Information
Frequently Asked Questions
Plain answers to questions people commonly have when facing criminal charges in Ohio. If your question is not here, call or request a consultation.
Before You Talk to Anyone
Should I talk to the police after being arrested or questioned?
No. You have a constitutional right to remain silent, and you should use it. Tell the officer: "I am invoking my right to remain silent and would like to speak with an attorney." Then stop talking. This applies whether you are innocent or not. Anything you say — even something that sounds harmless or explanatory — can be used against you. Wait until you have spoken with an attorney.
What if I just want to explain what happened?
Wait. The time to present your side of the story is to your attorney, in private. Once you explain yourself to police, you cannot take it back. Inconsistencies between an early statement and later testimony can be used to undermine your credibility even when you are being truthful. Tell your story first to a lawyer.
Can police search my car or home without a warrant?
Generally, no — but there are exceptions. Police need a warrant to search your home in most circumstances. For cars, exceptions include your consent (which you can decline), items in plain view, and probable cause to believe the car contains evidence of a crime. If you believe a search was unlawful, tell your attorney. Evidence obtained through an unlawful search can sometimes be suppressed.
The Court Process
What is an arraignment?
An arraignment is your first formal court appearance after being charged. The judge reads the charges against you, you enter a plea (in most cases, not guilty at this stage), and bond is addressed. If you were arrested and held, this typically happens within a few business days. If you received a summons, the date will be printed on it.
What happens after arraignment?
Pretrial hearings are scheduled. Your attorney reviews the evidence the prosecution has, may file motions (including motions to suppress unlawfully obtained evidence), and negotiates with the prosecutor. Many cases are resolved before trial through negotiated plea agreements. If no agreement is reached, the case proceeds to trial.
Do I have to go to court every time there is a hearing?
Generally, yes for criminal cases. Missing a court date results in a bench warrant for your arrest. Some preliminary hearings may not require your presence depending on the court and the nature of the hearing — your attorney will advise you on which appearances are mandatory.
What is the difference between a misdemeanor and a felony in Ohio?
Misdemeanors are handled in municipal court and carry up to 180 days in jail (for first-degree misdemeanors). Felonies are handled in the Court of Common Pleas and carry prison sentences ranging from 6 months to 11 years or more depending on the degree. Both can have lasting effects on your record, employment, and licensing.
Your Rights and Options
Do I need a lawyer for a misdemeanor?
Yes. Even a misdemeanor conviction stays on your criminal record and can affect employment, housing, professional licensing, and immigration status. A misdemeanor is not a minor thing on a background check. Having an attorney review the facts and explore your options — including diversion programs, reduced charges, or dismissal — is worth it.
Can the charges be dismissed?
Sometimes. Charges can be dismissed if the prosecution lacks sufficient evidence, if evidence was obtained unlawfully, if there are procedural violations, or through successful completion of a diversion or intervention program. There is no guarantee — but these are legitimate outcomes that depend on the facts of the case.
What if I can't afford a private attorney?
You have the right to a court-appointed attorney (public defender) if you cannot afford private counsel. The court will determine eligibility based on your income. Public defenders are licensed attorneys — however, they typically carry high caseloads. If you can retain private counsel, you generally have more access to your attorney throughout the case.
Can my record be expunged in Ohio?
Some Ohio convictions and arrests can be sealed (effectively expunged) after a waiting period. Eligibility depends on the type of charge, the outcome, and how many prior convictions you have. Serious felonies and certain offenses are not eligible. If you have past charges you would like to address, this is worth discussing.
Warrants and Probation
I have a bench warrant. What should I do?
Do not ignore it. A bench warrant authorizes police to arrest you at any time — during a traffic stop, at work, or at home. Warrants do not expire. Contacting an attorney who can address the warrant directly with the court — often getting it recalled and a new date scheduled — is much better than waiting to be arrested.
What happens if I violate probation?
A probation violation hearing is scheduled before the sentencing judge. The standard of proof is lower than a criminal trial — the court only needs to find a violation more likely than not. If found in violation, the judge can revoke probation and impose the original suspended sentence. Having an attorney at that hearing to present your situation and advocate for continued probation rather than incarceration is important.
Working With This Firm
How quickly will you respond if I call?
We aim to respond to all calls and consultation requests as quickly as possible. If you call during business hours at (330) 331-9172, you should be able to reach someone. For after-hours matters, leave a message and we will return the call as soon as possible. If you have a warrant or an imminent court date, say so — urgent situations are prioritized.
Is my consultation confidential?
Yes. Attorney-client privilege attaches to your communications with us from the initial consultation. What you tell us is protected. Submitting the contact form on this site does not create an attorney-client relationship — that is established formally — but the content of any consultation is confidential.
What courts do you handle cases in?
We regularly appear in Medina County Common Pleas Court, Medina Municipal Court, Wadsworth Municipal Court, Brunswick Municipal Court, Wayne County Common Pleas Court, Wooster Municipal Court, Summit County courts, and surrounding Northeast Ohio municipal courts. See our full courts page for details.
Still Have Questions?
Call directly or request a consultation. Initial consultations are confidential.