Being arrested and charged with a crime in Ohio, can be overwhelming, especially if you have never dealt with the criminal justice system before. However, a criminal charge doesn’t automatically eliminate your rights and freedoms.
Understanding what a defendant is and what you are entitled to during this process can significantly impact the outcome of your criminal defense case.
When Does a Person Become a Criminal Defendant?
A person generally becomes a criminal defendant as soon as the government formally accuses them of a crime. This is typically when a prosecutor files charges in court. The term “defendant” simply means that this person now has to defend themselves against criminal charges in the eyes of the law.
Once you are officially charged with a crime—whether you were arrested or not—you can consider yourself a criminal defendant in Ohio. After being charged, the legal process moves forward, and you will need to appear in court to respond to the accusations.
Your Essential Rights as a Criminal Defendant
Whether it’s your first time or not, being arrested and charged with a crime can be scary. You might find yourself forgetting what your rights are, or maybe you never knew them.
Understanding your legal protections is the first step to ensuring a fair process and safeguarding your future.
Right to Remain Silent
When you’re arrested, you never have to answer questions. The police may try to convince you otherwise, but this isn’t the case.
You also never have to testify in court if telling the truth would mean incriminating yourself.
Right to Counsel
You are always entitled to have a criminal defense lawyer represent you when you’re facing criminal charges. This is true even if you can’t afford an attorney. The law in Ohio requires that, where a criminal defendant cannot afford counsel—referred to as indigence—one will be appointed by the court.
Typically, the first appearance in criminal court is called an arraignment, and you’ll be required to enter a plea. You have a right to an attorney before you are arraigned. If you do not have an attorney at this stage, this is where you can ask for one.
Right to Be Free from Unreasonable Search and Seizure
The Fourth Amendment to the U.S. Constitution protects you from unreasonable searches or property seizures by law enforcement. In Ohio, this right is guaranteed by Article I, Section 14 of the Ohio Constitution, which mirrors the Fourth Amendment, and is also detailed in the Ohio Revised Code.
This constitutional provision requires law enforcement to have probable cause for searches and seizures. Before searching your person, house, or belongings, police often need a search warrant signed by a judge. The warrant must also describe the place and items to be searched or seized.
Due Process and Speedy Trial
The law must treat defendants fairly at every step. This also means you should not wait years just to be tried – “speedy trial” laws push the system not to delay your case without cause.
If a defendant is not brought to trial within the statutory time limits (without a valid reason for extension), they can file a motion to be discharged from the charges. Speedy trial deadlines depend on the offense charged and the defendant’s custody status.
Discovery and Confrontation
Prosecutors must share certain evidence they have before your trial, a process called “discovery.” This helps your defense build the strongest case possible.
You also typically have the right to call your own witnesses to testify in your favor and question any witnesses who testify against you. Knowing these rights and exercising them during your case can prevent harm and affect the outcome of your legal journey.
Mistakes Defendants Should Avoid
Defendants often make mistakes that can damage their position. Recognizing these possible mistakes before making them is critical to the outcome of your case.
Missing Court Hearings
Some people miss court dates by accident, while others do not show up because they’re afraid of what’s going to happen. No matter what the situation is, you need to go to every single court date and be on time. If you don’t show up to court, a warrant could be issued for your arrest.
Ignoring Release Conditions
If released on bail, you may be given certain conditions you need to follow. This might include a curfew or staying away from the alleged victim in the case. If you’re dealing with drug charges, you might be required to undergo drug testing.
Whatever the conditions are, don’t violate them. If you do, you could be arrested and may have to wait in jail while your case is pending.
Sharing Case Details Publicly
It’s tempting to post about your case on social media or text your friends and family about what’s going on. Most communication you make, especially regarding the case or the underlying charges, can be requested by the prosecutor and may be used as evidence in your case.
This also applies if you’re in custody while waiting for your case to resolve. Be careful before discussing anything on prison phone calls. In almost all cases, these conversations are recorded. They can be easily discovered—and often are—by the prosecution to be used against you.
Contacting Witnesses While Under a No-Contact Order
The court will sometimes order you not to talk to the people involved in your case, including witnesses or the alleged victim. This is common in domestic violence and other assault cases. Violating these orders can lead to new criminal charges.
This is true even if the alleged victim is someone close to you. Always follow what the court says regarding contacting people involved in the case.
Speaking to Law Enforcement Without Legal Representation
When police arrest you, they will often try to question you right away. Sometimes they pretend to be friendly; other times, they act as if you have no choice but to talk to them.
Keep in mind that you almost always have a choice, especially if you have already been arrested. Always wait until you speak with a criminal defense lawyer, even if you think you have nothing to hide.
Hiding or Destroying Evidence
It can be tempting to hide or destroy evidence you have in your possession, especially if no one is aware that it exists yet. This is never a good idea. If you are discovered tampering or concealing evidence, you will almost certainly be charged with a new crime—one that could be even more serious than the crime you’ve originally been charged with.
Contact Wisehart Wright Trial Lawyers Today for a Free Consultation With Our Sandusky Criminal Defense Attorneys
If you or a loved one is facing charges in Sandusky, reach out to Wisehart Wright Trial Lawyers for help understanding all your options. A conversation with a criminal defense attorney often makes a difference and can prevent little mistakes from turning into big problems.
Contact us today at (419) 625-7770 to schedule a free consultation with a Sandusky criminal defense lawyer.