Douglas A. Funkhouser Attorney

First Admitted: 1995, Ohio

Professional Webpage: http://funkhouserlaw.com/attorney-profile/

Bar/Professional Activity:

United States District Court, Southern District of Ohio, 1995
Member of the Ohio Association of Criminal Defense Lawyers
State of Ohio, 1995
U.S. Military Courts, 1996
Member of the Columbus Bar Association

Verdicts/Settlements (Case Results):

I successfully defended two separate rape jury trials so far in 2013. In the first trial that concluded in January, the client was found not guilty of four counts of rape, thus avoiding a mandatory life sentence. In the second trial, that client was also found not guilty of several rape allegations that mandated a life sentence if convicted. The second trial also resulted in a not guilty verdict for allegations of sexual battery and gross sexual imposition. , 2013
In December of 2022, my office defended an adult defendant with autism from a wrongfully charged felonious assault charge in Columbus Ohio. Fortunately, I was able to present a successful self defense argument to the Court and my client was found not guilty. The incident arose from my client being "pink slipped" by the Columbus Police and taken to an emergency department for psychiatric evaluation and care. My client was tackled by a security officer who failed to follow common de-escalation protocols for hospital staff. A guilty finding could have resulted in my client receiving an 8-12 prison sentence. Today he is a free man. , 2022
My client was charged with felony abduction after approaching a woman in a parking lot of their apartment complex. The alleged victim's husband approached my client with a firearm and eventually fired a round into the air and then shot my client in the leg. The police arrested my client after his release from the hospital and he was indicted on felony abduction. During the trial, my client successfully testified on direct and cross examination that he was merely asking the woman for a ride. The jury only deliberated for a short period before finding my client not guilty. , 2018
My client was a full time fireman/paramedic. He was providing care to a patient when the patient spit at another care giver. My client followed his training and covered the patient's mouth with a cupped hand. Unfortunately, after removing his hand, the patient spit into my client's uncovered face. My client again responded correctly and covered the patient's face with a cupped hand until a breathing mask could be placed over the patient's face. The police were call to report the incident and, believing the care giver over the three firemen present, charged my client with assaulting the patient. A conviction would have ended my client's 30 plus year career. After a long period of pretrial discovery, including obtaining an expert to testify for the defense, a trial was held. The care giver testified unconvincingly under cross examination that my client "hauled off and hit" the patient. Fortunately, the other firemen present testified and the judge found my client not guilty. , 2018

Videos:

I made this video for the Columbus Bar Association in conjunction with their series on informing the public about their rights. I think this is a very important area that most people accused of a crime fail to look into when they are approached by law enforcement. https://youtu.be/FIVWd4-YOmM , What to do when you are accused of a crime?, 2014
Here is a video I did for the Columbus Bar Association covering a typical OVI traffic stop. https://youtu.be/F5BOUeXP2Pw , What to do when you are pulled over for an OVI?, 2014

Honors/Awards:

Admitted to the United States District Court, Southern District of Ohio, 1995., Admitted to Federal Bar, Southern District of Ohio, 1995
Admitted to the Ohio Bar, 1995., Bar Admission, Ohio Supreme Court, 1995
Graduate of the U.S. Army Airborne School, 1996., Airborne School, U.S. Army, 1996
Graduate of the U.S. Marine Corps Trial Advocacy Program, Okinawa, Japan, 1998., Graduate Trial Advocacy Program, U.S. Marine Corps, 1998
Awarded the Meritorious Service Medal, the Army Commendation Medal, the Army, Achievement Medal, the National Defense Service Medal, the Overseas Ribbon, the Australian Royal Army Parachutist Badge, and the U.S. Army Basic Parachutist Badge., Military Medals, U.S. Army, 1999
Member of the Columbus Bar Association., Membership, Columbus Bar Association, 2000
Member of the Ohio Association of Criminal Defense Lawyers., Membership, Ohio Association of Criminal Defense Lawyers, 2005

Educational Background:

Bachelor of Arts, The Ohio State University, Columbus, Ohio, June, 1992: Major: History, Completed the Capstone Program with a minor in Business Administration., 1992
Central Region Champion, Jessup Moot Court Competition, 1993-1994, 1994
Juris Doctor, Capital University Law School, Columbus, Ohio, May, 1995: Graduated with Honors: Order of the Barristers, 1995
Graduate, The United States Army Judge Advocate General's School, Basic Course. Charlottesville, Virginia. January, 1996 to April, 1996, 1996
Graduate of the U.S. Marine Corps Trial Advocacy Program, Okinawa, Japan, 1998., 1998

White Papers:

In 2014 Ohio made significant changes to who and how someone can seal their criminal record. Fortunately, these changes expanded the pool of qualified applicants. It is important for people with eligible criminal records to know that they can seal otherwise damaging records. Ohio Changes Rules to Seal and Expunge Criminal RecordsNew Law Expands Who is Eligible for Expungement and Sealing Criminal Records By Douglas A. Funkhouser, Esq. For the second time in two years, the Ohio State Legislature passed a new law expanding the class of people eligible to seal a criminal record. In 2012, Ohio Senate Bill 337 changed the requirement of “first offender” to “eligible offender,” expanding the types of convictions and how many convictions that a person can seal and expunge from their criminal record. Now with the passage of Ohio Senate Bill 143, passed in June 2014 and effective September 19, 2014, the law further expands the qualifications for obtaining an expungement. This means that individuals previously denied the expungement/sealing of their record may now be eligible. The significant provisions of the new law include: •Applicants are now eligible to seal up to two misdemeanor convictions, regardless of whether the two convictions are for the same offense. • Clarifies that orders to seal records apply to entire case records and not just records of convictions. • Applicants are permitted to include records for more than one case in a single application. Charging $50 for each case an applicant requests to have sealed is prohibited. • The court is no longer required to send notice of orders to seal records by certified mail, return receipt requested. The most impactful of these changes is that an individual with two convictions for the same offense may now qualify to have the records of those same offenses sealed. Now those who are charged with or convicted of a repeat offense are no longer unduly penalized by being automatically disqualified from the ability to apply to have their records sealed. It is important to understand that even if you now qualify to have you record sealed, expungement is not guaranteed and ultimately resides in the discretion of the court. If you were not eligible for an expungement under the old law, and are not sure if you are eligible under the new expungement law, it is important to speak with a qualified criminal defense attorney who can determine if you meet the requirements to be eligible for sealing of your record. Mr. Funkhouser is well-versed in Ohio laws regarding sealing criminal records and has successfully represented clients in the area. Call Funkhouser Law at (614) 443-5404 to learn how Mr. Funkhouser can be of service to you., Changes to Ohio Expungement Law to Seal Criminal Records, 2014

Other Outstanding Achievements:

I was selected to be one of the "at large" Board Members for the Dublin Soccer League which is one of the largest soccer programs in Ohio. I served as a board member from 2014 to 2018. , 2018

Industry Groups:

Criminal Law Committee Of The Columbus Bar Association
Ohio Association Of Criminal Defense Attorneys

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