January 16, 2017

There will be somewhere in the grim neighborhood of about 45,000 opiod deaths this past year. One of the echoes of this explosion is the number of kids landing in the children protective services departments.  Nationally the placement of foster kids is up as much as 8% in 2015. This number does not count the number of kids going to live with their grandparents, aunts and uncles. 

There is not a week that goes by in my practice that we do not address a custody issue related to heroin addiction.

What this means is that an already understaffed and under-trained children services will be taking a hit and miss approach to finding the kids in trouble.  They simply do not have the resources to be proactive.  So its moving from one 911 call to the next. And warning:  it could get worse. Because if the Republicans follow through and wipe out ObamaCare without replacing most of the popular attributes like no pre-existing conditions, on till age 26 and addiction treatment, there will be more addicts.  Most of the addiction treatment has been paid for by an expansion of Medicaid.  If that expansion is rolled back as part of repealing ObamaCare then there will be more addicts on the street.  They need professional help to beat the addictions and often the enrollment in a program is part of the court ordered protective supervision order.

Then there is a lack of foster parents even before the addiction boom and a failure to properly vet foster parents.  You need to weed out those that are only it for the money. I’ve argued that partnering with church backed organizations makes sense.

Last month I represented a grandmother who received 90 days in jail because she did not kick out her sons or their friends who at the very least were possessing and using heroin in a small apartment.  There was some evidence that she took some money from the boys for “gas and food”.  The toddlers overdosed with white substance on their faces.  They had to be NARCANED at the ER.  Her very young daughter got 30 months because she was there at the time of the emergency and then did not tell the ER staff what had happened.  She actually did not know. This story made headlines because it was so unusual. Expect similar stories as the heroin explosion continues without end.



Just in Time for Father’s Day: A Dad and His Daughter are Reunited after 10 Years!

June 15, 2016


Warren Tribune Chronicle Writer Virginia Shank chronicled the story of a father who never stopped searching for his daughter who disappeared during a custody battle involving himself and his daughter’s mother.  Although tracking down his daughter took some diligent detective  work on behalf of the father and his mother over the course of many years,  and a long legal battle to get back; father and daughter were reunited this past week nearly ten years after last seeing one another.

If you would like to read my client’s full story, here’s a link to it on the Warren Tribune Chronicle’s website:



41 Year-Old Woman Rapes 14 Year Old Boy While Her Kids Sleep At Party

March 11, 2016


The Dad of the 14 year old approached the podium in Judge Rice’s Courtroom.  He looked like he had just finished a shift at a foundry from the look of the dust on his work jeans and boots.  The Defendant, Regina Turner, dressed in an orange jump suit, her blond hair down on her shoulders, stood just feet away. It’s always remarkable to see what courage ordinary people possess when it comes to defending their children.  The courtroom in Trumbull County, Ohio was full with the usual rabble of those attending pre-trials, defense lawyers waiting their turn and prosecutors plowing through countless drug- related cases.  This one stood out.  The weight of the moment could be seen in the Judge’s face. The Dad talked about the therapy his son continues to undergo ever since that night when Turner disappeared upstairs at the boy’s house and raped him.  At that age there is no issue of consent. It wasn’t his choice that Turner came over to his parents’ house for a relatives’ birthday party and got so drunk that her most primal urges were going to be satisfied.

She left two of her young children sleeping downstairs and another out at the bonfire.  Her defense was that she was too drunk to remember what happened and that she usually knows when she has sex even after being drunk.  This wasn’t a moment the boy would one day brag about to his friends.  He was in bed and at that age knew too little about life.  But his Dad knew what it meant.  You could hear it in his simple words. “I hope she humbles herself.”  Wow those words were powerful.  He meant life cannot be about what she wants regardless of the effects on others.

Then the Judge told her how she would spend the rest of her life registering as a sex offender.  The Prosecutor prepared the paperwork.  He then looked blankly at Turner, who in another time and place would be an attractive young mother, and told her that for the next six years she would be jailed in an Ohio prison.  We all learn in law that criminal sentences have a multiple effects.  They are to rehabilitate.  They are to deter future conduct.  And they are to punish.  Sentences are always imperfect.  It’s the best as a society that we can do.  But for this one day justice was had.

_ _

According to Ohio recommended sentencing statutes, violations of §2907.04(A) & (B)(3) Unlawful Sex With a Minor, a third degree felony to which the defendant plead guilty, carries a minimum sentence of 9 months to a year in jail with a maximum recommendation of 3 to 5 years.  Further, a violation of §2907.02 (A)(2) & (B) Rape,  a first degree felony to which the defendant also plead guilty, carries a minimum sentence 5 years in custody.

Our offices for many years have filed civil actions against sex offenders or people who employ them.   If you know anyone that has been affected by circumstances such as these, please direct them to contact our office at (330) 729-9777 or email me at davidengler@davidengler.com if I can help.

Not The Smartest Criminal

June 10, 2014


Jaywalking by itself does not lead to a search of a person.  But if when you are stopped and start to run and throw a punch at an officer then you got troubles.  Also tip for would be bad-guys: try not to run from the cops with a shirt over your head.  Also if you wear your pants down low even the slowest officer can out run you  because your jeans will slide to your knees and you trip. The police call this catching a penguin.

Here is an excerpt form a recent bust in Warren, Ohio from the Tribune Chronicle:

McKeithen fled on foot, throwing the box to the ground, where the officer was able to see a large sum of money and suspected narcotics as he grabbed McKeithen’s shirt and McKeithen tried to pull his shirt over his head in an attempt to get away, also throwing a…

View original post 62 more words

How to Prove The Cash The Cops Nabbed Was Yours?

May 28, 2014



Nowadays, all of us are fighting the worst economic crisis in history the best we can. If you have this discomforting feeling that you are left alone to struggle all by yourself, then you are not far away from the ugly truth. To make things even worse, your Uncle Sam can easily become your worst enemy.

Here is what happens when your life becomes an episode from the game GTA (Grand Theft Auto). Imagine a situation when your car gets pulled off for a routine check. You are on cloud nine because you just cashed your life savings or some surprising insurance money. (Or maybe you just don’t like the idea of saying where it came from) You are making plans how you will spend tens of thousands of dollars, which is currently in a duffel bag in your car. Your worst nightmare begins. A police officer informs you that your money will become the government’s property until you prove its origin.

Yes, you have to prove that your own money is truly yours. In addition, during this procedure you are actually proving that you are not a criminal. The name of this painful game is the Civil Asset Forfeiture. Unless, you do something about it, the government will be happy to spend your money. It may seem to you that all you are required to do is to submit evidence and you can consider your troubles to be over. However, that is easier to be said than done. You can rest assured that the government will do its best to request tons of reliable evidence for you to prove undoubtedly that your money does not come as a result of any criminal activity.

Although, the Civil Asset Forfeiture has honest intentions in fighting against money laundering and organized crime, the sad fact about it that more and more hard working middle-class Americans get affected by it on a daily basis. This can be extremely frustrating and challenging situation for you. You have every right to reclaim your money. However, this fact does not give you any guarantees, whatsoever. You should be aware that a situation of you ending up heartbroken is a very real one. Losing tens of thousands of dollars is not an easy thing to deal with. Especially, if it comes a result of our system’s imperfections. Just because you could not submit some paper or comply accordingly with the strict rules you have to give up on your own money. Often my clients actually earned the money but very unconventionally and would never have anything close to an accounting system.

Remember, you rightful claim faces an entire army of legal professionals hired by the government to act against you. By contacting us at davidengler@davidengler.com or 330-729-9777 you are significantly improving your chances of successfully reclaiming your money. There are defenses like you should not have been stopped or the government’s claim that the money is a result of illegal activity is shaky.  It comes without saying that you need a safe and strong guidance in these situations where one of your basic Constitutional rights has been jeopardized. Unfortunately, you have to fight for your own money and guaranteed rights. Do not allow yourself a luxury of taking this situation for granted and contact us immediately.

Documentation of The Demonstration of Love

January 28, 2013

By Attorney David Engler


Yesterday, an ICU physician gave me the concept of “The Documentation of The Demonstration of Love.” It is a beautiful concept and especially useful when trying to determine at the end of life, who is truly acting as the next of kin.

This came up because I am litigating a case for two adult daughters and adult son-in-law who were taking care of their father at the end of his life. To their shock, Adult Protective Services jumped in without a court order and took the ailing father off to live with a longtime “lady-friend.” The father, completely incompetent because of long term COPD, told APS and hospice that he wanted to go back to a friend’s home outside of the county.  The man was being loved by his only daughters and son-in-law as well as his grandchildren.  The government brought in a local police officer and literally strapped the dying man to a stretcher and carted him away.  The scene was emotionally charged as Father and Grandpa was being loaded into the back of an ambulance.  They would never see him again.  He would die two months later, but not before the lady-friend changed the life insurance, power of attorney and will.

Is there a value for losing the presence of your dying parent for the last two months of his life? How do you measure the loss of ability to provide loving care for your dying parent? Maybe the better question is, whether a value can be placed on this sacred time.

But, back to the Doctor’s comments about “The Documentation of The Demonstration of Love.” His thought was brilliant.  Just being related by blood. as opposed to friendship, does not mean your loss of time with a dying person has value.  The physician who sees life and death on a daily basis had a keen intuition as to the relationship between the patient and those who have come to be near at the moment of death.  Some might be there looking at their smartphone in the lobby dealing with the guilt of not having been there enough for Mom. There is the family member who is counting down the minutes to inheritance, big or small.  They are there to make sure the troublesome sibling isn’t getting one over.  There are those who are inconvenienced by the process of death.  Imagine the mind of the Doctor whose sole interest is the patient. He is looking for the Documentation of the Demonstration of Love.  Was the family member at the rehab center every day?  Was Mom’s hair brushed by her daughter no matter what meanness came out of the Mother’s mouth controlled by a progressing dementia? Did the family turn their family room into a hospital room?  Was money spent? Are there pictures of smiles and a hand being held?  Or was the grieving “lady-friend,” twenty years his junior, constantly on the receiving end of money from the older man? Were his clothes clean?

Now, the government agency should never have come in and taken a dying elderly man from his only daughters without some court order. It was a screw up when it happened and that is why we have a lawsuit. But having a legal point is not the same as proving the damage that comes from not being their when your Dad is dying.  We have to dig deeper.  We need proof to show; where was the love?

And as we go through life, maybe it’s not a bad idea to live as if you were preparing for a jury trial.  One day there will be a judgment day and someone will ask to see the documentation of the demonstration of love. If it is important to you that you be seen as having loved, then make sure your life is filled with proof.  Did you leave a smile? Did you sacrifice your time? Did you do the tasks that were difficult; like changing a soiled sheet or holding a person’s hair back when they were sick? Did you bring gifts? Did you send cards? If we live our lives knowing that we will be asked to document our love then we will live in peace with our self and the ultimate finder of fact. 

Director Schaffner Wants Sex Abuse Victims To Hide!

September 29, 2012

By Attorney David Engler

This week I stood in the parking lot of Trumbull County Children Services with two brave young women. We were very close to the spot where they were sexually molested as 12 and 13 year olds. It took so much courage for them to get in the car with me and drive to a group of awaiting cameras including their old caseworker who stood outside during his work day filming the young women. The two recounted how they were preyed upon by a Youth Leader woman that was hired to protect them while at children services. This Dorm Mother actually would take overtime so she could sleep with one of the three girls during the night.

There were three girls age 12, 12 and 13 when the sexual abuse first started.

Image credit:  123RF Stock Photo


They each were left into the care of the Government because their own homes were broken, parents were addicts or a father was a molester.  Each of their lives had not been easy but they have overcome extreme cruelty to become good mothers, daughters, friends and employees.  Each of the three have given me more inspiration then what I could possibly gain from representing them.

The cruelest comment, after we announced a lawsuit against CSB for employing a pedophile, came from the Director Tim Schaffner.  His response to finding out that three preteens  were sexually abused by an employee was shocking. He said he was appalled that Attorney Engler would expose these girls. I have encountered many tone-deaf Government types in my 26 years of practice but this is the worse. Instead of expressing outrage that the abuse happened, or expressing concern for the girls, or being troubled… he was appalled that the girls would dare show their sweet faces This guy is running an agency that is supposed to protect children. These girls are heroes for giving a face to childhood sexual abuse. If you’re a victim you do not have to hide in a closet. The shame is not the victims but the pedophile and the agency that employed her and did nothing to stop her and protect young girls who could not have been more vulnerable.

Since I have first stepped up to take on the agency that permitted a known pedophile to rape a baby at its own office, I have been swamped with the calls of victims or parents or grandparents who are suffering at the indifferent hands of Trumbull CSB and others throughout the State. Others have joined the fight with the notable exception of no elected officials or judges who place kids into CSB. I cannot figure out how many murdered or abused children it takes before someone in power cares to act.  I suppose this is the same sort of thing that happened at Penn State. 

As an attorney we are taught to stay dispassionate from our clients in the course of litigation. I am shaking with anger. My clients are each beautiful, intelligent, caring young African-American women. They needed good foster parents to have taken them out the CSB hell they were placed into. But the reality is people want babies not young teens. I told each of these girls that I would have been proud to have been their father. I am not sure I could be a foster parent now but wish I had known these girls when they were 12.  There are other children out there.  They are victims of all sorts of terrible things. It is so sad that they had to be insulted and victimized one more time by a Director who believes victims of abuse should hide their faces. Shame on you Director Schaffner.

Attorney David Engler

Phone: 330-729-9777

http://www.DavidEngler.com Attorney Engler’s website

Areas of Practice: Family Law, Elder Law, Domestic Relations, Bankruptcy, Criminal

%d bloggers like this: