Experienced Criminal Defense Attorney in Cleveland, Ohio

Can you tell us about a memorable representation of a professional?

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00:04
a hundred years ago
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my the all the criminal defense lawyers
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in ohio
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smaller group back then decided that we
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were going to start
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the ohio association of criminal defense
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lawyers people don’t understand criminal
00:17
defense lawyers we see ourselves
00:19
as the sixth amendment we’re the right
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to counsel we stand between
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the people and the police people don’t
00:24
understand that people don’t trust
00:25
lawyers
00:26
well anyway we all started it and uh i
00:29
ended up and i was
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i’m most proud of this being the first
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president there was about 50 of the
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lawyers around the state
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one of the guys a true believer a real
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true believer that we started the
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organization with
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was a sandusky ohio lawyer and all his
00:44
life
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he had actually gotten in trouble when
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he was younger he worked in a
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ford plant he got in trouble and he was
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acquitted but that made him want to be a
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lawyer and made him want to defend
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people
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so all his life in sandusky he was the
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guy you went to
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because you knew he would fight to the
01:00
death for you
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and now he’s at the end of the career
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his career he’s in his 70s
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and he’s representing a guy in a sex
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abuse case a minister
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and he knows in his heart he believes
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this minister is innocent
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well the case is set for trial
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and his expert in the case and a lot of
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those cases as experts died
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and he didn’t have an expert so he filed
01:24
motions with the judge and
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the judge never ruled on him and he
01:27
never got his expert back and he thought
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if i go to trial without an expert this
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uh
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client’s gonna go to jail for life
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he came up before the court the judge
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says start he says wait a minute church
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we have to talk about this i can’t do
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with an expert without an expert
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and the judge says no we’re starting to
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trial and the lawyer
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did what no lawyer that i know had the
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courage to do
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he said judge i am not going to try this
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case i can’t be an effective lawyer
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and the judge said to him an otherwise
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very good judge
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this is just this is such a singular
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incident
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uh he said if you don’t try this case
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you’re going to jail you’re being held
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in contempt
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he said i’m sorry i can’t do it they
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called the jury in they said
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would you voir dare the jury talk to the
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jury so i can’t
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he sat through the entire trial
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immediately after trial there was a
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contempt hearing
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and he was went to jail for 30 days and
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he went to jail for 30 days
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he could have stabbed the judge outside
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the courtroom and he wouldn’t have gone
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to jail for 30 days
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and then there was a grievance filed
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against him and went all the way to the
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supreme court
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where he stood in front of the supreme
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court of ohio and said and i’m with them
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because this was a crusade that look
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this is what i believed and they had the
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most interesting conversation
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about administration of justice
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and the prosecutor for lack of a better
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term good lawyer private lawyer
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is asking him mr bailey the
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administration of justice
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what about you stop this trial and the
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client
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bailey’s going but it’s about justice i
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had to stop the trial
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anyway the supreme court saw it it was
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this ohio supreme court
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really split the balance they didn’t do
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what i hoped they do and dismiss it
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uh but they gave him a penalty not a not
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the penalty that the
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prosecutors wanted or even the judges in
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it
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but here’s the thing this is about
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lawyer ethics
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we have ohio has 98 pages of rules or
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198 pages of rules
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but all a lawyer needs all a person
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needs all your
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lawyer if you’re looking for a lawyer
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here’s what you need from them
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integrity honesty decency and courage
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if a lawyer does the work if a lawyer
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tells the truth
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if a lawyer understands you is decent to
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you
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and decent to the system and if a lawyer
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has the courage to stand up for you
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that’s the lawyer you want to hire and
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all the time you have a lawyer
03:55
that’s the lawyer you want to have

Cleveland, OH criminal defense attorney Jay Milano tells us about a memorable case involving the representation of a professional. He discusses that a century ago, all the criminal defense lawyers in Ohio—a much smaller group back then—decided to form the Ohio Association of Criminal Defense Lawyers. They saw themselves as the guardians of the Sixth Amendment, standing between the people and the police, yet the public often misunderstood and mistrusted them. He takes particular pride in having been the organization’s first president, among about fifty lawyers statewide.

One founding member, a lawyer from Sandusky, Ohio, had been shaped by personal experience. As a young man working in a Ford plant, he had gotten into trouble but was acquitted. That experience inspired him to become a lawyer and dedicate his life to defending others. Known for his relentless advocacy, he became the go-to lawyer in Sandusky for anyone facing serious charges.

Near the end of his career, in his seventies, he represented a minister accused of sexual abuse. Convinced of his client’s innocence, he faced a dire situation: the expert witness for the case had died, leaving him without crucial testimony. He filed motions with the judge to address this, but the judge never ruled, leaving him in an impossible position. The trial began, and the judge demanded he proceed, threatening contempt. In an act of extraordinary principle, he refused to try the case without an expert, knowing he could not provide effective counsel.

The jury was called, but he abstained, and immediately afterward, he faced a contempt hearing. He was sentenced to thirty days in jail—a sentence so severe that even extreme acts outside the courtroom would not have carried the same consequence. A grievance was filed against him, which eventually reached the Ohio Supreme Court. There, he defended his actions, emphasizing justice and the ethical duty of a lawyer to act in the client’s best interest, even at personal cost. While the court did not dismiss the case entirely, it issued a reduced penalty, recognizing the ethical complexity of the situation.

This story underscores a timeless truth about legal ethics. Despite Ohio’s extensive rules—over 198 pages—a good lawyer needs four core qualities: integrity, honesty, decency, and courage. If a lawyer does the work, tells the truth, treats clients and the system with respect, and has the courage to stand up for clients, that is the lawyer anyone should hire. Those are the principles he believes define the very best legal representation.

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