Charged With A Crime? Don’t Settle For Less, Come To James F. Bogen, Attorney at Law.

James F. Bogen
  1. Home
  2.  – Case Results

Successful Case Examples In Criminal Cases

Please note that results vary per client. The results in each case reflect the specifics of that case only. Further, certain results in past cases are not a guarantee of future results.

Not Guilty: Rape, Burglary And Other Felonies

In March 2005, I defended a client in Hamilton County Common Pleas Court who was charged with Rape, Aggravated Burglary, Abduction, and Theft. My client gave a very damaging written statement to the arresting officer. At trial, I was able to point out that the accuser’s story did not add up, that she could not tell the same story twice, and that the circumstances between her and my client made her initial story suspicious. I was also able to bring the circumstances of my client’s interrogation into question. My client was found NOT GUILTY on all counts.

Not Guilty: Child Endangering

In April 2005, I defended a client in Hamilton County Common Pleas Court who was charged with two counts of felony Child Endangering. The allegations were that he fractured his infant son’s legs, and he gave a very damaging written statement to the arresting officer. At trial, I was able to get the doctor who was testifying for the State to mark a three-week period on a calendar that illustrated the entire time frame for which the injuries could have been inflicted. I also brought in testimony that my client was out-of-state during the vast majority of this three-week period for work, and I was able to bring in testimony about questionable activities that were going on around his children when he was out of state. That enabled me to point out at least two viable alternate suspects to the jury. I also brought in reliable testimony about my client’s parenting skills and attitudes about being a parent. Like the above-mentioned rape case, I was also able to bring the circumstances of my client’s interrogation into question. My client was found NOT GUILTY of both counts.

Not Guilty: Rape And Sexual Battery

In November 2005, I defended a client in Hamilton County Common Pleas Court who was charged with four counts of Rape and one count of Sexual Battery on a high school student. This client gave a damaging oral statement to the arresting officer. At trial, I was able to point out that the details of the accuser’s story did not add up at all. Additionally, I was able to discredit my client’s alleged confession by pointing out to the jury how he sounded like he was under duress whenever he stated anything that was remotely damaging on the recording. After approximately two hours of deliberation, the jury found my client NOT GUILTY of all counts.

Not Guilty: Felony Domestic Violence

In January 2006, I defended a client in Hamilton County Common Pleas Court who was charged with felony Domestic Violence. At trial, I was able to show that the accuser was a habitual liar and that her story did not add up. The judge found my client NOT GUILTY at the close of the State’s case.

Not Guilty: Assault

In August 2006, I defended a client in Hamilton County Municipal Court who was charged with Assault. The accusation was that he tried to run over a family member with his car. I was able to show that the family member who made the accusation was not credible. The judge found my client NOT GUILTY at the close of the State’s case.

Not Guilty: Felony Assault And Child Endangering

In October 2009, I defended a client in Hamilton County Common Pleas Court who was charged with Felonious Assault and felony Child Endangering. The allegations were that he severely injured his girlfriend’s two-year-old. This client also gave a damaging recorded statement. At trial, my co-counsel and I were able to show that the child had older uninvestigated injuries that our client could not have caused. We were also able to call into question what was going on with the child when he was away from our client and in the care of his mother and other family members. And like the preceding cases, the jury did not appear to give our client’s statement much weight, if any. Our client was found NOT GUILTY of both counts.

Not Guilty: Felony Aggravated Burglary

In November 2011, I defended a client in Hamilton County Common Pleas Court who was charged with Aggravated Burglary. At trial, I was able to show that this incident was the product of ongoing issues between the parties involved, and that my client’s conduct during this incident did not rise to the level of such a serious felony charge. After a bench trial, the judge found my client guilty of only a misdemeanor.

Not Guilty: Robbery

In January 2012, I defended a client in Hamilton County Common Pleas Court who was charged with Robbery. At trial, I was able to show that the description that the victim gave of his attacker to the police was nothing like the description of my client, and I was also able to show that the method the police used to have the victim identify my client as the attacker was not reliable. I was also able to show that there was no other evidence of any kind to corroborate the identification of my client (i.e. the victim’s property found on him or at his nearby residence). The judge found my client NOT GUILTY at the close of the State’s case.

Not Guilty: Felonious Assault With A Knife

In May 2012, I defended a client in Hamilton County Common Pleas Court who was charged with Felonious Assault. The allegation was that my client cut the accuser with a knife. At trial, I was able to show that the accuser was not credible, and that my client had been justified in using a knife in self defense. The judge found my client NOT GUILTY at the close of the State’s case.

Not Guilty: DUI

In February 2013, I defended a client in Hamilton County Municipal Court who was charged with DUI. My client had broadsided another car and there were empty beer cans in the back seat and beer spills on the back seats. At trial, I was able to point out that the beer spills were sticky and therefore not from that night. I was also able to point out that my client showed no coordination problems (which are key signs of impairment) during her interaction with the police officer, no slurred speech, and that she was very courteous and polite. After hearing all of the evidence, the judge found my client NOT GUILTY.

Not Guilty: Felonious Assault With A Gun

In March 2013, I defended a client in Hamilton County Common Pleas Court who was charged with two counts of Felonious Assault with gun specifications (i.e. shooting a person) and one count of Having Weapon While Under Disability. At trial, the attorney for the co-defendant and I were able to point out that the victim’s testimony that our clients were the ones who shot him was not trustworthy in any way. We found quite a few contradictions in his testimony. After hearing all of the evidence, the judge found both of our clients NOT GUILTY.

Voluntary Dismissal of Felonious Assault And Domestic Violence Charges

In July 2013, I defended a client in Hamilton County Common Pleas Court who was charged with Felonious Assault and Domestic Violence. The mother of his children made allegations that he attacked her, causing her arm to be broken. I was able to obtain a video of the incident from cameras in the parking lot of the apartment complex where this occurred that showed that the accuser’s allegations were completely false. After viewing this video, the prosecutors dismissed the charges against my client.

Successful Defense Against A Civil Protection Order

In April 2016, I defended a client in a civil protection order case in Hamilton County Common Pleas Court that involved some very horrifying allegations. My investigation of the case included a thorough examination of cell phone records, and I was able to use all of this to cast substantial doubt on the petitioner’s story. In court, I was even able to get the petitioner to make some admissions that were very helpful to my client’s case. When the petitioner’s presentation was concluded, the court ruled in favor of my client and denied the request for a civil protection order.

Successful Plea Deal And Reduced Charges

In November 2017, I defended a client charged with Aggravated Robbery and Robbery in Hamilton County Common Pleas Court. The prosecuting witness had told the police a story that my client followed him to a convenience store in a separate vehicle, followed him to another location, and beat him up and robbed him. With the help of an investigator, I obtained a video from the convenience store that showed my client and the prosecuting witness arriving together in my client’s car and walking in together, with the prosecuting witness even holding the door open for my client.

On the day of trial, I presented this video to the prosecutor and the police officers involved, and the prosecutor reduced the charges to misdemeanor assault and misdemeanor theft. My client agreed to take this plea deal and was sentenced to time served.

Successful Avoidance Of Death Penalty

In April 2018 I was co-counsel on a death penalty case in Butler County Common Pleas Court. Although the client was convicted of capital murder, with the help of an investigator we were able to present very compelling testimony from family members for mitigation in the penalty phase of the trial. Because of this mitigation, we were able to persuade the jury not to recommend a death sentence for our client.

Not Guilty: Felony Domestic Violence And Burglary

In May 2021, I defended a client charged with Burglary and felony Domestic Violence in Hamilton County Common Pleas Court. The allegations were that he forced his way into the apartment of his ex-girlfriend and assaulted her. They have a 10-year-old daughter together. I had a cell phone video from my client, and the accuser was also very inconsistent with her testimony about the incident (there were significant inconsistencies between what she told the officer and what she said on the stand). She also tried to say that my client wasn’t in their daughter’s life at all, but I was able to bring out on cross-examination that she knew of their daughter and my client having contact. I also got the accuser to admit on cross-examination that she initiated any physical contact that occurred by trying to take my client’s cellphone away from him while he was recording and that she was basically using force. After hearing all of the evidence, the judge found my client NOT GUILTY.

Not Guilty By Reason Of Insanity For Robbery

In March 2022 I defended a client charged with Robbery in Hamilton County Common Pleas Court who was found NOT GUILTY BY REASON OF INSANITY (NGRI). My client knocked the victim off his bicycle and rode away with it. When I first met my client in the holding area before his first bond hearing, he was catatonic. His mom was there and told me that he is schizophrenic and was past due for his long-acting injectable medication. The judge released my client on his own recognizance with the conditions of house arrest and getting his long-acting injectable medication. A little less than two weeks after my client got this shot, my client and I were able to have a normal conversation.

Because my client’s condition had greatly improved after he received his injectable medication, I did not see the need to have his competency checked. I initially tried to use the mental health information to try to obtain a more favorable plea deal, but the prosecutor wanted my client to plea to a felony and serve time. Because of this, I filed the NGRI plea.

After the report from a psychologist came back saying that my client met the criteria for NGRI, the prosecutor chose not to contest it. Because my client had showed up for his scheduled evaluations and was compliant with his mental health care (making appointments and complying with his medication regime), the judge chose not to remand him to a psychiatric hospital for his evaluation regarding the least restrictive placement. After this evaluation, the judge placed my client on Conditional Release for up to 8 years.

Voluntary Dismissal Of Shooting And Gun Possession Charges

In March 2023 I defended a client in Hamilton County Common Pleas Court who was charged with Felonious Assault with gun specifications, Discharge of a Firearm On or Near a Prohibited Premises, and Having Weapons While Under Disability. My client was facing mandatory prison time and more than 20 years in prison. As the case progressed, a video was produced showing that the alleged victim started the whole incident by approaching and shooting at my client’s friend. As this friend ran towards the vehicle that my client was in, the alleged victim ran after him and shot at the vehicle, and someone in the vehicle shot back. My client was also shot, and from the video it was undeterminable who shot back from the vehicle and who had a gun. Before the video surfaced, the alleged victim told police a story that was completely contradicted by the video. He used his story to position himself as a cooperating witness in exchange for consideration for his own charges from this incident. I used this mountain of information to push my client’s side of the case, and I was able to obtain a dismissal at the request of the prosecutor and save my client from a lengthy prison sentence.

Not Guilty: DUI And Stopping After Accident

In September 2023, I defended a client in Hamilton County Municipal Court who was charged with DUI and Stopping After Accident. My client had hit another vehicle in a parking lot, and he parked 50 to 60 feet away to wait for the police because the other driver’s friends became aggressive. I was able to show from the officer’s testimony that my client displayed no coordination or speech issues (which are key signs of impairment) at the scene or at the police station. My client displayed no coordination issues, he was alert and oriented, he had no issues with his speech, and he had been able to back his vehicle straight into a parking space with a flat tire. The other driver’s testimony also directly contradicted the officer’s testimony regarding physical signs of impairment. In order to believe the other driver’s testimony that my client was stumbling drunk, the judge would have had to either believe that my client had completely sobered up by the time the officer arrived at the scene, about 10 to 15 minutes after the police were called, or believe that the officer was lying when he testified that he observed no coordination or speech issues with my client at the scene. After hearing all of the evidence and reviewing our written closing arguments, the judge found my client NOT GUILTY.

Voluntary Dismissal Of Unauthorized Use Of a Vehicle and Unauthorized Use Of Property Charges

In March 2024, I defended a case in Warren County Common Pleas Court that involved Unauthorized Use of a Vehicle and Unauthorized Use of Property, a felony and a misdemeanor. My client had been accused of using his ex-girlfriend’s vehicle without her permission. The police never checked the title records of the vehicle to corroborate the accuser’s story or verify who was the legal owner, and we had paperwork that helped our case. After doing some further investigation, prosecutors agreed to dismiss the charges.