Frequently Asked Questions | Kafantaris Law Offices

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Here are answers to frequently asked questions about your rights in a criminal case.

Call (614.223.1444) or e-mail us to schedule a free consultation, where we can thoroughly evaluate your case.

Why Should I Hire a Criminal Defense Lawyer?

Criminal law has become increasingly complex and technical. Hiring a lawyer ensures that your rights are protected every step of the way. In addition to asserting a strategic defense on your behalf, we hold the Government to its burden of proof and make sure that they collected evidence legally. We also help mitigate conduct at the case’s conclusion in terms the Court and Prosecutor can understand.

When Should I Hire a Criminal Defense Lawyer?

You should hire a criminal defense lawyer as soon as possible. Many of the most important and defining events happen at the case’s outset. Waiting to hire a lawyer may jeopardize important rights and case deadlines.

We are available day or night to discuss your case.

What Types of Criminal Cases Do You Handle?

We handle a full range of criminal cases, from felonies to misdemeanors and traffic violations. We also handle post-conviction issues that arise including probation and parole violations, judicial release applications (formerly shock probation), expungement (record sealing) applications, and criminal appeals.

Covering the full spectrum of criminal cases allows us to give you comprehensive counsel about your rights.

Should I Contest My OVI/DUI Charge?

Many of our clients are shocked to learn that it is the policy of our state to impose severe fines, probation, drivers’ license suspensions and sometimes even jail time for a first offense for operating a vehicle while intoxicated (“OVI”). But the punitive effects of a drunk driving conviction do not stop at the courthouse steps; insurance companies have tended to more closely monitor the status of their insureds’ driving records and a conviction can oftentimes lead to dropped or high risk coverage in the future. Employers are also entering the arena as well through the imposition of zero tolerance OVI policies in the workplace. Professionals do not escape these repercussions as oversight boards are taking greater interest in these cases in monitoring the character and fitness component of their licensees. In the end, a conviction for OVI can become a matter of great unexpected consequence and inconvenience. Be sure that your legal counsel is willing to engage a full and comprehensive defense on your behalf.

Unlike most criminal cases of consequence, the OVI defendant is not usually a criminal per se and is not acquainted with a lawyer experienced in this type of law. Yet a thorough understanding of our state’s OVI law is precisely what is necessary to ensure that your legal rights are protected every step of the way. We spend a good deal of time reviewing the particular facts of each case because we believe it to be a worthwhile practice that has served our clients well in the past. We are similarly committed to putting forth a full defense in each and every case.

We invite you to e-mail or call (223-1444; contact us) for a free case evaluation in the event we can be of assistance.

Are Traffic Tickets Worth Contesting?

Everyday, hundreds of people receive traffic citations in the City of Columbus. Most end up paying the tickets and moving on with their lives. Many are surprised to later find that the untold repercussions of the citation have caused their insurance rates to increase dramatically. In some cases, seemingly innocuous and inconsequential traffic tickets carry mandatory license suspensions up to three years. Others learned of the backlash of their conviction only after receiving a letter from the Ohio Bureau of Motor Vehicles informing them that their most recent traffic offense has resulted in the accumulation of twelve points on their license, necessitating a six month suspension.

Don’t jeopardize your license and your job by overlooking what might otherwise appear to be a simple traffic ticket. Feel free to contact us for a free case evaluation.

What are my Due Process Rights in a Criminal Case?

Due process of law is the essence of such familiar and fundamental concepts as liberty, fair play, and substantial justice in the United States. Due process protections are guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution and are at the heart of all criminal proceedings. This is especially true when the Government wishes to deprive its citizens of their precious life, liberty or property.

Though the guarantee is considered too broad to define in any exact or precise sense, it offers the following protections in criminal cases, which must faithfully be observed:

1. You have the right to receive notice of charges in a timely fashion.

2. You have he right to be presumed innocent until proven guilty beyond a reasonable doubt for every element of the offense charged.

3. You have the right to be presented with a search warrant. Without one, it is unlawful for the police or any government official to enter your home, search, or seize your property.

4. You have the right to be presented with a warrant for your arrest unless the police actually saw you commit a crime or have probable cause to believe you have committed a crime based on their personal investigation at the scene.

5. You have the right to a writ or habeas corpus if you are arrested or imprisoned.

6. You have the right to remain silent and speak with an attorney before making any statements to authorities.

7. You have the right to confront your accuser and to cross-examine witnesses against you.

8. You have the right to refuse to answer questions that might incriminate you.

9. You have the right to a transcript of all proceedings, hearings, and trials, though you will have to order and pay for them unless you are found to be indigent.

10. You have the right to appeal any findings of a lower court to an intermediate appellate court and you have an absolute right to have your appeal considered by the Supreme Court of Ohio if you’ve been sentenced to death for aggravated murder.

11. You have the right to subpoena witnesses and any documents or other evidence that may support your position or contradict evidence presented against you.

12. You have the right to a trial by jury in all criminal matters that may be punished by imprisonment by an impartial jury of your peers.

13. You have the right to the protection and provisions of the Constitutions of the United States and the State of Ohio.

14. You have the right to protections expressly created by statute and case law precedent.

15. You have the right to equal protection of the law regardless of race, creed, color, religion, ethnic origin, age, handicaps, or sex.

16. You have the right to a remedy, by recourse to the laws, for all injuries or wrongs that you may receive in your person, property, or character.

17. You have the right to justice, without being obliged to purchase it; completely, and without any denial; promptly, and without undue delay; in conformance with the laws.