R. Shane Herzner

Education

• 2001 J.D., University of Dayton School of Law
• 1998 B.A., Miami University

Admitted

• Ohio

Memberships & Affiliations

• Greater Cincinnati Criminal Defense Lawyer Association
• Cincinnati Bar Association
• Ohio Academy of Criminal Defense Lawyers

Classes / Seminars Taught

• OVI/DUI Law, Wellness Group Certified Driver Intervention Program

Client Resources

1. Client Questionnaire

Fill out to the best of your ability. Once it is complete, contact our office to schedule a follow-up appointment: (619) 400-4901

2. IRS Form 4506T (Request for Transcript of Tax Return).

Request transcripts by calling 1-800-829-1040, or order by mail using above website.
“We do not charge a fee for transcripts. Allow two weeks for delivery.” – IRS

3. NADA - Link to obtain value of vehicle.
4. Median Income Statistics - Link to view the statistics for Median Income in order to pass the Means Test.

5. Bankruptcy Checklist (Must receive all applicable documents prior to filing):

   • Paycheck Stubs from the previous 6 months
   • Tax Returns from the previous 4 years (2005-2008)
   • Bank Statements from the previous 4 months
   • Recorded Deed and Mortgage for any Real Property
   • Summaries of Pensions, IRA’s, 401(k) Statements, etc.
   • Summaries of Life Insurance/Home-owner’s Insurance
   • Car Title and Car Insurance Policy
   • Summaries of stocks, accounts, CD’s, etc.
   • Copies of Driver’s License and Social Security Card
   • Copies of all credit card bills, medical bills, collection notices, utility bills, etc.

Client Resources

1. Client Questionnaire

Fill out to the best of your ability. Once it is complete, contact our office to schedule a follow-up appointment: (614) 224-1500 x3634

2. IRS Form 4506T (Request for Transcript of Tax Return).

Request transcripts by calling 1-800-829-1040, or order by mail using above website.
“We do not charge a fee for transcripts. Allow two weeks for delivery.” – IRS

3. LANDACCESS

   Link to obtain recorded deeds and mortgages for property. Our office can pull Franklin County recorded documents from another source (can not obtain Franklin County documents from LandAccess).

4. NADA - Link to obtain value of vehicle.
5. Median Income Statistics - Link to view the statistics for Median Income in order to pass the Means Test.

6. Bankruptcy Checklist (Must receive all applicable documents prior to filing):

   • Paycheck Stubs from the previous 6 months
   • Tax Returns from the previous 4 years (2005-2008)
   • Bank Statements from the previous 4 months
   • Recorded Deed and Mortgage for any Real Property
   • Summaries of Pensions, IRA’s, 401(k) Statements, etc.
   • Summaries of Life Insurance/Home-owner’s Insurance
   • Car Title and Car Insurance Policy
   • Summaries of stocks, accounts, CD’s, 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 Clients: Appraisal Report: JS & Associates: Go to

Criminal Defense

If you need the advice of an experienced criminal defense attorney, Contact the Luftman, Heck & Associates Law Firm to receive an evaluation of the best way to resolve all types of state and federal charges. We aggressively represent all matters, from speeding tickets to more serious crimes. Whether you require assistance negotiating a reduced charge or defending at trial before a jury, our attorneys will fight hard to defend your rights in all matters.

Our services include, but are not limited to, providing legal representation to individuals charged with the following crimes:

• Breaking and Entering
• Criminal Sexual Conduct
• Drug Offenses
• Aggravated Vehicular Homicide, Vehicular Homicide and Vehicular Manslaughter
• Drunk Driving / DUI
• 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
• Additional Misdemeanors and Felonies
• Theft
• Passing Bad Checks
• Disorderly Conduct
• Underage Alcohol Consumption/Possession

Although our attorneys are happy to evaluate your case and are experienced in representing clients charged with all types of crimes, we often represent clients charged with Drug Offenses, Weapon Offenses, Assault, Domestic Violence and Criminal Sexual Conduct. As such, please read below for additional information on these common crimes.

Traffic Offenses

You get stopped for failure to yield. You pay the $100 ticket and forget about it. Two months later, you have a minor fender-bender that is your fault. You again pay the fine, settle with the insurance company and forget about it. However, your insurance rates will increase.

Even though you paid your fines, you could still lose your license if you receive several tickets within a certain period of time. To be considered a negligent driver, according to the California Department of Motor Vehicles your point counts are:

• Four points in 12 months
• Six points in 24 months
• 8 points in 36 months

Points can add up fast. One point violations include a traffic conviction or an at-fault accident. You will get two points on your license if you are convicted of reckless driving or hit and run; DUI and driving with a suspended or revoked license.

These are not the kinds of points you want to receive in life. Call Luftman, Heck and Associates if you have a question about a traffic ticket you have received. We have represented clients with all types of cases including, but not limited to:

• Driving with a suspended or revoked license
• Reckless driving
• Speeding
• Failure to stop at a stop sign or traffic light
• Failure to yield
• Illegal turn

Our associates are with you from bail to the final disposition of your case. We look at all the evidence from the arrest video, the speed detection equipment and the police reports. Our job is to save you from higher insurance costs, points on your license and the possible suspension of your driving privileges.

Assault and Domestic Violence

Under California law, assault is an unlawful attempt to commit a violent injury on another. Simple assault is a misdemeanor under California law. California aggravated assault involves a deadly weapon such as a knife or gun.  Most of the time, the assault occurs between people who know each other.

Domestic violence is a separate charge involving the abuse of someone who lives with the offender. The victim could be a wife, husband, child or parent. Domestic violence is one of the most painful assaults because of the emotional impact of being abused by someone you love.

Penalties for Assault and domestic violence

Simple assault is a misdemeanor and usually does not result in prison time. Sentences may include up to six months in the county jail; a probation of up to three years, community service and up to a $1,000 fine. While on probation, the offender may be required to complete counseling.

Aggravated assault is a serious felony and penalties can range from two to 12 years in prison, lengthy probation and up to $10,000 in fines. The offender may be required to pay restitution to the victim. The sentenced is determined by several factors including the weapon used, the criminal history of the offender and the injuries of the victim.

Most first time offenders only receive probation, fines and are ordered to attend some type of counseling (anger management, domestic violence, etc…). However, if the assault was so serious that it was charged as a felony, the offender could spend several years in prison.

The attorneys at Luftman, Heck and Associates understand the complexity of assault and domestic violence laws. You have a defense if you were:

 
• Defending yourself or your property. Someone tries to break into your home and you hit them with a baseball bat. This is considered self-defense.
• Trying to stop a crime. For example, you see a man walking into a convenience store with a gun and you assault him to stop him from robbing the store.

Many people are falsely accused of domestic violence or assault. Let us help you get the charges dismissed and keep a conviction off your record.

 

Drug Offenses

Our attorney’s provide unsurpassed defense for all drug crimes, including manufacture and cultivation, possession for personal use, possession for sale, transportation and distribution. Our criminal defense lawyers also represent clients in all drug-related offenses, including violent crimes or racketeering charges, smuggling, or interstate transport of drugs.

As a result of both state and federal law enforcement agencies declaring a “War on Drugs,” Ohio law has mandatory prison terms for many serious drug offenses and prosecutors are seeking increased punishment for those charged with drug crimes. As such, individuals charged with a drug related crime face the possibility of substantial jail time and/or extreme financial penalties.

However, Courts do also find that police violate citizens’ constitutional rights by conducting illegal searches and seizures and by illegally obtaining confessions. As such, it is important to retain an aggressive attorney to represent you against criminal charges. Often times, the outcome of criminal cases may depend on the defense being able to demonstrate the illegal conduct of police or a violation of your legal rights. This may result in preventing introduction of incriminating evidence that was seized illegally. Our attorneys have the experience to handle major narcotic cases and lesser drug charges as well. We are experienced in representing clients in Ohio courts and in defending clients on drug charges ranging from the smallest amount of marijuana to a complex DEA wiretap investigation. We aggressively challenge:

• 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)
• Findings of canine searches (drug-sniffing dogs)

No matter the size of the case, our clients benefit from our experience in all types of drug cases.

What Is Bankruptcy?

Bankruptcy is the term often associated with situations of financial hardship, it is also a valuable tool, which can be used 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 familiar with preparing an individualized plan that best meets your needs. 

The two most common types of bankruptcies involve a person’s assets to undergo: 1) liquidation (Chapter 7), or 2) “reorganization” (Chapter 13). Chapter 7 bankruptcies require a debtor to request that the bankruptcy court discharge his or her debts. Distinguishably, a Chapter 13 bankruptcy involves the debtor preparing a repayment plan detailing how and when the debt will be repaid. Although some debts must be repaid in full, there are exceptions which require only partial repayment or will relieve the debt altogether. The entire bankruptcy process occurs under the guidance and jurisdiction of the Federal Bankruptcy court, which has exclusive jurisdiction and expertise in bankruptcies. Upon the initial filing of a bankruptcy, the court will issue an order called an “automatic stay,” which stops most creditors from pursuing collections.

During the automatic stay period, the court will often freeze certain debts, including:

• Repossession. The “automatic stay” will temporarily prevent an auto loan creditor from repossessing your vehicle.  A debtor may still retain possession of their vehicle if they “redeem it.”  However, filing a Chapter 7 bankruptcy will not result in a return of a vehicle after repossession has already occurred. 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. A Chapter 7 will only temporarily stop a foreclosure. A Chapter 13 bankruptcy may be a better option in this case since such often allows a debtor to keep his or her house.
• Wage garnishments. The filing of bankruptcy may stop wage garnishments.
• Evictions. Although a landlord may proceed with an eviction, particularly if a judgment has been made against you, the stay may delay the eviction by a week or so. However, occurrences of such as property destruction may prevent the court from delaying an eviction.

Although the bankruptcy court has the authority to discharge debts, there are certain debts which cannot be discharged and a debtor will continue to be liable for them. These non-dischargeable debts include: unpaid child support, alimony, and tax debts. Additionally, a bankruptcy court may not discharge student loans guaranteed by the government unless a debtor can show that repayment would be an undue burden. Private student loans are dischargeable.

Weapons Charges

At Luftman, Heck & Associates we represent clients 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
• 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.

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)

By the time creditors are calling to collect from you, it is likely you are unable to afford the payments due; however, that does not mean you are forced to endure additional stress from late night calls and excessive notices. There are federal and state laws which provide consumers protection from malicious and unfair debt collection practices. Our attorneys will investigate claims against debt collectors whose activities violate FDCPA laws.

We are able and willing to evaluate any situations in which you believe your rights as a consumer have been violated.

Federal Debt Collection Practices Act Violations

The Federal Debt Collection Practices Act (FDCPA) provides protection from a variety of abusive, deceptive, and unfair debt collection practices by debt collectors. Abusive and harassing debt collection actions negatively impact the number of personal bankruptcies, marital financial issues, loss of employment, and invading the privacy of individuals. To afford consumers with protection from the seemingly endless debt collection attempts certain creditors will make, Federal laws prohibit certain forms of debt collection methods. The attorney’s at Luftman, Heck & Associates are committed to representing our clients in claims against a debt collector who violates the FDCPA by:

• Calling you at a location known to be inconvenient (i.e. at your place of employment), or during inappropriate hours (generally between 9:00pm and 8:00am)
• Continuing to call you after being informed that you have legal representation
• Continued communication attempts by a creditor after being informed that you are 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
• Excessively calling you 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 your property
• Attempting to collect a debt via a postcard
• Acquiring your location information from another person, while stating that you owe a debt in order to learn of your location.
• 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 is the case in many legal claims, there may be a limit on the amount of time you have to file a claim for FDCPA violations. Please contact one of our attorneys if you have experienced any of these debt collection practices, or any others which appear seemingly unfair. We are happy to assist you in determining whether you are entitled to protection under the FDCPA.

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 there 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.

Debt Settlement

An alternative to bankruptcy, debt settlement may offer you a fast, efficient way to deal with your financial issues, including difficulty in making credit card payments on accounts with a continuously increasing interest rate. Although relatively unknown, debt settlement is an effective alternative to filing bankruptcy.  The attorneys at Luftman, Heck & Associates are committed to assisting our clients in each stage of the debt settlement process and in helping eliminate their consumer debt.

Debt settlement is not the same as debt consolidation.

Debt consolidation programs provide loans to the debtor in order to pay off existing debts while a high interest rate and fees are often charged on the loan. In some cases, the debtor may even be required to pay interest to the new creditor, and as a result, the principal debt balance remains equal. Debt settlement, on the contrary, involves a creditor negotiation process through which an agreement is reached and the debt is eliminated or a certain fixed amount to be repaid is established.

The debt settlement process

Our firm will assist you in establishing a reasonable monthly savings plan that fits your budget based on your total amount of your debt. Additionally, we will negotiate a settlement amount with your creditors, often a fraction of the original full loan amount. Based on the plan agreed to with your creditor(s), you will save enough money to settle your debt, which will be cleared upon full payment. A debt settlement program does not show up on your credit report, however, anytime you fail to pay a creditor, there will be negative marks placed on your credit report to reflect the late or non-payment. Once your debts are settled, your account will show the debts as being settled, putting you in route to rehabilitate and re-establish your credit, remove any errors from your credit report and begin to move toward financial freedom.

Contact one of our attorneys to discuss which debt settlement process works best for you.

Criminal Sexual Conduct

If you need the advice of an experienced criminal defense attorney, Contact the Luftman, Heck & Associates Law Firm to receive an evaluation of the best way to resolve all types of state and federal charges. We aggressively represent all matters, from speeding tickets to more serious crimes. Whether you require assistance negotiating a reduced charge or defending at trial before a jury, our attorneys will fight hard to defend your rights in all matters.

Our services include, but are not limited to, providing legal representation to individuals charged with the following crimes:

• Breaking and Entering
• Criminal Sexual Conduct
• Drug Offenses
• Aggravated Vehicular Homicide, Vehicular Homicide and Vehicular Manslaughter
• Drunk Driving / DUI
• 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
• Additional Misdemeanors and Felonies
• Theft
• Passing Bad Checks
• Disorderly Conduct
• Underage Alcohol Consumption/Possession

Although our attorneys are happy to evaluate your case and are experienced in representing clients charged with all types of crimes, we often represent clients charged with Drug Offenses, Weapon Offenses, Assault, Domestic Violence and Criminal Sexual Conduct. As such, please read below for additional information on these common crimes.

Consumer Law

Luftman, Heck & Associates is 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). As United States citizens, American consumers are afforded rights which protect them against malicious business practices. Our attorneys handle matters which arise as a result of these various consumer protection laws. There are many state and federal laws which provide remedies for consumers in situations where they may have been taken advantage of or treated unfairly. Our attorneys have experience in representing clients in the areas of consumer protection, unfair and deceptive trade practices, abuse of the elderly, damage to credit history or reputation, violation of the Fair Debt Collections Practices Act, Lemon Laws/ Automobile and RV warranty claims and arbitration, and business/corporate compliance with such laws.

In general, Ohio laws aggressively protect consumers who are harmed by unfair or deceptive business practices. Even though a case may seem too small to file a lawsuit, after attorney review, a claim may be pursued as many consumer laws require a company to pay an injured consumer triple damages, plus attorney’s fees and costs, if they are found to be involved in unfair or deceptive business practices. In addition, your 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, which will prevent further harm to Ohio residents. Although Ohio offers a large array of consumer laws to protect buyers in many situations, some of the most common laws protect against physical and financial injuries involving:

• Automobiles
• Collections/Credit Reporting
• Household Services/Improvements
• Telecommunications
• Professional Services
• Shopping/Apparel/Accessories
• Health & Beauty Services
• Financial Services
• Residential Mortgages
• Computers & Internet

Under most Ohio consumer laws a consumer has the right to cancel a sale (within a specific period of time), receive a monetary refund and/or receive financial compensation for time and trouble experienced.
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

What is Chapter 7 Bankruptcy?

Unlike a Chapter 13 bankruptcy, 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. Generally, a debtor filing for Chapter 7 bankruptcy has no disposable income by which their debts may be repaid and, although Chapter 7 may sound like a better option since it essentially dissolves debt and requires no repayment, it does require the liquidation of all of the debtor’s non-exempt property, the proceeds of which will be distributed among the creditors.

What is the Chapter 7 bankruptcy process and when is it the best option?

Generally, Chapter 7 is the most common type of bankruptcy and is often the quickest. The Chapter 7 bankruptcy process takes about four to six months, costs $299.00 in filing and administrative fees and often requires that the debtor make only one appearance in court. In addition, the debtor must complete two credit counseling classes, both before and after filing bankruptcy, to educate themselves about how future bankruptcies may be avoided. To manage this process, the bankruptcy court will appoint a trustee who 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. Generally, most debtors retain ownership of their assets after discharge of their debts provided that there is no equity in their assets which can be liquidated by the Trustee. The bankruptcy court will appoint a trustee who will collect the debtor’s non-exempt assets, sell them and distribute the proceeds to the creditors.

The limits to filing for Chapter 7 Bankruptcy?

Generally, a person who has filed a Chapter 7 discharge or completed a Chapter 13 repayment plan in the previous eight years, 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 bankruptcy if their disposable income, less certain permitted expenses, would allow them to repay a portion of their unsecured debt over a five-year repayment period.

How Can Luftman, Heck & Associates Help You File For Chapter 7 Bankruptcy?

If it is determined that Chapter 7 bankruptcy is the best option for you, the attorney’s at Luftman, Heck & Associates are ready to assist you in preparing and filing the required Chapter 7 forms. Although the process may appear intimidating, our staff will walk you through the process and preparing 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
• Property owned and monies spent during the previous two years
• Assets sold or given away during the previous two years

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. This is the debtor’s only visit to the courthouse in the majority of Chapter 7 bankruptcies. Our attorneys will be there each step of the way to inform and represent you during this meeting. If, following the creditors meeting, 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.
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. However, 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 has recorded a lien against property because of an unpaid debt, that debt is also secured; however, 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.

Let us help

Although the bankruptcy process may seem intimidating, complicated and overwhelming, we are dedicated to providing you support and guidance throughout the entire process. Our efficient, straightforward approach to working with you and your creditors to achieve a reasonable repayment plan or prepare the appropriate forms and filings will help you avoid the undue stress and confusion of this intimidating situation.

What Is Chapter 13 Bankruptcy?

A person filing for bankruptcy under Chapter 13 is seeking the opportunity to repay some of, or all, their outstanding debts, sometimes 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 bankruptcy 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 has five years in which creditors must be repaid. In a Chapter 13 bankruptcy, a debtor is allowed to keep all his or her property while creditor payments are made under the terms of the court approved repayment plan. In preparing a plan, the court will work with all parties to establish details of repayment terms, including the amount of the payments and the dates they will be made. By law, the repayment must begin within thirty days after the filing. Debtors make their payments to the Chapter 13 Trustee after which the Trustee will make payments to their creditors. There are several advantages to Chapter 13 over a Chapter 7.  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 (ie. Child support, spousal support). 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 bankruptcy 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, debtor’s counsel prepares a written plan which details the terms of repayment, including the amount of the payments and the date(s) they are to be made. The plan must be approved by the Trustee and Court before taking effect. The repayment must begin within thirty days following the opening of the case. The debtor will start making direct payments to the Trustee.  However, the Chapter 13 will eventually require payments 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.  Then, mortgage arrears and priority debts such as tax debt and domestic support arrears are paid.  Unsecured creditors are “last in line” for 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.

Who Can File For Chapter 13 Bankruptcy?

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.

Businesses Can’t File for Chapter 13 Bankruptcy

Businesses, even sole proprietorships, are not eligible to file for Chapter 13 bankruptcy in the name of the business (they are diverted to Chapter 11 bankruptcy) when in need of help reorganizing their debts. A business owner, however, can file for Chapter 13 bankruptcy as an individual and can include in the Chapter 13 bankruptcy case business-related debts for which he/she is personally liable. However, there is one exception to this rule; Stockbrokers and commodity brokers may not file a Chapter 13 bankruptcy case, even if they want to discharge only personal or non-business debts.

You must have sufficient disposable income

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 (such as a car loan or mortgage), to meet your repayment obligations. Your plan must pay back certain debts in full, or the judge will not approve it. Federal bankruptcy laws detail sources from which a Chapter 13 plan may be funded; these include:

• 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

Person with secured debts exceeding approximately $1,010,650 are not eligible to file Chapter 13 bankruptcy. Secured debt also includes those items a person will lose if payments to the creditor are not made; this includes 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.

Debtor Must Be Current on Income Tax Filings

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. However, the court will dismiss the case if the returns, or proof of the returns, are unable to be produced.

How Can Luftman, Heck & Associates Help You File For Chapter 13 Bankruptcy?

The attorneys at Luftman, Heck & Associates will assist you in understanding the entire bankruptcy process, 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; most importantly, 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

Michelle L. Pierro

Education

• 2007 J.D., Thomas M. Cooley Law School
• 2003 B.S., Capital University

Admitted

• 2008 Ohio

Memberships & Affiliations

• Ohio State Bar Association
• Phi Alpha Delta Legal Fraternity

Daniel J. Sabol

Professional Affiliations

• Ohio State Bar Association
• Columbus Bar Association
• The Ohio Academy of Criminal Defense Lawyers

Admissions

• 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

• Speaker at the 2009 OACDL Advanced DUI Seminar
• OVI/DUI Law, Dublin Counseling Center Certified Driver Intervention Program
• OVI/DUI Law, Wellness Group Certified Driver Intervention Program
• Defending Clients Charged with OVI Seminar, Muskingum County Bar Association

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

Under California law, driving under the influence is a misdemeanor in most cases. If you are pulled over and accused of DUI, you will likely face two charges form Vehicle Code 23152:

• 23152(a) Is a misdemeanor to drive under the influence of alcohol and/or drugs.
• 23152(b) Is a misdemeanor to drive with .08% or more of alcohol in your blood.

You will be charged with felony DUI if someone was hurt while you were driving drunk.

Penalties

The penalty is a different case and depends on circumstances, called ‘enhancements’ in California law. Those enhancements include:

• A prior criminal conviction within ten years
• Driving 20 mph over the speed limit while intoxicated
• Having a child under the age of 14 in the car
• A blood alcohol level over .15%
• Refusing to take a blood or urine test

California has stiff penalties even for first time DUI offenders with no enhancements. Your license can be restricted for 90 days and you will be expected to take a DUI class. You will be on probation for up to three years and could serve four to six days in jail. If it is your second or third DUI, you could spend more time in the county jail and have an ignition interlock device installed on your vehicle.

Your DUI Defense

Luftman, Heck and Associates will vigorously represent you if you are arrested for DUI. Call us today to discuss your case.

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.

• Read More About the Firm ›

Business Services

The attorneys at Luftman, Heck & Associates are experienced in providing their clients with a full range of business law services. Whether you are in the early stages of developing a new business or an established entrepreneur or company, our legal staff is committed to providing a full range of support throughout the business life cycle, from inception to dissolution. As such, our firm works closely with clients in providing comprehensive support in the following business service areas:

Business Organizations

This includes support in determining the most beneficial structure in which to organize your business (i.e. sole proprietorship, partnership, corporation, etc.). As each format has unique characteristics, our attorneys will help explain the advantages and disadvantages of available options to maximize your business’ potential.  Additionally, our staff offers extensive services in preparing required start-up documents and state-required filings.

Business Transactions

Once your business is up and running, properly managing the day to day operations is essential. To assist you, our attorneys provide support in conducting all types of business transactions from purchase and sales agreements to commercial litigation and dispute resolutions. 

Corporate Compliance

The legal responsibilities of corporations can be complex and intimidating. As such, our attorneys are committed to providing all sizes of corporate clients with support in the development and implementation of internal corporate compliance programs and risk avoidance measures. We work closely with each client to prepare custom programs that best meet their needs.

Whatever your business service need may be, the attorneys at Luftman, Heck & Associates are dedicated working with you to achieve the best result.

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

Bryan C. Barch

Practice Areas

Bankruptcy(75%); Family Law(25%)

Education

Capital University, J.D., 2002, Ohio State University, B.A., 1995

Admitted

2003, Ohio

Memberships

Columbus Bar Association.

Born

Ashville, Ohio, September 24, 1972

Biography

Dean, Delta Theta Phi, 2001-2002. Dean’s List. Member, Law Review. President, 2005-2006, and Past President, 2006—, Board of Trustees Youth Advocates Services.

ISLN

919827057

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 Transactions

The attorneys at Luftman, Heck & Associates work on a one-on-one basis with businesses to offer solutions to complex issues facing today’s economy and provides extensive support in preparing the proper documentation for various transactional needs, which can include anything from basic sale contract drafting, service contract drafting, and non-compete agreements to complex sale of existing businesses, or corporate buyouts.

We offer business transaction services for business, which 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

We represent and provide legal services to corporations, limited liability companies, partnerships and joint ventures in all stages of their development.

Corporate Compliance

Many publicly held companies have prepared internal compliance programs for risk avoidance purposes. As such, smaller, 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 as such will ensure risks are avoided and/or conflicts are minimized. Generally, a business compliance plan may include:

• 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. 
• Consistently enforcing the program via incentives and disciplinary measures
• Immediate response to discovering criminal conduct

Luftman, Heck & Associates will work closely with your business to prepare a customized compliance program to assist in maintaining high corporate standards and deterring compliance violations at all levels of your company.

Scott C. Florin

After spending his first years at Luftman, Heck & Associates as an associate attorney practicing in the areas of Bankruptcy, General Civil litigation, and Criminal Law, Scott Florin has since devoted his practice almost exclusively to Consumer Law and the protection of consumers’ rights.

A majority of Scott Florin’s practice revolves around the litigation of violations of the Fair Debt Collection Practices Act based on harassing telephone calls by debt collectors, threats of lawsuits or garnishment, and consumer contacts in violation of a notice to cease and desist communication or with a represented consumer. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.

Scott Florin takes pride in maintaining a personal attorney-client interaction throughout the entire litigation process and takes the time to interview and understand each client’s individual needs. Please feel free to contact Scott Florin for a free consultation concerning potential claims involving harassment or other inappropriate actions by a debt collector.

Professional Affiliations

• Ohio State Bar Association
• National Association of Consumer Advocates
• Columbus Bar Association

Admissions

• Ohio
• U.S. District Court, Northern District of Ohio
• U.S. District Court, Southern District of Ohio
• U.S. District Court, Northern District of Ohio, Bankruptcy
• U.S. District Court, Southern District of Ohio, Bankruptcy

Education

• 2005 J.D., Capital University Law School
• 2002 B.S., Old Dominion University

David B. Schultz

Attorney David Schultz has many ties to the local community. He was born and raised in Westerville, Ohio. David graduated from Westerville North High School in 1996 where he played soccer and volleyball. David went on to attend Baldwin-Wallace College in Berea, Ohio. While at Baldwin-Wallace College, David was very active in his Fraternity, Sigma Phi Epsilon, and was chapter president from 1999 to 2000. David graduated from Baldwin-Wallace College in 2000 with a major in Criminal Justice and minors in Political Science, Sociology, and Psychology. David then attended Capital University Law School. While at Capital University, David made the Dean's List in the spring of 2003. He graduated from Capital University Law School in May of 2003. His practice areas primarily consist of estate planning, advising closely-held corporations, general civil litigation, and landlord-tenant.

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

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

A health care directive is a written document that informs others of your health care wishes. It allows you to name a person, or agent, to make decisions for you if you are unable to do so. In Ohio, “advance directives” is the term used to describe three types of legal documents you can complete to express your wishes regarding your 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 an important tool for you as a consumer of mental health and other disability services to guide your care should your attending physician determine that you lack capacity to make your own health care choices. An advance directive is useful if you become unable to adequately communicate your health care wishes. The directive guides your doctor, family and friends regarding your care at a time when you are not able to provide that information. While you do not have to create an advance directive, a directive will help you get exactly the care you would like, particularly near the end of your life when your interests may not be the same as those who survive you.

Luftman, Heck & Associates can provide assistance in preparing a health care power of attorney, durable financial power of attorney and living will to be used in the event your physical condition prevents you from making important health care decisions. Adequate planning will make certain that you have a designated individual to whom is authorized to make health care and financial decisions for you in the event of a disability; Doing so will save your family members much time and money and avoid the need for a guardianship to be established through complex legal procedures in the event of a health crisis.

Estate Tax Planning

You have come to the time in your life when you begin planning for how you can provide for your loved ones once you are gone. At this point it is likely that you have prepared a will and/or trust and prepared final instruction on how you would like your final wishes carried out. Although you have properly prepared and filed all the necessary documents, it is likely that you have not planned for the large percentage of your assets that will go to paying state and/or federal inheritance taxes. As such, depending on the value of your estate at your death, a large percentage of your estate could be subject to both federal and Ohio estate taxes.

Ohio permits a surviving spouse to receive an unlimited amount of assets upon the death of a spouse without paying any taxes on them. However, because of these tax protection laws, the surviving spouse’s estate will likely be subject to an estate tax upon his or her death. Similarly, the estate of a non-married individual will almost always be subject to an estate tax if his or her remaining assets are substantial. To help avoid or minimize the taxes that may be assessed on your estate following your death, it is important to discuss your estate plans with an attorney who can offer direction on how to best protect your assets from taxes.

Because tax laws can change quite frequently, an attorney can help you prepare an estate tax plan that will work best for you. For example, recent changes to federal estate tax laws require an increased need for legal guidance in adequate tax planning. Current tax laws will reduce estate taxes over the next few years, and completely eliminate them in 2010; however, this reform is not yet permanent and will revert to the old rules in effect pre-2001 unless a new estate tax bill is passed by Congress by 2011.

Luftman, Heck & Associates provides estate tax-planning advice to people who are interested in saving their estates from substantial state and federal taxes. The firm’s lawyers offer extensive estate tax planning experience and guidance to clients with any size estate. They will explain the financial strategies and legal options that are available to help protect your beneficiaries from probate court and reduce or avoid excessive inheritance taxes upon your death.

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

Due to the high consumer nature of our society, it is inevitable that some people will experience serious injuries as a result of defective products. Oftentimes, product-related injuries may have been avoided if manufacturers or distributors of products had 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.

To protect yourself and your loved ones, it is important to know what products have been recalled because they are defective or unsafe. Federal agencies, such as the FDA (Food and Drug Administration) and the CPSC (U.S. Consumer Product Safety Commission), frequently announce recalls for certain medical devices, drugs and products that may be pose a threat to consumers.

Consumers that have been 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. However, this limit does not apply when the defendant has been convicted of, or pleaded guilty to, a criminal offense that is a felony. Additionally, punitive damages are not available in product liability claims involving FDA-approved drugs and medical devices if the manufacturer: (a) manufactured and labeled the product in accordance with the terms of the federal approval or license; or (b) marketed an over-the-counter drug in compliance with federal regulations.

If you or a family member has been injured by a defective product, contact an 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

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; these include: grocery stores, shopping malls, department stores, parking lots and sidewalks.  Common injuries are due to damaged floors, wet spots in high traffic walkways, inadequately lighted parking lots, weather-related and other hazardous conditions; including:

• Unattended snow pile-ups
• Improperly secured mats and rugs
• Building code violation
• Fire hazards
• Unmarked drop-offs
• Uncovered potholes

Generally, property owners who invite member of the public to visit their location have a duty to provide a protected, hazard-free environment for visitors. Where a potential hazard may exit, the owner has an additional duty to warn the public of such. If this duty is breached and an adequate warning and or protection is not provided, the owner may be liable to the injured person for subsequent physical and financial injuries related to the accident.

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
• Negligent and careless acts, or failures to act, and failure to provide appropriate warnings

If you believe that you have been injured by the negligent act or maintenance failure of a property owner, contact Luftman, Heck & Associates for an evaluation of your case. Our attorneys 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.

Animal Attacks

The attorney’s at Luftman, Heck & Associates provide aggressive representation to clients who have been injured in an animal attack. Dog bites and other assaults involving animal, domesticated or otherwise, are unpredictable and may result in serious physical and emotional injuries and more. Even though cases involving animal attacks may seem relatively simple, the physical injuries and medical costs associated with an 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

Contact one of our attorneys to discuss your cases and to receive quality representation when seeking recovery for your injuries and suffering resulting from an animal attack.

Wrongful Death Claims

A “wrongful death” occurs when a person is killed due to the wrongful act, neglect or fault of another. Deaths resulting from vehicle accidents, medical malpractice and construction-site accidents are some common causes of wrongful deaths. 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.

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 (whether intentional or not) and request compensation for the decedent’s survivors. Additionally, 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. If the life of a loved one was ended as a result of a negligent act of another, it is important to contact one of our attorneys today for an evaluation of your case.

Vehicular Accidents

There is often no sure way of predicting when an accident will happen. As such, it is important to ensure that all of your legal rights are protected after one has occurred.

Although you may make extra efforts to make certain your own actions don’t result in an auto accident, oftentimes an accident will still occur as a results of another’s negligence or carelessness. Many local governments have passed laws to reduce the number of accidents; however, 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. Additionally, in addition to everyday distractions causing an accident, such as road construction and weather, the increased use of electronic devises by persons while driving (such as cell phones and ipods) further increases the potential for accidents. 

When an auto accident occurs, the first action taken should be to determine the safety and injuries of all drivers and passengers. As a driver, if you are not seriously injured and your vehicle is able to be moved, you should move it out of traffic to a safe location on the side of the road to avoid causing an additional collision. If no emergency medical treatment is needed, contact the local police department to request assistance in preparing an accident report. The report should include detailed descriptions regarding the accident based on your experience. You should also ask the other drive to provide you copies of their insurance and contact information and be sure to make note of the color, model, make and year of their vehicle. 

The term “auto accident” is a general term that includes accidents involving many types of vehicles; however, the resulting injuries and liabilities may differ depending on the type of vehicle(s) involved.

Car Accidents

Even though the potential and severity of injuries may be directly related to the speed of the vehicles involved, there is no question that an accident at any speed can cause extreme damage. The attorneys at Luftman, Heck & Associates have the experience and resources necessary to fight for compensation of our clients injured in auto accidents and will work closely with expert witnesses, investigators and law enforcement officials to prepare the strongest case possible. When necessary, this includes use of computerized simulations to recreate the circumstances surrounding the accident and provide the court with a true-life depiction of the events as they occurred.

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; however, contributing factors to an accident may also 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.” Generally, 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; however, all-to- often, an injured party will give up their right to seek monetary awards because they do not want to deal with the time and expense of bringing a claim. The attorneys at Luftman, Heck & Associates are happy to offer an evaluation of your case as well as representation on a contingency basis, which requires no up-front expense to you.

Semi Truck Accidents

Although trucking accidents are quite common, as our nation’s food producers and retailers continue to transport goods using such methods, the potential for semi accidents may be substantially reduced by semi driver’s paying special attention to:

• Their Speed
• Unsafe Road Conditions
• Fatigue
• Necessary Truck Maintenance
• Intoxication
• Equipment Defects or Malfunction
• Improperly Loaded or Unbalanced Cargo
• Inadequate and Improper Signage

Semi truck accidents often occur from mistakes and negligence committed by the truck driver. The attorneys at Luftman, Heck & Associates examine all the evidence, including the driver log books, on-board “black boxes,” cellular phone records and maintenance records to assist in preparing the strongest case possible. Our attorneys collect all essential information to develop cases to hold the negligent party responsible while requesting compensation for the injuries you have suffered. We represent those injured in trucking accidents and file wrongful death claim for those who have lost a family member in a fatal incident.

Motorcycle

Riding a motorcycle can be very convenient and cost friendly, especially while gas prices continue to rise across the nation; however, the limited safety features of a motorcycle can present an extreme risk to a driver. Although safety laws require motorists to watch for motorcycles on the road, oftentimes they do not exercise proper procedures, resulting in serious injuries, which include:

• Broken bones
• Brain damage and head injuries
• Back, neck, and spinal cord injuries, including paralysis
• Road burn

The attorneys at Luftman, Heck & Associates help those injured in motorcycle accidents determine the cause of the accident, assign fault and hold the negligent parties responsible for the incident. Being in a car’s blind spot is a dangerous place; however, traffic laws require car drivers to exercise care while operating their vehicle and their negligence or disregard for the laws presents an increased risk to those driving a motorcycle.

Train Accidents

Most people do not realize that train accidents occur nearly every ninety minutes and that 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 is leaked.

There are laws which determine which parties may be held responsible and detailing the available settlement to which a victim may be entitled. Some jurisdictions also establish procedures for determining the extent of liabilities when a carrier is at fault. If you have been injured in a train accident, contact one of our attorneys today for an evaluation of your case.

Bus Accidents

As a result of rising gas prices, an increased number of commuters are turning to mass transit options for their travel. Although many public and mass transit drivers are careful and cautious while driving, accidents occur nonetheless. 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

The attorneys at Luftman, Heck & Associates represent pedestrians who have been injured as a result of a negligent or reckless driver. 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.

Contact an attorney at Luftman, Heck & Associates for an evaluation of your injury.

Boat Accidents

Recreation is an important part of our lives; however, there are times when a recreational activity may result in severe injury when extreme care and caution are not exercised. As such, the potential for accidents while participating in boating activities is high. There are occasions where injuries may result despite observance of proper care and diligence. Many people have suffered severe injuries, or have died because of improper care while operating a boat.

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.  Our representation of victims injured in boating accidents includes, but is not limited to:

• Boating negligence
• Injuries resulting from 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. Generally, a state’s highway department is responsible for the proper maintenance and care of its interstate roadways. However, there are road conditions that may occur too quickly to be corrected before an accident occurs. In these cases, it is important to discuss your injuries with an attorney to obtain proper guidance.

Chapter 7 Bankruptcy

You have lost your job or you simply cannot pay your huge debts. A Chapter 7 bankruptcy may be the answer to your sleepless nights and stress. Called “the fresh start bankruptcy,” filing a Chapter 7 will eliminate your debt and requires no down payment. However, you will lose your property unless you chose not to include it in your bankruptcy filing.

Myths about filing Chapter 7

• I will lose my home. If you are current on your mortgage and wish to keep your home, you can. However, if you are behind, your creditor can ask the bankruptcy court to lift the stay and proceed with foreclosure.
• I won’t be able to buy a car for seven years. Yes, a Chapter 7 does stay on your record for seven years. But many creditors are more likely to lend you money for a car because they know you cannot file another claim for eight years. This is especially true if your financial circumstances changed after filing Chapter 7 and your have more income.
• It’s too hard. The attorneys at Luftman, Heck and Associates do the work for you. Many people chose a Chapter 7 bankruptcy because it is the easiest and quickest. The process takes four to six months and costs $299 in filing and administrative fees.

How does it work?

• Meet with an attorney at Luftman, Heck and Associates to discuss your income and debts.
• Your attorney will file the paperwork.
• You will meet at the courthouse with your trustee and your creditors. Some creditors will not attend.
• The bankruptcy is approved by the court.

Chapter 7 Facts.

• If you have completed a Chapter 13 repayment plan or had a Chapter 7 discharged in the past eight years, you cannot file a Chapter 7.
• If your income is higher than the median family income for a family of your size in your state and your disposable income, less some expenses, will allow you to pay your debts in five years.
• Child support, tax debts and student loans are not eligible for Chapter 7 protection.

Stop worrying over your debts. Call Luftman, Heck and Associates today for relief!

Chapter 13 Bankruptcy

Chapter 13 allows you to repay some or all of your debts, often at a lower interest rate. This is your best option if you:

• Are facing repossession or foreclosure and want to keep your car or home.
• Need to pay back child support or taxes but are unable to do so.
• Have a strong desire to pay your debts and not erase them under a Chapter 7

To file a Chapter 13, you must have a source of income. This can come from your job (including self employment and seasonal work), commissions you earn, pension payments, Social Security benefits (including disability), unemployment benefits, child support or alimony, royalty payments, funds from the sale of property.

How does Chapter 13 work?

1. Contact an associate at Luftman, Heck and Associates for a consultation. Bring records of all your debt and proof of your income.
2. Your attorney will file your case with a proposed plan. Once this is done, your creditors must stop any collection and/or repossession efforts.
3. You will have meeting with the Chapter 13 trustee. At this meeting, you debtors may appear to protest the payback amount. The trustee may ask you several questions.
4. A court date is scheduled, usually about a week after the meeting. At that time the trustee will approve or disapprove your plan.
5. You must begin making payments immediately. The payments will come from your personal account until a wage deduction is in place.

Chapter 13 Facts.

• The debtor has five years to pay the debts.
• The trustee will pay the debts in order of priority. If your home or car were part of your plan, those notes will be paid first. Tax and child support obligations are followed by unsecured debt.
• Once the debtor finishes the plan, the rest of the unsecured debt is discharged.
• If you are a sole proprietorship, you cannot file a Chapter 13 bankruptcy. But you can file as an individual and list business-related debts.
• You cannot file for Chapter 13 if your secured debts exceed $1,010,650.
• Your income tax filings must be current.

Fair Debt Collection Practices Act (FDCPA)

Did you know that a collection agency cannot continuously call you after you have told them you cannot pay the bill? Or that they cannot call you at work if you tell them they cannot? Most consumers are not aware that there is a Fair Debt Collection Practice Act (FDCPA) until they fall behind on their bills and the collectors start calling. No one wants to fall behind on their bills and be unable to pay them. But no one wants to be harassed because of their misfortune.

At Luftman, Heck and Associates, we investigate violations of the FDCPA. We know the trouble these actions can cause—personal bankruptcies, marital strife, job loss and you feel as if your privacy is invaded. Some of the violations are:

• Using threats to collect to try to get you to pay.
• Calling you during inappropriate hours. This usually defined as before 8 a.m. and after 9 p.m.
• Telling you they will let everyone know about your bad debt.
• Claiming to be an attorney to intimidate you.
• Telling you that you will go to jail if you don’t pay.
• Calling your employer, friends and family and telling them about the debt.
• Threatening to deposit a postdated check early.

No collector can continue to call you once you tell them you have an attorney. 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.

Debt Settlement

In this economy, many people have maxed out their credit cards and found themselves in debt. If you don’t want to file bankruptcy, you have an alternative. Debt settlement can help you get your monthly bills down to a manageable amount without ruining your credit.

Unlike debt consolidation, debt settlement is not a loan. The attorneys at Luftman, Heck and Associates will negotiate with your creditors to reach an agreement to that may lead you to paying back only a small portion of the total loan amount.

The debt settlement does not appear on your credit report. But if you fail to repay a loan or you are late making payments that will show up as negative mark on your report. Let the attorneys at Luftman, Heck and Associates help save your credit and put you on the path to financial recovery.

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.

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. The attorneys at Luftman, Heck and Associates are aware that these tests can be challenged successfully if the officer is inexperienced or does not follow standard operating procedure when administering the test. You may also be asked to take a blood or urine test to measure the amount of alcohol in your blood.

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

Because of the publicity cases involving sex crimes receive and the horrible nature of the acts, prosecutors are relentless in their pursuit of a guilty verdict. At Luftman, Heck and Associates, we vigorously defend sex crimes just as vigorously as they are prosecuted. We defend all sex crimes including, but not limited to:

Rape and statutory rape Any type of forced sexual contact under the threat of violence or duress is considered rape. A rape can involve two people who knew each other as is the case in date rape. Statutory rape involves sexual contact with a minor and can include consensual contact. California law implies that minors cannot give their consent to have sex. Child rape involves sexual intercourse with a child against the child’s will.

SolicitationDefined as the exchange of money for sexual acts, this includes prostitution and solicitation of a prostitute.

Indecent Exposure This occurs when a person’s private parts are exposed in public. This can occur during a sexual act or masturbation as well.

Lewd Acts Soliciting another person to engage in sexual activity or engaging in that activity in public constitutes lewd acts under California law. A misdemeanor, the penalty is up to one year in the county jail and up to five years of probation.

Sex crimes against children These crimes include child rape, child molestation, and lewd acts with a minor and in some cases incest. Penalties for these crimes often involve long prison sentences.

Computer crimes Some sex crimes do not involve touching or intercourse. Internet crimes have been the focus of state and federal investigations. These crimes include:

• Solicitation of a minor. For example, someone is chatting online with a minor and agrees to meet them for sex.
• Child pornography. The exploitation of children is a heinous offense and prosecutors are vigilant in convicting anyone charged with possession of child pornography.
• Web cam offenses that include nudity.

Your defense

The attorneys at Luftman, Heck and Associates will provide you with a strong defense that may be based on:

• Mistaken identity. This often happens when traumatized rape victims misidentify a suspect.
• Entrapment. Many of the offenders arrested during the “To Catch A Predator” sting claimed entrapment.
• Factual innocence. An angry ex-wife or a spurned lover often makes false allegations of a sexual nature. We will prove your innocence and have your case dismissed.
• Insufficient evidence.
• Improper arrest/prosecution.

If you are facing criminal sexual conduct charges, call Luftman, Heck and Associates today about your case.

Assault and Domestic Violence

Ohio law defines “assault” as:

(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.

Ohio law defines “domestic violence” as:

(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)(1) Whoever violates this section is guilty of domestic violence

Assault and Domestic Violence are two different, but related, crimes that often occur and that police often charge at the same time. As such, they are often prosecuted together. Assault involves the act of threatening to injure someone, whereas Domestic Violence refers to the relationship between the parties. Both assault and domestic violence are considered very serious in a court of law; both acts may result in harsh penalties, which may include jail time. Individuals who are convicted of assault and domestic violence may face the following consequences:

• Imprisonment
• Large fines
• Probation
• Mandatory counseling or anger management
• Difficulty obtaining employment

Luftman, Heck & Associates has represented clients in numerous assault and domestic violence cases. We will work with you to prepare a defense strategy based on the particular circumstances of your case. Some applicable defenses may include:

• Consent: The alleged victim “consented” to the potential harm, as in a sports competition for example.
• 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 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.

The attorney’s at Luftman, Heck & Associates understand the seriousness of assault and domestic violence charges and are committed to defending the rights of our clients. If you have been accused of assault and/or domestic violence, please contact our offices today to schedule a consultation with a skilled criminal defense attorney who can evaluate the charges against you and help you determine the best course of action.

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.

Weapons Charges

Guns, knives and even brass knuckles can get you arrested on weapons charges. In California, most weapons charges are felonies. Some possession charges are misdemeanors but that depends on what kind of weapon was involved, if the offender has a criminal record and what he or she intended to do with the weapons.

The attorneys at Luftman, Heck & Associates will help you with any type of California weapon charge 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

Penalties

Misdemeanor weapons charges carry a penalty of a year in jail and/or a fine of up to $1,000. Felony weapons charges are more serious. Prison time can range from one year up to 20 years depending on the offense, if the offender had a criminal record and the circumstances surrounding the arrest.

We can help

A conviction can keep you from getting a job or finding a place to live. You may have a viable defense.

• Was the search and seizure proper?
• Did you have the weapon because you were defending yourself?
• Did you accidentally fire your weapon?
• Was the gun not yours?

Let the experienced California attorneys at Luftman, Heck and Associates defend you and your reputation.

Drug Offenses

California has some of the strictest drug laws in the nation. The sentences range from probation to life in prison depending on the circumstances and charge. The charges are:

• Drug possession—felony or misdemeanor. Marijuana possession, possession of drug related items and being under the influence of drugs are misdemeanors. All other drug possession charges are felonies. Prosecutors must prove you were in control of the drug.
• Possession of drugs with the intention sell is a felony. Prosecutors may present wiretapped conversations, items found in your home (scales, drug packaging) and witnesses who reported a lot of activity at your home.
• Drug trafficking is a felony unless you are charged with possession of less than 28.5 grams of marijuana that is for you own use. In that circumstance, the charge is a misdemeanor. You don’t have to transport the drugs yourself. You can be charged with conspiracy or aiding and abetting if you helped someone sell or purchase the drugs.
• Felony charges will be filed if you are caught making drugs---growing marijuana or using a methamphetamine lab.

The Penalties

If you are convicted of misdemeanor drug possession, the maximum sentence you can receive is a year in jail and a $1,000 fine. Felonies are more serious. In most cases, judges will consider the base term (the range of sentencing for the offense), any extenuating circumstances (were children involved, did the use of the drug lead to someone’s death or illness?) and whether or not the defendant has a prior criminal history.

California has a ‘three strikes’ law. If you have been convicted of two previous felonies and are convicted of a third, you could spend 25 years to life in prison.

Alternative Sentencing

Treatment is often recommended rather than jail for non violent drug offenders. This alternative can keep a felony off your record and include:

• Drug Court. This nationally recognized program requires participants to undergo an intensive treatment program. Once the program is completed, the case is dismissed.
• Diversion. Also known as deferred entry of judgment, the defendant pleads guilty but agrees to take drug education classes. The case is dismissed after 18 month.
• In July 2000, California voters passed Proposition 36, which allows first and second time drug offenders to receive treatment instead of jail time.

You Need A Great Attorney

The associates at Luftman, Heck and Associates will examine every piece of evidence in your case. Was the evidence obtained legally? If not, it cannot be used against you. If the judge suppresses the evidence, the case against you could be dismissed. Examples include:

• 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)
• Findings of canine searches (drug-sniffing dogs)

Business Organization

Choosing the correct tax structure is a crucial component of business formation, operation, longevity and success. The attorneys at Luftman, Heck & Associates are committed to working with entrepreneurs in selecting the right business organization that best fits their needs. Once the person chooses the business structure, the appropriate organization documents will be drafted and filed with the Ohio Secretary of State. Additionally, the required documents detailing the operation agreement between the various owners of a business partnership or venture, such as Articles of Organization, Corporate Regulations, Stock Subscriptions, Partnership Agreements and Buy/Sell Agreements are prepared and filed with the appropriate state offices. Whether you are interested in starting a new business or are the owner of an established corporation, Luftman, Heck & Associates is committed to assisting you in customizing the business needs to best meet the short-term and long-term activities and goals of your enterprise. 

Estate Planning

What is the Probate Process?

The court process used to settle the estate of a deceased person is called “probate.” This court-monitored procedure is used to distribute a decedent’s estate as well as to determine which creditors will receive payment and in which order. Although a decedent may not have prepared a valid will prior to his or her death, their estate will still proceed through the probate process as directed by the laws of the state in which the decent was domiciled prior to death or the state in which the decedent died. 

Probating the Estate

Although the probate process and rules may vary depending on the jurisdiction in which the procedure takes place, probating an estate generally involves:

• Petitioning the court to probate the will
• Sending notice to creditors, beneficiaries and any other interested parties
• Collecting, inventorying and appraising all estate assets
• Collecting any payments, debts and income due to the estate
• Paying any debts owed, and filing and paying local, state and federal taxes
• Distributing any remaining assets to beneficiaries as directed in the terms of the will

Probating Small Estates

Many states offer an expedited or simplified probate process for smaller estates that meet certain criteria. Distinguishably from probating a large estate, a small, less complex estate is not generally required to be directed by a probate court, but instead is probated before an “administrator,” this process provides a much more time and cost efficient way to complete the probate.

Disadvantages of Probate

Time and expense: The general timeframe associated with probating an estate can take anywhere from six months to more than a year. Because of their size and complexities, some large estates may take several years to probate. Additionally, disagreements to the legitimacy of a will can further increase the duration of the process. The costs associated with probate can be quite expensive as they may require a large number of attorney and court hours to settle; however, oftentimes these costs may be deducted directly from the estate in probate.

Lack of privacy:  Keep in mind as well that because probate matters are subject to public record laws, anyone may learn the size, contents and beneficiaries of an estate brought to probate. Oftentimes this lack of privacy may result in tensions and/or disputes among family members.

Intestacy:  If an individual dies without a valid will, that person is considered to have died “intestate.” As such, there are no legal directions a court may use to distribute the decedent’s estate and their assets are subject to the state’s default inheritance rules or applicable estate plan. Generally, state inheritance laws distribute assets to the surviving spouse and children of the decedent first, followed the parents and other close family members. It is important to remember that the absence of a valid will is likely to require that the estate is distributed as required by the state laws.

Probate Avoidance Planning

To avoid the time, expense and stress of dealing with complex probate matters, Luftman, Heck & Associates offers comprehensive will and trust planning services to ensure that your wishes and the wishes of your loved ones are properly attended to. Estate planning is an important tool from which a persons will of all sizes of estates can benefit. As such, there is no time too soon to begin planning for the distribution of your possessions. Our services can further aid by offering guidance in preparing:

• Wills, living wills, health care directives, and powers of attorney
• Trusts
• Probate, estate management, trust administration

Who We Are and What We Do

The law firm of Luftman, Heck and Associates provides aggressive and professional legal representation to each of its clients. We offer the quality of sophisticated litigation services found in larger firms, but without costly overhead, higher fees and conflicts.

The law firm that would become Luftman, Heck & Associates, LLP, was formed in December 2003 by Benjamin L. Luftman and Jeremiah E. Heck. Recent graduates of Capital University Law School in Columbus, OH, Mr. Luftman and Mr. Heck decided to take the bold step of starting their own law firm. Through meticulous preparation and an intense desire to distinguish themselves from others in the field of law, Mr. Luftman and Mr. Heck began their legal careers.

Over the past five years the law firm has expanded significantly both in the scope of legal services provided, as well as in size. Besides Mr. Luftman and Mr. Heck, associate attorneys Bryan C. Barch, David B. Schulz, Scott C. Florin, and Scott M. Grace currently are employed by the law firm, as well as over thirty paralegal and staff members. In addition, there are plans to hire more attorneys and professional staff members at the law firm.

Luftman, Heck & Associates, LLP is a full service law firm. Mr. Luftman focuses his practice in the areas of criminal defense and traffic violations, particularly DUI/OVI defense work. Mr. Heck focuses his practice in the areas of consumer law, real estate law, employment law, and personal injury. Mr. Schultz’s practice areas consist primarily of estate planning, advising closely-held corporations, general civil litigation, and landlord-tenant law. Mr. Florin’s primary practice areas include representing consumers in Chapter 7 and 13 bankruptcies, as well as in consumers’ rights cases including violations of the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. Mr. Barch’s focuses his practice in the areas of family law and representing consumers in Chapter 7 and 13 bankruptcies. Finally, Mr. Graces’s practice areas consist of consumer law, debtor rights and criminal defense.

Luftman, Heck and Associates is unique in that it is one of only a handful of law firms in the State of Ohio and California that practices in the area of debt negotiation in addition to its bankruptcy services. Under the guidance of Mr. Heck, this division of the law firm works diligently on behalf of clients to help them navigate through what undoubtedly is an emotionally trying period of their lives.

Not Already a Client? Contact Us Today.

Our Addresses

Cincinnati Office

Luftman, Heck & Associates, LLP
810 Sycamore Street, Floor 3
Cincinnati, OH 45202-2180
Phone: (513) 338-1890
Fax: (513) 338-1828

Columbus Office

Luftman, Heck & Associates, LLP
580 East Rich Street
Columbus, OH 43215-5335
Phone: (614) 224-1500
Fax: (614) 224-2894

San Diego Office

Luftman, Heck & Associates, LLP
501 West Broadway Suite 800
San Diego, CA 92101-3546
Phone: (619) 400-4900
Fax: (619) 400-4903

Email: .(JavaScript must be enabled to view this email address)

Information Collection, Use, And Sharing

First and foremost, the information submitted on this web site is protected by the attorney-client privilege, but there can be no attorney-client relationship unless we expressly approve it in writing.

We are the sole owners of the information and quote collected on this site. We only have access to collect information that you voluntarily give us via email or other direct contact from you. We will not sell, erase or rent this information to anyone.

We will use your information to respond to you regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your requests.

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

• See what data we have about you, if any.
• Change/correct any data we have about you.
• Express any concern you have about our use of your data.

As attorneys subject to the C.P.R. (Code of Professional Responsibility), we take extensive precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline by the attorney-client privilege.

Terms Of Use

This website is offered to you conditioned on your acceptance, without modification, of the terms; conditions and notices of this agreement. Your use of this website including to, but not limited to the entry of data onto any portion of website, constitutes your agreement to all such terms, conditions, and notices.

Luftman, Heck & Associates, LLP (LHA) may modify this Agreement at any time, as long as the modification does not disadvantage you, by providing you written notification and a copy of the new agreement. If you do not accept the terms of any superseding agreement, the Client has the right to discontinue the services provided by LHA.

Please note that all phone calls made in response to your inquiry on this website are monitored for quality assurance reasons and may be recorded.

Personal Injury

The Ohio law firm of Luftman, Heck & Associates represents plaintiffs in all areas of personal injury, professional malpractice, wrongful death and commercial litigation. A serious injury can change your life in a moment, resulting in immediate and long term uncertainty, expenses and stress. To help you minimize the worry and confusion resulting from an accident, our attorneys are prepared to fight for your compensation and represent your rights in the courtroom. We are committed to defending the rights of our clients suffering from all types of serious personal injuries and obtaining recoveries that will help ease their burdens. If you or a loved one has suffered an injury due to the negligence or recklessness of another, contact one of our attorneys today to begin working on your case. Our attorneys represent clients in all types of personal injury cases.

What Is Bankruptcy?

Bankruptcy assists debtors who have financial hardships. The two common types of bankruptcies for individuals are:

• Chapter 7. Discharges the debts completely. The debtor may choose to keep his or her home or car and continue to make payments.
• Chapter 13. The debtor pays his debts through a repayment plan. That plan may reduce the amount of interest owed.

What happens when I file?

Once you have filed, an “automatic stay” is in effect. During this time your debtors may not be able to:

• Cannot repossess your car
• Foreclose on your home
• Garnish your wages
• Evict you from your home

Bankruptcy relief

Bankruptcy can discharge overwhelming credit card debt, help you reorganize your debts so that you can make your car payments and give you financial relief. But the bankruptcy court cannot discharge unpaid child support, alimony and tax debt. Student loans cannot be discharged unless a debtor proves that the payments are a burden.

The Bankruptcy Abuse Prevention and Consumer Prevention Act of 2005

Many debtors worried bankruptcy reform passed by Congress would make it too difficult to file for bankruptcy. What the law does is:

• Require credit counseling in some circumstances before a debtor can file for bankruptcy.
• Requires debtors who have the ability to pay back some of their debts to do so. Only those who fall behind their state's median income will not be required to pay back their debts.
• Establishes a “waiting period” between filings. If you have a Chapter 7 discharged or complete a Chapter 13 plan, you must wait eight years before you can file for bankruptcy again.

Stop worrying about your debt

Luftman, Heck and associates will be with you through every step of your bankruptcy. Financial debt is a stressful problem and can cause other problems such as marital tension, health problems and stress on the job. Call us today and let us help you!

Family Law

The attorneys at Luftman, Heck & Associates provide representation in Ohio family law issues. When speaking to one of our attorneys you will receive help understanding your rights and options under Ohio law, we will ensure that your case is handled in the most cost efficient and effective manner possible. Although family law issues may arise in a variety of situations, which our attorney’s are happy to assist with.

Consumer Law

The attorneys at Luftman, Heck and Associates are committed to protecting consumers when:

 
• A creditor is violating the Fair Debt Collections Practices Act
• You have purchased a vehicle that spends more time in the repair shop than in your garage.
• Your “almost new” car actually has 200,000 miles on the odometer—not 20,000.

California’s Lemon Law

California has a strict limit that protects consumers who have purchased a car that just doesn’t work properly. If the vehicle is under a manufacturer’s warranty, it could be considered a lemon and the dealer could face penalties and you can recoup your losses in a civil suit.

Consumer protection

At Luftman, Heck and Associates, we protect buyers from all types of physical and financial injuries including:

• Household Services/Improvements
• Telecommunications
• Professional Services
• Shopping/Apparel/Accessories
• Health & Beauty Services
• Financial Services
• Residential Mortgages
• Computers & Internet

Call Luftman, Heck and Associates and let us help you recover your losses.

DUI and Traffic Offense

Like most states, if you are convicted of a traffic offense in California, points will be added to your driver’s license. Moving violations will add one point to your license and include:.

• Speeding
• Failure to yield
• Failure to obey a traffic light or stop sign
• Improper passing
• Turning violation

Serious traffic offenses such as DUI, reckless driving and hit and run will add two points to your driving record. DUI charges can result in a misdemeanor conviction or a felony conviction if you are involved in an accident or someone is hurt.

Four points in a 12 month period will result in a suspension of your driver’s license. At Luftman, Heck and Associates, we can help you keep your license by defending your rights. Call us today to discuss your case.

Criminal Defense

Being arrested is a traumatic time from the clink of the handcuffs on your wrist to the slamming of the cell bars as your freedom is taken away. You don’t have time to weigh your options if you are arrested in California. Call Luftman, Heck & Associates Law Firm to help with your case. From charges ranging from speeding tickets to homicide, we will aggressively defend your rights. We have successfully negotiated thousands of cases in all circumstances:

• Plea agreements
• Jury trial
• Reduction of charges

We cover all California crimes including, but not limited to:

• Breaking and Entering
• Criminal Sexual Conduct
• Drug Offenses
• Aggravated Vehicular Homicide, Vehicular Homicide and Vehicular Manslaughter
• Drunk Driving / DUI
• Arson
• Homicide (Including Murder or Negligent Homicide)
• Assault
• Domestic Violence
• Weapon Charges
• Fraud
• Offenses Involving Minors
• Kidnapping
• Embezzlement
• Forgery and Counterfeiting
• Criminal Fraud
• Illegal Gambling
• Larceny
• Auto Theft
• Robbery
• Trespass
• Fleeing and Eluding the Law
• Additional Misdemeanors and Felonies
• Theft
• Passing Bad Checks
• Disorderly Conduct
• Underage Alcohol Consumption/Possession

Although we handle all types of criminal cases, we largely focus on helping clients charged with Drug Offenses, Weapon Offenses, Assault, Domestic Violence and Criminal Sexual Conduct.

Benjamin L. Luftman

Professional Affiliations

• American Bar Association
• Ohio State Bar Association
• Columbus Bar Association
• Ohio Academy of Criminal Defense Lawyers
• Ohio State Bar Association (OSBA) Jury Instructions Committee

Admissions

• Ohio
• U.S. District Court, Southern District of Ohio

Education

• 2003 J.D., Capital University Law School
• 2000 B.A., The Ohio State University

Classes / Seminars Taught

• OVI/DUI Law, Dublin Counseling Center Certified Driver Intervention Program
• OVI/DUI Law, Mount Carmel Certified Driver Intervention Program
• OVI/DUI Law, Parkside Behavioral Healthcare Certified Driver Intervention Program
• OVI/DUI Law, Wellness Group Certified Driver Intervention Program
• Defending Clients Charged with OVI Seminar, Muskingum County Bar Association

Honors & Other Awards

• 2010 Super Lawyers Ohio Rising Star Attorney
• Only OVI/DUI law attorney selected as 2010 Super Lawyer Rising Star Attorney for the State of Ohio

---

• Back to the Homepage

• Contact Us

Site Map / Legal Notice / Terms Of Use / Copyright © 2003 - 2010 Luftman, Heck & Associates LLP