bambergerlaw.com

Competent DUI Lawyers

If you or a family member are currently facing a Driving While Intoxicated charge, you may require the specific expertise of a competent DUI lawyer to guide you carefully through the drunk driving judicial process.

Drinking and Driving

Drunk driving, DUI and DWI are common words in our every day speech, which should tell us about the extent of this growing problem. DUI defense council will tell you that the term drunk driving has many official names including, DWI (Driving While Intoxicated), DUII (Driving Under the Influence of Intoxicants), OMVI (Operating Motor Vehicle Intoxicated), and OUI (Operation Under the Influence), and similar acronyms OWI, DUIL, DWUI. For our use going forward, DUI (Driving Under the Influence) will be used. Thankfully, you’ve found the legal professionals to assist you through your DUI proceedings.

Skilled DUI Attorneys

Certainly, hiring an experienced DUI lawyer is your best decision and ought to be your first move after being charged with this crime. DUI is a serious infraction in the State of Ohio with extreme consequences for everyone involved including drivers and victims. Each year in the United States an estimated half million people are injured in DUI-related highway crashes, costing taxpayers over $122 billion dollars.

Your DUI lawyer should be expertly familiar with all the intricacies and nuances involved with DUI offenses in the State of Ohio. As a DUI offender may face immediate loss of their driving privileges, vehicle impoundment, fines, house arrest or prison time due to drunk driving accusations. The Mark Bamberger Law Co.  defends dozens of DUI cases each year, let us help you through yours.

Take action now!

If you have been charged with a DUI , preparation, knowledge, and an excellent DUI attorney are among your best defenses. If you have been charged in a Miami County or Montgomery County court of law, the law offices of Mark Bamberger offers a number of capable and experienced DUI attorneys to defend you.

Contact Mark Bamberger today Toll Free at (877) 644-8181 Don’t let your DUI get out of control or out of hand. We can help!!

Our offices are located at 8 S. 3rd Street in Tipp City, Ohio. We also have an office in West Chester at 9075 Centre Pointe Drive, Suite 450 and in Downtown Enon at 41 E. Main St.

Popularity: 17%

Ohio is a tough place to do employment law!  Being one of the dreaded “at will” states, an employer can pretty much rid themselves of an employee without much cause.  No reason need be given.  What cannot be given is an illegal or unconstitutional reason.  There is tremendous statutory leeway provided to Ohio employers to follow their business models.

As difficult as it is to pursue a labor or employment law civil litigation cases in Ohio, The Mark Bamberger Co., LLC finds opportunities to represent employees who have been wronged.  The challenge is to define with our clients the difference between being wronged in fact and being able to prove that a client has been wronged in a court of law.

The litigation process begins by deciding if a client has a constitutional claim, such as gender, age, or racial bias; or else some noted violation of an existing contract or union agreement.  Most of the labor clients we see did not sign a contract with their employer, are not part of a union, and do not have a viable constitutional claim to proffer.  That makes litigation tough.  Additionally, our clients need to consider the potential outcome.  They typically fall into one of three categories: (1) those who continue to hold their jobs, yet want some remedy for a wrong; (2) those who lost their job and want it back, if at all possible; and (3) those who lost their job and do not want to go anywhere near the place ever, ever, ever again.  Different approaches and sensitivities are indicated depending on which category is applicable in the case at bar.  Some law firms go right for the civil complaint (suing the “SOB/s”).  At The Mark Bamberger Co., LLC, we often find that a three-step approach provides the best opportunity for our clients to get where they need to go; with only the third and final step being a civil complaint.

Overall, the most important thing for our clients in ANY litigation environment to do is to define what a “victory” looks like.  Many times they just need help in order to move on with their life with some version of closure; be it financial, psychological, or otherwise.

MJB 3/10

Popularity: 23%

US Appellate Court Justice Douglas Ginsberg

On TV, whenever someone is convicted in criminal court, they immediate are told by their legal counsel, “We can appeal”.  The expectation is that anyone can appeal a criminal conviction.  Oh contraire!

There are only certain circumstances in which a convicted felon can file an appeal.  First of all, the appellate attorney (who may or may not be the trial counsel) has to have solid grounds.  Even though a case can be “appealed as of right”, that does not mean it can be realistically appealed.  The client must find that either the judge made an error in ruling on the pertinent law or instructing the jury or the jury formed their opinion based on a bias or  the defense attorney fail to do the best s/he could do for the client.

If an appeal is feasible and the attorney is ethically ok with doing it, a “Notice of Appeal” has to be timely filed to the appropriate court.  If it is not timely, the client better have a darn good reason to file it late, lest s/he be turned down off the top.  In some instances, the time to file an appeal can be “tolled” (stopped) due to one reason or another.

If the Notice is timely, the higher appellate courts have right of certiorari (literally meaning the right to “be more fully informed”) of the case before they decide to accept it.  This is especially true of the Ohio and federal Supreme Court, which turns down far more cases than they accept for deliberation.  The first level about the trial court is the State district Court of Appeals, who statutorily have to rule on appeals as of right.  Many others do not.  You can think of the federal system as a mirror of Ohio courts, except for federal questions (like violations of federal constitutional or federal regulations) or cross-state concerns (“diversity”).  Federalism (mainly defined in the 10^th and 11^th Amendments of the U.S. Constitution) mandates that States are sovereign and can only be trumped by the federal courts under specific conditions (see my article “The Civil Side of Litigation” for more discussion on this topic).

If our case is accepted, the moving attorney files an “Appellate Brief” to the court.  This is followed by a “Response” from the prosecutor (either state or federal).  At that point, the Appellate court decides to either: (1) accept the Defendant-Appellant’s argument; (2) deny the argument; or (3) docket the case for oral hearing.

It is rare that an appellate court will hear a case “de novo” (“anew”).  Usually, they go only on the record established from the trial court.  In other words, they hear no new evidence and examine no new witnesses; only rule on the law before them as established in the record handed to them by the lower trial court.

In the uncommon case when (1) happens, the case is usually remanded (sent back) to the trial court that heard the case for another trial, perhaps full and perhaps only on the strictly remanded portion, say sentencing.  If (2) happens, the only recourse is to appeal to the next higher court of appeals, which may well decline certiorari unless the case poses a new or at least intriguing legal question.  In the rare case (3) happens, both sides are scheduled to argue their points “to the bench” (in front of the judges).

In summary, if a client asks for an appeal they have to forewarned that it is a lengthy and potentially expensive process; and by the way, the success is usually low of winning there.

MJB  2/10

Popularity: 21%