What Is The Best Way To Defend A Sex Crime Charge?

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What Is The Best Way To Defend A Sex Crime Charge?

In this article criminal defense attorney, Matthew C. Bangerter, ESQ. explains you what is the best way to defend a sex crime charge?

Do Most Sex Crime Cases Typically Go To Trial?

Very few sex crimes or otherwise go to trial. It is about three to five percent of cases that actually end up in trial. Most of them are settled with some sort of agreement if not a dismissal. Then there is some sort of an agreement to reduce a charge or some other sort of plea bargain.

Is Self-Representation Alright Or Even Going With A Public Defender In These Types Of Cases?

Of course, anyone can try to represent themselves but if you are not a trained attorney, you do not know the statutes. You do not know the procedures and the way the courts work. It is unwise at best. In the case of sex offenses, there could be the need for DNA analysis.

If the prosecutor has a DNA profile, then the defense can also have their own DNA on the list. They can take a look at that and make sure that is accurate or find any holes in the case. In the case of child victims, there could be the need to not only hire but understand a forensic psychologist or a forensic psychiatric, someone to interview these children and can make sure that the children are telling the truth.

There are medical records if there is any sort of physical harm that needs to be examined. In these cases, there is a need to have some sort of expert on the case to give an opinion. So, it is very difficult for a person to do an excellent job defending themselves.

Talking about public defenders, public defenders are licensed attorneys like other attorneys. Their disadvantage is that public defenders do not tend to get budgets so they do not have as much staff as they typically need and they have very heavy caseloads. That is really the big advantage of a private attorney that they are managing their caseload properly, so they will be able to devote more time to each individual case.

What Is Considered A Good Outcome In A Sex Crime Case?

Generally, in a sex case, the biggest victory is keeping someone off a registration or maybe having a reduced registration requirement because even with prison on the table, the registry is the most burdensome.

You may hear people saying that they would rather do more time in prison and less time on a sex offender registry because it has that big of an impact on their lives. Any time an attorney can mitigate that or even remove that, that is a pretty big victory in a case.

If you are not sure what is the Best Way To Defense for A Sex Crime Charge, call the law office of Attorney Matthew Bangerter for an initial consultation at (440) 394-0548 or visit our office 4124 Erie Street Willoughby, OH 44094 and get the information and legal answers you’re seeking.

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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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