Criminal Defense Law

Unlike civil law, which involves private lawsuits between two or more private entities, criminal defense law involves the state or federal government’s prosecution of a person or business for a crime. A crime is defined as any act or omission of an act in violation of a public law forbidding or commanding it. With the exception of strict liability crimes, most crimes consist of three elements: an act (actus reus), a mental state (mens rea), and the intent to do social harm.

Crimes are divided into two classes of misdemeanors and felonies. Misdemeanor offenses are not as serious as felony offenses and typically do not involve great bodily harm to another person and are punishable by:

 Probation
Jail time of less than one year
Community service
Counseling
Restitution
Fines

If you are arrested:

If you are arrested for a crime, you may be entitled to a court-appointed attorney at public expense if you qualify as an indigent person. Ohio law defines an indigent people as those who cannot hire an attorney without causing substantial hardship to themselves or their dependent family. If you have been charged with a crime, you may complete an Affidavit of Indigence and Request for Court Appointed Counsel at your first court appearance. If you qualify, an attorney will be appointed for you. If you are convicted of a crime, the court may require you to repay some or all of the cost of your defense if it determines you are able.

Your rights in Ohio court:

When you are arrested, you have certain rights. Within 72 hours after your arrest, the judge must: Tell you the crime of which you are accused and explain it to you if you do not understand it.Give you a copy of the written complaint against you if you do not have one already.Give you a continuance (more time) to get an attorney, or appoint one for you if there is a possibility you could go to jail if convicted and you cannot afford to pay an attorney to help you.Tell you the nature and effect of the pleas you may enter and what will happen if you enter them. You may enter a plea of not guilty, no contest or guilty.

• No contest means you admit the facts in the complaint are true, but you deny guilt. The judge may find you guilty or not guilty. A no contest plea cannot later be used against you in a civil lawsuit for money damages. If someone sues you over the incident, he or she must prove you were at fault and violated the law. Most no contest pleas, however, result in a guilty finding unless the arresting officer cited you under the wrong statute or ordinance, or if the arresting officer's written statement of facts fails to sufficiently support the charge.
  
  
• Not guilty means you do not give up any of your rights, including the right to a trial. If you are in doubt, plead not guilty.
  
  
• Guilty means you admit the crime(s) you are accused of and waive your right to a trial at which the prosecution would have to prove you guilty beyond a reasonable doubt. You also give up your right to remain silent. The judge may sentence you immediately or at a later hearing. A guilty plea can later be used to prove you were at fault in a civil lawsuit. A guilty plea can also lay the basis for a harsher punishment if you are later convicted of another offense.

You are entitled to have a record made by a court reporter or tape recorder of what has happened in the courtroom. Then, if a question later arises, you have evidence of what happened when you were in court.