Our firm represents clients who are accused, under investigation or charged with a crime. Our representation ranges from misdemeanors such as basic traffic infractions and petty theft, to serious felonies such as violent and sexual based crimes. The most common types of cases our firm typically sees are drug-related offenses. We represent clients in all of the Dayton area courts, the US Federal Court, and we travel to all counties that surround Dayton, Ohio.
What Are The Top Misconceptions People Have About Being Arrested And Charged With A Crime?
One of the most common misconceptions is the belief that the arresting officer is going to help them or be more lenient on them if they speak with that arresting officer. This is not the case. The arresting officer is building a case against you and anything you say or do will be used against you in later court proceedings. Another very common misconception is that law enforcement will not lie to you. The reality is that law enforcement can legally lie to you and to other parties, in an attempt to get you to tell them information or turn against a co-defendant or a spouse.
How Do People Unintentionally Incriminate Themselves Or Hurt A Criminal Case?
The three most common ways that people incriminate themselves during investigation are:
- The defendant fails to remain silent. This is the quickest way to incriminate yourself. You have a constitutional right to remain silent and if you invoke that right, it can’t be used against you later in any proceedings in court.
- The defendant talks about their case in jail, over a jailhouse phone call. These calls are all recorded and law enforcement and prosecutors listen to them. They will be used against you in court.
- The defendant posts incriminating evidence on social media. When you post pictures or tell people about your activity or location, it’s often public and law enforcement and prosecutors will use that in their investigation against you.
My advice to anyone being investigated or charged with a crime is to shut up, keep to yourself, and only talk about your case after consulting with a lawyer.
When Do Miranda Rights Actually Come Into Play In An Encounter With The Police?
Once you are detained or placed under arrest, you are read your Miranda Rights, which include the following warnings: Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you can’t afford an attorney, one will be provided for you. The officer will then ask if you would like to waive these rights and speak with them. The answer should always be no. You do not want to talk with anyone about a criminal investigation until after you consult with a lawyer. It should also be noted that you don’t have to talk with law enforcement, even before they read you your Miranda warnings.
How Does Being A Good Citizen With A Job And No Prior Record Play Into My Criminal Case?
Having a good job, a family, and being a good citizen are all very important factors when it comes to sentencing, if a defendant is convicted. That’s something your attorney would talk about in a sentencing memorandum during the pre-sentence investigation. The court would then be aware of those particular points that are in your favor. Being a good citizen with a job and no criminal record are also factors that may appeal to a jury and your attorney can use them in the plea negotiations with the prosecutor. The most important factor, of course, is what criminal charges are sitting on the prosecutor’s desk.
For more information on Criminal Cases Handled In Ohio, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (937) 888-2909 today.