General Legal Information
General Legal Information and Resources
Felony Cases, Misdemeanors, Constitutional Rights, How to Hire a Criminal Lawyer
Felony Cases
Felony cases are generally considered more serious than misdemeanor cases. In Ohio, felony cases are categorized typically as first, second, third, fourth or fifth degree felonies. The penalties are as follows:
| First Degree |
3-10 years |
| Second Degree |
2-8 years |
| Third Degree |
1-5 years |
| Fourth Degree |
6-18 months |
| Fifth Degree |
6-12 months |
Murders, rapes and certain drug offenses deviate from the above chart.
In Ohio, sentencing laws are complicated and intertwined so it is vital that you have a qualified attorney to advise you of all possible consequences.
Misdemeanors
Misdemeanors are crimes that are less serious than felonies and which are generally punishable by a fine, a period of probation or a jail sentence of less than one year. Misdemeanor crimes include disorderly conduct, petty theft, menacing, aggravated menacing, criminal trespass, domestic violence (first offense), and assault. Judges may also sentence offenders to a designated period of community service or jail. While less serious than a felony crime, a conviction of a misdemeanor crime still becomes part of the criminal record, although it is sometimes possible to have this record removed or expunged at a later date. If you are accused of a misdemeanor crime you have the right to an attorney. The way your case is handled can affect your chances of having your record cleared in the future so you should ask your attorney about the possibility of becoming eligible to have a possible conviction removed from your record at a later date.
Constitutional Rights
Constitution protects you from unjust attention or unfair treatment by the authorities in a number of ways. According to the Fourth Amendment the police are not allowed to arrest you unless they have probable cause. This means that they must have good reason to suspect that a crime has taken place and that you committed it. The police are not allowed to conduct mass arrests or to detain suspects simply on the basis of a guess. The Fourth Amendment also limits the power of the police to search you without probable cause, to enter your property without a warrant, or to seize or remove your property without probable cause. Search and seizure laws can be complicated to interpret, even for professionals, and the application of these laws is often the focus of debate. The Fifth Amendment protects your right not to incriminate yourself even if you are being interviewed after the police have arrested you, you have the constitutional right to remain silent if your answers may incriminate you. The Constitution also guarantees that you cannot be held in custody for an unreasonable period of time without being charged with a crime. Even when you have been formally charged, the Constitution limits the amount of bail that can be set by a judge. According to the Eighth Amendment bail cannot be excessive or be used as a form of punishment. However in serious cases the amount of bail is set high to ensure that the suspect remains in custody. The US Supreme Court has not yet determined whether or not this type of preventive detention is constitutional.
How to Hire a Criminal Lawyer
If you’ve been arrested you’ll generally want to talk to an attorney as soon as possible. If you can afford to pay an attorney you will need to find the best one you can afford. Attorneys can set their own fees and these differ greatly depending on their experience, location and the complexity of the case. Generally an attorney will charge more to defend you on a felony charge than on a misdemeanor charge. Lawyers who limit their areas of practice to just a couple of areas of the law may indicate both a level of interest in that area of law and a decree of commitment. The Ohio Supreme Court recognizes and certifies lawyers who specialize in certain areas of the law. The Ohio Supreme Court recognizes the National Board of Legal Specialty Certification to certify criminal trial specialists. Mr. L. Patrick Mulligan has been certified by this organization since 1997.
