The phrase “Criminal Defense Attorney Near Me” is not just something that people type into search bars. Proximity is an important quality in an Ohio criminal defense attorney. When attorneys and clients work closely together, the results are usually better. Other qualities to look for in a criminal defense attorney near you include years of experience, dedication to criminal defense, and overall accessibility.
At the Comunale Law Office, our Dayton criminal defense attorneys combine all these qualities. Furthermore, our zealous representation rests on a solid foundation of hard work and communication. We believe that if you do your homework, you score better on the test. Additionally, since the Montgomery County criminal justice system is so complex, we always proactively communicate with you.
Prompt jail release kickstarts a criminal defense. If the defendant remains behind bars, the presumption of innocence basically becomes a presumption of guilt.
Several alternatives are available. In nonviolent misdemeanors, OR (own recognizance) release might be an option. The defendant promises to appear at trial, and the sheriff releases the defendant. In other cases, either cash bail or a bail bond is usually available. The defendant posts cash or a surety bond as a guarantee.
If the defendant remains in jail, an Ohio criminal defense lawyer can often get the bail amount reduced at the arraignment. Some factors the judge considers include the severity of the offense, amount of evidence against the defendant, the defendant’s ability to pay, and contacts with the community.
Next, an attorney looks closely at the facts of the case and researches the applicable law. Often, either an absolute or a partial defense is available. Possession of marijuana (POM) is a good illustration.
Prosecutors must establish that the substance was illegal. That is not easy to do in POM cases. Marijuana is illegal for most purposes, and hemp is legal for most purposes. If a person has marijuana in one hand and hemp in the other hand, it is almost impossible to tell the difference. Unless that state conducts a scientific test that determines THC quantity, the judge may throw the POM case out of court.
A partial defense may be available, as well. Possession is more than proximity. The state must also prove knowledge and control. In other words, the defendant could literally be sitting on a stash of marijuana and not “possess” it in the legal sense.
The state has a very high burden in partial defense cases. Prosecutors must establish guilt beyond any reasonable doubt.
Only a tiny percentage of criminal cases go to trial. Out-of-court settlements resolve almost all these matters. So, a criminal defense attorney near you must be more than a strong advocate. Your attorney must also be a good negotiator.
Commonly, these plea bargain agreements include a reduced penalty and/or reduced charges. Instead of jail time, the defendant may serve a period of probation. Frequently, this probation does not result in a criminal conviction record. Felony-to-misdemeanor reductions are quite common, as well. In many cases, misdemeanors do not have as many collateral consequences as felonies.
The right criminal defense approach often makes a big difference. For a free consultation with an experienced criminal defense lawyer in Dayton, contact the Comunale Law Office. Home and jail visits are available.
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