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Email: engel@engelandmartin.com

Phone (direct): 513-445-9610

Engel is a 1995 graduate, cum laude, of Harvard University Law School.  He is a highly respected and experienced former prosecutor, appellate advocate, and civil litigator.

Education

  • Harvard University Law School, Cambridge, Massachusetts
    • J.D. cum laude – 1995
  • University of Pennsylvania
    • B.A. magna cum laude – 1992

Biography:

Engel began his career as a prosecutor in 2001 by serving as an Assistant District Attorney in Middlesex County, Massachusetts. In 2002, he moved to Ohio and took a position as an Assistant Prosecuting Attorney working for Judge Rachel Hutzel in Warren County, Ohio. In Warren County, he handled some of the office’s most challenging and high-profile cases, including death penalty cases and cases featured on national news programs like 48 Hours. Engel rose to lead the office’s appellate division, where he not only handled appeals for the office, but was also called upon by state and national law enforcement organizations to write amicu curiae briefs to the Ohio Supreme Court and the United States Supreme Court.

Screen Shot 2015-07-17 at 4.57.46 PMFrom 2007 to 2010, Engel served as Chief Legal Counsel for the Ohio Department of Public Safety. In that position, he provided legal advice to the Department to aid in the development of a coordinated, comprehensive state strategy to address public safety and security issues. Joshua started his legal career at Choate, Hall & Stewart, a large Boston law firm known for more than a century as the home of some the nation’s most accomplished litigators. At Choate, he represented clients across and outside of the country in complex litigation matters in federal and state courts, as well as in ADR proceedings. He was quickly given the responsibility to handle litigation matters involving millions of dollars for Fortune 500 companies, including Microsoft, Hewlett-Packard, and Travelers.

Engel Court 3-21-16Engel is a frequent lecturer and author on cutting-edge legal issues.  For example, Engel was a featured speaker at a recent Washington, DC, Symposium on representing students accused of sexual assault.  A law review article by Engel was listed among the top ten downloaded articles on law enforcement issue. In 2007, his work as a prosecutor was recognized by a Meritorious Service Award from the Ohio Prosecuting Attorneys Association. He was selected for a number of Committees for the Ohio Supreme Court and served as a Fellow with the Ohio State Bar Foundation. In 1992, he was honored as a recipient of a Harry S. Truman Scholarship for Public Service.

Engel is married with two children, a dog, a cat, and various other pets.  He is active in the community and officiates swim meets.  

Read more about Engel and Ethics here.

Reported Cases

Publications

Podcast Appearances

Areas of Practice

Bar Admissions

  • Ohio, 2003
  • Massachusetts, 1995
  • U.S. District Court Southern District of Ohio
  • U.S. District Court Northern District of Ohio
  • U.S. Court of Appeals 1st Circuit
  • U.S. Court of Appeals 5th Circuit
  • U.S. Court of Appeals 6th Circuit
  • U.S. District Court District of Massachusetts
  • U.S. Supreme Court

Published Works

  • Doctrinal Collapse: Smart Phones Cause Courts to Reconsider Fourth Amendment Searches of Electronic Devices, University of Memphis Law Review, 2011
  • Frequent Flyers at the Court: The Supreme Court Begins to Take the Experience of Criminal Defendants into Account in Miranda Cases., Seton Hall Circuit Review, 2011
  • Courts Re-Examine the Application of Goldfinger-Era Electronic Tracking Cases to Law Enforcement Use of GPS Tracking Devices, Richmond Journal of Law and Public Interest, 2011
  • Rethinking the Application of the Fifth Amendment to Passwords and Encryption in the Age of Cloud Computing, Whittier Law Review, 2012
  • Does Police Use of GPS Devices Need Supreme Court Guidance?, Law Technology News, 2011
  • Courts Struggle With Police Searches of Cell Phones , Law Technology news, 2011
  • The Social Media/First amendment Face Off, Law.com, 2011
  • We the Ppl of the Internet @ge: The intersection of the Constitution and Social Media.
  • Rethinking the Application of the Fifth Amendment to Passwords and Encryption in the Age of Cloud Computing.
  • Penn State Investigations and the Avoidance of Conflicts of Interest Charges

Representative Cases

  • In re D.S., , 111 Ohio St.3d 361, 856 N.E.2d 921 (Ohio Supreme Court 2006)
  • State v. Carswell, 114 Ohio St.3d 210, 871 N.E.2d 547 (Ohio Supreme Court 2007)
  • State v. Simon, 2015-Ohio-970 (Ohio Ct. App., Butler Co. 2015)
  • State v. Fisher, 2015-Ohio-572 (Ohio Ct. App., Clermont County Feb. 17, 2015)
  • Barrow v. Vill. of New Miami, 2014-Ohio-5743 (Ohio Ct. App., Butler County 2014)
  • State v. Stamper, 2013-Ohio-5669 (Ohio Ct. App., Butler County 2013)
  • State v. Zumwalde, 2014-Ohio-1285 (Ohio Ct. App., Greene County 2014)
  • State v. Swift, 2014-Ohio-2004 (Ohio Ct. App., Butler County 2014)
  • State v. Eash, 110 Ohio St. 3d 1235 (Ohio Supreme Court 2006) (for amicus curiae Ohio Prosecuting Attorneys Association)
  • Murphy v. Department of Correction, , 429 Mass. 736, 711 N.E.2d 149 (1999) (Massachusetts Supreme Judicial Court 1999)
  • Canterbury Liquors & Pantry v. Sullivan., 999 F.Supp. 144 (D. Mass. 1998), aff’d Sea Shore Corporation v. Sullivan, 158 F.3d 51 (1st Cir. 1998)
  • Springfield Terminal Railway Company v. Canadian Pacific Limited, 133 F.3d 103 (1st Cir. 1997)
  • Metlife Capital Corporation v. Westchester Fire Insurance Co., 224 F.Supp.2d 374 (D. Mass. 2002)
  • Hewlett-Packard Company v. Boston Scientific Corporation, 77 F.Supp.2d 189 (D. Mass. 1999)
  • Travelers Casualty & Surety Company v. Boston Gas Company, 76 F.Supp.2d 59 (D. Mass. 1999)

Classes/Seminars/Presentations

  • Criminal Law, Wilmington College
  • Mediation, Wilmington College
  • Winning Domestic Violence Cases, Ohio Attorney General’s Office
  • Criminal Law Update, Ohio Prosecuting Attorney’s Association
  • Advisor to Mock Trial Team, 2002 to present , Wilmington College
  • Criminal Procedure Update , Ohio Peace Officer Training Academy, 2009 to 2010
  • Ohio Attorney General’s Two Days in May Conference, May 2005
  • Ohio Prosecuting Attorney’s Association, June 2005 , Countering the “Virtual Pornography” Defense in Child Pornography Prosecutions
  • Ohio Attorney General’s Two Days in May Conference, May 2006 , Winning Domestic Violence Cases: Evidence Based Prosecutions and Stalking Charges
  • Ohio Prosecuting Attorney’s Association, April 2008 , Ohio Supreme Court Update
  • Great Lakes Law Enforcement Exposition, August 2008 , Search and Seizure Law Update
  • Ohio Prosecuting Attorney’s Association, June 2009 , Ohio Supreme Court Update
  • Great Lakes Law Enforcement Exposition, August 2009 , Search and Seizure Law Update
  • D.A.R.E. International Training Conference, July 2010 , Witness for the Prosecution: Evidence Based Prosecutions in Domestic Violence Cases
  • Ohio Attorney General’s Office Law Enforcement Conference, September 2010 , Miranda and Sixth Amendment Update
  • Legal Tech West Coast, May 2011 , Social Media and E-Discovery: Criminal Investigations Perspective
  • Symposium, Washington, DC, 2014, Navigating Due Process and Title IX Issues in Campus Sexual Assault Procedures: Constitutional, Statutory, Contractual, and Tort Considerations.

Honors and Awards

  • Ohio Prosecuting Attorney’s Association — Meritorious Service
  • Harry S Truman Scholarship for Public Service

Professional Associations and Memberships

  • Ohio State Bar Association
  • Warren County Bar Association

Pro Bono Activities

  • Legal Advisor, Energize Clinton County
  • Fellow, Ohio State Bar Foundation, 2010-2011
  • Ohio Supreme Court Commission on the Rules of Practice and Procedure in Ohio Courts, ex officio member, 2008 – 2010
  • Ohio Policy Committee on Restraint and Seclusion, 2009 to 2010
  • Ohio Supreme Court Advisory Committee on Domestic Violence, 2006 to 2008
  • United States Supreme Court amicus curiae brief on behalf of National District Attorneys Association in Davis v. Washington and Hammon v. Indiana, 547 U.S. 813, 126 S.Ct. 2266, 165 L.Ed.2d 224 (2006).
  • Ohio Supreme Court amicus curiae brief on behalf of Ohio Prosecuting Attorneys Association in State v. Eash, 110 Ohio St.3d 1235, 850 N.E.2d 1212 (2006).
  • Harry S Truman Scholarship Foundation Selection Committee, 2007 to 2010
  • Warren County Coordinating Council on Domestic Violence and Sexual Assault, 2002 to 2007
  • Advisory Board Member, Wilmington College Peace Resource Center, 2005 to 2007