Criminal Misdemeanor Attorney Columbus Ohio

With criminal misdemeanor charges, you have more options than you think. As a Columbus Ohio experienced criminal misdemeanor defense attorney, I pay close attention to the details, anticipate problems, and solve them before they become an issue. Hire an attorney that will fight hard for the results you depend on.

Types of Misdemeanors

A Criminal Misdemeanor is generally punishable up to 1 year in jail and/or court costs and fines. In Ohio, a criminal misdemeanor is categorized as follows:

M1: 1st Degree Criminal Misdemeanor: Punishable up to 6 months in jail & up to $1,000 fine.
M2: 2nd Degree Criminal Misdemeanor:Punishable up to 90 days in jail & up to $750 fine.
M3: 3rd Degree Criminal Misdemeanor: Punishable up to 60 days in jail & up to $500 fine.
M4: 4th Degree Criminal Misdemeanor: Punishable up to 30 days in jail & up to $250 fine.
MM: Criminal Minor Misdemeanor: Punishable up to No Days in jail & up to $150 fine.

Misdemeanor Process

The person that is charged with a crime is called a Defendant, and the Criminal Prosecutor represents the state or county. When a person faces criminal misdemeanor charges, they can be charged with various categories of Criminal Misdemeanor or Felony. The criminal prosecutor makes the decision to dispose of a case by a plea bargain, dismissal, acquittal, or a criminal conviction. The various stages of criminal procedure with criminal misdemeanor are Arraignment, Pretrial, and Trial.

Arraignment

After a person is charged with a crime, a Criminal Misdemeanor Arraignment is set for the initial pleading of a crime. The criminal misdemeanor defendant has the following possible pleadings:

Not Guilty: Upon a plea of not guilty or a plea of once in jeopardy, if the charge is a misdemeanor, the court shall proceed to set the matter for trial at a future time.

Guilty: Pleading guilty to the charges requires the judge to explain the circumstances of the offense, and after hearing the explanation of circumstances, together with any statement of the accused, the court or magistrate will proceed to pronounce the sentence or shall continue the matter for the purpose of imposing the sentence.
No Contest: stipulates the judge or magistrate may make a finding of guilty or not guilty from the explanation of the circumstances of the offense. However, this should not be construed as an admission of any fact at issue in the criminal charge in any subsequent civil or criminal action or proceeding

If a criminal misdemeanor defendant pleads not guilty, they may have a trial by the judge or a trial by jury (except minor misdemeanors where a trial by judge is required). In addition, Bail is set at arraignment with a Bail Hearing. The criminal misdemeanor defendant has the right to have a trial heard within a certain time limitation, unless the defendant voluntarily waives those time limitations. Pleading Guilty to certain offenses may have consequences on deportation for immigrants.

Defendant's Right to Speedy Trial

You have a right to a speedy trial under the Sixth Amendment of the United States Constitution, requiring that the trial be held within a certain time frame after a person has been charged with a crime. This right can be waived by asking for additional time for the preparation of your defense. With limited exceptions, a criminal misdemeanor defendant should be brought to trial in Ohio within the following time frames:

30 days if the charge is pending in a court not of record or in a court of record if the charge is a minor misdemeanor
45 days if the charge is a misdemeanor of the third or fourth degree, or any other misdemeanor for which the maximum penalty is imprisonment of no more than 60 days
90 days if the charge is a misdemeanor of the first or second degree, or any other misdemeanor for which the maximum penalty is imprisonment for more than 60 days
275 days after arrest if the charge is a felony.

Beyond a Reasonable Doubt

You have a right to a trial where the criminal prosecutor must prove their case Beyond a Reasonable Doubt. Defendant may also have the justification of Self-Defense or Defense of Others in the situation. Every criminal misdemeanor case has its own unique set of circumstances, and the strength or weakness of a criminal misdemeanor case depends on the specific facts and how those facts apply to the specific criminal law. Take the time to speak with an attorney to evaluate your criminal misdemeanor case.

Take the First Step

Taking the first step towards a new life is often the hardest step. I can guide you through the legal process in Ohio. I offer immediate and personalized service to help you resolve your legal matters in Ohio as quickly as possible.

In the free, initial consultation, I assess what is going on with a client and determine if I can help them. My fees are based on the complexity of the case, but I try to competitively price my fees in a reasonable, affordable, and efficient way. Please call me to set up a free initial consultation:

Address: 1335 Dublin Rd., Ste. 211A, Columbus, OH 43215

E-mail: RWITTEL3@YAHOO.COM

Call: (614) 445-3000