Case Conclusion Date:September 6, 2013
Practice Area:Criminal Defense
Outcome:Dismissal of Rape and Gross Sexual Imposition
Description:Attorney Michael Probst of Probst Law Office, Inc., in Columbus, Ohio was retained to represent a young man in Knox County, Ohio who was indicted on 1 count of Rape, a first-degree felony and 1 count of Gross Sexual Imposition, a fourth-degree felony, in April 2013. The charges were brought after an 18 year old girl claimed that Attorney Probst’s client forcibly raped her in the back bedroom of an apartment following an alcohol fueled night of partying. The client advised me from the beginning that there had been a sexual encounter; however, it was consensual. When our office received the discovery packet from the prosecuting attorney, we learned that the client rejected an offer from a friend to go to the hospital for an examination on the night of the alleged incident. Additionally, the alleged victim did not report the alleged sexual assault until more than two weeks later. We also received evidence from the prosecuting attorney that our client allegedly sent text messages to the alleged victim wherein he allegedly confessed to the rape. Our office immediately began conducting our own internal investigation, which included issuing subpoenas for cellular telephone records of our client and for the alleged victim. Our investigation revealed that our client had not in fact sent any text messages to the alleged victim on the date and time that the evidence demonstrated. Our conclusion was that the alleged victim had falsified text messages to make it appear that our client had sent them. After conducting our investigation, Attorney Michael Probst contacted the prosecutor and advised him that our client did not send text messaged to the alleged victim and that it appeared as if she had falsified evidence. Attorney Michael Probst also pointed out that law enforcement officers failed to do a thorough investigation of the allegations prior to turning the matter over to prosecutors. Following their own internal investigation, prosecutors for the State of Ohio agreed that evidence appeared to have been falsified or manipulated and dismissed all charges against our client! This is largely unprecedented to have Rape charges and other sexual offense charges outright dismissed. This is a fantastic result for the client and demonstrates how solid investigation wins cases.