Criminal Defense

Never delay in contacting an attorney if you believe that criminal charges have been or are going to be filed against you. There are several critical stages early on in a case that cannot be overlooked and having an attorney represent you is essential.

My office represents clients who are charged in Hamilton County courts, in Cincinnati, Ohio.  As a former prosecutor for the City of Cincinnati, I am familiar with the judges, prosecutors, and procedures of the local courts.

Arraignment and Bond:  The first step in a Cincinnati criminal case is the arraignment. That is when your attorney will ask the judge to set a reasonable bond in your case that will allow you to stay out of jail while the case is pending. In a criminal case, you will likely make what is called an initial appearance in Room 121 of the Justice Center.  After that, your case will go to the grand jury for review if it is a felony, otherwise your case will be a misdemeanor that will be set for a pre-trial in the Main Courthouse, 1000 Main Street.

Pre-trial:  The next court date is very often a pre-trial. This pre-trial will be held in the courthouse at the corner of Main and Court Street in Cincinnati.  The purpose of the pre-trial is for your attorney to begin discussions with the prosecutor about the case.  There should be a plan for getting the evidence in the case, which is the discovery process.   During this process, you and your attorney will decide to set the case for trial or prepare a plea bargain. A plea bargain is a arrangement for ending the case, and it often involves knowing the likely sentence by the judge.

Discovery:  You have a right to know the evidence that will be used by the prosecutor. Therefore, under Ohio Criminal Rule 16, you are entitled to file a motion which directs the prosecutor to give you a list of all the evidence in the case, a list of witnesses, and any other information which can show you are not guilty (exculpatory evidence) of the charges.

Evidence:   You have a right to any evidence from the prosecutor which may negate your guilt, lead to suppression of the evidence, or result in the dismissal of the indictment or complaint. Brady v. Maryland, 373 U.S. 83 (1963).   This means you are entitled to statements of witnesses that are favorable to your defense.You are entitled to the criminal record of the prosecutor;s witnesses and any evidence which would affect their credibility.

Search and Seizure: When a police officer’s justification to continue detention of a person stopped for a traffic violation is not related to the purpose of the original stop, searching the car may be an illegal search when there are no facts giving rise to a suspicion of illegal activity. State v. Ferris, State v. Robinette (1997) 80 Ohio St.3d 234.  Your attorney may be able to suppress evidence found by police officers when your Constitutional rights have been violated.