This is a paid
advertisement.
|
Frequently Asked Questions of Toledo, Ohio Criminal Defense Attorney Adrian CimermanThe following information includes frequently asked criminal defense questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Attorney Adrian Cimerman, you can receive a personal consultation regarding your specific criminal defense case.
How much will representation cost? Every case is different. While some attorneys may place a set fee based simply on the offense charged, this type of "cookie cutter" pricing usually results in either the client paying too much or receiving less than competent representation. The setting of Attorney Cimerman's fee is arrived at only after a free initial consultation to determine how much time (investigation, research and hearings) will be needed to handle your case properly. There really is no answer for this question. All situations are different and different factual and legal factors will lead to different opinions. It is recommended that if put in the unfortunate situation of being asked to submit to a chemical test, you first try to talk to an attorney. Why should I hire Adrian Cimerman? Since 1978, his practice has been devoted solely to defending those charged with criminal offenses and serious traffic offenses. In choosing an attorney, there is no substitute for selecting one who specializes in your area of concern and who has significant experience in that area. What happens if I am arrested for breaking a criminal law? If you are arrested for breaking a criminal law, the case is taken before a magistrate who issues a warrant if necessary and sets a bond for appearance in court. If the defendant cannot post bond, he or she may be incarcerated pending appearance in court. If bond is posted, he or she will remain free pending appearance at an arraignment. An arraignment usually occurs within 24 hours of the arrest, or the first date available if on a weekend or holiday. The arraignment is held before a judge who formally tells the defendant the offense with which he or she is being charged and informs the defendant of their constitutional rights and of the possible penalties involved. The defendant enters a plea of guilty or not guilty at this time, the bond or bail may be reviewed, and a date for the next hearing is scheduled. Is domestic violence a crime punishable under criminal law? Whether the domestic violence is a crime depends upon the particular circumstances, as well as the laws of Ohio. Often domestic violence is both a crime subject to criminal punishment and a civil wrong subject to restraint upon personal conduct and award of monetary damages. It is a frequent pattern in domestic violence cases for the victim to be abused, call the police, press charges, then reconcile with the abuser and seek to have the charges dropped, only to have the entire process repeated. Because of this, in some local communities and states, domestic violence is now prosecuted as a crime by city and district attorneys, even without charges being filed by the victim. Can police officers use force to arrest me? A police officer may use as much force as necessary for a criminal arrest, as long as it is reasonable and lawful. After an arrest is made, a police officer may apply handcuffs to a defendant if the officer thinks that it is necessary to prevent injury or escape. If the defendant claims an unlawful application of force was used by the arresting officer, a judge will hear the defendant's argument and decide whether or not the force used was reasonable for the circumstances. Will I be fingerprinted or have to be in a line-up? If you are arrested, the police have the right to take your fingerprints and photographs. You may also be required to participate in a line-up, to provide a sample of your handwriting, to speak phrases associated with the offense and/or to have samples of your hair taken. However, you may insist that an attorney be present during this time. Bail is money or other property that is deposited with the court in order to ensure that the person accused returns to court when he or she is required to do so. However, if the defendant does not come to court when required, or violates his or her bail conditions, the bail will be forfeited to the court and will not be returned. What happens during a bail hearing? Upon arrest, the accused appears before a magistrate or judge for a violation of a criminal law. The magistrate or judge will conduct a pre-trial bail hearing resulting in four possible results:
The bail decision may be appealed to a judge who will re-examine the evidence. A violation of any agreement of release pending court appearance can result in the issuance of an "Order to Show Cause" why the release should not be revoked. What happens at an arraignment? A suspect has the right to be arraigned without unnecessary delay, usually within two court days, after being arrested. He or she appears before a judge who will read the offenses with which the suspect is officially being charged, they are informed of their constitutional rights, and advised of applicable penalties. At the arraignment, an attorney is appointed in the event of financial hardship, and bail can be raised or lowered. A suspect may also ask to be released on personal recognizance at this time, even if bail was previously set. If charged with a misdemeanor, a suspect pleads guilty or not guilty at the arraignment. Or, if the court approves, a suspect can plead nolo contendere, meaning the charges will not be contested. Legally, this is the same as a guilty plea, but it cannot be used against the suspect in a non-criminal case. If misdemeanor charges are not dropped, a trial is held later in court of law. If charged with a felony, however, and the charges are not dismissed, the next step is a preliminary hearing. If you or someone you know in Toledo, or anywhere in Northwest Ohio, needs the legal counsel or assistance of an experienced criminal defense lawyer, please contact Adrian Cimerman today at 800-243-8214, or complete the contact form provided on this site to schedule your free initial consultation. Adrian Cimerman |