A felony charge case can involve many different kinds of crimes here in Ohio. A felony case can take anywhere from months to years to resolve typically, depending on the severity of the case and who’s involved.

The investigation often can last days, months, or even years before you’re formally charged in what’s called an indictment. After that indictment, you’ll have something called an arraignment, which is when it all gets started in court. 

After that, you’ll appear for many pre-trials, when they bring everyone into court to try to get the cases resolved. 

If the case is not resolved, it will go to trial.

No. It’s always advisable to talk with your lawyer before you talk to the police, and then bring your lawyer with you to talk to the police, as well. Without your advocate there, the police may (intentionally or unintentionally) take what you say out of context, twist your words, or attempt to confuse you.

Yes. The penalties include: 

1. Minor misdemeanor: $150 fine and no jail time
2. Misdemeanor of the fourth degree: $250 fine and 30 days in jail
3. Misdemeanor of the third degree: $500 fine and 60 days in jail
4. Misdemeanor of the second degree: $750 fine and 90 days in jail
5. Misdemeanor of the first degree: $1,000 fine and up to 180 days in jail
6. Felony of the fifth degree: $2,500 fine and 6 to 12 months in prison
7. Felony of the fourth degree: $5,000 fine and 6 to 18 months in prison
8. Felony of the third degree: between $5,000 and $10,000 fine and 1 to 5 years in prison
9. Felony of the second degree: between $7,500 and $15,000 fine and 2 to 8 years in prison
10. Felony of the first degree: between $10,000 and $20,000 fine and 3 to 11 years in prison

Drug trafficking is when you are allegedly caught with drugs that you allegedly intend to sell. Drug possession, on the other hand, is when you are allegedly caught with drugs on your person or in your belongings.

While drug possession is typically only a misdemeanor, drug trafficking is a felony charge with serious consequences.

Possibly. Even if you are legally using medical marijuana, you could still be charged with a DUI/OVI if you test over the state’s limit for THC, or a police officer believes you are impaired.

Whether you’re pulled over on the side of the road or stopped at a checkpoint, you still have certain rights:

• • The right to remain silent other than to give your name: Anything you say could be used against you in court, so you don’t have to answer questions like “have you had anything to drink tonight?” or “Where are you coming from?” However, you do have to provide certain identifying information such as your name, license, proof of insurance, etc.
  • The right to refuse consent to a search of your car: Unless the police officer has a search warrant (or probable cause), they’re legally not allowed to search your car without your consent.
  • The right to refuse to perform roadside field sobriety tests: These tests are almost impossible to pass even if you’re sober, and are subjectively judged by the officer and merely used to arrest you to get you back to the station to request a chemical test.
  • The right to refuse to submit to a roadside portable breath test (PBT): PBTs are inaccurate breath tests done on the side of the road to help the officer establish the probable cause needed to arrest you.  There is no penalty for refusing this test and the result of this test is not admissible in court because they aren’t reliable.
  • The right to an attorney: You have the right to ask to speak to your attorney, or ask to speak to a public defender if you don’t have one.

Ohio has three types of vehicular homicide:

• Aggravated vehicular homicide: A person can be convicted of this while:

• • in violation of the state’s OVI/DUI laws
  • in violation of the state’s boating under the influence (BUI) laws
  • driving recklessly, or
  • committing a reckless operation offense in a construction zone.
• Vehicular homicide: A person can be convicted of this while:
  
  • driving negligently, or
  • speeding in a construction zone.
• Vehicular manslaughter: A person can be convicted of this while:
  • committing a traffic violation that is a minor misdemeanor (i.e., speeding and running a stop sign or red light).

Murder charges in Ohio are the most serious types of criminal charges someone can face. That’s because murder, unlike manslaughter, suggests that the perpetrator had the intent to kill their victim.

Voluntary manslaughter is closer to murder in that the perpetrator allegedly had intent to kill someone, but in this case, the killing was the result of emotional excitement that could have led a reasonable person may have acted on impulse. This is often known as a “heat of passion” crime. 

People accused of involuntary manslaughter are assumed to have not intended to kill their victim. It’s often referred to as “criminal negligence.” 

In some instances, it may be necessary to protect yourself or others. As of April 5, 2021, Ohio’s new “Stand Your Ground” law has also gone into effect, reversing the traditional “duty to retreat” idea. 

Now, to claim self-defense, Ohio law requires a defendant to prove:

• They were not the aggressor in the situation;
• They had a reasonable belief that they were in danger.