Some of the things that must be racing through your mind if you have been arrested include wondering what is to come of the arrest; are you going to be charged? If so, what is going to happen; are you going to be tried and convicted? More importantly, you must be wondering if you are going to be released while all that is being sorted out. At VanNoy Firm, we have a dedicated Dayton criminal charge lawyer who can not only answer all these questions but is here to help you mount a successful defense against the criminal charges you face.
Both the U.S. constitution and Ohio law provide those who have been accused of a crime certain constitutional rights. These rights include the right to remain silent, which means the right to refuse to answer any questions while in the custody of law enforcement.
When you are taken into custody, the arresting officer will have your fingerprints and photograph taken at the police station. They will also ask you basic informational questions such as your name and date of birth. If you had any belongings with you, such as a wallet, watch, ring, and so on, these will be recorded and stored.
The law requires once you have been taken into custody, you must be presented before a magistrate or judge promptly. When you are brought before a magistrate or judge, the government prosecutor will inform you and the court what you are being charged with. You will also be informed of your constitutional rights.
You will then be asked to either admit or deny the charges. If you admit the charges, the magistrate or judge will either sentence you on the spot, or they will order that you either be released pending sentencing or to be held in custody until the sentencing day.
If you deny the charges, the magistrate or judge will make the same determination as to whether you should be released or held in custody pending your trial.
If you deny the charges against you, then your Dayton criminal charge lawyer will negotiate with the prosecutor to try to either have the charges dropped or reduced, or reach an agreement that is the most favorable for you short of taking the case to trial.
Most criminal cases are resolved through this plea-bargaining process where the government gets a conviction, but the defendant also gets what is the most favorable for them rather than risking taking the case to trial and getting a worse outcome. Reaching a plea agreement can be a win-win for everyone in certain situations.
If no plea agreement is reached, or if you want to fight your charges at trial, then the case must go to trial. At trial, the government will be required to prove their case against you beyond a reasonable doubt. This is a high burden to prove but not insurmountable, especially if the facts are there to prove the case. You will have the right to challenge the evidence and to also present your own evidence if you must. A judge or jury will then render their verdict of guilty or not guilty.
If you have been arrested and are facing a criminal charge in Dayton, contact our office today and ask to speak to a dedicated criminal charge lawyer.
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