Practice Areas

FAMILY LAW

PERSONAL INJURY

CRIMINAL DEFENSE AND DUI/DWI

CIVIL LITIGATION

• Business Litigation
• Real Estate Litigation
• Insurance Bad Faith Litigation

APPELLATE ADVOCACY

PROBATE & ESTATE PLANNING 

PRACTICE AREAS – PERSONAL INJURY  

 The Personal Injury Practice at Caparella-Kraemer & Associates, L.L.C. includes:

  If you have suffered a serious personal injury due to the negligence of anothers, be assured that Caparella-Kraemer & Associates, L.L.C. stands ready to assist you with the highest quality of representation.  Such injuries can cause medical and financial uncertainties in your life.  When you hire our law firm you can expect the following:

• Help with medical providers and bill collectors who are expecting payment
• Collaboration with medical, vocational, and forensic experts to conduct a detailed investigation and evaluation of your injury
• Caring attention that can help reduce your stress and anxiety
• Personal one-on-one attention to your case
• Compassion for what you and your family are going through
• Aggressive and effective representation with the ultimate goal of obtaining the largest possible recovery for you and your family

  Protect your rights by contacting our firm today and put an experienced former insurance defense attorney on your side.  We offer free immediate consultations in person at one of our offices at West Chester, Ohio, or in your home or hospital room.  Initial consultations are always free, immediate, and confidential. 

 PRACTICE AREAS – CRIMINAL DEFENSE AND DUI/DWI 

  Caparella- Kraemer & Associates, L.L.C. provides aggressive and skilled advocacy equally effective in both the civil and criminal legal worlds.  We are dedicated to protecting the constitutional rights of the accused in a criminal case and will aggressively fight for an accused individual at all stages of a criminal prosecution.  Our approach is to leave nothing uncovered in the search for a just result for our clients.  Therefore, we develop and present vigorous defenses to criminal charges.  We will seek to have the charges against you dismissed or reduced in order to minimize any negative consequences to you.  When you hire our firm you can expect the following:

•  Collaboration with investigators, forensic experts, and witnesses to help undermine the case against you
• Evaluations of police reports, lab reports, police procedures, and evidence collected for mistakes and oversights that may have been made and that can exonerate you or mitigate the charges made against you
• Careful and complete consideration of sentencing options and penalties in establishing an effective plea bargain when the evidence is not in question
• Confidential communication protected by the attorney-client privilege even if you choose not to hire our firm

Criminal Defense

The Criminal Defense Practice at Caparella-Kraemer & Associates, L.L.C. includes:

•  All Felony and Misdemeanor Charges in State and Federal Court
• Drunk Driving – DUI/DWI
• Drug Crimes (Marijuana, Cocaine, and Crack possession)
• Theft Offenses
• Assault
• White Collar Crimes
• Violent Crimes & Other Felonies
• Traffic Offenses & Other Misdemeanors
• Probation Violations
• Juvenile Offenses 

Criminal Defense Process  

Arraignment 

                -First Step in the process

                -Official notification to Defendant of charges and possible punishment against him or her

                -Defendant enters plea of guilty, not guilty or no contest

                -If misdemeanor, Judge will set next appearance for Trial or Pre-Trial

                -If Felony, schedule matter for preliminary hearing

                -Establish bond

                -If entered guilty plea to misdemeanor, sentencing may occur

Pre-Trial Conference 

                This is a meeting between the Prosecution and the Defense.  This provides the opportunity to discuss the strengths and weaknesses of each other’s case, plea bargain possibilities and discovery issues.

Preliminary Hearing (Felonies only) 

                This is a hearing where a Judge decides if there is enough evidence to bind a case over to the Grand Jury.  It is a low burden of proof as the State must only show that there is probable cause to believe a crime was committed and that the Defendant is the one who committed it.

Grand Jury (If Felony Bound over) 

                Secret Proceeding where a body of twelve citizens decide whether or not someone should be indicted and for what charges.

Plea Bargaining 

                Plea bargains are a way to avoid a more serious conviction by pleading to a lighter one.  Some Judges and Prosecutors are more inclined to plea bargain than others.

Trial 

                This is the fact finding phase of a case and it may be a bench trial (to the Judge) or a Jury Trial.  Defendants are entitled to a trial by Jury for all misdemeanor or felony charges.  The burden of proof lies with the Prosecution to prove a Defendant’s guilt beyond a reasonable doubt.

Misdemeanor Charge                                                                                                    Felony Charge 

Arraignment                                                                                                                      Arraignment

      ↓                                                                                                                                          ↓

Pre-Trial                                                                                                                               Preliminary Hearing

      ↓                                                                                                                                           ↓

Pre-Trial Motions                                                                                                             Grand Jury

      ↓                                                                                                                                           ↓

Trial (Judge or Jury)                                                                                                         Arraignment (If indicted)

                                                                                                                                                      ↓

                                                                                                                                                Pre-Trial

                                                                                                                                                      ↓

                                                                                                                                                Trial

Located in West Chester, Ohio, we can assist people charged with all types of crimes throughout Ohio. Call a skilled and aggressive criminal defense attorney today and protect your rights.

PRACTICE AREAS – CIVIL LITIGATION 

 Controversies occur in every area of law in all industries and in our own private lives.  Caparella-Kraemer & Associates, L.L.C. provides aggressive and comprehensive legal services in:

• litigation
• arbitration 
• mediation

for businesses and individuals in the following areas:

• Business Litigation
• Real Estate Litigation
• Family Law Litigation.

Business Litigation

  At Caparella-Kraemer & Associates, L.L.C., we understand that the world of business is competitive by nature.  Business competition often leads to disputes that, many times, can only be resolved by litigation. 

We understand the competitive nature of business because we are competitive ourselves and aggressively represent our business clients.  We represent businesses of all sizes throughout Ohio.

 Many businesses rarely consider trial attorneys when they require legal representation for a business dispute.  Businesses will typically hire the same firm that assisted the business with incorporation, contract drafting, or other transactional work. 

However, an attorney who specializes in those legal areas may not be experienced enough or comfortable enough to represent your interests in the courtroom.  Rather than specialize in one area of law, a litigation attorney’s focus is broad and their experience is gained in the courtroom.  If your business finds itself in a dispute, you need an attorney with experience in litigation. 

Business Litigation  

The Business Litigation Practice at Caparella-Kraemer & Associates, L.L.C. includes:

• Breach of Contract
• Contract Disputes
• Fraud
• Employment Disputes
• Insurance Claims and Disputes
• Intentional Business Interference
• Administrative Claims
• Regulatory Violations
• Debt Collections

 Protect your business by contacting our office today.  We offer free immediate consultations in person at our office West Chester, Ohio, or at your business location.  Initial consultations are always free, immediate, and confidential. 

Real Estate Litigation

  Real estate law can be complex and disputes that arise as a result of real estate transactions require litigation expertise to resolve. 

Caparella-Kraemer & Associates, L.L.C. has extensive experience in real estate litigation including representing real estate brokers and agents in negligence actions and commission disputes while representing individuals and businesses in:

•  landlord-tenant disputes
•  land development disputes
• litigation involving sales and purchase contracts
• construction defect cases.    

 Neither business owners nor individuals can afford to be involved in a lengthy and costly dispute over real estate. 

A real estate dispute can derail a profitable business or cause undue financial burdens on individual sellers and buyers.  A lease dispute can leave you without a place to live or place to do business. 

Botched purchases or sales can cause crippling financial hardship.

Whatever your real estate dispute entails, we work to minimize the delays and costs of the dispute.  Whether that goal requires skilled negotiation, mediation, arbitration or a trial. 

Caparella-Kraemer & Associates, L.L.C will provide you with aggressive and skilled representation.   

 Caparella-Kraemer & Associates provides skilled and aggressive representation to:

• real estate brokers
• real estate agents
• individual property owners
• landlords
• contractors
• developers
• construction companies
• commercial and residential tenants
• property management companies
• condominium associations
• lenders
•  title insurance companies

In all types of real estate disputes.  

  The Real Estate Litigation Practice at Caparella-Kraemer & Associates, L.L.C.  includes:

•  Brokerage Commission Disputes
• Broker and Agent Negligence
• Home Inspection Issues
• Sales and Purchase Contract Disputes
• Land Development Disputes
• Landlord-Tenant Disputes
• Construction Defects
• Construction Company Insurance Coverage Issues
• Contractor and Sub-Contractor Claims
• Boundary Disputes
• Title Disputes
• Construction Liens
• Mechanic’s Liens
• Commercial and Residential Lease Disputes

  Caparella-Kraemer & Associates, L.L.C. can provide aggressive and skilled representation to individuals and businesses involved in real estate litigation. 

  Protect your interest by contacting our office today at 513-942-7222.  We offer free immediate consultations in person at one of our office in West Chester, Ohio, or at your business or home location.  Initial consultations are always free, immediate, and confidential. 

INSURANCE BAD FAITH LITIGATION 

   An insurance policy is considered a contract between you, the insured (whether you are an individual or a business), and your insurance company.  This contractual agreement requires the insurance company to act in “good faith” toward you in regard to claims you may file under the insurance policy.  If an insurance company unreasonably withholds the benefits of the policy from its insured, it is considered acting in “bad faith.”

  To win a bad faith claim, a bad faith insurance attorney must prove that the insurance company failed to honor its contract and had no reason not to pay.  Insurance company attorneys are experts in finding reasons to deny claims. 

 Insurance companies can commit bad faith by:

• Failing to promptly and thoroughly investigate a claim.
• Deliberately delaying payment.
• Unreasonably denying benefits to a claim.
• Refusing to settle a case.
• Failure to reimburse you entirely for your loss.
• Using unreasonable interpretations in translating the language of the policy. 

  If your insurance company has acted in bad faith on your legitimate claim, let an experienced former insurance defense attorney help you.  Protect your rights under your insurance policy by contacting our office today.  We offer free immediate consultations in person at our office in West Chester, Ohio, or at your business or home location.  Initial consultations are always free, immediate, and confidential. 

PRACTICE AREAS – APPELLATE ADVOCACY 

 Caparella-Kraemer & Associates, L.L.C. maintains an active and successful appellate practice.  Appellate practice involves an approach different than trial practice and involves a very distinct set of practice skills. 

Appellate attorneys cannot shape the record as can be done at the trial court level, but they must be able to develop legal issues based on an already established record and frame those issues in an effective way. 

There are only two opportunities in any appeal to persuade the appellate court judges with the written word.  There is even less of a chance to persuade the judges orally as oral arguments have become less important. 

In addition, the time given to appellate judges to review the record or law on the subject is limited and judges depend on the attorneys to present the issues and law in a clear and persuasive manner.  Appellate practice is, therefore, a highly specialized area.

As a result, Caparella-Kraemer & Associates, L.L.C. has established an Appellate Practice to provide the expertise and assistance needed by our existing clients, new clients, and lawyers from other firms in matters that involve, or are likely to involve, an appeal.

 Our attorneys have frequently served as primary counsel on appeals, handling matters from initial notice to final argument, both in cases where he has been involved in the initial litigation, as well as cases in which another firm has handled the proceedings below.

However, just as frequently, our attorneys have assisted other attorneys on specific, discrete aspects of appellate practice, with initial trial counsel remaining in the lead role or as co-counsel on the appeal and at oral argument.

  For example; our office can assist in preparing and responding to post-verdict motions in the trial court; evaluating prospects for appeal; reviewing the trial transcripts or agency record for appealable issues;

• analyzing and researching the law
• perfecting appeals
• preparing appellate briefs and appendices
• drafting motions for leave to appeal
• presenting oral argument
• preparing post-argument motions and petitions for certification or certiorarior all of the foregoing.

 We also handle specialized appellate proceedings, such as petitions for writs of mandamus and amicus curiae briefs.

  Our attorney’s regularly handle appeals in the state appellate courts of Ohio and the federal U.S. Court of Appeals for the Sixth Circuit. 

Our attorney’s have also been published in the area of appellate advocacy. (insert link to publication).

The Appellate Practice at Caparella-Kraemer & Associates, L.L.C. encompasses a wide variety of substantive legal areas: criminal law, personal injury, medical malpractice, employment and civil rights, real estate, business law, family law, commercial disputes, medical licensing, and various administrative matters. 

PRACTICE AREAS – SOCIAL SECURITY DISABILITY 

  Was your disability claim turned down? The process of applying for disability benefits can be challenging for someone who is not familiar with the system.

More than 80 percent of the people who start the process on their own have their initial claims turned down. A lawyer can improve your chances significantly by presenting your case in the most favorable light.

At Caparella-Kraemer & Associates, L.L.C., we help disabled people obtain benefits from Social Security Disability and Supplemental Security Income.

When necessary, we consult medical specialists and other experts in building and supporting our clients' cases. We have represented numerous clients at all levels of appeal and are intimately familiar with the burden of proof requirements involved.

  We have had success in disability cases at all stages of the process: initial application, reconsideration, hearing and appeals.

 If your disability claim has been turned down, protect your rights by contacting our office today at 513-942-7222. 

We offer free immediate consultations in person at one of our office in West Chester, Ohio, or in your home or hospital room.  Initial consultations are always free, immediate, and confidential. 

PRACTICE AREAS- FAMILY LAW 

 At Caparella-Kraemer & Associates, L.L.C. we understand that family conflict and marital discord can disrupt every aspect of life.

During these times, sound legal advice is a necessity. We have experienced family law attorneys who will guide you every step of the way through a dissolution, divorce or custody conflict.

Navigating these waters on your own can yield a devastating result – and when your financial future and the well being of your children are at stake, you need an attorney you can trust to advocate for you.

 Our attorneys are dedicated to achieving the best possible result of your domestic matter, and they will take the time to listen to your concerns and to assist you in understanding the law in this area and how it applies to your specific situation.

 Protect your interest by contacting our office today.  We offer free immediate consultations in person at our office in West Chester, Ohio. Call 513-942-7222