What Happens After a DUI Arrest
Similar to other states across our country, Ohio has a set process for those who have been arrested for a criminal offense, including traffic crimes. Although seemingly complicated, the criminal process can be broken down into a few subcategories, making the procedure easier to understand. This knowledge has the potential to keep you from making administrative or legal mistakes that could compromise your case and lead to the maximum penalties.
A transparent understanding of the Ohio criminal process, along with the help of a qualified Cincinnati criminal defense attorney will give the greatest chance at fighting the allegations that have been levied against you.
The Post Arrest Process for DUI Offenders in Ohio
At the Joslyn Law Firm, our attorneys and staff understand that you are facing a complex and stressful situation. One of the most important ways to minimize the confusion is through knowledge. This is why we have created this website for men and women throughout Ohio to better understand an oftentimes-complex criminal justice system.
We strongly believe in creating informed defendants who are aware of their rights and the possible defense options available to them. This type of knowledge is invaluable in protecting oneself from a potentially aggressive prosecution and criminal investigation.
Joslyn Law Firm represents adults, college students, and minors who have been arrested on suspicion of driving under the influence of alcohol or drugs. A conviction for drugged or drunk driving in Ohio can have long lasting repercussions, even after court ordered sentencing has been satisfied. Each DUI defense lawyer from our firm provides critical counsel and open-communication throughout every step of the way to help you pursue a favorable outcome.
Please browse our website to learn more about the following topics on Ohio's criminal justice system:
- Driver's License Suspension
- Chemical Testing for Blood Alcohol Content
- Defenses to a Drunk or Drugged Driving Charge
- Potential Pretrial Diversion Programs
- Out-of-State Visitors Charged with DUI
- Extradition for DUI
- Hamilton County Mayors Court
- Ohio Driver Intervention Courses
- Frequently Asked Questions on Ohio OVI Law
The information provided on the website can help you on the first step towards getting your life back on track. However, please note that this is only intended for general information purposes and is not meant to be taken as official legal advice. The specific details surrounding your case can have an impact on the options available to you. Only an qualified Ohio criminal defense attorney can provide you with official legal counsel.
Contact Joslyn Law Firm today for more information and insight into your unique situation. Our Cincinnati DUI law firm provides free consultations. This is your opportunity to learn more about your defense options during an honest and open meeting. Call (513) 339-6289 today and take the first step into safeguarding your future or that of your loved ones from an OVI conviction.
Ohio's Criminal Justice System After DUI Arrest
- What Happens After an Arrest for DUI in Hamilton County?
- Protecting Your Constitutional Rights After a DUI Arrest in Cincinnati OH
There are several steps that you can expect immediately after any arrest for driving under the influence in Ohio. The primary steps of the criminal process may include:
Following the initial arrest and traffic stop, the responding law enforcement office will transport you to the station where you will be fingerprinted, photographed and asked basic information questions such as your name and date of birth. All of you personal items will be cataloged and stored for when you are released.
Once the alleged offender has been charged with his or her DUI, they are required to make an initial court appearance. This appearance is called the arraignment and is used to inform the defendant of the charges that are facing, along with their constitutional rights. This is where the suspect will enter their plea of guilty, not guilty or no contest. The judge will also take this time to determine whether bail is available, along with the amount.
The plea of Not Guilty asserts that the charges against the defendant are not true and they did not commit any such crime, whereas a plea of Guilty is an admission to the facts and charges against the alleged defender. No Contest is a plea that asserts the offender did not commit the crime but are unable to prevail against the charges.
This step in the process is where your attorney will request any relevant documents, including witness statements, victim statements, physical evidence, and police reports. Your defense lawyer will essentially be looking for any evidence that will potentially be used against you during trial. If the prosecution refuses to hand over any documentation, your attorney can file a motion to compel discovery.
A plea bargain is an incentive given by the prosecution to the defendant to plead guilty. The defendant should not initiate a plea without first consulting with an experienced criminal defense lawyer. Although plea bargains are generally not the most desirable option, they may be the best alternative available under extreme circumstances.
A preliminary hearing is a proceeding after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. In the United States, the judge must find there is probable cause that a crime was committed. This is a critical aspect of felony cases and will usually occur within 10 days of the defendant's initial appearance.
Additionally, your defense attorney will be able to cross-examine the prosecution's witnesses and present evidence. This is a critical aspect of felony cases in particular, and helps the attorney find holes in the allegations levied against the defendant.
If a plea bargain is not entered after the arraignment, the case will proceed to trial. In some cases, the judge will schedule a pre-trial hearing. During the pre-trial hearing, the prosecution and defense discuss the strengths and weaknesses of their side, and may attempt to re-negotiate a plea agreement.
The criminal trial typically includes the following steps:
- Opening Statements
- Presentation of Evidence (call witnesses to testify)
- Closing Argument
- Jury Instructions (if not tried by judge)
- Jury Deliberations
Once a verdict is reached you will either be set free if found not guilty, or a sentencing date will be scheduled if found guilty.
For all Ohio state trials, convicted individuals have the right to appeal a felony conviction. An appeal is typically based on a mistake of law made during the trial (for example, evidence was admitted that should have been excluded). The mistake must have been a "reversible error," meaning it is serious enough that it would have affected the verdict of the judge or jury. If the appeal succeeds, it is likely (but not guaranteed) that a new trial will be held.
If you or a loved one has been charged with operating a vehicle under the influence of alcohol or drugs, arm yourself with knowledge. Exercise your right to remain silent and review your case with a qualified Ohio DUI defense lawyer. With capable representation, you will have a strong ally who can combat the charges against you, helping you in the fight to regain your cleared name.
Joslyn Law Firm is Cincinnati OVI defense firm that was founded on the values of justice and upholding individual rights. This guides their decision-making and keeps your best interests at the forefront of every action taken. In addition to serving the residents of Hamilton County, the firm proudly fights to bring justice to individuals arrested for DUI in the counties of Butler, Clermont, Clinton, Greene, and Franklin.
Call (513) 339-6289 or send an online message to schedule a free and confidential consultation to go over your DUI case with an attorney at Joslyn Law Firm today. The firm's quick response time will guarantee that work on your case will start as soon as possible.