Ohio Criminal Defense Legal Questions

In Ohio the municipality files the initial charge, even if it is a felony; Because only Common Pleas Courts can hear felony cases, they dismiss it at arraignment and the county will either file a direct indictment by passing the grand jury or submit it to the grand jury to see if there is sufficient evidence to indict as a felony; If you are initially arrested and post bond, the bond will remain during this process.... Read More

You are charged because you admitted to a crime. Just because you did the right thing by coming clean and paying restitution does not mean that there are no consequences. Depending on your circumstances (if your Miranda rights were read to you or not) you might be able to argue it was a coerced confession. When the police say that you have the right to remain silent and the right to an attorney, and if you cannot afford an attorney one will be provided for you, you need to ask for an attorney and remain silent. It's too late for a lot of things, but it's not too late to get an attorney, which you need immediately. Hire one or get one appointed and after they look into things you will find out if they will be able to clean things up for you at all.... Read More

The charge will never disappear from your record unless you take steps to make that happen. If the case was dismissed, then you can file a motion to seal the record right away. If you were convicted of a crime, even if you did not receive a sentence of probation, jail time, or a fine, you have to wait one year from the point at which all your time has been served, and all fines and court costs paid, before you can file a motion to have your case sealed or expunged. Even then, you will have to meet the eligibility requirements for having your record sealed.... Read More

Theft charges in Ohio are a Misdemeanor of the first degree with up to six months in jail and $1000 fine and, potentially, a period of probation. The fact that this is your first offense and the item was only $15.99, the chances of you going to jail are minimal. In most jurisdictions you would be given a fine and court costs and a period of probation with a court order to stay out of the establishment. However, other jurisdictions, generally in a smaller community such as Fairfield Ohio, Butler County, the Judge has a policy of sending first offenders to a term of incarceration for thirty days. In other jurisdictions there is a process called diversion where you would be required to take a theft class, pay a fine and restitution and the charge would be dismissed. If you receive a conviction of theft you have to wait one year after you have completed probation and you would be able to file a motion to expunge the conviction, but that is only generally for the first arrest in Ohio which recently the law was changed to allow for 2 misdemeanors or 1 felony and 1 misdemeanor as a general rule.... Read More

Your daughter may be facing some jail time and probation, but the sooner she deals with these charges, the better the outcome may be. Additionally, if she is apprehended on a warrant, that will only lengthen the time which she is detained before trial. If she turns herself in, it would reduce the risk of flight, thereby making it possible to obtain bail and start rehabilitation/counseling, which will further her ability to lessen the severity of her sentence.... Read More