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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.
We are available day or night to discuss your case.
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.
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.
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.
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.