Overview of the Misdemeanor Criminal Process

Arraignment

The first major step in the criminal process is the arraignment where you will be asked to enter a plea of guilty, not guilty, or no contest. Bond may be reviewed at the arraignment, and if you are detained on bond it should be reviewed at each stage of the criminal process until you are released.

Pretrials

If you entered a plea of not guilty at the arraignment, a pretrial should be scheduled with the prosecutor. At the same time, your criminal defense lawyer should demand the prosecutor provide the evidence they have against you. At the pretrial, your lawyer will meet with the prosecutor, review the evidence against you, and argue your case.

Pleas

At the pretrial and each time your attorney meets with the prosecutor, they should attempt to explore whether there is a plea offer that is agreeable to you and the prosecutor. Your criminal defense attorney should also explore whether there are diversion programs available, which may require you to attend a class or treatment, after which the charges will be dismissed. Throughout this process, your criminal defense lawyer should advise you of all of your options, including the benefits and risks of each choice, so you can make informed decisions and be in control, without feeling pressured to give up your rights to a trial.

Sentencing

If you have unfortunately received a guilty verdict, a sentencing hearing may be requested. There are many options that may be pieced together to obtain the best sentence possible for you. These may include a combination of community control sanctions, treatment or classes, community service, diversion programs, probation, fines, and as a last resort jail. Generally at this hearing three people will make a recommendation for sentencing. The prosecutor will make a recommendation. The court will also have assigned an employee to make an investigation and give a recommendation. Finally, your criminal defense lawyer will make a recommendation on your behalf and should have the knowledge and creativity required to not only recommend the least sentence possible, but to also argue and persuade the judge to adopt the least sentence possible.

At the end of the process, you should feel satisfied that you obtained the best possible resolution to your case, and were provided legal counsel that was fighting on your side, for your rights, with the experience and skill required throughout this complex process. The criminal defense attorneys at Smith's Law Offices will provide you with the aggressive, experienced, and effective legal representation to feel confident that your rights are being protected and served.

Expungement

It is often possible to expunge a criminal charge from your record one year after the date of discharge of your conviction. This includes time on probation. More precisely, expungement allows you to seal the records of convictions, dismissals, not guilty findings, and forfeitures. There are limitations on who may have their record expunged. For example, there are certain crimes that may never be expunged, and if you are convicted of other certain crimes this may prevent expungement. However, if after a review of your record it is determined that you may be eligible to have your record expunged, an application for expungement can be filed with the court, after which the court's probation department will conduct an investigation and a hearing will be held for the court to determine whether to expunge. While expunged records may still be used for very limited purposes such as sentencing for any future crimes, having a record expunged may be a valuable tool to remove barriers to jobs and credit.

Misdemeanor Process FAQ

What happens at a misdemeanor arraignment in Ohio?

The arraignment is usually your first court appearance. The judge informs you of the charges and you enter a plea of guilty, not guilty, or no contest. The court may also set or review bond at this stage. If you are held on bond, it should be reviewed at each later stage until you are released.

What is the difference between a misdemeanor and a felony in Ohio?

A misdemeanor is a less serious offense than a felony. Ohio misdemeanors are graded from first degree, the most serious, down to fourth degree, plus minor misdemeanors. A first-degree misdemeanor carries up to 180 days in jail and a fine of up to $1,000, while a minor misdemeanor carries no jail time and a fine of up to $150. Felonies carry potential prison terms and longer-lasting consequences.

Can a misdemeanor charge be dismissed in Ohio?

Sometimes. A charge may be dismissed if evidence was unlawfully obtained and successfully suppressed, if the prosecutor lacks sufficient evidence, or if you complete a diversion program. Whether dismissal is possible depends on the specific facts of your case.

What are diversion programs?

Diversion programs are alternatives to conviction that may require you to complete a class, treatment, or other conditions. If you finish the program successfully, the charges are typically dismissed. Eligibility depends on the offense, your record, and the prosecutor's policies.

How long does a misdemeanor case take in Ohio?

It varies. A case resolved at or shortly after arraignment may take only a few weeks, while a case that goes through pretrials, motions, and trial can take several months. The number of court dates and the complexity of the issues both affect the timeline.

Will a misdemeanor stay on my record?

A misdemeanor conviction generally remains on your record unless it is sealed or expunged. Ohio law allows many people to apply to seal or expunge eligible records after a waiting period, which can remove barriers to jobs and credit. Some offenses are not eligible. You can learn more on our expungement and sealing page.

Do I need a lawyer for a misdemeanor charge?

A misdemeanor can carry jail time, fines, and a lasting record, so the stakes are real. A criminal defense lawyer can review the evidence, identify defenses, negotiate with the prosecutor, explore diversion, and advise you of the benefits and risks of each option so you can make informed decisions.

"Professional, upfront, knowledgeable, made the whole appeals process way less stressful, made me feel comfortable at the hearing, and won my appeal! Highly recommend using!"
Josh

"He got my license back in a month. then got my case dropped within the same month. He is an awesome lawyer. He did his best work on my case. And he put a lot of effort into my case. If you want a lawyer that you can trust and that will put in time and effort definitely pick Brian J. Smith. If I ever run into trouble in the future, I will be back requesting him."
Desiree

"I highly recommend the Law Offices of Brian J. Smith, ltd.. The entire team was professional, supportive, and truly amazing throughout my case. They guided me step-by-step through the process and successfully won my appeal. If you're looking for a firm that is both compassionate and effective, I’d definitely recommend them. I couldn't have done it without their help!"
Tabitha

"Excellent service, not only did I win my case but the level of customer service was phenomenal!! Anytime i had a question it was answered so that i could understand it.
I was also extremely prepared and ready before we went to court.
It was such a nice process. I would recommend this company to anyone i know!!"
Jennifer

"Great attorney's, very knowledgeable; they took care of everything which made it a smooth process, kept me updated, and answered all my questions. Would recommend"
Luke

"I highly recommend Brian. He was very informative and handled/negotiated my case far better than I thought possible. Worth every penny, I would have paid him more, seeing what he did for me. He is a very good attorney, he is very detailed, and makes sure the police go by the book, if not he finds it, exploits it and handles it accordingly. Best attorney I've used. Thank you Mr Smith. Highly recommend him."
Dale

"I cannot recommend Brian enough. His intuitive approach to what I thought was a doomsday scenario, proved to be the right call. I will say that is the experience that money cannot buy. I cannot express my gratitude enough."
Patrick

"Helped us find the best possible outcome (dismissal of a charge) in a very stressful and important time when my husband was charged with an offense. He was also able to handle everything remotely with only one trip to the area, since this occurred when we were on vacation. He helped make a very horrible time, just a bit more manageable. Very professional, yet relatable and down to earth. Would use his services again, but let's hope we never need to, lol."
Krystie

"I was extremely happy working Brian & John on my case. They were very thorough & easy to talk with. I would highly recommend them to anyone!"
Debra

"Great law firm. My attorney help me immensely. My job fired me unjustly and they help me get my unemployment back. They help file everything and keep you updated on what going on. Very friendly and helpful. Wish these guys the best in the future!"
Chris

"Brian and his colleague John were incredibly helpful and supportive. Not only did they make me feel secure, I felt represented and heard. I won my case with their help and hard work! I highly recommend them for anyone who is having to fight their employer for unemployment. I can not thank them enough!"
Amanda

"Brian Smith is the best! He handled my claim in a most timely manner an professional manner. Could not have done this by myself. Bravo!!!"
Doris

"I would absolutely recommend Law Offices of Brian J. Smith, ltd. Brian and John worked with my (juvenile) son and I on a very challenging case. The case even went to the Supreme Court. . . We wouldn’t have WON without their experience and dedication. They were very professional, considerate and understanding especially when things became overwhelming for us. We couldn’t be more thankful for their services."
Sonia