 3 prior OVI convictions w/in 6 years or 5 prior OVI convictions in 20 years an additional OVI offense is considered a felony. In Ohio, felony sentences are governed by the OVI statute as well as the general Felony Sentencing Statutes and specific Felony sentencing statutes. Because of the constant changes in these statutes the below is only a general guide to felony OVI sentences. The minimum sentence authorized by law in a given case could be much greater than shown below. Additionally, as with misdemeanors, felony minimum sentences are doubled for high tier or criminal refusal offenses.
(4) Felony 4 OVI - (Repeat Misdemeanor Offender). If a person has 3 or 4 prior misdemeanor OVI convictions within 6 years or 5 prior misdemeanor OVI convictions within in 20 years OVI is a Felony of the Fourth Degree. Although they are both F-4’s and carry the same fines, suspensions and vehicle sanctions 5 priors in 20 years carries significantly increased jail / prison time. For F-4 OVIs without the 5 in 20 activity, the following apply: The judge can either impose local incarceration (including jail, a community-based correctional facility, a halfway house, or an alternative residential facility) and/or a jail term ranging from 60 days (low tier) or 120 days (high tier or Criminal Refusal) to 1 year -OR- a prison term of 60 days (low tier) or 120 days (high tier or criminal refusal) plus an (optional) addition prison term of 6 to 30 months. Additional penalties include probation / parole with conditions, including mandatory alcohol / drug treatment; fine of $800 to $10,000; license suspension of 3 years to life.
(5) Felony 3 OVI - (RFO) Repeat Felony Offender: Any new OVI with a prior Felony OVI Conviction is a Felony 3. Where there is a prior Felony and a total of 4 other prior felony or misdemeanor convictions OVI is an F-3 but the 5 within 20 spec applies to the jail / prison time. Low Tier, High Tier and Criminal Refusal distinctions apply.
An F-3 OVI carries a mandatory prison term of 60 days (Low Tier) or 120 days (High Tier or Crim Refusal) up to 5 years in prison. Additional penalties include post release control (probation / parole) with conditions, including mandatory alcohol / drug treatment; fine of $800 - $10,000, license suspension (Class 2) 3 years to life. Vehicle subject to forfeiture and may receive 6 points against license.
Ohio Chemical Test Laws and Blood-Drawing Statute
When stopped under a suspicion of OVI/DUI, law enforcement officials may test a driver for their influence under alcohol or a controlled substance under the following:
“A chemical test must be performed in accordance with methods approved by the Director of Health and by a person possessing a valid permit to do so, issued by the Director of Health. Sample must be taken within 3 hours of driving to be admitted in per se case or admitted without an expert.”
Upon request, the “results” of the test must be made available to person who was tested or attorney immediately upon completion of test. Under Ohio law, only a physician, registered nurse, or a qualified technician or chemist may withdraw blood for purposes of police testing. Additionally, the person tested may have a physician or other qualified person of his or her own choosing administer a chemical test in addition to the police test. But this is a right that has not been generally enforced as the failure or inability to obtain such an additional test does not preclude the admission of the police test and the officer’s failure to advise suspect of right to an independent test does not preclude admission of the police test.
How can Luftman, Heck and Associates Help?
Whatever the OVI/DUI charges you face, our attorneys are committed to providing strong representation to protect your rights. From the ALS hearing to the criminal court prosecution, we will ensure that you are provided a fair and just review of your case and preserve and raise all valid defenses.
Traffic Offenses
Although receiving a traffic ticket may not immediately cause you seek legal representation, the situation may require more attention that you believe. Simply paying a traffic ticket does not end the matter as you may still receive points against your driving record, which may result in the suspension or revocation of your drivers’ license or an increase in your insurance costs. Some insurance laws permit insurance companies to increase your premiums up to fifty percent depending on the number of violations committed. As such, a few simple traffic violations may result in a long-term increase in the cost of your insurance.
Attorneys at Luftman, Heck & Associates represent clients in a variety of traffic offense situations. You have the right to challenge the validity of a traffic ticket. By examining factors like the accuracy of radar detector readings and the officer’s report, we will thoroughly analyze each part of the case against you. If you received a traffic ticket, you need a traffic violation and speeding ticket attorney to stand up for your rights. Our attorneys represent our clients throughout entire case and court process, from arraignment through trial (if necessary). We represent clients in traffic cases, including:
- Driving Under Suspension
- No Operators License
- Failure to Reinstate License
- Speeding tickets
- Reckless driving
- Failure to stop
- Failure to yield
- Illegal turn; and all other moving traffic violations
Working with our clients, we will determine the best course of action to pursue in efforts to eliminate or reduce potential jail time (in certain offenses), points on your license and increased insurance costs. We are committed to protecting our clients driving privileges against suspension and revocation and will counsel our clients on the necessary procedures to reclaim their valid license when taken away, determining whether they are eligible for limited driving privileges and if so, the best course of action to take in requesting full or limited driving privileges from the court.
Criminal Sexual Conduct in California
Due to serious social and political pressures, prosecutors aggressively pursue criminal sexual conduct charges in California. In fact, the legislature has enacted various laws and regulations specifically designed to provide greater protection for victims of criminal sexual conduct and to increase conviction rates for those accused of such crimes.
We at Luftman, Heck and Associates represent clients facing all types of criminal sexual conduct charges. Our goal is to make certain that our clients receive personalized representation at every stage of the criminal justice system and the best outcome possible in each individual situation.
Examples of criminal sexual conduct charges we represent include:
- Rape
- Statutory Rape
- Child Rape
- Solicitation
- Indecent Exposure
- Lewd Acts
- Sex crimes against children
- Computer crimes
Penalties for criminal sexual conduct charges are very fact specific to each case and depend upon many factors including the type of act conducted, the age of the victim involved, affiliation with the victim prior to the charge, etc.
The Luftman, Heck and Associates Advantage
Our criminal defense attorneys in California offer the experience you need and the attention that you deserve. We strive to protect your best interests throughout the entire criminal process – from the initial filing of charges through sentencing . Luftman, Heck and Associates will provide you with a strong defense, regardless of the charge.
Some examples of affirmative defenses and common evidentiary issues include:
- Improper arrest and/or prosecution;
- Factual innocence, which involves false allegations being made against you;
- Insufficient evidence;
- Entrapment;
- Mistaken identity – traumatized victims can misidentify suspects
If you or a loved one are in need of criminal defense representation and are interested in learning more about Luftman, Heck and Associates LLP, please fill out a contact form. A member of our San Diego law firm will contact you directly to discuss your case in more detail and provide additional information about our criminal defense services.
Assault and Domestic Violence Law in Ohio
Assault and Domestic Violence are two related crimes that usually occur at the same time, resulting in two separate charges filed against an individual. An assault involves the act of threatening to injure another person, and domestic violence specifically refers to the relationship between the involved parties.
Assault in the State of Ohio
In the state of Ohio, "assault" is defined as the following:
- (A) No person shall knowingly cause or attempt to cause physical harm to another or to another’s unborn.
- (B) No person shall recklessly cause serious physical harm to another or to another’s unborn.
- (C) Whoever violates this section is guilty of assault.
Domestic Violence in the State of Ohio
In the state of Ohio, "domestic violence" is defined as the following:
- (A) No person shall knowingly cause or attempt to cause physical harm to a family or household member.
- (B) No person shall recklessly cause serious physical harm to a family or household member.
- (C) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.
- (D) Whoever violates this section is guilty of domestic violence.
Penalties for Assault and Domestic Violence in the State of Ohio
Both assault and domestic violence charges are considered very serious offenses in Ohio. Harsh penalties such as imprisonment, large fines, probation, and court ordered counseling and/or anger management are examples of penalties one will face with a guilty finding for Assault and Domestic Violence. As with many criminal charges that end in a guilty finding, one may also experience difficulty obtaining employment with a record that includes assault and domestic violence charges.
The Luftman, Heck and Associates Advantage
We at Luftman, Heck and Associates ensure that you will receive the fair trial that you deserve. We make certain that the entire process – from when charges are filed to how final outcomes are delivered – is done legally and adheres to your constitutional rights. We also understand the complexity of assault and domestic violence laws. There are a number of people falsely accused of domestic violence or assault, and fully explore all of the circumstances when we take on a new client. There are also viable defenses we consider in our cases, including:
- Consent - When an alleged victim “consented” to the potential harm, such as a sports competition.
- Acting to Prevent a Crime - In certain situations, the use of violence or force is permitted to prevent the occurrence of a crime.
- Self Defense, Defense of Property, or Defense of Another - In certain situations, force may legally be used to prevent physical harm to oneself, another person, or to prevent the harming or taking of an individual’s property.
Need Representation?
If you or a loved one are in need of assault or criminal defense representation and are interested in learning more about Luftman, Heck and Associates LLP, please complete a contact form. A member of our law firm will contact you directly to discuss your case in more detail and provide additional information about our assault and domestic violence defense services in Ohio.
Weapons Charges in California
Weapons charges are a serious offense in the state of California, as the majority of weapons charges are felonies. The determination of whether a weapons charge is considered a felony or misdemeanor depends on the kind of weapon the defendant is in possession of upon arrest, intent with the weapon, and prior criminal offenses.
Weapons Charges in California
There are a number of weapons charges in California, including:
- Carrying a concealed weapon
- Improper handling of a firearm in a motor vehicle
- Aggravated assault with a deadly weapon
- Possession of a weapon by a convicted felon
- Firing or shooting an object into an occupied building
- Selling a firearm
- Possession of an assault weapon
It is important to note that the definition of a weapon is wide ranging. For example, an individual can be charged for improper use of knives or carrying brass knuckles.
Penalties for Weapons Charges in California
Misdemeanor Charges - Misdemeanor weapons charges can carry a penalty of a up to one year in jail. A fine of up to $1,000 can also be served with or instead of jail time for a weapons charge guilty finding.
Felony Charges - Felony weapons charges often result in a penalty of prison time. An individual could receive the penalty of jail time from one year up to 20 years in the state of California. The type of offense, prior criminal record and circumstances surround the arrest are factored into the length of time an individual is required to serve time.
The Luftman, Heck and Associates Advantage
A guilty finding for a weapons charge can impact an individual for the rest of their life when going for employment or a place of residence. There are also many viable defenses for a weapons charge we take into consideration for you as a client, including:
- Improper search and seizure of weapons
- Weapon usage in self-defense circumstances;
- Accidental firing of a weapon; and
- Non-ownership of a weapon in possession.
We at Luftman, Heck and Associates offer the experience you need and the attention that you deserve. We strive to protect your best interests throughout the entire criminal process – from the initial filing of charges through sentencing. Our criminal defense attorneys in California will provide you with a strong defense, regardless of the charge.
Contact Us Today
If you or a loved one are in need of criminal defense representation and are interested in learning more about Luftman, Heck and Associates LLP, please fill out a contact form. A member of our San Diego law firm will contact you directly to discuss your case in more detail and provide additional information about our criminal defense services.
Drug Offenses in California
Some of the strictest drug laws in the nation are in the state of California. The sentences given for a guilty finding depend greatly on the circumstances and the charge. For drug charges in the state of California, there is also the option for alternative sentencing.
Charges for Drug Offenses in California
- Drug Possession - Misdemeanor
According to California laws, possession of Marijuana or drug related items and being under the influence of drugs are Drug Possession – Misdemeanor charges. To be found guilty, prosecutors in the case must prove an individual was in control of the drug at the time of the arrest.
- Drug Possession – Felony
Possession of any drugs outside of Marijuana will often result in a Felony charge in California. Drug related items, regardless of the nature of them, are generally charged as misdemeanor offenses.. As with Drug Possession – Misdemeanor charges, the prosecutors in the case need to prove an individual was in control of the drug cited for at the time of the arrest.
- Drug Possession with the Intention to Sell
Charges for drug possession with the intention to sell can be made for all drugs, including Marijuana, and is a felony charge. In a charge of this nature, prosecutors can legally use wiretapped conversation, items that are typically affiliated with the drug sales process and testimony from witnesses who report suspicious and an abundance of activity occurring in your home.
- Drug Trafficking
An individual can be charged in the state of California with a drug trafficking charge even if he/she is not directly transporting the drugs. If an individual is helping with the sale of drugs or purchasing drugs, one can be charged with a felony charge of conspiracy or aiding and abetting.
- Developing / Making Drugs
An individual will receive a felony charge for the development of drugs in any way. Using a methamphetamine laboratory to develop drugs, and even growing marijuana, will often result in a felony charge.
Luftman, Heck & Associates believes that the community deserves quality representation and support, regardless of an economically challenging environment. We seek to help individuals in low-income households rise above the hard times in their lives and create a powerful new beginning.
