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O'Shea & Associates, Co., L.P.A.
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O'Shea & Associates, Co., L.P.A.
Michael O'Shea

19300 Detroit Road
Suite 202
Rocky River OH 44116
(800) 529-1966

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Fax: (440) 331-5401


O'Shea & Associates, Co., L.P.A.

Please Call: 800-542-5384


We address all important legal needs both during and after business hours, providing a 24/7 response.

We never close.

We know that clients always want both their rights and their financial interests protected.

We know both the law and the courthouses.  We are there almost every day.

Our Office

O'Shea & Associates Co., L.P.A.

Beachcliff Market Square

19300 Detroit Road - Suite 202

Rocky River, OH  44116

Mr. O'Shea has been a licensed attorney 20 years, and has significantly concentrated his practice in the general area of personal injury, criminal justice (with a specific concentration in DUI/OVI/traffic defense), domestic relations and general business litigation. Mr. O'Shea is a former felony prosecutor, and still serves as the City Prosecutor in a Cleveland suburban community (where he prosecutes DUI/OVI/traffic matters).

Please Call: 800-542-5384


 

Michael J. O’Shea is the current principal and owner of the Lipson O’Shea Legal Group.  Prior to joining with Mr. Lipson, Mr. O’Shea ran his own successful solo legal practice in the general areas of personal injury (including the prosecution of lead paint poisoning cases), criminal justice (with a specific concentration in DUI/OVI/traffic defense), domestic relations and small business litigation..  Mr. O’Shea and his legal team continue the value, loyalty and tradition of Lipson O’Shea’s reputation with clients and their families.

Mr. O’Shea has been a licensed attorney for 24 years, is a former felony prosecutor for Cuyahoga County, and still serves as the City Prosecutor in a Cleveland suburban community (where he prosecutes DUI/OVI/traffic and misdemeanor matters).

Mr. O’Shea has been a presenter for a number of local continuing legal education programs on the subject of DUI defense and prosecution.  The programs are designed to educate lawyers who need or want to learn more about this subject.   Mr. O’Shea is currently the president of the Northeastern Ohio Municipal Prosecutor’s Association, an association of the municipal prosecutors in the northeastern portion of Ohio.     Mr. O’Shea is also currently a trustee in the West Shore Bar Association, a legal association of lawyers in the western suburbs of Cuyahoga County Ohio.

Mr. O’Shea is also a proud board member with Our Lady of the Wayside, an organization which serves a number is mentally disadvantaged children and adults in Northern Ohio -and you all should give to this great organization when you can.  Mr. O’Shea is also a disaster action team volunteer with the Greater Cleveland Chapter of the American Red Cross – and you all should also give to this great organization when you can.

Please Call: 800-542-5384

Please Call: 800-542-5384

ARRESTED?

Please Call: 800-542-5384

There is much debate among attorneys on what a person should do and not do once arrested for a DUI offense. Some attorneys are of the opinion that the DUI arrestee should never submit to any medical or medical tests which attempt to measure the presence of alcohol.

These attorneys (and some judges) believe that to do so is a complete waiver of one's Fifth Amendment rights to remain silent. However, a refusal to submit to those tests will result in an automatic suspension of your driver's license - regardless of whether or not you were over the legal limit or actually under the influence.

It is our firm's experience that one should always consult with an attorney before taking the test. However, given the time of day that most arrests take place (i.e. late at night) the ability to consult with any attorney will be compromised.

If the delay between the request (by the police) and the time you make the decision to take the test is too long, the law will presume you have refused the test. Thus, make sure the attorney you desire to consult with has a 24 hour consult phone contact. Our firm has such a line.

Our Mission

Please Call: 800-542-5384

We address all important legal needs both during and after business hours.  We provide a 24/7 response.  We never close.  

We know that clients always want both their rights and their financial interests protected.

We know both the law and the courthouses.  We are there almost every day. 

 

Criminal Law

 
 

Please Call: 800-542-5384

          

Most criminal prosecutions commence upon the arrest of the accused (or the Defendant). Most often the arresting agency is a city police department, or, in the case of a federal prosecution, one of the federal agencies such as the FBI, the DEA or the IRS. These agents usually have the discretion to detain the defendant until a court can set a bond, or these agents can release the defendant upon the defendant's own recognizance. However, just because a person has been arrested does not mean the arresting agency will actually charge the person. The decision to charge the person is usually made by the arresting agency consulting with the prosecuting attorney.
 



 

"Arraignment"           
 

After the defendant has been arrested, he must be arraigned. Arraignment is the first official court action against the defendant. The legal purpose of an arraignment is to officially read the charge to the defendant, to permit the defendant to enter a plea (e.g. guilty, not guilty or no contest) to the charge, and to have the court set a bond. If the defendant is in custody, the arraignment must take rather quickly. In Ohio, the judge has the ability to set a number of types of bonds and conditions for pretrial release. The purpose of the bond is to assure the attendance of the defendant at his trial. The judge can set (i) a cash bond, (ii) a cash/surety bond, (iii) a ten percent bond or (iv) a personal bond. A cash bond requires the defendant to post the entire cash amount set by the judge. A cash/surety bond requires the defendant to either post the cash amount or utilize the services of a bondsman. If the defendant has sufficient collateral and does not appear to be a flight risk, a bondsman will post a promissory note with the court (on behalf of the defendant) for the full amount of the bond. In return, the bondsman is paid a one-time fee equaling approximately ten percent of the set bond amount - a fee which the bondsman keeps forever. A ten percent bond requires the defendant (or a family member or friend) to post just ten percent of the bond with the court, with the other 90% to be due to the court if the defendant fails to appear for trial. If the defendant appears for all court proceedings, the defendant will be entitled to the ten percent back from the court. A personal bond does not require the defendant to pay anything to a bondsman or to the court, and assumes that the defendant, basically on his honor, will appear for all portions of the court process.
 


"Pretrial"                      
 

Most, but not all, judges will set what is called a "pretrial" in the criminal prosecution process. The use of the word "trial' in the term "pretrial" is technically misleading in that there is really no official court proceeding at all. A pretrial is basically just an informal meeting between the prosecutor and the defendant's attorney to discuss the facts of the case and a possible plea arrangement. In almost all cases, the defendant must be present on this court date. If the prosecutor and the defense attorney reach a plea arrangement, the judge will go on the bench and officially take the plea and, in most cases, refer the defendant to the appropriate probation department for a presentence investigation. However, if the judge chooses to do so, he may sentence the defendant immediately after the plea.
 


Trial!!       

If the defense attorney and the prosecutor are unable to reach a plea arrangement, the defendant will have to take his chances at trial. The defendant can chose whether he wants a jury trial or a bench trial. A bench trial is where there is no jury and the judge renders the verdict (as well as controls the trial process). In Ohio, a jury trial in a state prosecution consists of twelve jurors. All twelve jurors must reach the exact same decision in order for there to be a "verdict." The prosecution will present the prosecution's case first (often referred to as the prosecution's "case-in-chief"). They will do so primarily through the testimony of witnesses and the admission of exhibits. The defense attorney will be able to cross-examine each of the prosecution's witnesses and will challenge the admission of certain exhibits into evidence. After the prosecution has presented its case-in-chief, the defendant will present his case (often referred to as the "defendant's case"). The defendant will also present his case through testimony of witnesses and the admission of exhibits. As with the prosecution's case-in-chief, the prosecutor will be able to cross-examine the defendant's witnesses and will challenge the admission of certain defense exhibits. All of the witness testimony and admission of exhibits are strictly controlled by a specific set of rules (which the judge, the prosecutor and the defense attorney will know from experience and study). The length of the trial depends entirely upon the type of case involved. Some cases can take less than a day while others can take months.
 



                                                                                              Cuyahoga County Jail   

Sentencing!!              
 

State prosecution                                                                        

In a state prosecution, in the event the defendant is convicted after a trial, or in the event the defendant enters a plea to a reduced charge, the court will have the option of either (i) sentencing the defendant right away or (ii) ordering a presentence investigation and setting the sentencing for a few weeks later. Sometimes the defendant, the prosecution and the judge, as part of a plea arrangement, have all agreed to a specific sentence, and that sentence will (usually) be imposed right after the plea. If the judge orders a presentence investigation, the presentence investigation will most likely be completely conducted by the appropriate probation department. The probation department will in almost all instances prepare a written report for the judge and (usually) the defense attorney to read. On the sentencing date, the defense attorney will highlight the good points of the report and will dispute the bad points. The judge will then render the sentence. The judge can order the defendant to serve time in prison, or the judge can place the defendant on what is commonly referred to as "probation."

Under a new set of sentencing laws which went into effect in July of 1996, the trial judge has the ability to set a wide range of a sentence, and can further order that the defendant be on "post-release control" (i.e. probation) for a period of time after the sentence is over. Further, under the new law, the length of the defendant's sentence can no longer be cut back by the prison officials if the defendant/inmate exhibits "good behavior" (under the old law this was referred to as "good time"). Instead, the defendant/inmate's sentence can actually be increased if the defendant exhibits bad behavior (under the new law this is referred to as "bad time").
 

Federal prosecution

Sentencing in a federal prosecution can be very complicated. This is because the United States Congress passed what are called "Sentencing Guidelines" into effect about ten years ago. These extremely complicated

guidelines severely control the discretion of the judge in setting the sentence. After a defendant enters a plea, or after the defendant is found guilty, the probation department will prepare a lengthy sentencing report which will indicate what the "guideline" sentence range is. Because the "Sentencing Guidelines" are so complicated, any disputes as to the proper application of the "Sentencing Guidelines" will involve a formal hearing that can actually appear similar to a trial itself.

 

Please Call: 800-542-5384

Attorney Profile

800-529-1966

Mr. O'Shea has been a licensed attorney 20 years, and has significantly concentrated his practice in the general area of personal injury, criminal justice (with a specific concentration in DUI/OVI/traffic defense), domestic relations and general business litigation. Mr. O'Shea is a former felony prosecutor, and still serves as the City Prosecutor in a Cleveland suburban community (where he prosecutes DUI/OVI/traffic matters).

800-529-1966

Profiles

Please Call: 800-542-5384

Ronald M. Lipson (1935-2011).  Ronald Lipson was the founding member/partner of the Lipson O’Shea Legal Group.   Mr. Lipson dedicated his entire half-decade legal career to serving and protecting the rights of injured persons in Ohio.   Mr. Lipson’s client loyalty and humble/friendly demeanor predominated his practice in a time when other lawyers and law firms turned to modern forms of media to promote their legal practices.   Generations of Ohio families turned to Mr. Lipson when their loved ones were injured.

Michael J. O’Shea is the current principal and owner of the Lipson O’Shea Legal Group.  Prior to joining with Mr. Lipson, Mr. O’Shea ran his own successful solo legal practice in the general areas of personal injury (including the prosecution of lead paint poisoning cases), criminal justice (with a specific concentration in DUI/OVI/traffic defense), domestic relations and small business litigation..  Mr. O’Shea and his legal team continue the value, loyalty and tradition of Lipson O’Shea’s reputation with clients and their families.

Mr. O’Shea has been a licensed attorney for 24 years, is a former felony prosecutor for Cuyahoga County, and still serves as the City Prosecutor in a Cleveland suburban community (where he prosecutes DUI/OVI/traffic and misdemeanor matters).

Mr. O’Shea has been a presenter for a number of local continuing legal education programs on the subject of DUI defense and prosecution.  The programs are designed to educate lawyers who need or want to learn more about this subject.   Mr. O’Shea is currently the president of the Northeastern Ohio Municipal Prosecutor’s Association, an association of the municipal prosecutors in the northeastern portion of Ohio.     Mr. O’Shea is also currently a trustee in the West Shore Bar Association, a legal association of lawyers in the western suburbs of Cuyahoga County Ohio.

Mr. O’Shea is also a proud board member with Our Lady of the Wayside, an organization which serves a number is mentally disadvantaged children and adults in Northern Ohio -and you all should give to this great organization when you can.  Mr. O’Shea is also a disaster action team volunteer with the Greater Cleveland Chapter of the American Red Cross – and you all should also give to this great organization when you can.

 

Areas of Expertise

Please Call: 800-542-5384

Personal Injury

What is a “Tort”?
Generally speaking, a “tort” is an injury one person or entity inflicts (accidentally or intentionally) upon another. When one person commits a tort upon another, the injured person is entitled to remedies under the law. Generally, these remedies can include monetary compensation and restraining orders. The person who brings the lawsuit is called the “plaintiff,” and the person who is sued is called the “defendant.” The area of tort law is often referred to as “personal injury” law (although this is not altogether a completely accurate term). Most torts involve, in some part, the doctrine of “negligence.” The concept of negligence can generally be describes as (i) the failure of one person to act in way we would expect that person to do under the circumstances and (ii) an injury which results from that failure.

Types of Torts
In Ohio, there are a number of different types of torts. Here is a short list of the most common.

Automobile Accidents. These types of torts involve all of the personal injuries one can receive in an automobile accident. Generally, one driver causes an accident which injures (or sometimes kills) others (e.g. his passengers, people in another automobile or pedestrians).

Premises Liability. These types of torts involve injuries one can receive from the condition of a particular parcel of property, mostly due to the failure of the property owner to keep the condition of the property in a safe condition. Two common examples of these types of torts include (i) a “slip and fall” accident and (ii) an injury one receives from a crime committed on another’s property (e.g. being mugged or assaulted in a private parking garage where the owner of the garage knew that people were getting mugged all the time – and did nothing to prevent further muggings) .

Malpractice. These types of torts involve injuries one can receive due to the mistake of a licensed professional (i.e. a doctor, a lawyer, a dentist or a CPA). Generally, these types of torts require the “expert” testimony of a professional (e.g. another doctor in a medical malpractice case).

Products Liability. These types of torts involve injuries one can receive from a “product” such as a machine, medical device or a prescription drug. The injured person must prove that the product in question was improperly designed, constructed or packaged (without the proper warnings or instructions) – without the proper regard for the damage it could cause to a human being. See also a web page dedicated to products liability discussion: www.productslaw.com.

Defamation/Invasion of Privacy. These types of torts involve injuries one can receive from something another says or writes which is untrue, malicious and/or private. These defamation torts include (i) slander (spoken word), (ii) libel (written word) and (iii) invasion of privacy (making something public which was and should have remained very private).

Assault and Battery. These types of torts generally involve one person physically attacking another person. These are also sometimes called “intentional torts” to distinguish them from most other torts (which usually involve an accident resulting from another’s mistake or lack of care).

Fraud. This is also another type of intentional tort. This involves one person lying, misrepresenting or concealing an important piece of information from another person in order to get that other person to do or refrain from doing something. In short, a plaintiff is tricked by the fraudulent act of the defendant.

Types of Damages
In most tort cases, the plaintiff is seeking damages (i.e. money). Generally speaking, there are two major categories of damages a plaintiff can recover in a personal injury case: (i) compensatory damages and (ii) punitive damages. See also a web page dedicated to damages:
Damages Law Materials.

“Compensatory damages” are designed to “compensate” the plaintiff for what the plaintiff has lost or endured (e.g. medical bills, lost wages, lost income, physical pain and suffering and mental/emotional pain and suffering) as the result of the defendant’s actions.

“Punitive damages” are designed to punish the defendant for his actions. However, punitive damages are only awarded in extraordinary situations where the plaintiff proved that the defendant acted with malice or intent – negligence is not enough. The law permits punitive damages in order to discourage similar acts in the future by the same defendant or other persons. Punitive damages are usually awarded in cases involving fraud, bad faith or intentional acts. However, in order to get any punitive damages in Ohio, the plaintiff must be awarded at least some compensatory damages.

Some tort cases also seek what the law calls “injunctive relief.” Injunctive relief involves a court order requiring or preventing the defendant from doing or continuing to do a certain act. This type of relief includes such things as temporary restraining orders and permanent injunctions. A plaintiff can request both injunctive relief as well as monetary damages in the same lawsuit.

What to do after an accident…
You don’t always have to contact an attorney immediately after a personal injury accident. However, there are some things you simply have to do.

First, make sure an accurate and immediate record is made of the incident. For instance, if there has been an automobile accident, call the police and insist on making a police report, and feel free to take your own photographs. If there was an accident on the property of another, get the names of the persons who were witnesses to the accident and get the names of the owners and managers of the property, and again, take photographs. This documentation will always be invaluable later when you have to deal with insurance adjusters or lawyers for the defendants.

Second, if you are in any discomfort, see a medical provider right away. These medical providers will generate medical records to document your pain and medical treatment. If you try to tough it out, you risk going untreated and making your recovery prolonged, and you invite insurance adjusters to question whether you were really hurt in the first place.

Third, don’t sign anything presented to you by the insurance adjuster or the defendant until you feel you have completely recovered from your injuries and the doctor has told you have recovered and you have consulted with legal counsel about your rights and the true value of your inury. If you sign a release and later discover that the accident caused a much more serious injury, you are very likely to be barred from seeking any further recovery from that defendant.

Fourth, make sure that any settlement from the defendant or the insurance company includes money for such things as pain and suffering, lost wages and any other loss you know (and can prove) was related to the injury.

Please Call: 800-542-5384

Criminal Defense

 

Please Call: 800-542-5384

Arrest
Most
criminal prosecutions commence upon the arrest of the accused (or the Defendant). Most often the arresting agency is a city police department, or, in the case of a federal prosecution, one of the federal agencies such as the FBI, the DEA or the IRS. These agents usually have the discretion to detain the defendant until a court can set a bond, or these agents can release the defendant upon the defendant's own recognizance. However, just because a person has been arrested does not mean the arresting agency will actually charge the person. The decision to charge the person is usually made by the arresting agency consulting with the prosecuting attorney.

Arraignment
After the defendant has been arrested, he must be arraigned. Arraignment is the first official court action against the defendant. The legal purpose of an arraignment is to officially read the charge to the defendant, to permit the defendant to enter a plea (e.g. guilty, not guilty or no contest) to the charge, and to have the court set a bond. If the defendant is in custody, the arraignment must take rather quickly. In Ohio, the judge has the ability to set a number of types of bonds and conditions for pretrial release. The purpose of the bond is to assure the attendance of the defendant at his trial. The judge can set (i) a cash bond, (ii) a cash/surety bond, (iii) a ten percent bond or (iv) a personal bond. A cash bond requires the defendant to post the entire cash amount set by the judge. A cash/surety bond requires the defendant to either post the cash amount or utilize the services of a bondsman. If the defendant has sufficient collateral and does not appear to be a flight risk, a bondsman will post a promissory note with the court (on behalf of the defendant) for the full amount of the bond. In return, the bondsman is paid a one-time fee equaling approximately ten percent of the set bond amount - a fee which the bondsman keeps forever. A ten percent bond requires the defendant (or a family member or friend) to post just ten percent of the bond with the court, with the other 90% to be due to the court if the defendant fails to appear for trial. If the defendant appears for all court proceedings, the defendant will be entitled to the ten percent back from the court. A personal bond does not require the defendant to pay anything to a bondsman or to the court, and assumes that the defendant, basically on his honor, will appear for all portions of the court process.
 
Pretrial
Most, but not all, judges will set what is called a "pretrial" in the
criminal prosecution process. The use of the word "trial' in the term "pretrial" is technically misleading in that there is really no official court proceeding at all. A pretrial is basically just an informal meeting between the prosecutor and the defendant's attorney to discuss the facts of the case and a possible plea arrangement. In almost all cases, the defendant must be present on this court date. If the prosecutor and the defense attorney reach a plea arrangement, the judge will go on the bench and officially take the plea and, in most cases, refer the defendant to the appropriate probation department for a presentence investigation. However, if the judge chooses to do so, he may sentence the defendant immediately after the plea.
 
Trial
If the defense attorney and the prosecutor are unable to reach a plea arrangement, the defendant will have to take his chances at trial. The defendant can chose whether he wants a jury trial or a bench trial. A bench trial is where there is no jury and the judge renders the verdict (as well as controls the trial process). In Ohio, a jury trial in a state prosecution consists of twelve jurors. All twelve jurors must reach the exact same decision in order for there to be a "verdict." The prosecution will present the prosecution's case first (often referred to as the prosecution's "case-in-chief"). They will do so primarily through the testimony of witnesses and the admission of exhibits. The defense attorney will be able to cross-examine each of the prosecution's witnesses and will challenge the admission of certain exhibits into evidence. After the prosecution has presented its case-in-chief, the defendant will present his case (often referred to as the "defendant's case"). The defendant will also present his case through testimony of witnesses and the admission of exhibits. As with the prosecution's case-in-chief, the prosecutor will be able to cross-examine the defendant's witnesses and will challenge the admission of certain defense exhibits. All of the witness testimony and admission of exhibits are strictly controlled by a specific set of rules (which the judge, the prosecutor and the defense attorney will know from experience and study). The length of the trial depends entirely upon the type of case involved. Some cases can take less than a day while others can take months.


Sentencing

State prosecution
In a state prosecution, in the event the defendant is convicted after a trial, or in the event the defendant enters a plea to a reduced charge, the court will have the option of either (i) sentencing the defendant right away or (ii) ordering a presentence investigation and setting the sentencing for a few weeks later. Sometimes the defendant, the prosecution and the judge, as part of a plea arrangement, have all agreed to a specific sentence, and that sentence will (usually) be imposed right after the plea. If the judge orders a presentence investigation, the presentence investigation will most likely be completely conducted by the appropriate probation department. The probation department will in almost all instances prepare a written report for the judge and (usually) the defense attorney to read. On the sentencing date, the defense attorney will highlight the good points of the report and will dispute the bad points. The judge will then render the sentence. The judge can order the defendant to serve time in prison, or the judge can place the defendant on what is commonly referred to as "probation."

Under a new set of sentencing laws which went into effect in July of 1996, the trial judge has the ability to set a wide range of a sentence, and can further order that the defendant be on "post-release control" (i.e. probation) for a period of time after the sentence is over. Further, under the new law, the length of the defendant's sentence can no longer be cut back by the prison officials if the defendant/inmate exhibits "good behavior" (under the old law this was referred to as "good time"). Instead, the defendant/inmate's sentence can actually be increased if the defendant exhibits bad behavior (under the new law this is referred to as "bad time").
 

Federal prosecution
Sentencing in a federal prosecution can be very complicated. This is because the United States Congress passed what are called "Sentencing Guidelines" into effect about ten years ago. These extremely complicated guidelines severely control the discretion of the judge in setting the sentence. After a defendant enters a plea, or after the defendant is found guilty, the probation department will prepare a lengthy sentencing report which will indicate what the "guideline" sentence range is. Because the "Sentencing Guidelines" are so complicated, any disputes as to the proper application of the "Sentencing Guidelines" will involve a formal hearing that can actually appear similar to a trial itself.

Please Call: 800-542-5384


Rocky River OH Criminal Defense Attorney

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