In a jury trial, 12 of your peers, or 8 in a misdemeanor case, determine whether you are guilty or not of the crime you are accused of. In a bench trial, the judge determines whether you are guilty or not, and there is no jury present. Have you recently been accused of a crime [...]
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A bindover hearing in juvenile court is a hearing conducted in front of a judge to determine if a juvenile accused of a serious offense, such as rape or murder, should be bound over to the adult court system and tried as an adult. If you or someone you know have questions regarding legal actions [...]
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Yes. A dismissal for want of prosecution is considered a dismissal without prejudice. As such, the State can refile its case against you if it so chooses. However, oftentimes the State elects not to do so. Are you having difficulties with a criminal case and need some expert advice on where to proceed next? If [...]
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Once a Grand Jury indicts you on a felony offense, you will either be issued a summons to appear in court or a warrant will be issued for your arrest. The first court appearance after you are indicted is the arraignment, at which you will enter a plea and the judge will assign you a [...]
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Yes. If an intruder trespasses in your home or vehicle, you are entitled to use deadly force against them. As your home or vehicle is private property, you have the right to defend yourself against an intruder. If you would like to speak to someone about your legal rights with regard to personal property or [...]
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No. In Ohio, Possession of less than 100 grams of marijuana has been decriminalized, meaning that a conviction for possession of marijuana does not result in a criminal record. So, if someone asks if you have ever been convicted of a crime, you can legally tell them “no.” However, possession of marijuana carries up to [...]
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When you enter a guilty plea you are completely admitting that you are guilty of the offense, and the plea can be used against you in later proceedings. When you enter a no contest plea, you are admitting the facts alleged by the state but are NOT admitting guilt, and therefore the plea cannot be [...]
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You should always plead Not Guilty, and ask for time to hire a lawyer. You will not be penalized for pleading not guilty and later changing your plea. If you plead guilty or no contest, you will automatically be convicted of the offense, and it can be difficult to withdraw a guilty or no contest [...]
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Only if you are placed in custody. The police are not required to read you Miranda rights if you are not in custody, but are merely having a consensual conversation with them. They are also not required to read you Miranda rights if they do not interrogate you. However, if you are in an encounter [...]
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If you have a question about Criminal Law & Procedures in Dayton, Ohio, it’s likely that we have the answer right here. There are three ways to find the answer to your question. One, you can scroll through the information below, or two, just type your question in the search box to the right and [...]
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