The former hometown of aviation pioneer Orville Wright is one of the only cities in the country with a consolidated Department of Public Safety. All emergency responders are certified as firefighters, EMS techs, and police officers. However, this makeup does not affect police officers’ mentality. They are still aggressive when it comes to making arrests because that is the best way to move up the corporate ladder. The same is true for Montgomery County prosecutors and the convictions they obtain.
In an environment like this, a defendant needs an experienced Oakwood criminal defense attorney from the Comunale Law Office. A lawyer quickly evaluates your case and identifies all possible defenses. Then, an attorney collects evidence that supports the theory of the case. Finally, a lawyer leverages all this hard work and skill in order to obtain the best possible resolution under the circumstances. That resolution could be a not guilty verdict at trial, a complete dismissal of charges, or a plea to a lesser included offense.
Prompt jail release might be the most overlooked portion of a total criminal defense in Ohio. Incarcerated people cannot meaningfully participate in their own defenses, so an Oakwood criminal defense lawyer must work alone. Furthermore, incarcerated defendants sometimes accept unfavorable plea bargain arrangements, simply to “get things over with.”
Montgomery County arrestees have a number of initial jail release options. Pretrial release is available in many situations. If the defendant promises to appear at trial, the sheriff releases the defendant. Other alternatives include cash bail and a bail bond.
A subsequent bail reduction hearing typically gives defendants even more options. Judges reconsider pretrial release issues, based on a number of factors like the defendant’s:
Other factors include the amount of evidence against the defendant and the defendant’s willingness to accept release conditions, such as GPS monitoring. Based on these factors, judges often reduce bail amounts or order defendants released pending trial.
Most cases involve procedural and substantive defenses. A good Oakwood criminal defense lawyer closely scrutinizes both these areas.
Procedural defenses usually involve an illegal search or the failure to properly apprise defendants of their rights. Searches are only legal if the officer has a warrant based on probable cause or a limited search warrant exception applies. Furthermore, officers must timely inform defendants of their Miranda rights. Generally, that means reading their rights when custodial interrogation begins.
Other procedural defenses include a lack of reasonable suspicion or probable cause. Officers must have reasonable suspicion of criminal activity to detain suspects, and probable cause to arrest them.
Substantive defenses usually involve a lack of evidence. At trial, the state must prove every element of the offense beyond a reasonable doubt. That is the highest standard of proof in Ohio.
Frequently, such evidence is unavailable. DUI collision cases are a good example. By the time responders arrive at a crash scene, the defendant has normally exited the vehicle. As a result, there may be no witness who saw the defendant driving in an intoxicated state.
Thorough representation is usually the key to a successful outcome. For a free consultation with an experienced Oakwood criminal defense lawyer, contact the Comunale Law Office. We routinely handle matters in Montgomery County and nearby jurisdictions.
Our personal injury lawyers at Comunale Law Office have litigated for their clients that have suffered from injuries from vehicle accidents, hazardous products, medical malpractice and dangerous job conditions successfully gaining compensation for any losses.