Generally speaking, if you have found yourself charged with a crime, the following criminal process will apply:
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.
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.
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.
Your criminal defense lawyer can file motions such as motions to suppress evidence that was unlawfully obtained by the police. Hearings may be scheduled for the court to rule on whether evidence should be suppressed.
If the matter cannot be resolved without trial, your criminal defense lawyer should be prepared with the necessary trial lawyer skills to proceed through trial and give you the best possible opportunity to receive a not-guilty verdict.
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. Our firm will provide you with the experienced, effective legal representation you need to feel confident that your rights are being protected and served.
Ohio law lets many people clear an eligible conviction from their record after the case is fully resolved. Since Senate Bill 288 took effect in 2023, Ohio treats sealing (the record is hidden from public view but retained by the state) and expungement (the record is permanently destroyed) as two separate remedies. For most misdemeanors, the waiting period is one year after final discharge, and for minor misdemeanors it is six months. Final discharge means you have completed any sentence, finished probation, and paid your fines. Not every offense qualifies. Some crimes can never be sealed or expunged, an OVI among them, and certain records make you ineligible. If a review shows you may be eligible, an application is filed with the court, the probation department investigates, and the court holds a hearing to decide. Clearing a record can remove real barriers to jobs, housing, and credit, and we can review your record to see what relief may be available to you.
