• FELONIES: Drug charges ▪ Sex crimes ▪ Robbery/Burglary offenses ▪ Murder ▪ Felony DUI• MISDEMEANORS: Assault ▪ Domestic Violence ▪ CCW ▪ Theft/Embezzlement ▪ DUI ▪ OVI• JUVENILE CASES: All Felonies, Misdemeanors, and Traffic Violations
Have you been arrested? Do you know your rights? Do you know how do you plead at your arraignment? Are you looking for a trial attorney to take your case all the way to a jury trial? We routinely handle criminal defense cases at all levels - municipal, county and state courts. When you hire us, we will make sure that you receive the benefit of all your constitutional rights. We have taken countless cases through trial. We are committed to helping you through our complex and frustrating criminal justice system. Experience Counts: Let our 27 years of experience go to work for you. Know your rights! Call us and schedule a FREE OFFICE CONSULTATION in one of our three office locations listed below. We will meet with you to discuss all options available to you. Or, if you prefer to speak to us on the telephone, please do not hesitate to call, and we will schedule a FREE TELEPHONE CONSULTATION. Of course, you may also E-MAIL us by filling out the form on the "CONTACT US" page of this website, and we will be in touch with you shortly Please continue reading to learn more about your guaranteed constitutional rights: YOUR RIGHTS IF YOU ARE ARRESTED BY THE POLICE: 1. If an Officer wants to ask you questions other than your name and address, he or she must advise you that you have a right not to answer the questions. 2. You have the right to be told why you are being arrested and the nature of the charges against you (the crime for which you are being arrested). If you are arrested on a warrant, you have the right to see the warrant within a reasonable time after your arrest, to read it and make certain your name appears on it, and to see the charge against you. 3. You have the right to be told your constitutional rights (commonly called your Miranda Rights) before you are questioned-not before you are arrested. Your Miranda Rights are: * The right to remain silent and not answer any questions at all; * The right to know that if you waive (give up) your right to remain silent and do answer questions, the Police can use your answers against you in a Court to get you convicted; * Even if you begin to answer questions, you have the right to STOP answering questions at any time and to speak with an attorney; * You have the right to speak privately with an attorney before you answer any questions or sign anything; * If you cannot afford an attorney and if the crime for which you have been arrested has jail time as a possible penalty, you have a right to have an attorney appointed for you to represent you at no cost to you before being questioned, and to have that attorney present with you during any questioning to which you may later agree to submit.
Remember, you cannot be penalized for refusing to answer an Officer's questions. If you try to cooperate by answering questions while you are being held in Police custody, you may create difficulties for your lawyer in defending you later on. ALWAYS ASK TO SPEAK TO A LAWYER. 4. You also have the following rights: The right to telephone an attorney, or any responsible person, to tell him or her that you have been arrested and what the charges are. You are not limited to one (1) telephone call if more calls are needed to contact someone. The right to refuse any physical or chemical test (such as a polygraph "lie detector," breathalyzer, intoxilizer, field sobriety tests or physical performance tests such as walking a straight line or making other movements, the look-at-the-pen test, or mental ability tests like reciting the alphabet or doing math), until you can talk to your lawyer. The right to have your attorney present at any line-up or other identification procedure in which you are viewed by possible eyewitnesses to a crime. The right to reasonable bail or bond to secure your release from jail, unless you are charged with a capital crime. Usually a Judge sets the bail or conditions of your release. If you are charged with a misdemeanor, and if no Judge is available, the Police may, at Police headquarters, accept bail in accordance with rules established by the Judge. The right to be brought before a Court as soon as is reasonably practicable after your arrest, so that you can request a preliminary hearing to test the basis of your arrest and/or trial to determine your guilt or innocence. IF YOU ARE ARRESTED, WHAT WILL THE POLICE DO? If you are arrested, the Police will search you for weapons, handcuff you, transport you to jail, and photograph and fingerprint you for identification. If you are not under arrest, or if Police do not have a search warrant (a Court order allowing them to search), the Police may ask you to ALLOW them to search your car, your home and/or your other possessions. YOU CAN REFUSE TO CONSENT TO THESE SEARCHES. You have a constitutional right to be free from unreasonable searches and seizures; most of the searches for which an Officer might ask your consent would require the Officer to first obtain a warrant from a Judge, unless you consent and give up this right. Only a Judge can decide whether the search is proper before that search is conducted. There is no penalty for exercising your right to have the Judge decide whether to allow the search. Your refusal to consent to a search cannot be used against you. If you are uncertain about how to respond to any request made by an Officer, assert your right to counsel and discuss it with your attorney first before taking further action on the Officer's request.
DO'S AND DONT'S DURING YOUR ARREST AND CUSTODY: Do not argue with the Police. You cannot talk your way out of being investigated, arrested or prosecuted. Do not try. Any explanation you give the Police may give them more information than they already have, so it's often wise to save your explanation and defenses for Court. If you have been arrested, the Police believe you committed a crime. Their job is to investigate and gather evidence. Telling the Police your side without a lawyer present is usually a bad idea, even if you believe you have done nothing wrong. Only your attorney and the Judge have the power legally to make things easier/better for you. Always pay very close attention to what happens when you first encounter the Police and afterwards. Try to memorize who was there to see and hear what happened. Sometimes the Court needs to look into what happened to you while you were in custody. It will help you if you can later fully inform your counsel about these events, so be observant. Do not tell your family and friends all about it or ask non-lawyers for legal advice. It is possible, if not probable, that they may be ordered to appear at trial to repeat what you said. Rely on your lawyer to advise and defend you no matter what you did or did not do. Legal ethics rules prohibit your attorney from disclosing without your permission any information you give him or her during the attorney-client relationship. However, your attorney may disclose your intention to commit a crime and the information necessary to prevent the crime. Also, your attorney has an ethical duty to keep you from offering testimony that he or she knows is not true.
YOUR RIGHTS IN COURT - THE JUDGE MUST: 1. Tell you the crime of which you are accused and explain it to you if you do not understand it. 2. Give you a copy of the written complaint against you if you do not have one already. 3. 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 can't afford to pay an attorney to help you. 4. 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. 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. 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. (If someone later sues you civilly over the incident, he or she will have to prove you were at fault and violated the law - a no contest plea cannot later be used against you in a civil lawsuit for money damages.) However, please note that most " no contest " pleas result in a " guilty " finding unless the arresting Officer has cited you under the wrong statute or ordinance, or if the arresting Officer's written statement of facts fails to sufficiently support the charge. GUILTY means you admit the crime(s) of which you are accused and waive (give up) your right to a trial at which the prosecution would have to prove your guilty beyond a reasonable doubt. You also give up your right to remain silent, and your right to an appeal. The Judge may sentence you immediately or at a later hearing. Also, a guilty plea can later be used to prove you were at fault in a civil lawsuit. Of course, a guilty plea to a charge can lay the basis for a harsher punishment if you are later convicted of another offense. Free Consultation! Call Us Today! 27 Years of Experience Fighting For Your Rights! | WARREN OFFICE:
183 W. Market St., 2 nd Floor
Warren, OH 44481
(330) 394-1587 | YOUNGSTOWN OFFICE:
26 Market St, #508 (Huntington Bldg.)
Youngstown, OH 44503
(330) 746-5050 | |
COLUMBUS OFFICE:
625 City Park Ave.
Columbus, OH 43206
(614) 223-1444 | CALL TOLL FREE: (866) 374-7649 FAX TOLL FREE: (888) 394-6919 | |
| 
