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

If you’re arrested or charged with a crime, remain calm, exercise your right to stay silent, and don’t speak to anyone before consulting a lawyer. These decisive actions can protect your rights and help prevent mistakes that could negatively impact the outcome.

The following legal insights from experienced criminal defense lawyers at Farrish Law Firm LPA outline what’s at stake, how legal professionals can help, and what you can do to protect your future from the harsh consequences of a conviction.

Key Takeaways About What to Do If You Are Arrested or Charged With a Crime

• Ohio’s “right to counsel” protections are robust: Under Ohio law, once you request an attorney, all questioning must cease until your lawyer is present, as outlined in Ohio Revised Code § 2935.20.
• Pretrial diversion programs may be an option: Ohio offers diversion programs for eligible first-time offenders that can result in dismissed charges upon successful completion. These programs often focus on rehabilitation rather than punishment.
• The role of probable cause in arrests: Law enforcement must have probable cause to make an arrest. If this standard isn’t met, your attorney can challenge the legality of the arrest and potentially have charges dismissed.
• Criminal records can impact future opportunities: A conviction in Ohio can affect employment, housing, and professional licensing. An experienced defense attorney can explore expungement or sealing options to mitigate long-term consequences.

Key Arrest Considerations and How a Criminal Defense Attorney Makes a Difference

Every decision you make during an arrest can impact your case. Your conduct, statements, and the timing of legal representation all shape the outcome in ways you might not expect, or want. Here’s what you need to know:

• Stay calm and composed: Remaining steady under pressure prevents unnecessary escalation and limits negative assumptions by law enforcement. A defense attorney can later review conduct reports for signs that your rights were breached due to high-stress circumstances.
• Do not physically or verbally resist: Even in difficult or unfair situations, resistance may invite further charges or undermine key aspects of your defense. Your lawyer can examine the legality of the arrest and, if your rights were violated, use these details to challenge the charges or seek suppression of evidence.
• Invoke your right to counsel immediately: Unequivocally request a lawyer. This is your strongest protection. Once you do, questioning must stop. Your attorney will manage all communications with officers to prevent self-incrimination so you don’t inadvertently provide the prosecution with damaging evidence.
• Remain silent and don’t try to explain your side: Well-meaning explanations to law enforcement can easily be misinterpreted and used against you later. Your lawyer can advise you when to share as it serves your defense, not the prosecution’s case.
• Limit the interaction to essentials: The less you say or do before consulting your attorney, the fewer risks you face. Defense counsel evaluates the entire arrest interaction for procedural mistakes or oversteps that can shape the case before it reaches the courtroom.

With an experienced lawyer guiding you from the outset, you’re equipped to safeguard your rights and set the stage for the strongest possible defense.

A Criminal Charge Is Not a Conviction: How Each Step Shapes Your Defense

Facing criminal charges doesn’t guarantee a specific outcome. Yet. The charging process moves through distinct legal stages, each offering critical opportunities for your defense. Having an attorney at every step helps protect your rights and position the case for a favorable outcome.

Booking and Processing

Law enforcement collects your information, fingerprints, and photographs at this first stage.

While this is mostly procedural, it’s also a time when early missteps can have lasting effects.

Your attorney can quickly review the circumstances around your arrest and question whether procedures were followed correctly, positioning you to challenge any irregularities later on.

Initial Appearance and Bail

Your initial appearance before a judge is not just a formality. It’s the first legal setting where your representation can advocate for your release or reasonable bail terms.

An experienced defense lawyer evaluates factors such as the seriousness of the charges, your record, and the prosecution’s evidence to better position you for fair bail or pretrial release instead of unnecessary detention.

Appointment of an Attorney

Once counsel is officially involved, your defense begins in earnest.

Your attorney will immediately analyze the details of your case, preserve crucial evidence, and provide guidance for every decision. This can help reduce the odds of missteps that could compromise a defense long before your day in court.

The Investigation Process

During the investigative phase, the actions of both law enforcement and your defense team shape your future options.

Defense attorneys don’t just respond. They proactively uncover favorable evidence, challenge questionable police practices, and identify legal flaws the prosecution may try to exploit.

This is a crucial window where the right legal strategy can weaken or, in some cases, dismantle the basis of the charges against you.

Arraignment and Plea

The court formally presents the charges at arraignment and allows you to enter a plea.

The presence of a defense lawyer at this stage is essential, as every plea entered and statement made influences your legal options going forward.

Criminal defense counsel clarifies the implications of every choice and shields you from premature or damaging admissions.

The Role of a Criminal Defense Law Firm: Potential Outcomes of Criminal Charges

The outcome of criminal charges often hinges on the strategies employed by your defense attorney. Skilled legal representation can identify opportunities to challenge evidence, negotiate reduced charges, or explore alternative sentencing options for cases involving:

• DUI/OVI charges: Challenging the accuracy of breathalyzer results or the legality of the traffic stop could lead to reduced charges or case dismissal.
• Drug possession: Arguing unlawful search and seizure may result in evidence suppression and dropped charges.
• Assault charges: Demonstrating self-defense or lack of intent could lead to acquittal or reduced penalties.
• Theft offenses: Negotiating restitution agreements may help avoid incarceration.

Each case requires a tailored approach, and an experienced defense attorney can guide you through the complexities to protect your rights and pursue a favorable outcome.

What To Do When Facing Criminal Charges FAQ

Can I claim self-defense for assault charges in Cincinnati?

Ohio law allows self-defense claims in certain situations, but the burden of proof often shifts to the defense. An attorney can help gather evidence, such as witness statements or surveillance footage, to support your claim and present it effectively in court.

Can a lawyer help me post bail?

A lawyer can advocate for reduced bail or alternative release conditions during your bail hearing. They can present arguments about your ties to the community, employment, and lack of flight risk to help secure your release while awaiting trial.

What should I do while I await trial?

Follow your attorney’s advice, avoid discussing your case with anyone, and comply with court-ordered conditions. Use this time to assist your lawyer in preparing your defense by providing any requested information or documents.

Facing Criminal Charges in Cincinnati? Contact Farrish Law Firm LPA For Comprehensive Legal Support

An arrest or criminal charge is a critical moment that requires immediate action. Experienced legal representation can help you protect your rights, challenge the allegations, and work toward a favorable outcome.

The attorneys at Farrish Law Firm LPA bring decades of experience and a deep understanding of the Ohio criminal justice system to every case.

Take the first step toward safeguarding your future. Call Farrish Law Firm LPA online or at (513) 549-0611 for a free, confidential consultation. We’re available 24/7.