What Should I Do If I’m Arrested or Charged with a Crime?

If you have been arrested or charged with a crime, the first thing you must do is exercise your right to remain silent and your right to an attorney. Do not speak to law enforcement, investigators, or prosecutors without a lawyer present. 

The time immediately following an arrest is when many people make unforced errors—answering questions or trying to explain their side of the story—that seriously damage their case later. A Cincinnati criminal defense lawyer can step in right away to protect your rights and prevent mistakes that could harm your case.

The American legal system is built on the principle that you are innocent until proven guilty, and the Sixth Amendment guarantees your right to legal counsel to guide you through the process.

If you have a question about a recent arrest or criminal charge in Ohio, call us at (513) 549-0611.

Contact our lawyers for car accidents in Cincinnati at 513-549-0611 for a free consultation.

The First 48 Hours: Three Steps to Protect Your Future

You may be home after being released, but the legal process is just beginning. While you are trying to process what happened, the prosecution is already building its case against you. Every action you take and every word you say from this point forward is scrutinized. Without clear guidance, you could inadvertently harm your defense before it even starts. The solution is to focus on three immediate, protective actions.

Reassert Your Right to Remain Silent—This Time for Good.

Even though you are no longer in custody, investigators may still try to contact you by phone or show up at your home. Your Miranda Rights are not a one-time event that expires once you leave the police station; they are a continuous protection you should always use. If an officer or detective contacts you, you only need to say one thing politely and firmly: “On the advice of counsel, I am not going to answer any questions.”

This applies to everyone involved in the case. This includes police, detectives, and even investigators who may be working for the alleged victim. Do not give your side of the story. Do not try to clear your name on your own. Let your attorney speak for you.

Why Is Speaking to Law Enforcement Without a Lawyer a Mistake?

Anything you say may be misinterpreted or taken out of context to help the prosecution establish probable cause, which is the legal standard needed to move forward with a case. You might unknowingly admit to a small detail that seems harmless but is actually an element of the crime you are being accused of. 

For example, simply placing yourself at a specific location may be used as corroborating evidence against you, even if you were there for a completely innocent reason.

Find the Right Legal Counsel for Your Specific Charge.

The U.S. legal system and criminal law are highly specific areas of practice. An attorney who regularly handles cases like yours will be familiar with the local courts, the prosecutors, and the relevant sections of the Ohio Revised Code. 

While many defendants are represented by public defenders, you always have the right to hire private counsel to represent your interests. When you call a law firm for a consultation, be prepared to explain the basic facts of your situation: what you were charged with, the date of the alleged incident, and your next court date, if one has been set. At Farrish Law Firm LPA, we handle a range of criminal defense matters and will assess your situation immediately to determine how we can help.

What Happens Next? A Clear Look at the Ohio Criminal Court Process

After an arrest, a series of formal legal proceedings begins, each with its own purpose and procedures. Your primary role during this time is to stay in close communication with your legal team and follow their guidance at each stage.

What Is an Arraignment?

Your first court appearance is usually an arraignment. At this hearing, the court will formally read the charges against you, and you will be asked to enter a plea. In almost all cases, the plea entered at this stage is “not guilty.” This is not a trial. No evidence is presented, and no witnesses testify. It is a procedural hearing designed to officially start the court case and move it to the next phase.

How Is Bail Determined in Ohio?

During the arraignment, the court will also address the conditions of your pretrial release, which may include setting bail. The purpose of bail is not to punish you, but to ensure you return for all future court dates. Under Ohio Revised Code 2937, a judge considers several factors when setting bail, such as the seriousness of the charge, your ties to the community (like a job or family), and your past criminal record.

Ohio has been exploring bail reform initiatives aimed at reducing the number of people held in jail simply because they cannot afford to pay a bond. A skilled attorney argues for your release on your own recognizance (which is a formal promise to appear in court without having to post money) or for a reasonable and fair bail amount based on your circumstances.

Will My Case Go to a Grand Jury?

For any felony charge, the prosecutor is required to present evidence to a grand jury. A grand jury is a group of citizens that hears a summary of the evidence and decides if there is enough probable cause to proceed with a trial. If the grand jury finds there is sufficient evidence, it issues an indictment, which is a formal accusation. 

What Are Discovery and Pretrial Motions?

After the arraignment, your attorney will begin what is known as the “discovery” process. This is a formal legal procedure where your lawyer requests all the evidence the prosecution has gathered against you. This includes police reports, witness statements, lab results, and any video or audio recordings.

Your lawyer will meticulously analyze all of this evidence to identify weaknesses in the state’s case, potential violations of your rights, and any inconsistencies that may be used in your defense. Based on this analysis, your attorney may file pretrial motions, which are formal requests to the court to exclude certain evidence from trial or dismiss the case altogether.

Building Your Defense Starts Now: How You Help Your Case

While your attorney is responsible for managing the legal strategy, you play an active and important part in your own defense. The information you gather and the actions you take—or avoid taking—provides your legal team with the tools they need to build the strongest case possible. 

Here is a practical list of what you do to contribute to a strong defense.

Write Everything Down Immediately.

Your memory of an event is sharpest right after it happens and fades quickly over time. As soon as you are able, write a detailed, chronological account of everything that happened leading up to, during, and after the arrest. Include the names of anyone who was present, what was said by all parties, and the timing of each event as best you can recall. This document is a confidential communication for your attorney only. Do not share it with anyone else, as that would compromise its protected status. In moments like this, it is vital to know your limits and let your attorney guide the process so you don’t unintentionally hurt your defense.

Preserve All Potential Evidence.

• Do not post on social media. Anything you post online—comments, photos, or even “likes”—may be discovered by the prosecution and used against you. The safest approach is to make your profiles private or deactivate them temporarily while your case is pending.
• Save all documents. Keep every piece of paper you received from the police or the court in a safe place. This includes the citation or ticket, bail paperwork, receipts, and any notices of future court dates.
• Identify potential witnesses. Make a private list of anyone who might have seen or heard something relevant to your case. This could be friends, bystanders, or anyone else who was present. Provide this list to your attorney, who will then determine if and how to contact these individuals.

Follow All Court and Bail Conditions.

If the court ordered you to have no contact with a specific person, you must abide by it strictly. If you have a curfew, are required to attend counseling, or must submit to testing, ensure you are fully compliant. A single violation, no matter how small it may seem, may result in your bail being revoked. If that happens, you may be sent back to jail to await the remainder of your trial, making it much more difficult to assist in your own defense.

Contact our lawyers for car accidents in Cincinnati at 513-549-0611 for a free consultation.

Federal vs. State Charges in Ohio: Why the Difference Matters

Where Is Your Case Being Heard?

The vast majority of crimes committed in Ohio, such as DUIs or assault, are prosecuted in state court under the Ohio Revised Code. However, if a crime allegedly crosses state lines, occurs on federal property, or involves a federal agency like the FBI, it becomes a federal case. These cases are prosecuted in U.S. District Court under Title 18 of the United States Code.

Different Rules, Different Stakes.

Federal cases operate under a different set of procedural rules and are investigated by agencies with extensive resources. The FBI and other federal bodies conduct thorough investigations, and the Department of Justice sets specific priorities for which cases it prosecutes. Federal charges typically carry stricter mandatory minimum sentences. Because of these differences, your attorney must have experience in the specific court system—state or federal—where you have been charged.

Frequently Asked Questions About Being Charged with a Crime in Ohio

Should I accept the first plea deal I’m offered?

You should never accept any plea offer without first discussing it thoroughly with your attorney. An initial offer from the prosecution is typically a starting point for negotiations. Your lawyer will evaluate the strength of the evidence against you and advise you on whether a plea is in your best interest. While many criminal cases are resolved through a plea bargain, the goal is always to reach the best possible resolution for your specific situation, not simply the first one offered.

Can the police arrest me without a warrant in Ohio?

Yes. In Ohio, law enforcement may arrest you without a warrant if they have probable cause to believe you have committed a crime, particularly if the offense was committed in their presence. However, even in a warrantless arrest, a judge will review the basis for that arrest at your initial appearance to ensure it was legally justified.

How long will my case take?

The timeline for a criminal case varies greatly. The duration depends on whether the charge is a misdemeanor or a felony, the evidence, and the court’s schedule. A straightforward misdemeanor might be resolved in a few months, whereas a complex felony case involving extensive evidence and multiple motions could take a year or even longer to reach a conclusion.

Will a criminal charge affect my job?

It may. Depending on your profession, some licenses or jobs require the disclosure of arrests or convictions. An attorney advises you on your specific obligations and works to achieve an outcome—such as a dismissal, a reduction in charges, or the eventual sealing of the record—that minimizes the long-term impact on your career and future. The most dangerous mistake you can make is trying to handle these complexities alone without proper legal guidance.

Protect Your Rights with the Farrish Law Firm LPA

Being charged with a crime makes it feel like your life is spiraling out of control, but you have rights and you have options. The most important decision you make at this moment is to get a dedicated legal advocate on your side from the very beginning. Let us handle the legal process so you focus on moving forward.

If you’re ready to take the next step and protect your future, call the Farrish Law Firm LPA for a confidential consultation. We are here to help you understand your options and fight for your rights. Call us today at (513) 549-0611.

Contact our lawyers for car accidents in Cincinnati at 513-549-0611 for a free consultation.