June 14, 2024 | Ohio Law
The criminal justice system in Ohio can be confusing and overwhelming if you have never dealt with charges before. The key thing to remember is that when you are charged with a crime in Ohio, it does not take away your rights guaranteed by the United States Constitution and the Ohio Constitution.
The Ohio Rules of Criminal Procedure govern the criminal justice system. When you are charged with a crime, the police, prosecutor, and court must follow the rules.
What Happens After an Arrest in Cincinnati, OH?
When you are arrested in Cincinnati, you are taken into custody and detained in jail. The police inform you of your Miranda rights and book you at the police station. They impound your personal belongings and place you in a cell.
The Ohio Rules of Criminal Procedure require you to see a judge for an arraignment without necessary delay. Generally, you will go before a judge within 48 to 72 hours.
At your arraignment hearing, the judge explains your constitutional rights and the charges against you. You are asked to enter a plea for the charges against you. You can plead guilty, not guilty, or no contest. It is best to plead not guilty until you speak with a criminal defense lawyer.
The judge determines whether to set bail or keep you in jail. If the judge sets bail, you can pay and be released from jail pending your trial or other resolution of your case. However, if the judge denies bail, you remain in court until your case is resolved, which could be more than a year, depending on the circumstances of your case.
Things To Remember if You Are Arrested for a Crime in Ohio
You have the right to remain silent. It is not in your best interest to speak with the police or a prosecutor without an attorney present. Do not make a statement or answer questions until you speak with a criminal defense attorney.
The police can lie to you. Do not believe what officers tell you during an interrogation. They may be trying to get you to admit you committed the crime or provide information the state can use against you. Again, the less you speak with the police, the better for your case.
What Happens After the Arraignment in a Criminal Case?
The next phase is the discovery phase. Your attorney obtains the evidence the state has against you that the prosecutor intends to use against you in court. Your lawyer analyzes the evidence the state intends to use to determine the strength of the case.
In addition to reviewing the state’s evidence, your attorney investigates the charges against you to gather evidence you can use in court. Even though you are presumed innocent, you should not trust the judicial system to be fair. You need to mount an aggressive defense to refute the evidence the state has against you.
At this point, your attorney may take several actions. The course of the case depends on the defense strategy. For example, your attorney may file a motion to suppress evidence if the police violated your rights in obtaining the evidence. Your attorney may file a motion to dismiss if there is insufficient evidence to prove the charges against you.
When Can I Get Out of Jail After Being Arrested in Cincinnati, OH?
If you are charged with a non-violent felony or misdemeanor, the court is more likely to grant bail. However, if you are charged with a violent crime or have a criminal history, the judge may keep you in jail until your case is resolved.
An experienced criminal defense lawyer can argue for bail to help you get out of jail while you wait for a trial or a plea deal. If you need help with a criminal case, schedule a free consultation with one of our attorneys.
Contact the Cincinnati Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (513) 333-0014 or visit us at our Cincinnati Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Cincinnati
600 Vine Street, Suite 1004
Cincinnati, OH 45202
United States
