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Charged With a Crime?
Here's What To Do.
Being arrested or charged with a crime is disorienting. Most people have no experience with the criminal justice system and do not know what to expect. This page explains what happens, what you should do, and what mistakes to avoid.
Step 1: Exercise Your Right to Remain Silent
When police question you, you do not have to answer. You have a constitutional right — under the Fifth Amendment — to remain silent. This is not a technicality. It is one of the most important protections you have.
What people often do not understand is that anything you say can be used against you — not just confessions. Partial explanations, inconsistencies in your account, or innocent-sounding statements can all be used by prosecutors to build a case. Experienced investigators know how to use informal conversation against you.
The right thing to say to police is: "I am invoking my right to remain silent and I would like to speak with an attorney." Then stop talking.
You can be polite. You do not need to be hostile. But you should not explain, justify, or minimize what happened until you have spoken with a lawyer.
Step 2: Understand What You're Facing
Criminal charges in Ohio are classified as felonies or misdemeanors.
Misdemeanors
- • 1st Degree: Up to 180 days jail, $1,000 fine
- • 2nd Degree: Up to 90 days jail, $750 fine
- • 3rd Degree: Up to 60 days jail, $500 fine
- • 4th Degree: Up to 30 days jail, $250 fine
- • Minor Misdemeanor: No jail, up to $150 fine
Examples: first-offense OVI, simple assault, petty theft, domestic violence (first offense).
Felonies
- • 5th Degree: 6–12 months prison
- • 4th Degree: 6–18 months prison
- • 3rd Degree: 9 months – 5 years prison
- • 2nd Degree: 2–8 years prison
- • 1st Degree: 3–11 years prison
- • Unclassified: Murder, rape (special ranges)
Examples: drug trafficking, felony assault, burglary, identity theft.
Even misdemeanor convictions matter. A conviction can appear on background checks indefinitely, affect professional licensing, affect immigration status, and impact housing and employment. Do not treat a misdemeanor as trivial.
Step 3: Your First Court Appearance (Arraignment)
The arraignment is your first formal appearance in court. Here is what happens:
- →Charges are read aloud: The judge will state the charges against you formally. This is when you find out exactly what you are charged with.
- →You enter a plea: You will be asked to plead guilty, not guilty, or no contest. In most cases, the right initial plea is not guilty — this preserves your options. Pleading guilty at arraignment before you have reviewed the evidence is almost never the right move.
- →Bond is set or continued: The judge decides whether to release you on personal recognizance (no payment required), set a bond amount, or hold you. Your attorney can argue for reasonable bond conditions.
- →Dates are scheduled: Pretrial hearings and, if necessary, trial dates are set.
If you were arrested and held, arraignment typically happens within a few business days. If you received a summons, your arraignment date should be on the paperwork.
Step 4: Get an Attorney Before Your First Court Date
The early stages of a criminal case set the tone for everything that follows. Evidence is gathered, statements are made, and initial impressions are formed. Having an attorney from the start means someone is looking out for your rights at every step — not just at trial.
A public defender is available if you cannot afford private counsel. However, public defenders carry very high caseloads and are often not available until the arraignment date. A private attorney who is engaged early can review police reports before court, investigate the facts, and come to arraignment prepared.
If you have been charged and have not yet spoken with an attorney, call now. There is no commitment required to have an initial conversation.
What Prosecutors Are Doing While You Wait
The prosecution begins building its case from the moment of arrest. Officers write reports, evidence is collected and logged, witnesses are contacted, and the prosecutor reviews everything to decide what charges to file and whether to offer any plea deal.
The prosecution's job is to convict. They are professionals who do this every day. Your attorney's job is to review everything they have, identify weaknesses in their case, and build the strongest possible defense on your behalf.
Many cases are resolved without trial — through negotiated pleas, dismissals, or diversion programs. But how well your attorney understands the case and the prosecution's evidence directly affects the quality of any outcome.
Quick Reference: What To Do and What Not To Do
✓ Do This
- → Remain silent when questioned by police
- → Ask for an attorney immediately
- → Show up to all court dates
- → Gather and preserve any documentation
- → Write down what happened while it's fresh
- → Follow all court and bond conditions
- → Contact an attorney as soon as possible
✗ Do Not Do This
- → Talk to police without an attorney present
- → Miss any court date or probation meeting
- → Discuss your case on social media
- → Contact alleged victims or witnesses
- → Plead guilty before reviewing the evidence
- → Assume the charge is minor and doesn't matter
- → Wait to get legal advice
Ready to Talk to an Attorney?
If you have been charged with a crime in Medina County, Wayne County, Summit County, or surrounding Northeast Ohio courts, call now or request a consultation. The conversation is confidential.
Call (330) 331-9172