Post Arrest Process
Being arrested for an OVI is just the beginning of a lengthy legal process. The post-arrest process is confusing and intimidating, but with the guidance of legal counsel, it doesn’t have to be.
Having an understanding of the state’s criminal process, along with the help of an experienced OVI attorney, will increase your chances of a more successful outcome. Contact legal representation immediately if you or someone you love was arrested for OVI in central Ohio.
Columbus, OH OVI Defense Lawyer
Joslyn Law Firm has been nationally recognized for their OVI defense. We will use this experience to your advantage and formulate a defense plan in your best interest. Call to schedule a confidential consultation.
Joslyn Law Firm defends those accused of OVI and related offenses in central Ohio counties such as Franklin County, Delaware County, Union County and Madison County.
Information Center
What Happens After an OVI Arrest?
The Ohio Criminal Justice System follows a set process after an arrest. The process is exceedingly complex, but it can be broken down into various subcategories. Being aware of what may happen next has the potential to prevent you from making any legal or administrative mistakes that could impact the outcome of your case.
There are numerous steps you should expect after being arrested of an OVI in Ohio. The main steps in the post-arrest process include the following:
Booking
You will be placed in the back of a police car and taken to the nearest police station or jail when you are arrested for suspicion of intoxicated driving. Once there, your photo and fingerprints will be documented and all your personal belongings will be confiscated.
Arraignment
During the arraignment, you will be informed of your constitutional rights and the charges against you. You will have the ability to plead guilty, not guilty or no contest during this hearing. The judge will also assess whether or not you are eligible for bail as well as the amount.
Discovery
It’s crucial you have an OVI defense attorney from here on out. During the discovery period, your attorney can request any relevant evidence such as police reports, witness statements and physical evidence. Your attorney is primarily looking for any evidence prosecutors may use against you.
Plea Bargain
Prosecutors may offer an incentive for you to plead guilty. You should not accept a plea deal without consulting with your attorney. Plea bargains are not always the most desirable choice. Sometimes, though, a plea bargain is the best option.
Preliminary Hearing
A preliminary hearing will follow once prosecution files a criminal complaint. This hearing is used to determine if there is enough evidence for a trail. Your defense attorney will be able to present evidence and cross-examine witnesses. A preliminary hearing is crucial for felony cases.
Pre-Trial
A pre-trial hearing may be scheduled before a criminal trial. During this hearing, prosecutors and the defense will discuss their case and may try to re-negotiate a plea agreement. A case will move to criminal trial if a plea bargain is not entered.
Criminal Trial
Prosecutors’ case and your defense will be heard during a criminal trial. Opening statements will be heard, evidence will be presented and a verdict will be delivered. You will be free to go if you are found not guilty or a sentencing date will be scheduled if you are found guilty.
Appeal
You have the right to appeal a conviction. An appeal is usually based on law mistakes made during the trial. The mistake is required to have been a reversible error, meaning the error was serious enough it affected the verdicts. A new trial may be heard if the appeal is successful.
You will be required to complete the terms of your sentence if you are found guilty of the OVI. Sentencing will almost always include a license suspension. You may also be required to go to jail, pay a fine, complete probation and a driving course.
Additional Resources for Post-arrest Process
OVI | Ohio Revised Code– It’s wise to have an understanding of the laws governing the offense you are under investigation for. Follow the link to read the section of the Revised Code over OVI. You can learn about the legal limits for alcohol and drugs, how the crime is penalized and how juveniles are penalized.
Trial | Ohio Revised Code – Visit the Ohio Laws and Rules website to learn the guidelines of a trail. You can find who has control of the trail, how long after a plea the trail should take place and when a defendant can waive a trial jury.
Columbus, OH OVI Defense Attorney
Do not try and represent yourself. There is too much room for error and one simple mistake could end up costing you more in the long run. Call to schedule a confidential consultation Joslyn Law Firm.
We represent clients in counties including Pickaway County, Fairfield County, Licking County and many others.