Ask A Dayton Criminal Defense Lawyer

Misdemeanor charges, which are generally imposed on those with no prior criminal record and for lesser offenses such as traffic offenses and non-violent theft crimes. These charges involve fines up to $1,000 and up to six months’ jail time. Felony charges are often imposed on those with a criminal past or for crimes such as robbery, assault, or attempted homicide. These charges carry heavier sentences, with fines up to $20,000 and mandatory imprisonment up to ten years or more.

A person is guilty of an OVI offense when they are operating a motor vehicle and are under the influence of alcohol, drugs, or a combination of both; or have a blood alcohol concentration level of .08 percent or greater.

A first offense DUI offense in the state of Ohio is penalized by an incarceration period of up to six months, a fine of up to $1,000, and a license suspension period of up to three years. While the legal limit is .08 percent for most adults, it is only .04 percent for commercial drivers, and .02 percent for those under age 21.

Remember anything you say can be used against you later. Chances are, even if what you say is an attempt to help you get out of your situation, it can be distorted by the police officer during later court hearings. Before deciding on a defense, meet with your attorney and allow a professional to guide you in what is the proper legal defense to your case.

It is not unusual for the police to promise that “nothing bad will happen”, or threaten that, if you don’t talk, “things can get worse.” If you are a suspect in a criminal charge the police are not your friend. Keep quiet until an attorney is available to speak with.

You have the right to consult with an attorney before speaking to the police. Tell them that you want an attorney present before you answer any questions. Once you ask for an attorney the police cannot ask you anymore questions. For them to do so is a violation of your constitutional rights. Tell the police that you want an attorney even if you don’t think you can afford one. The law requires that you be provided one free of charge if you cannot afford to hire one.

An attorney can request that the warrant be withdrawn, allowing you to remain free while the criminal charges are pending. You should be aware that in some very serious cases no bond or an extremely high bond may be set. If you are arrested on a warrant invoke your rights immediately.