Criminal, Operating a Vehicle Impaired (OVI), and Drug Cases
In Ohio, a person can be convicted of OVI for operating a vehicle while impaired by alcohol or drugs. OVI may be tried as a misdemeanor or a felony offense, and a conviction can result in jail time, fines, and a driver's license suspension.
Drug cases can also be prosecuted under criminal law. Possession of drugs, drug trafficking, and other drug-related crimes can be tried as misdemeanors or felony offenses, and a conviction can result in jail time and fines.
If you are facing a criminal charge related to OVI or drugs, an experienced Ohio criminal defense attorney can help you understand your rights and potential defenses.
An Overview of Criminal Cases in Ohio
Ohio's criminal law cases can be filed in either state or federal court. The vast majority of criminal cases in the United States are prosecuted in state courts, which is where most of the work on criminal law cases takes place. Federal criminal law covers crimes that are committed on federal property or that involve federal interests, such as interstate drug trafficking. A relatively small number of criminal cases are filed in federal court each year.
Whether in a federal or state court, the first step in any criminal case in Ohio begins with the filing of a criminal complaint. A criminal complaint is a sworn statement filed by a law enforcement officer or prosecutor that alleges that a crime has been committed. The complaint must allege each element of the crime charged. After the criminal complaint is filed, the prosecutor will then file an information, which is a formal charge against the defendant. The information must state the name of the defendant, the crime charged, and the date of the offense.
It is important to consult with an attorney if you are arrested for any criminal offense. An experienced attorney can help you understand the consequences of the case and can provide guidance and a strong defense that will ensure your best interests are protected.
An Overview of OVI Cases in Ohio
Almost every state has some type of law that prohibits driving a vehicle while impaired. In Ohio, this is referred to as "Operating a Vehicle Impaired" (OVI). OVI cases can involve alcohol, controlled substances, or drugs. A conviction for an OVI can result in significant penalties, including jail time, fines, and a driver's license suspension.
OVI cases in Ohio are typically handled in one of two ways — via a plea agreement or through a trial. If the defendant agrees to plead guilty, the case will usually proceed through a sentencing hearing, during which the court will determine an appropriate sentence. If the defendant chooses to go to trial, the case will be heard by a jury, who will then decide whether or not the defendant is guilty of OVI.
In some cases, prosecutors will rely on field sobriety tests or chemical test results to prove impairment. However, even if the defendant fails these tests, there may be ways to challenge the results and argue that they were not indicative of impairment. For example, a skilled attorney can help you work your way through a diversion program, which allows the defendant to avoid a criminal conviction by completing certain requirements, such as attending a driver intervention program.
An Overview of Drug Cases in Ohio
In Ohio, drug charges can range from a minor misdemeanor to a felony offense. Some of the most common drug crimes include possession, trafficking, and manufacturing.
Possession is the unlawful possession of a controlled substance. This charge can be brought against the person who possesses the drug, as well as the person who manufactures, sells, or delivers it. Possession charges can range from a minor misdemeanor to a felony offense, depending on the type and amount of drugs involved.
Trafficking is the sale or distribution of drugs. Trafficking offenses are typically more serious than possession charges and can result in lengthy prison sentences.
Manufacturing is the production or cultivation of drugs. Like trafficking offenses, manufacturing charges are typically more serious than possession charges and can result in lengthy prison sentences.
Penalties for Criminal, OVI, and Drug Cases
Penalties for criminal cases in Ohio vary depending on the severity of the crime and the criminal history of the accused. Generally, crimes are classified as misdemeanors or felonies. Misdemeanors are punishable by up to six months in jail and a $1,000 fine, while felonies are punishable by up to five years in prison and a $10,000 fine. However, some crimes carry much harsher penalties.
If you are convicted of an OVI offense in Ohio, you may face a variety of penalties, including jail time, fines, and a driver's license suspension. The severity of the penalties will depend on factors such as the amount of alcohol and/or drugs in your system, whether you have prior convictions, and whether anyone was injured as a result of your OVI. Generally, first-time offenders will face lighter penalties than those with prior convictions.
In Ohio, those convicted of drug crimes may face penalties that include fines, jail time, and mandatory rehabilitation. Drug offenses are divided into five categories: possession, trafficking, manufacturing, aggravated possession, and complicity. The severity of the penalty depends on the type and amount of drugs involved in the crime. The Ohio criminal justice system prosecutes drug crimes in two ways — through felony charges for possession, trafficking, and manufacturing of drugs, and through misdemeanor charges for possession of small amounts of drugs and for complicity.
Let's Help You Protect Your Rights
In conclusion, criminal, operating a vehicle impaired (OVI) and drug cases are taken seriously in Ohio. If you are arrested for any of these offenses, it is important to contact an experienced criminal defense attorney right away. The consequences of a conviction can be severe, so it is important to have a strong defense. The attorneys at Timonere Law Offices, LLC are experienced in handling these types of cases and can help you protect your rights.