An arrest or a criminal charge is frightening. What you do in the first hours can shape the whole case. Here is what to know, in plain language.
1. The First Three Rules
- Stay silent. You have the right to remain silent. Use it. Anything you say can be used against you.
- Don’t consent to searches. Police need a warrant or a legal reason. You can say, “I do not consent to a search.”
- Ask for a lawyer — and don’t answer questions until one is there. If you can’t afford one, the court will appoint one.
2. Misdemeanor or Felony?
- Misdemeanors are less serious, from a minor misdemeanor (no jail, fine up to $150) to a first-degree misdemeanor (up to 180 days in jail, fine up to $1,000). Examples: petty theft, disorderly conduct, a first OVI.
- Felonies are serious — five levels (F5 to F1), with prison from 6 months to life depending on the level. Examples: burglary, drug trafficking, aggravated assault.
The level decides which court hears the case, what penalties apply, and how urgent it is to get a lawyer involved early.
3. The Process
- Arrest / charge — police arrest you, or a grand jury indicts you.
- Arraignment — your first court appearance: the charges are read, you enter a plea (usually “not guilty” at this stage), and bail is set.
- Pretrial — your lawyer gets the evidence, files motions (for example, to suppress illegally obtained evidence), and negotiates with the prosecutor.
- Plea or trial — most cases resolve with a plea bargain. If not, the case goes to trial before a judge or jury.
- Sentencing — if convicted, the judge sets the penalty within the range for the offense.
4. OVI — Ohio’s Drunk Driving Charge
In Ohio it is called OVI (Operating a Vehicle Impaired), not DUI. Even a first offense brings license suspension, fines, and possible jail. Refusing the breath test carries its own penalties. OVI cases often turn on the traffic stop, the tests, and police procedures — all things a lawyer can challenge.
5. Plea Bargains — How Most Cases End
A plea bargain is a deal: you plead guilty (often to a lesser charge) in exchange for a lighter sentence. It gives certainty and avoids trial risk — but a guilty plea is a conviction, with lasting consequences for jobs, housing, and licenses. Never plead without a lawyer’s advice.
6. After the Case: Sealing Your Record
Ohio law allows eligible people to seal (expunge) criminal records — misdemeanors and many felonies, after waiting periods and if the requirements are met. Sealing hides the record from most background checks. Ask a lawyer whether your case qualifies.
The Bottom Line
The earlier a lawyer gets involved, the more options you have — especially in felony cases. If you or a family member is charged, contact us right away at (440) 835-2271 or info@leijianglaw.com.
This article is general information only and is not legal advice.