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Brian Smith Esq

Brian Smith Esq

The Law Offices of Brian J. Smith, Esq.
  • DUI & DWI, Criminal Law, Employment Law...
  • Ohio
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Summary

Brian Smith provides aggressive, experienced, and effective legal representation to every person served, so they feel confident that their rights are protected, their interests are served, and their results are maximized.

Mr. Smith uses his trial and negotiation skills in a successful practice where he has developed expertise in representing men and women in felony and misdemeanor criminal matters, OVI/DUI cases, and unemployment appeals. He strives to provide personalized representation, making each and every case and client his most important case.

Mr. Smith offers flat fees and payment plans whenever possible for criminal and DUI/OVI cases. He also understands that hiring a lawyer while unemployed can be very difficult, so whenever possible for unemployment appeal cases he offers contingency fees with no fee until he wins back-payments for his clients.

Mr. Smith also provides legal representation to labor unions by successfully representing them during contract negotiations, arbitrations, before federal and state courts, the National Labor Relations Board, the Ohio State Employment Relations Board, as well as the Department of Labor.

Mr. Smith resides in Huron, Ohio with his main office in Rocky River, Ohio. He provides representation along the northern coast of Ohio, from Cleveland to Toledo.

Practice Areas
  • DUI & DWI
  • Criminal Law
  • Employment Law
  • Arbitration & Mediation
  • Traffic Tickets
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
  • Rates, Retainers and Additional Information
    For many DUI, OVI and criminal matters I offer fixed flat fees with payment plans.
Jurisdictions Admitted to Practice
Ohio
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6th Circuit
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Languages
  • English: Spoken, Written
Professional Experience
Attorney
The Law Offices of Brian J. Smith, Esq.
- Current
Partner
Sivinski & Smith, LLC
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Associate
Masters & Sivinski
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Education
University of Akron School of Law
J.D.
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Honors: While at Akron, Mr. Smith served as an assistant and associate of the Law Review, having an article of his own published in 2005. After graduating, Mr. Smith served as an instructor at Akron, preparing law students for the rigors of legal research, writing and oral arguments. While studying at Akron, Mr. Smith was awarded the Ernest Karam Award of Academic Excellence, the Federal Bar Association Constitutional Law Award, and multiple Excellence for the Future Awards. He graduated summa cum laude in the top of his class.
University of Akron School of Law Logo
Kent State University
B.A. (1996) | Psychology major
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Kent State University Logo
Awards
Top Attorneys in Cleveland & Columbus
Cleveland Magazine
Professional Associations
Ohio State Bar # 0079861
Member
Current
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Ohio Employment Lawyers Association
Member
Current
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Cleveland Employment Lawyers Association
Member
Current
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Ohio Bar Association
Member
Current
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Cleveland Metropolitan Bar Association
Member
Current
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National College for DUI Defense
Member
- Current
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American Association of Premier DUI Attorneys
Executive Member
- Current
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Parma Bar Association
Member
- Current
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Ohio Association of Criminal Defense Lawyer's
Board of Directors
- Current
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DUI Defense Lawyers Association
Member
- Current
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Lorain County Bar Association
Member
- Current
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West Shore Bar Association
Member
- Current
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Publications
Speaking Engagements
How to Obtain a Union Contract in the Public Sector, ATU 268 Membership Meeting
Legal Answers
14 Questions Answered

Q. I was pulled over 2 day ago with marijuana and open containers of alcohol i’m 18 had a bac of 0.10 should i plead guilty
A: You should talk with an experienced OVI attorney immediately and certainly before entering any plea. You do not want to give up your rights without exploring what they are, what happened and what you are charged with.
Q. Need help with my case ovi and speeding
A: Yes, if it is your second OVI then you should contact an attorney immediately. You could use the find a lawyer link here.
Q. What are the penalty options for petty theft of 30 dollars for a first offender?
A: Theft for this low of an amount is called petty theft, but it is a first-degree misdemeanor for which the maximum penalties are $1,000.00 and six months in jail. Of course, with this being a first offense the maximum penalties are not a probable outcome, but it is possible that the court could sentence to some days in jail. It could also issue a suspended sentence and probation. Theft convictions can also make it very difficult to find future employment. An experienced attorney might help to get the charges reduced, dismissed or secure a diversion program at the end of which the charges would be dismissed.
Q. I have never been in trouble I have a clean record but now I'm being charge with 2921.31. What kind of sentence is it
A: Revised Code 2921.31 refers to "Obstructing Official Business.". This is typically a second degree misdemeanor, which carries a penalty of up to 90 days on jail and up to a $750.00 fine. If the violation created a risk of physical harm to another person, it can be charged instead as a fifth degree felony that carries penalties of up to twelve months on prison and up to a $2,500.00 fine. These are the maximum penalties. You might be sentenced to something much less. An experienced criminal defense attorney might be able to get the charges reduced or dismissed while minimizing any penalties.
Q. It it’s her word against mine. No text, no encounter. What are the odds of justice when that happens.
A: There is not enough information here to be able to answer your question. You raise an issue that often comes up in criminal cases though - is witness testimony enough to convict without other evidence? The answer is that it can be enough. Criminal cases may ultimately result in a jury trial. Along the way, a good criminal defense attorney will attempt to keep out as much evidence as possible that the State plans to use. The jury will evaluate the evidence they are presented with to make a determination of whether the State proved each element of their case beyond a reasonable doubt. This is a very high standard. If the State only has witness testimony, it may be more difficult for them to reach this standard. However, a jury can find the witness testimony credible and, if so, might find it is credible enough to prove guilt beyond a reasonable doubt. A good criminal defense attorney may be the best defense against such a result.
Q. In Ohio, do OVI’s cross county lines when doing sentencing?
A: Yes, when determining the number of priors for the purpose of determining mandatory minimum penalties an Ohio court will not only look to prior convictions anywhere in Ohio, but it may also look at "equivalent offenses" from other states.
Q. If my liciense are suspended and i have a warrant how can i get the block off completly
A: That attorney could file a motion to lift the warrant. These are frequently granted when a court sees an effort to resolve the ticket. A court may then schedule a pretrial where that attorney can work to resolve the ticket too. If the court will not withdraw the warrant, an attorney could help make arrangements to turn yourself in and resolve the ticket.
Q. Backgrnd check says open warrant docket says closed w fine due what's correct?
A: I cannot say without checking with the court. You may want to contact the court so you can talk to them about this. Or you may want to consult with an attorney for help resolving this. What I can say is that, when a warrant is issued, Ohio courts will mark the case as closed until the warrant is served/resolved. They will then re-open the case.
Q. How much can or will legal aid help you?
A: There are legal aid groups and there are appointed attorneys. If someone is charged with a crime, they may ask the court for an appointed attorney. Courts will typically have the person complete a financial affidavit to determine whether they financially qualify. If they do, the court will appoint an attorney to represent the person. Legal aid groups each provide different services, often helping people who cannot afford an attorney but are not eligible for appointed counsel because of their circumstances or the type of case.
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Contact & Map
The Law Offices of Brian J. Smith, ltd
20545 Center Ridge Rd, Ste. 215
Rocky River, OH 44116
USA
Toll-Free: (800) 641-1970
Fax: (855) 241-0700
Satellite Office
222 Bucyrus Ave.
Huron, OH 44839
USA
Toll-Free: (800) 641-1970
Fax: (855) 241-0700