Criminal Law in Ohio

If you have been questioned or arrested for an Ohio crime, your future, finances, and freedom are all at stake. And,this article was written for you.

Bottom Line: Ask the bar association or friends for referrals or do a Google search for “How to find an Ohio Criminal Defense Attorney.”

It’s okay to ask questions before hiring an attorney. Select the attorney with whom you are most comfortable.

In this article, we’ll discuss:

Ohio specific criminal laws;
What you need to know about criminal defense in Ohio; and
How to work with your Ohio criminal defense attorney.

Ohio Criminal Laws

Crime
Actions or in actions that are thought to cause harm are criminalized.

Violation of criminal laws will likely result in arrest, prosecution, and conviction, unless your criminal defense attorney asserts an affirmative defense.
Even if you did not commit the crime but you are being questioned or have been arrested, you need a criminal defense attorney to ensure you are treated fairly and all evidence in your favor comes to light.

Unfortunately, innocent people are convicted of committing crimes and sent to jail every day.

Ohio criminal laws are found in Ohio Revised Code. There are hundreds of crimes listed in the Code, including homicide, kidnapping, arson, drug offenses, DUI, safe cracking, conspiracy, attempt crimes, weapons violations, and sex offenses.

Statute of Limitations
Criminal charges must be brought within a certain period of time or be forever barred. If the statute of limitations has passed, it serves as a complete defense.

This means your defense attorney will raise the statute of limitations defense and the charges will be dropped.

For example, in Ohio, the statute of limitations for:

Murder is unlimited. (Oh. Rev. Code В§2901.13(A)(2)).
Assault is 1, 3, or 20 years, depending on the circumstances of the case. (Oh. Rev. Code В§2901.13(A)(1)(a) or (b) or 2901.13(A)(3)(a).
Burglary is 20 years. (Oh. Rev. Code В§2901.13(A)(3)(a)).

Most Ohio criminal statutes of limitations are in (Oh. Rev. Code В§2901.13).

Punishment
Punishment such as community service, educational programs, fines, restitution, jail, suspension of driving privileges, house arrest, drug counseling, and capital punishment are used to deter future criminal behavior, provide restitution, and protect society.

Although judges often have discretion, Ohio has sentencing guidelines that provide punishment ranges for some level of uniformity.

For example, in Ohio, sentencing guidelines call for:

Not more than 180 days in jail and a $1,000 fine for a 1st degree misdemeanor. Lesser offenses have less severe penalties.
Anywhere from 3 to 10 years in jail and a maximum $20,000 fine for a 1st degree felony. Less serious felonies have less severe penalties.
The first DUI (within the last 6 years) is a 1st degree misdemeanor and in addition to jail time and a fine, you may be ordered to seek treatment and use a yellow DUI license plate; you’ll lose your license.

Ask your Ohio criminal defense lawyer what punishments are possible for the crime you are being accused of.

What You Need to Know About Criminal Defense

Do not delay. Your interests must be protected and evidence must be preserved. Consult with a qualified Ohio criminal defense lawyer immediately. It’s okay to call anytime of the day or night.
Honesty really is the best policy. Be completely honest and open with your attorney. Tell your attorney everything even if it makes you look bad.
If you are not allowed to leave, you are under arrest. Ask for an attorney.

How to Work with an Ohio Criminal Defense Lawyer

Work with, not against, your own lawyer:

Have confidence in your lawyer. Heed all advice.
Tell your criminal defense lawyer exactly what happened.
Return phone calls promptly.
Provide requested information promptly.
Stay in contact with your attorney.
Update address and phone number if either change.
It’s okay if your lawyer questions you. It’s part of the investigation and defense strategy development.
It’s okay if your attorney is polite and cooperative with police officers, investigators, the prosecutor, or the alleged victim. They are not in any kind of conspiracy against you.

Being polite is a matter of professionalism and common sense. You get more of what you want if you’re nice.

Qualified Ohio criminal defense attorneys know the law, understand the charges against you, and understand how to put forward your best defenses. If you are not sure whether you need an attorney or not, call a defense attorney and ask.