Brad Koffel

Brad Koffel
  • Biography

    Biography

    PRACTICE PRIMARILY LIMITED TO SEX CRIMES AND MAJOR FELONIES IN OHIO

    Contact Information

    Brad Koffel, 54, is the Managing Partner of Koffel | Brininger | Nesbitt (KBN). Brad is one of the very few lawyers in Ohio that concentrate his private practice to men, women and teens charged with rape (R.C. 2907.02), sexual battery (R.C. 2907.03), unlawful sexual conduct with a minor (R.C. 2907.04), gross sexual imposition (R.C. 2907.05), sexual imposition (R.C. 2907.06), importuning (R.C. 2907.07), voyeurism (R.C. 2907.08), public indecency (R.C. 2907.09), pandering child pornography (R.C. 2907.32 et. seq.) and Title IX representation for high school and college students.

    Mr. Koffel has defended clients in 72 of Ohio’s 88 counties over the last 3 decades. He has been asked to represent folks from all backgrounds who are dealing with accusations that are sexual in nature, computer crimes, and white collar crime. Nobody is immune from false accusations -- especially people who are in the public eye – such as athletes, elected officials, civic leaders, entrepreneurs, government employees and business executives.

    Mr. Koffel focuses his practice on representing clients with no prior criminal record who need the “best of the best” to be in court with them – especially in defense of sex accusations. Every member of Brad’s 5 person support team has been with him over 20 years.

    Most of Brad’s clients are referred to him from other lawyers in Ohio, courthouse “insiders”, and former clients. Brad has significant experience in representing clients and cases that draw local and national media attention. As a result, he has several decades of practical familiarity in working with the press including: 60 Minutes, ESPN, USA Today, The Washington Post, The New York Times, as well as producers from Good Morning America and The Today Show.

    More importantly, many more of his news-worthy clients with sensitive careers have never been publicly “outed”. Brad is a graduate of Miami University and Capital Law School. He lives in Upper Arlington with his wife, Michelle, and 4 children. He is an avid hiker, reader, and traveler with his family. Brad also hosts “For the Defense” a live radio show on AM 610 WTVN every Sunday at 11:00 a.m.

    The Koffels are actively involved in various volunteer and charitable causes around Columbus supporting the needs of children and animals.

    The Best Lawyers in AmericaAttorney Brad Koffel named Best Lawyer of the Year 2017Super LawyersAV Preeminent Peer Review Rated by Martindale Hubbell Best Lawyers, Best Law Firms 2020

    PROFESSIONAL RECOGNITION AND DISTINCTIONS

    • “Lawyer of The Year”, Best Lawyers in America (2017, Ohio)
    • Best Lawyers in America (2007 - current)
    • Ohio Super Lawyers (2004 - current)
    • AV Rated by Martindale Hubbel
    • Bar Register of Preeminent Lawyers
    • Martindale-Hubbell® AV Preeminent™ Judicial Award,
    • President's Award, Franklin County Trial Lawyers Association
    • Chair, Ohio's Advanced DUI Seminar Series (1999-2002), OACDL
    • Chair, Municipal Court Committee (2003) - Columbus Bar Association
    • Trustee, Franklin County Trial Lawyers Association (1998-2000)

    APPELLATE CASES

    • State v. Bair 2021 (reversal of trial judge’s decision to only permit one defense attorney at counsel table for rape trial due to COVID restrictions)
    • Juvenile Sex Offender Classification order reversed. (In re M.W., 2019-Ohio-4564)
    • Juvenile Sex Offender Classification order reversed. (In re J.E. 2019-Ohio-4587)
    • Aggravated Vehicular Homicide Sentencing (State v. Lambert, 2019-Ohio-2837)
    • Juvenile Sex Offender Adjudication reversed (In re. M.W., 2018-Ohio-5227)
    • Excluding Relevant Testimony for Defendant (State v. Fudge, 2018-Ohio-601)
    • Motion to Withdraw Guilty Plea in Rape Case (State v. Gray, 2017-Ohio-7069)
    • Fifth Amendment and Polygraph in Criminal Case (State v. Schimmel, 2017-Ohio-7747)
    • Endangering Children and Ineffective Assistance of Counsel Appeal (2016-Ohio-2855)
    • Marijuana and Urine Testing (State v. Topolosky, 2015-Ohio-4963)
    • Appeal of Defendant’s Guilty Plea (State v. Moore, 2014-Ohio-1123)
    • Trial Court Erred in Sentencing Drug Trafficking Client (State v. Reynolds, 2012-Ohio-5956)
    • Aggravated Vehicular Homicide Appeal (State v. Riley, 2012-Ohio-1086)
    • Client Denied 6th Amendment Right to Confrontation (State v. Ellis, 2012-Ohio-1022)
    • Radio Frequency Interference in DUI case (State v. Burtch, 2010-Ohio-259)
    • Senior Operator’s Permit in DUI case (State v. Moberger, 2009-Ohio-2705)
    • Blood Testing in Aggravated Vehicular Homicide case (State v. Davenport, 2009-Ohio-557)
    • Lawsuit Against Fairfield County Sheriff (Sommer v. Phalen, 2007 U.S. Dist. 92024)
    • Field Sobriety Tests Not Administered Correctly in DUI case (2007-Ohio-5661)
    • Legality of DUI Traffic Stop and Arrest (State v. Burton, 2006-Ohio-4048)
    • Testimony of President of Manufacturer of DataMaster (State v. Sommer, 2005-Ohio-1707)
    • Probable Cause to Arrest for DUI (State v. Cline, 2004-Ohio-6216)
    • Calibration of Breath Test Machine case (State v. Messoussi, 2004-Ohio-2473)
    • Field Sobriety Test & Probable Cause in DUI case (State v. Robertson, 2004-Ohio-556)
    • Traffic Stop in DUI case (State v. Kellough, 2003-Ohio-4552)
    • Challenge to Admissibility of Field Sobriety Testing (State v. Kuhner, 2002-Ohio-7382)
    • No Probable Cause to Arrest for DUI (State v. Gray, 2002-Ohio-4328)
    • Destruction of Video Evidence in DUI prosecution (State v. Canter, 2002-Ohio-3473)
    • Challenge to Defendant’s Guilty Plea (State v. George 2001 Ohio App. LEXIS 1831)
    • Affirmative Defense Appeal (Gahanna v. Steffy, 2000 Ohio App. LEXIS 991)
    • Calibration Solution in Breath Testing (State v. Kimpton, 1999 Ohio App. LEXIS 2186)
    • Constitutionality of DUI Traffic Stop (Columbus v. Sayre, 1998 Ohio App. LEXIS 2546)
    • Police Destroying Failed Instrument Checks (1998 Ohio App. LEXIS 1485)
    • Failed Instrument Checks (State v. Roush, 1997 Ohio App. LEXIS 2345)
    • Probable Cause to Arrest for DUI (State v. Easter, 1996 Ohio App. LEXIS 5679)
    • Breath Testing & Failed Instrument Checks (State v. Williams, 1996 Ohio App. LEXIS 3227)
    • Crime Lab Refrigeration Appeal (Columbus v. Acree, 1996 Ohio App. LEXIS 2523)
    • Lawsuit Against CPD for Injuries (Moore v. City of Columbus, 98 Ohio App. 3d 701)
    • Estate Settlement and Foreclosure Appeal (1994 Ohio App. LEXIS 2570)
    • Insurance Policies Limited to Single Maximum Limit for All Causes of Action (Williams v. Grange Mut. Casualty Co., 104 Ohio App. 3d 197)

    A Small Sampling of Mr. Koffel's Case Results

    CASE DISMISSED: Mr. Koffel’s client was accused of sexually touching a granddaughter over several family birthday parties. The client adamantly denied it. His wife remained steadfast in her husband’s innocence. Prior to retaining Mr. Koffel to defend him, the client accepted an offer to take a police polygraph. As a result of pre-existing medical conditions the client was not able to take the police polygraph. The client was arrested about a year after the initial disclosure. He retained Mr. Koffel’s team to represent him. The team was able to develop substantial exculpatory evidence that directly contradicted the child’s story and that she was fabricating the story for unknown reasons. On the eve of trial, the prosecutor dismissed the case. (State of Ohio vs. R.C., 2019)

    CHARGES REDUCED: Mr. Koffel’s client, a man with absolutely no criminal history, was stunned to learn that his estranged daughter was accusing him of sexual assault when she was a child. There was no evidence to corroborate her story other than her therapy records. The client was not indicted with rape that would have carried a 15 year to life sentence. However, he was indicted on 10 counts of Gross Sexual Imposition. Throughout the course of representation, the client declared his innocence. 30 days before the trial, the county prosecutor threatened to bring Rape charges unless the father pled guilty. Mr. Koffel was forced to negotiate and the client reluctantly agreed to an Alford Plea (where he maintains his innocence but consents to a guilty finding) in order to receive a substantially reduced sentence of 4 years in prison that makes him eligible for early release after serving 6 months. (State of Ohio vs. D.T., 2019)

    CHARGES REDUCED: Mr. Koffel agreed to represent a 15 year old boy who was accused by a classmate of non-consensual sexual intercourse. Mr. Koffel’s team was able to demonstrate that there was prior and subsequent consensual sexual activity between the client and this female classmate. Mr. Koffel and the prosecutor resolved the case with juvenile counts of gross sexual imposition (offenses that can be sealed and expunged, unlike rape). The client was placed on probation. However, the juvenile judge ordered the boy to be classified as a sex offender for a period of 10 years. Mr. Koffel was successful in having the sex offender classification reversed in the Court of Appeals. (State of Ohio vs. J.E., 2019)

    NO CHARGES FILED: Mr. Koffel’s client was accused by his daughter’s former friend of illegal sexual activity when she was in elementary school nearly 20 years ago. The case was investigated and forwarded to the appropriate county prosecutor’s office. Mr. Koffel was retained to represent the man. It became evident early on that the statute of limitations for this offense was 20 years and the activity happened anywhere from 19-21 years ago. As a result of substantial evidentiary issues, the prosecutor agreed that the statute of limitations barred criminal charges against the client. (State of Ohio vs. R.M., 2019)

    NO CHARGES FILED: Mr. Koffel’s team was successful in demonstrating serious credibility issues of the client’s accuser. The client (and his friends) met a woman(and her friends) at a bar. They all agreed to go back to the client’s home a mile away. The accuser and the client engaged in consensual sexual intercourse. However, several days later, she believed that it was non-consensual and called the police. The client immediately hired Mr. Koffel’s team who developed the “rest of the facts” to rebut the accuser’s story. No charges will be filed. (Investigation of A.C.,, 2019)

    NOT GUILTY: Brad Koffel successfully defended a Division I college football player accused of rape in Athens, Ohio. The player was accused of raping a student in his dorm room after she texted her friends to help her. The RA’s and campus police immediately responded to the player’s room and found both of them naked. The accuser left the room with the assistance of several of her friends. She went to the local hospital and submitted to a full sexual assault examination. During the course of Mr. Koffel’s investigation, snap chats between the player and his accuser were discovered and preserved. After the accuser testified, Mr. Koffel confronted her with the snap chats (that she thought no longer existed) that clearly and unequivocally proved that she not only consented to the sexual activity but staged a way to get alone with the player.

    NOT GUILTY: Brad Koffel obtained a Not Guilty verdict for a metro park ranger accused of sexual imposition in Dayton, Ohio.

    NO CHARGES FILED: Brad Koffel was hired by a Canadian citizen who was arrested and indicted with smuggling 3 million dollars of cocaine into Ohio. The indictment carried at least 11 years in prison. After an exhaustive investigation, Mr. Koffel successfully negotiated the complete dismissal of all charges against his client as evidence came forward that the client did know the cocaine was stored in the sleeper section of his semi-truck.

    NOT GUILTY: Brad Koffel obtained a Not Guilty verdict for a man accused of Unlawful Sexual Conduct with a Minor in Columbus, Ohio. The accuser claimed that she did not consent to the sexual activity with the older man. Mr. Koffel’s was found Not Guilty after the prosecutor refused to dismiss the case.

    CASE DISMISSED: Brad Koffel obtained a dismissal of an indictment against a medical student who allegedly forged signatures to obtain funding for a student organization in Athens, Ohio. Mr. Koffel negotiated diversion and a dismissal for the client.

    CASE DISMISSED:Brad Koffel successfully defended a CEO accused by his own daughter of raping her in Columbus, Ohio. During the course of representation, steps were taken to illuminate his client’s innocence while getting his daughter the mental health help she desperately needed.

    NOT GUILTY: Brad Koffel obtained a Not Guilty verdict for an executive charged with domestic violence against his wife in Delaware, Ohio. The (now ex-) wife fabricated a story in order to gain leverage in domestic relations court regarding the custody of their children. The jury was out less than 30 minutes before finding Mr. Koffel’s client Not Guilty.

    CHARGES DROPPED: Brad Koffel successfully defended a local police chief in Delaware, Ohio who was accused of drunk driving. The police chief was charged with DUI/OVI as well as a felony for having a firearm on him while allegedly impaired. All charges were dropped against Mr. Koffel’s client.

    CHARGES DISMISSED: Brad Koffel had rape charges dismissed in Delaware, Ohio against his client just days before a jury trial was to commence. The client, a jeweler in Columbus, Ohio, was accused by a houseguest of sexually assaulting her as she slept in a spare bedroom. The client absolutely denied the accusation as did the client’s wife. The client did enter an “Alford plea” whereby he maintained his innocence and was placed on probation for a lesser charge.

    CHARGES REDUCED: Over nearly 8 months of Brad Koffel successfully defended a Canadian YouTube celebrity charged with causing false alarms in Columbus, Ohio that could have adversely impacted his ability to travel to the United States. The case was resolved with a minor misdemeanor.

    CHARGES REDUCED: Brad Koffel successfully defended a former NFL quarterback and Heisman Award winner charged with DUI twice in 2 years – both cases were reduced to lesser charges, in Columbus, Ohio.

    NOT GUILTY: Brad Koffel obtained a Not Guilty verdict for his client indicted on Aggravated Vehicular Homicide. Mr. Koffel’s client was charged after he struck and killed a motorcyclist in Columbus, Ohio. The client tested over twice the legal limit. However, Mr. Koffel learned that the client suffered from an undiagnosed condition that caused sudden fainting episodes (vasovagal syncope). At trial, the client’s cardiologist testified that it is just as likely that the fainting was the cause of the collision. Mr. Koffel also showed the jury a computer animation that reconstructed the last 5 seconds of the client’s travel before impact that was consistent with the client being unconscious as opposed to intoxicated. A toxicologist testified for the defense that it was unlikely that the client would lose consciousness at a .167% BAC.

    NO CHARGES FILED: Brad Koffel successfully defended an All-American football player accused of raping a freshman girl at an off-campus hotel room in Columbus, Ohio. Mr. Koffel’s investigation disclosed numerous inconsistencies with the accuser’s statement resulting in the prosecutor’s office declining to indict the client.

    CHARGES REDUCED: Brad Koffel successfully represented a college football coach accused of harassing his ex-wife in Delaware, Ohio. The case made national news and resulted in Coach Urban Meyer being suspended for 3 games. However, Mr. Koffel’s client was not guilty of the conduct described in the media. As part of a resolution, he agreed to plead guilty to disorderly conduct.

    NOT GUILTY: Brad Koffel obtained a Not Guilty verdict for his client, the son of a police officer, who was charged with DUI and almost running over several police officers in Delaware, Ohio. At trial, 5 police officers testified against Mr. Koffel’s client that he was intoxicated and should not have been driving. The jury found Mr. Koffel’s client Not Guilty in under one hour.

    NOT GUILTY: Brad Koffel obtained a Not Guilty verdict in Delaware, Ohio, for a local mom who was arrested and charged with permitting underage drinking at her son’s graduation party at the family home in Powell. About 70 high school kids were present in the backyard and pool area when neighbors called in about the noise. Numerous local police officers responded due to the size of the party. At trial, Mr. Koffel successfully convinced the jury that the family had taken all reasonable steps to prohibit alcohol and monitor the party.

    CHARGES REDUCED: Brad Koffel successfully defended a police officer charged with Aggravated Vehicular Homicide after making a left turn in front of a motorcycle and killing the motorcyclist in Lima, Ohio. Mr. Koffel’s investigation into the cause of the collision disclosed two substantial errors on the part of the detectives and accident reconstructionist. First, the police officer was not texting while driving and second, the Ohio State Patrol seriously under-estimated the speed of the oncoming motorcyclist. Mr. Koffel’s client entered a plea to a misdemeanor and received a suspended jail term.

    CASE DISMISSED: Brad Koffel negotiated dismissal of homicide charges against a mother whose 11 month old child drowned in a bathtub in Zanesville, Ohio. The mother was wrongly accused of child endangering and homicide as a result of a rush to judgment by the detectives.

    CASE DISMISSED: Brad Koffel obtained a dismissal of rape charges in Title IX hearing for local college student in Columbus, Ohio. The accuser and 5 witnesses testified against Mr. Koffel’s client. Mr. Koffel’s client testified in his own defense.

    CHARGES REDUCED: Brad Koffel obtained probation for a probate lawyer accused of stealing funds intended for a minor child in Columbus, Ohio despite the detectives and prosecutor urging for prison.

    Admitted

    Ohio, 1993

    Education

    Miami University, B.S., 1990, Capital University Law School, 1993