Get to Know Henderson, Mokhtari & Weatherly

Henderson, Mokhtari & Weatherly is recognized as one of the most reputable criminal and OVI defense firm in Cleveland, OH. With 20 years of experience, they have represented clients in both misdemeanor and felony cases, obtaining numerous “not guilty” verdicts and dismissed charges. Recognized in the Nation’s Top 1% of Attorneys by the National Association of Distinguished Counsel and as a founding member of the DUI Defense Lawyers Association, they are one of the top preferred choices for defense representation in Ohio. Having protected the future of thousands of clients, they are highly-respected and trusted Cleveland criminal defense attorneys. For more information, call their office for a free initial case evaluation regarding your charges. They are available 24/7.

Contact Henderson, Mokhtari & Weatherly
3238 Lorain Avenue,
Cleveland, OH 44113
Phone: 216.220.6776
https://www.totalcriminaldefenseattorneys.com/

Areas of Practice

• Criminal Defense
• OVI/DWI
• Drug Crimes
• Domestic Violence
• Sex Crimes
• Violent Crimes
• And More

Awards & Honors

• National Association of Distinguished Counsel - Nation's Top 1% of Attorneys
• National Advocacy for DUI Defense Top 100 DUI Attorneys
• The Top 100 Trial Lawyers by The National Trial Lawyers
• American Academy of Trial Attorneys Premier 100 Trial Attorneys
• 10 Best for 2015 by the American Institute of DUI/DWI Attorneys
• Avvo Clients' Choice 2014 & 2015 - Criminal Defense
• Avvo Rated 10.0 Superb

Associations

• The American Academy of Trial Attorneys - Premier 100 Trial Attorneys
• Founding member of the DUI Defense Lawyers Association
• National College for DUI Defense
• National Advocacy for DUI Defense
• Ohio Association of Criminal Defense Lawyers–Board of Directors
• Order of Barristers - National Honor Recognizing Excellence in Trial Advocacy
• Trial Lawyers of America
• Criminal Trial Lawyers Association
• Regional CLE Committee- Co-chair

Certified Training

• National Highway Traffic Safety Administration (NHTSA) Certified Training
• International Association of Chiefs of Police (IACP) Certified Training
• DWI Detection and Standardized Field Sobriety Certified Training

Education

• BA in Accounting & Finance, Ohio University
• JD from Case Western Reserve University School of Law

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Steps to Take After an Arrest

If you have just been arrested and are unsure how to best proceed, there are a few steps to follow to help ensure your rights are protected. The wrong move could severely hamper your case and chances of a good result if you go to court. Your best bet is to speak with an attorney as soon as you are arrested.

Invoke Your Miranda rights

You should be read your Miranda rights as you are being arrested. Police officers are required to explain these to you in order to protect you from incriminating yourself.  These rights include remaining silent, knowing that anything you say can be used against you in court, and the right to an attorney. You should then be asked if you understand your rights. You should do the best you can to remain silent, especially without an attorney present with you. Police can use any means at their disposal to get a confession out of you even if you are completely innocent.

Don’t Speak About Your Case While in Jail

If you are arrested and held in police custody, it would be a mistake to discuss you case with any cellmates or over the phone with your family or friends. All phone conversations are recorded and the police are ready to use anything you say against you in court.

Protect Yourself

In situations where you and one or more friends are arrested, you cannot trust them to protect you. Even your friends may be willing to say and do anything to get out of jail or obtain a plea bargain. A Cleveland criminal defense attorney can better inform you on how best to navigate life after an arrest.

Find a Bail Bondsman

Judges typically set bail for pre-trial release unless the crime you are accused of is very serious, such as first degree murder. Since the amount of bail will likely be in the thousands of dollars, most people look to a bail bondsman to post bail for a fee you can pay upfront. Bail is a form of insurance guaranteeing you will show up in court. Once you appear as planned in court, the bail is returned.

Hire an Attorney

No matter the details surrounding your charges, talk to no one about the details of your case except a qualified Cleveland criminal defense attorney who can properly advise you. This will be in your best interests, especially when it comes to build a solid, strong defense.  

Fill out the free case evaluation offered at Henderson, Mokhtari & Weatherly today and let our team defend your rights both in and out of the courtroom.

Will You Go to Jail for OVI in Cleveland?

For your first OVI conviction in Ohio, you could face up to six months of jail time, although there is a good chance you will only be given probation and a fine.  In many cases, however, you will serve a mandatory 72 hours behind bars if your blood alcohol was found to be between 0.08% and 0.17%.  There is also a mandated six day jail term that must be served for blood alcohol over 0.17%.

A second OVI offense is still a misdemeanor but a conviction means you will be serving a minimum of 10 days in prison but no more than 6 months.  You may also have to complete an alcohol treatment program. 

A third offense is either a misdemeanor or a felony depending on whether your last two OVI convictions occurred within six years leading up to your latest OVI.  If you are convicted of a felony OVI, all future OVI charges will be considered felonies as well.  Felony OVI is punishable by up to five years in state prison.  For a misdemeanor third OVI, you will spend at least 30 days in prison and up to a year at most.

A fourth OVI conviction will bring between 60 days and a year of jail time assuming there are no aggravating factors to increase the charge to a felony.

It should be noted that the look back or “washout” period is six years in Ohio.  This is the period of time a prior OVI conviction or guilty plea can be factored into an offender’s punishment. 

When a Plea Bargain Can Help

In some situations, such as when your blood alcohol level is borderline, there was no accident, and you have no prior record, you may be able to obtain a plea bargain for “wet reckless,” which is basically a crime of reckless driving with alcohol.  This will likely come with no jail time if the judge accepts it. If you are arrested for another OVI, your previous wet reckless will be considered a previous OVI conviction.

If you have been arrested for OVI, call a Cleveland OVI attorney from Henderson, Mokhtari & Weatherly to discuss your legal options during a free case evaluation.

Attorney Henderson Becomes Member of NAFDD

Henderson, Mokhtari & Weatherly is proud to announce that Cleveland attorney Brandon Henderson has recently been included into National Advocacy for DUI Defense (NAFDD). The organization was established in 2013 and designed to specifically acknowledge and award among those practicing criminal defense for DUI clients. NAFDD provides a listing of what they have determined to be some of the top DUI defense lawyers in each state. This is intended to be a resource for potential clients to utilize.

Many different criteria are reviewed to the thousands of candidates who apply to be a part of NAFDD, including the following:

• Length of time practicing law in their state
• Time spent practicing DUI law
• Number of DUI cases handled
• Client and peer reviews
• Formal DUI training
• Legal awards
• Bench and jury trial experience

NAFDD serves to provide individuals with a listing of prominent DUI attorneys in each state. The addition of Attorney Henderson is a considerable honor.

Henderson, Mokhtari & Weatherly handles all manner of criminal defense cases in addition to DUI defense for its Cleveland clients. Call them today for more information. Free case evaluation offered!