What Are The Top Misconceptions About A Criminal Arrest?

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What Are The Top Misconceptions About A Criminal Arrest?

There are two main top misconceptions about a criminal arrest; one is when people think they can help themselves out by explaining to the police what really happened, so they will make a statement and hurt themselves in some way by doing so. If they did nothing, they believe police are there to help them but if the police suspect a person, they are not motivated to help that person, rather they are motivated to solve the case. If the person did do something, they think a good story or throwing someone else under the bus will help, but talking to police at all usually ends up hurting them. People tend to think cooperation is the best way to get out of trouble, but that is not the case at all.

The other misconception about arrest is that the person should just go in and plead guilty right away and just throw themselves on the mercy of the court. If the person is innocent and did not do anything, obviously they should not go in and do that, just to try to reduce the damage. Even if the person did commit a crime it is always better to allow an attorney to negotiate with a prosecutor and get some benefit from that guilty plea. There is never a benefit to just pleading guilty and taking whatever punishment the court metes out.

Even if you do not want to fight the case some people do want to accept responsibility, take punishment and move on with their lives. You should still want to investigate the case and take the opportunity to try to better your situation and get the best outcome, because this will stick with you for a very long time. Unless you can get your records sealed, there will be lasting consequences.

Of course, if you do want to fight the case and you are not guilty, there is certainly no reason to just roll over and accept what they give you. You do not have to give up just because you are put in the court system and the big government machine is after you. You need to fight that as much as you can.

How Public is a Criminal Arrest in Ohio?

Once you are arrested and charged, if someone runs a background check, that will show up, although it will not show up as a conviction until the case is over. Almost all courts put their records online now, so if a nosy neighbor, family member or friend happens to go to that court website and look up your name, the status of the ongoing case will be there for them to see. Most people do not typically go to the court website and search for random people, but it is there if they do so.

We also do not have control of media coverage, so if yours is a high profile case, you may be on the news or in the newspaper. Some towns publish all OVI arrests. Sometimes, you will see Craigslist prostitution stings and the city will post the names of everyone they picked up in the newspaper, so it is highly likely.

Are the Courts Lenient Towards Family Men with Clean Prior Records?

That may come into play when you are in front of a judge for sentencing. In fact, it is absolutely important. Someone with a rap sheet a mile long will receive a worse sentence than someone who has never been in trouble before, is dressed well, polite to the judge and spends their spare time rescuing puppies. How you are involved with your community and how you can show you are a good person will help you with that.

One of the reasons people get a tough sentence is because the courts want to make sure that it does not happen again. If you can show the court that you are not the type of person who will do something like that again. That it is an aberration, a fluke and you are a really a good person, that will help you quite a bit.

For more information on Misconceptions About Arrest, an initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (440) 306-3205 today.

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What Should Someone Do After They Are Arrested For Dui/ovi In Ohio?

Just like in a criminal case, people like to try to help themselves by trying to talk to the police. They will say, for example, “I only had a couple” or “I didn’t drink that many”, but what happens then is that statement “I only had a couple” comes into trial is they admitted to drinking.

It gets subtly shifted and it ends up hurting them. The best thing to do, just like in a criminal case, is just not make any statements without talking to an attorney.

Pleading Guilty Is Not The Best Approach Because You Always Want To Take The Chance To Try To Get A Better Resolution. There Are Many Cases Where You Can Work Out A Reduced Charge, Or Some Lower Punishment.

One Common Resolution To A Case, If It Is A First DUI With No Prior Criminal History, An Attorney Can Have It Reduced To Reckless Operation Or Called A Physical Control Which Is Being In Physical Control Of The Vehicle Under The Influence But Not Actually Driving Which Is No Points On Your License. It Is Not A Moving Violation And It Does Not Affect Insurance The Same Way. It Has A Much Better Result Than A Straight OVI. So You Always Want To At Least Take A Chance To Pursue Those Opportunities.

How Can An Attorney Help In Defending A DUI/OVI Case In Ohio?

The most common one is successive OVIs. Every OVI a person gets is added onto the last one. There is enhanced penalties for multiple OVIs within six years, also multiple OVIs within twenty years and at some point there are enhanced penalties for getting several OVIs in your lifetime.

They get more and more serious under the law, and even with an individual judge if you see that you are getting more OVIs, he is likely to give you a stiffer sentence than the minimum required by law.

Yes they can. There are a couple of basic ovis, one is for having a blood alcohol level below 0.08 or 0.17 and that is determined by a chemical test. If an officer believes that the person is impaired even without that reading, he can charge them with an ovi even if they blew a 0.06 or 0.05 just because he says they are impaired, even though that is a lower limit.

As mentioned earlier, alcohol affects everybody differently, some people may have a low level and feel it more, and some people may have a high level and think that they’re fine. So yes, there are spots where they will get an ovi with less than 0.08.

Do I have a case?

The most common method for testing BAC is a breathalyzer machine, many of which pose significant reliability problems. As an Ohio DUI defense attorney, Matthew Bangerter handles all matters related to the defense of your drunk driving charge, including challenging the reliability of breathalyzer equipment used, appearing in criminal court as your advocate, and negotiating with the prosecution to obtain a reduced sentence. As a skilled Ohio DUI attorney, Matthew Bangerter understands the Ohio drunk driving laws and he will strive to obtain a dismissal or reduction of charges against you, as well as the minimum available penalty. He understands that maintaining your driving privileges is of the utmost importance so he will seek to minimize or avoid any suspension or revocation of your driver’s license.

Ohio DUI Penalties

Ohio has some of the strictest penalties for DUI/OVI in the country. Penalties for DUI/OVI can be severe, even for a first offense. If convicted, you could face license suspension, hefty fines, vehicle disablement, required OVI offender license plates, ignition interlock, and mandatory jail time. If you test over the legal limit or fail to submit to a breath alcohol test you face a mandatory minimum Administrative License Suspension (ALS) unless you correctly appeal the suspension.

Aside from court-mandated penalties, your insurance premiums will likely increase and drunk driving charges can do significant harm to your reputation. Court-imposed driving limitations may also impact your ability to get to and from work as well.

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