Frequently Asked Questions about Criminal Defense Law
Q: Do I need a lawyer if I am being accused of a crime?
A: Yes. It is always in your best interest to consult a criminal defense lawyer as early as possible in the process, especially if criminal charges have already been filed or a warrant has been issued for your arrest. Whether or not you believe you have been wrongfully accused, a criminal defense lawyer will fight for your legal and constitutional rights and see that justice is served.
Q: Can I represent myself?
A: If you have been charged with a criminal offense or a serious traffic violation, trying to handle it without a lawyer is almost always a bad move. The complexities of the criminal justice system make it virtually impossible to do a competent job of representing yourself. Hiring a lawyer in this type of situation is highly advisable due to the possible penalties, which may include jail time, fines, probation, suspensions, treatment programs, etc. Many offenses in Ohio now carry mandatory penalties. Many pleas may be used to enhance future offenses. Persons representing themselves often make critical mistakes, such as making statements that strengthen an otherwise weak case, antagonizing the prosecutor or missing crucial filing deadlines. A skilled criminal defense lawyer, who is familiar with the system, can best advise you under the circumstances.
Q: What is the difference between a felony and a misdemeanor?
A: The traditional definition of a felony is a crime that is punishable by incarceration of a year or longer. A misdemeanor is a crime that is punishable by incarceration of less than one year. Felonies in Ohio usually carry the potential for prison sentences, while Ohio misdemeanors involve local jail time.
Q: What should I do if I am arrested?
A: If the police arrest you, do not make any statements whatsoever, even if you are completely innocent. As soon as you perceive that you are not free to leave, tell the officer politely "I am going to remain silent and I would like to see a lawyer." Call a lawyer immediately. Do not say anything to the police.
Q: If I ask an undercover officer if he is a cop, does he have to answer truthfully?
A: Absolutely not! Police officers, undercover or not, are under no obligation to tell people the truth on the street. As a matter of fact, one technique commonly used by police is to falsely tell a suspect that co-defendants have implicated him in a crime, so he should tell them "his side of the story". Of course, the suspect's statement ends up putting him behind bars, even before a good criminal lawyer can save him.
Q: How are juveniles crimes prosecuted?
A: In Ohio, minors are prosecuted for criminal conduct in a separate juvenile court system. The philosophy of the juvenile justice system is that children should not be punished or stigmatized for criminal conduct because of their immature abilities to make proper choices and recognize right from wrong. Instead the role of the juvenile justice system is seen as rehabilitative and guiding. For particularly violent crimes, older juveniles may be tried in the adult court system.
Q: What is white collar crime?
A: White collar crime refers generally to financial crimes involving fraud or other business or commercial dishonesty. Examples include employee theft, embezzlement, fraud, forgery and bad check offenses. Even if you are only considered a suspect, do not discuss anything with law enforcement officers under any circumstances. Consult a criminal defense lawyer at the earliest opportunity.
Q: If I am not a U.S. citizen and I am convicted of a crime, can I be deported?
A: Yes. If a person who is not a citizen of the United States is convicted of a crime, he or she can be deported. This includes lawful permanent residents who are lawfully living in the United States. If a non-citizen is convicted of an aggravated felony, a crime of moral turpitude or any one of a variety of other listed such as domestic violence, drug offenses, violent offenses or weapons offenses, he or she may be deported. In addition to deportation, a conviction may adversely affect a person's ability to become a United States citizen.
NEED AN ATTORNEY?
If you looking for a good criminal defense lawyer or if you just simply need answers to legal questions, contact Attorney Dan Weisenburger. Attorney Weisenburger has extensive experience defending the rights of people arrested and accused of criminal offenses in Ohio. He handles all types of criminal cases, including traffic infractions, misdemeanors and the most serious felony indictments, such as murder, vehicular homicide, drunk driving, drug offenses, felony theft, white collar fraud, and embezzlement. Get the answers you need now!
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