Hiltner.esq@gmail.com

Mobile : (330) 475-3164

Office : (330) 253-7171

Fax : (330) 253-7174

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Hiltner Law, ltd.

The Delaware Building

137 King James Way, Ste 201

Akron, OH 44308

Website Design by Joe Parker      |      www.jparkerdesign.com

-  C A S E   R E S U L T S  -

JAN

'19

 

January 2019 - Not Guilty on OVI

 

A 63 year old woman in poor physical health was involved in a traffic accident while driving her disabled husband from dinner at about 7pm this past summer. Both cars were totaled by the force of the impact. The arresting officers mistook her disorientation from the accident for intoxication and charged her with causing the accident and a DUI. Our client admitted she was at fault for the accident, but maintained for the last six months that she was not intoxicated and hadn't been drinking. We were honored that she put her trust in us to tell her story to the jury. The officers testified that she failed the field sobriety tests, had slurred speech, red-bloodshot-glassy eyes, strongly smelled of alcohol, and refused the breathalyzer test. Hiltner explained to the jury that in order for them to find our client guilty, they'd have to believe that a loving spouse who retired to take care of her severely ill husband, would put his life in danger by drinking and driving. The jury agreed with us and she was not only found not guilty of the DUI, but also not guilty of causing the accident entirely.

June 2018 – 1st and 2nd Degree Felonies – Not Guilty Verdicts

 

A 40-year-old Delaware County, Ohio man was charged with assaulting, raping, and kidnapping his wife in 2005. Hiltner was brought in to help try the case by local counsel.  This case was originally dismissed in 2005, only to be reopened 11 years later in 2016. These charges rested on the word of the alleged-victim wife and local police officers. If convicted, Hiltner’s client could have faced over 30 years in prison. Hiltner faced a potential roadblock with a jury of 9 women and only 3 men. During the four-day trial, Hiltner presented evidence of witness dishonesty and faulty investigation and advocated passionately for his client. This ultimately led the jury to find Not Guilty verdicts on all felony charges. Out of the 30 years in prison he was facing, he received ZERO.

 

JUN

'18

 

MAR

'18

 

March 2018 : 2nd Degree Felony Drug Trafficking Case - Defendant granted Diversion

Hiltner Law was hired after a 21 year old man with no criminal record was arrested for Drug Trafficking in the vicinity of a Juvenile, a 2nd degree felony carrying a minimum sentence of 3 years in prison, after a package containing drugs arrived at his house from California. After unsealing the search warrant affidavit and exposing a critical flaw in the search of the package, and filing a Motion to Suppress, our client was permitted to enter into the Court’s Drug Diversion program and pleaded to a lesser felony possession charge.  If our client successfully completes all drug testing requirement for one year, all charges against him will be dismissed and he will have no criminal record whatsoever.

 

FEB

'18

 

February 2018 : 1st Degree Felony Drug charges dismissed

 

A young male was the passenger in another man’s car.  The driver of the car stopped at a home to pick up a package.  Moments later the DEA and local law enforcement arrested the men and charged them with 1st Degree Felony Aggravated Drug Trafficking, with a Major Drug Offender Specification (MDO).  The package contained 16 pounds of meth from California.  The young passenger, with no criminal record whatsoever, if convicted, would have to serve a mandatory 11 years in State prison.  Hiltner Law was hired.  After unsealing the search warrant affidavits, filing a detailed Motion to Suppress exposing several flaws in the State’s case, and showing to the State the complete lack of any evidence against our client, all charges were dismissed by the State.

 

JAN

'18

 

January 2018 : Child pornography charges completely dismissed

 

A middle-aged Ohio man was charged with sending a picture of his genitals to a “15 year-old girl” in West Virginia using his computer.  The “15 year old girl” was actually an officer posing as a young girl.  The case took place in West Virginia.  Hiltner was hired, as he’s licensed in both state and federal court in West Virginia.  The man faced a sentence of anywhere from 0-5 years in Prison and up to a $25,000 fine.  Also, if convicted, the man would have to register for life as a sex offender.  After less than one month on the case, Hiltner found a crucial flaw in the State’s case and all charges had to be dismissed against the man.

 

DEC

'17

 

December 2017 : Not Guilty Verdict on DUI/OVI

 

Hiltner represented a young doctor on an allegation that the man had been drinking and driving.  If convicted, the young doctor could have suffered serious career repercussions.  During the stop, the man admitted to having several drinks, performed all field sobriety tests, and was arrested.  At the station, the doctor refused to submit to an alcohol test.  At trial, the trooper admitted, after Hiltner showed him his own video of the stop, that all of the tests he administered to the doctor were not done in compliance with his training.  Again, after being confronted with the video, the trooper admitted that the young doctor actually passed most of the field sobriety tests.  Hiltner put on no witnesses or testimony.   The Court reached a Not Guilty finding instantly.  

 

December 2017 : DUI/OVI charges completely dismissed

 

A young woman was charged with her 4th lifetime OVI.  She was pulled over for driving the wrong way on the freeway.  A police officer observing the young woman immediately pulled her over.  The woman admitted to drinking, taking prescription medications, failed all field sobriety tests, and refused a breath and chemical test.  The young woman was adamant that she wasn’t intoxicated and refused to accept any plea deals.  Hiltner prepped fully for trial and showed up the morning of the trial with the young woman.  However, instead of proceeding to trial, the State chose to dismiss all charges instead of risking trial.  

 

December 2017 : DUI/OVI charges completely dismissed

 

A young professional was pulled over in the early morning hours for a report of an intoxicated driver.  Several vehicles had reported the vehicle due to reckless driving to authorities before she was finally stopped.  During the stop, the woman admitted to drinking several drinks.  She also failed all field sobriety tests.  She had also just been convicted of an OVI/DUI less than 6 months prior to this stop.  She was facing a minimum of 30 days in jail, losing her children, job, etc. Hiltner worked up the case and found several crucial weaknesses in the State’s case.  Less than one month after Hiltner was hired all charges were dismissed against the woman except for a minor traffic infraction which resulted in a small fine.   

 

OCT

'17

 

October 2017 : Domestic Violence Charges Dismissed

 

Hiltner was retained to represent a man who had caught his fiancé in a compromising position in their home with another person.  The man allegedly strangled his fiancé and assaulted her.  Due to the seriousness of the allegations, he was charged with Domestic Violence.  The case could have massive consequences for the man, as he was on felony probation.  After revealing  numerous weaknesses in the Prosecutor’s case, they dismissed all charges against the man. 

 

October 2017 : Domestic Violence Charges Dismissed

 

We were trusted with a domestic violence case between a mother and her mentally ill daughter.  The Daughter allegedly pulled a gun on her mother during a mental break from reality and the police were called to control the daughter while she could be helped for her mental condition.  Instead, the Prosecutors and police decided to charge the daughter with Domestic violence and take her to jail, not to the hospital.  After several months of negotiations and a pending trial looming, the Prosecutors dismissed all charges against the daughter and listening to Hiltner who was adamant that this was a medical emergency, not a crime. 

 

October 2017 : Another Not Guilty verdict

Hiltner had the privilege of representing a 25 year old young professional, pursuing his Master’s degree, who was also a high school wrestling and football coach.  The young man was charged with an OVI (DUI), and his future and freedom depended on the outcome of this charge.  The prosecutor would only offer a minor reduction, with no guaranteed sentence.  If convicted, he would have likely received anywhere from 30-180 days in jail, lost his coaching job, and be kicked out of his Master’s degree program.  The only option was a jury trial. Hiltner had to tell a compelling and sensitive story as the key defense to the case was that the young man, an African American, was racially profiled and treated unfairly by the white state trooper.  Hiltner sold this argument to an all-white jury in a rural Ohio farming county.  After a 10 hour trial, the jury took just over an hour to find the young man NOT GUILTY.

 

AUG

'17

 

August 2017 : DUI reduced to Failure to Control

 

Young business professional and well-respected member of the community was stopped and cited for an OVI (DUI).  His career, livelihood, and reputation hung on the outcome of this case, so Hiltner was trusted to handle it.  After months of negotiations and a pending Motion to Suppress and Motion to Dismiss filed by Hiltner, the Prosecutor agreed to amend the OVI charge to a minor misdemeanor charge of Failure to Control a vehicle for a minimal fine. 

 

August 2017 : Complete Dismissal

 

Hiltner was hired to represent a step-father and mother in a charge that the step-father committed an act of domestic violence against his 10 year old son.  The step-father was facing 6 months in jail.  The step-father had been the child’s real father since birth, raised him, provided for him, and considers him his son.  In turn, the son refers to his step-father simply as “Dad”.  However, the child’s biological father saw a bruise on the child’s eye during a scheduled visitation and turned the matter over to the police.  The bruise under the child’s eye was a result of the 10 year old’s 6 year old’s brother’s head hitting him in the face, the 10 year old stated that was the cause, and the child’s birth mother and step-father stated as much as they witnessed the accident.  However, the biological father filed for temporary custody, removed the child from his home and essentially stole custody of his son from our client based on false allegations.  Through thorough preparation of the case, including witness statements, subpoenas, and expert opinions, Hiltner was able to convince the prosecution to dismiss all charges on the day of trial, with prejudice, meaning the father could never be charged for the incident again. 

 

August 2017 : DUI reduced to Headlight Violation

 

A young college female was stopped for an OVI near her college campus.  The young woman was pursuing a career field in college where if she was convicted of the charge it would severely limit her job prospects.  After extended negotiations with the Prosecutor, the Prosecutor agreed to allow the young woman to plead no contest to the minor misdemeanor headlight violation for a minimum fine. 

 

JULY

'17

 

July 2017 : Another Not Guilty verdict.

Hiltner took on the task of representing a middle-aged African American man on charges of allegedly violating a protection order that a 16 year old white female had against him.  There were several hurdles to overcome with the jury.  What happened in the past where a teenage girl requested and received  a protection order against a man 35 years older than her?  Was this the all-to-overexaggerated scenario where an older African American man was preying on a young white girl?  This was a tough case to sell to a jury of 4 women, all white, and 4 men, 3 of whom were white as well.  The State’s teenage female witnesses all testified with absolute certainty that my client was walking fast towards the young white woman and got within five feet of her, and that the alleged victim was running from him and hysterical.  However, through Hiltner’s intense cross-examination, all of the witnesses volunteered that they were “very suspicious” and “leary” of Hiltner’s client, just from looking at him.  One even went so far as to say she thought our man was breaking into her car because he was merely walking in the direction of her car.  Another young female said she took one look at our client and sprinted to the building she was going to.  Hiltner’s client was walking in broad daylight, wearing business casual clothes, and in a predominantly African American neighborhood.  However, from the moment these young suburban women saw Hiltner’s client they saw a criminal, and Hiltner convinced the jury that their admitted prejudice affected how they viewed the rest of the alleged incident.  In fact, the truth came out that Hiltner’s client, had no idea the protected woman was at the building down the street, never got within 150 feet of her to even be able to identify her, and was simply getting his haircut at his neighborhood barbershop.  After a full day of testimony, it only took the jury 20 minutes to clear Hiltner’s client of all charges, and unanimously found him NOT GUILTY.

 

MAY

'17

 

May 2017 : Another NOT GUILTY.

Hiltner had the pleasure of representing a middle-aged, blue collar man in an OVI (DUI) case over a two day period. The man had 2 prior convictions for OVI, both in the late 1980’s.  The man faced up to 6 months in jail if convicted. The video evidence looked terrible for our client, as he appeared to be unstable on his feet and driving in an erratic manner. However, Hiltner convinced the jury that the investigation was sloppy and that finding his client guilty on this investigation would make us all less free. Hiltner also convinced the jury that the poor driving and coordination were symptoms of a medical emergency, not intoxication.  After two days of deliberations, the jury came back convinced that the State didn't meet it's burden. After the trial, the jury said they wouldn't want to have their liberty taken away based on such poor evidence.  They also asked for business cards from Hiltner…

 

APR

'17

 

April 2017 :  Three jury trials in three days, ZERO convictions

 

Hiltner sought to set a new personal record this week, three not guilty verdicts in three days; however, he was never given the opportunity.  Due to Hiltner’s extensive investigation and trial preparation for each of his three clients in three different cases, all charges were dismissed prior to trial.  In fact, the day before each client’s jury trial the State dismissed all charges against all clients.  The thought of going against a time and time again proven trial attorney intimidated the State into surrendering.  Three more happy clients. 

 

FEB

'17

 

February 2017 : All Charges Dismissed.

Hiltner was trusted to represent a recovering heroin addict and father of 2 young children. The client was legally prescribed an opiate withdrawal drug, took his recommended dose (which he had been on and clean for 2 years). The day of the incident, our client took his dose, became sleepy while driving with his 8 year old son and quickly pulled over and his son ran for help. Shortly after, our client was in the hospital bed confused about what happened when an officer walked up to him and charged him with OVI and Child Endangering. He was facing up to 1 year in jail if convicted of both charges. Hiltner argued passionately that our client had an unpredictable reaction to the drug, and was not abusing his medication.  Hiltner brought in an addiction expert to assist the jury in understanding our case.

The State described our client as a drug abuser who endangered his child. Hiltner told the jury he was proud that his client was a success story and not an obituary. After a full day jury trial, the jury came back in under an hour NOT GUILTY on both charges.

 

DEC

'16

 

December 2016 

In Tuscarawas County, a father of three was charged with two counts of domestic violence, one count for allegedly striking his daughter, and one count for allegedly threatening his wife.  Max Hiltner was brought in to represent the father.  After extensive plea negotiations with the State and exposing several weaknesses in their case, the client pleaded to a misdemeanor of disorderly conduct.

 

December 2016 : Another Not Guilty Verdict.

In Huron County, A young businessman was arrested for an OVI after being stopped after lunch and admitting to drinking one beer several hours before.  With his career at stake, the man turned to Hiltner Law.  After exposing the errors in the officer’s stop of the client and his testing of the client, the client pleaded only to a speeding violation.

 

NOV

'16

 

November 2016

In Stark County, a 30-year federal employee nearing retirement was close to losing everything after his estranged wife accused him of domestic violence.  After extensive preparation, on the day of trial the prosecutor offered a greatly reduced charge of Disorderly Conduct and a fine.

 

AUG

'16

 

August 2016 : All Charges Dismissed.
In Columbiana County, two middle-aged brothers and their elderly father were charged with various felonies alleging they operated an illegal bingo hall and gambling house out of their family bar.  Max Hiltner was hired by one of the brothers when State prosecutors dug in and trial seemed imminent.  Shortly after being retained, Hiltner saw that his client’s Constitutional rights were violated during questioning by the officers. As a result, all charges were dismissed against the whole family.

 

August 2016

In Stark County, Max Hiltner and Laura Mills successfully defended a Stark County woman charged with the murder of her husband. Hiltner, who also holds the position of “Of Counsel” for a very old and reputable firm in Canton, Mills, Mills, Fiely & Lucas (MMFL), where he manages all of the firm’s criminal defense practice.  The jury trial lasted approximately two weeks and resulted in a hung jury.

 

JUL

'16

 

July 2016

In Cuyahoga County, a young professional was charged with his second OVI offense within the last six years, which would have cost the man his job and a substantial amount of his freedom.  Max Hiltner was retained and after filing a lengthy motion to suppress which greatly harmed the State’s case, the client pleaded only to failing to control his vehicle.

 

APR

'16

 

April 2016 : Another Not Guilty Verdict.
In Canton, Ohio, a hard-working young father was falsely accused by his ex-wife of assaulting her, and he was charged with domestic violence.  If convicted, he stood to lose his job, custody over his son, and his reputation.  At a jury trial, Hiltner cross examined the supposedly neutral “eye witness” and it was brought to light through phone records that the defendant’s ex-wife had staged the whole incident and planted witnesses in an attempt to gain full-custody of their child.  After less than five minutes of deliberating, the jury found the client NOT GUILTY of all charges.

 

FEB

'16

 

February 2016 : All Charges Dismissed.

In Summit County, a young man was charged with domestic violence for allegedly beating up his ex-girlfriend.  Max Hiltner represented the defendant and the case had to be tried to a jury.  After putting on the stand an eye witness that was tracked down by Hiltner who testified that the defendant never touched the alleged victim, the decision for the jury was easy.  In less than ten minutes, the jury found the young man NOT GUIILTY.

 

AUG

'15

 

August 2015 : All Charges Dismissed.
In Summit County, the defendant was charged with domestic violence for allegedly beating his girlfriend.  Interestingly, the alleged victim then signed a sworn statement days later claiming she made the whole story up and that the defendant never touched her, and that she was drunk and was mad at him because he broke up with her.  The prosecutors then charged the woman with filing a false police report, so she went back to her original story that the defendant had assaulted her.  Max Hiltner represented the defendant, and the case had to be tried to a jury.  During cross examination of the alleged victim, she admitted that she was on federal probation for stealing 200k from the federal government and that if she didn’t change her story and was convicted of filing a false police report her probation officer told her she’d go to prison for 12 years.  It didn’t take long for the jury to see the truth, after five minutes of deliberating, the jury found the defendant NOT GUILTY.

 

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