An attempt means that you had the intent to commit the crime, you took some step toward committing the crime, but for some reason you did not complete it. Suppose you went into a bank and demanded money from a teller at gunpoint. Then an alarm rang, so you ran out of the bank before you could get the money. The prosecutor probably would bring charges of attempted robbery. Conviction for an attempted crime usually carries a sentence somewhat less than if the crime has been committed.  Usually, one degree less.

Remember…if you or a loved one has been arrested on a criminal charge in Cincinnati, give our office a call at our 24 Hour Emergency Number at 513 333 0014.

Some attorneys practice in many areas of the law and do a creditable job representing the diverse interests of their clients, while other attorneys specialize by practicing in only one area of the law because of their interest in that type of law.

What you need to decide is whether you want your constitutional rights protected by an attorney who worked on a will or a closing on a house for his last client or by an attorney who argued a motion to suppress evidence improperly seized by the police.

In addition, the value you place on any preexisting attorney-client relationship is also an important factor for you to consider while making this decision. If the attorney offers a free initial consultation, use the meeting to evaluate the attorney’s ability to protect your rights

Remember…if you or a loved one has been arrested on a criminal charge in Cincinnati, give our office a call at our 24 Hour Emergency Number at 513 333 0014.

A popular misconception is that cases are always appealed. Not often does a losing party have an automatic right of appeal. There usually must be a legal basis for the appeal—an alleged material error in the trial—not just the fact that the losing party didn’t like the verdict.

Criminal defendants convicted in state courts have a further safeguard. After using all of their rights of appeal on the state level, they may file a writ of habeas corpus in the federal courts in an attempt to show that their federal constitutional rights were violated. The right of a federal review imposes the check of the federal courts on abuses that may occur in the state courts.

An appeal is not a retrial or a new trial of the case. The appeals courts do not usually consider new witnesses or new evidence. Appeals in either civil or criminal cases are usually based on arguments that there were errors in the trial’s procedure or errors in the judge’s interpretation of the law.

Sometimes, appeals courts make their decision only on the basis of the written briefs. Sometimes, they hear oral arguments before deciding a case. Often the court will ask that the case be set for oral argument, or one of the parties will request oral argument. At oral argument, each side’s attorney is given a relatively brief opportunity to argue the case to the court, and to answer questions posed by the judges.

The appellate court determines whether errors occurred in applying the law at the lower court level. It generally will reverse a trial court only for an error of law. Not every error of law, however, is cause for a reversal. Some are harmless errors that did not prejudice the rights of the parties to a fair trial. For example, in a criminal case a higher court may conclude that the trial judge gave a legally improper instruction to the jury, but if the mistake were minor and in the opinion of the appellate court had no bearing on the jury’s finding, the appellate court may hold it a harmless error and let a guilty verdict stand. However, an error of law, such as admitting improper evidence, may be determined to be harmful and therefore reversible error.

After a case is orally argued or otherwise presented for judgment, the appeals court judges will meet in conference to discuss the case. Appellate courts often issue written decisions, particularly when the decision deals with a new interpretation of the law, establishes a new precedent, etc. At the conference, one judge will be designated to write an opinion. The opinion may go through several drafts before a majority of the court agrees with it. Judges disagreeing with the majority opinion may issue a dissenting opinion. Judges agreeing with the result of a majority decision but disagreeing with the majority’s reasoning may file a concurring opinion. Occasionally the appeals court will simply issue an unsigned opinion. These are called per curiam (by the court).

If the appeals court affirms the lower court’s judgment, the case ends, unless the losing party appeals to a higher court. The lower court decision also stands if the appeals court simply dismisses the appeal (usually for reasons of jurisdiction).

If the judgment is reversed, the appellate court will usually send the case back to a lower court (remand it) and order the trial court to take further action. It may order that a new trial be held, the trial court’s judgment be modified or corrected, the trial court reconsider the facts, take additional evidence, or consider the case in light of a recent decision by the appellate court.
If you have been arrested in Greater Cincinnati, call the Criminal Lawyers with Suhre & Assocaties at 513-333-0014 – 24 Hours a day, 365 days a year.  The call is free – and always, there is no obligation on your part

No.  A lawyer can provide you with conscientious, competent, and diligent legal services after an arrest on criminal charges in Cincinnati.  And at all times, they should seek to achieve solutions that are just and reasonable for you.

However, because of the uncertainty of legal proceedings, the interpretation and changes in the law, and many other factors, no lawyer can or should warrant, predict, or guarantee results or the final outcome of your criminal case – or any portion of your case.

Rember, if you are a loved one are arrested in Hamilton County, please contact our office at 513-333-0014.  The initial consultation is free and there is no obligation.

You might not have to turn yourself in. It may be possible to get the warrant set aside  by getting the capias recalled and to proceed with the case. There are two ways to try to do this.

The first, and probably better way, is to find an attorney to speak with the judge or magistrate, explain that you missed the last hearing for some reason, and tell him/her that you are now present and ready to defend against the charges being brought against you.

The second way is to try to do this yourself. If you find what judge your case is before, you can go to his/her courtroom and speak to either a prosecutor or bailiff. You would then try to explain your situation and see if they would be willing to set aside the warrant.

If you hire a lawyer to help, he/she can speak to the judge without you having to be present in the courtroom. If you do it yourself, because you will be the one going in to the courtroom to get things sorted out, there is always the possibility that you could be arrested on the spot.

Whatever you choose, it is usually best to try to get things taken care of as soon as possible. It is much easier to get a week-old warrant set aside than it is to get a year-old one.

Remember…if you or a loved one has been arrested on a criminal charge in Cincinnati, give our office a call at our 24 Hour Emergency Number at 513 333 0014.

No. In most situations the police need either your consent or a search warrant to search your car unless they have a reasonable suspicion of criminal activity.

The sufficiency of any search warrant can later be tested to see if it was properly attained. However, if you give consent, any defects in procedure or evidence will probably not help your situation and the search will probably be allowed.

If you are stopped by the police in your vehicle, you have the right to decline to let them search your car.  However, the police may have the legal right to search. If the search is later deemed unconstitutional, anything they found cannot be used in court. Unfortunately, if you consent to the search, the items found will likely be used against you, even if they had no legal right to search.

If you or a loved one has been arrested in Hamilton County or in the Greater Cincinnati Area, call the attorneys at Suhre & Associates at 513-333-0014.  The call and initial consultation is free and there is no obligation.

In Ohio, and with some limited exceptions, after your records are sealed or expunged, you may truthfully say that you were never arrested, charged, or accused of a crime. In the eyes of the law, the entire incident never happened. In most respects, a sealing or expungement restores you to the status you occupied before being arrested or charged.

You should be aware that the federal government doesn’t have to honor the expungement, nor does an expungement of a conviction necessarily relieve a person from having to disclose it in an application for public office or on some professional license applications.

Remember…if you or a loved one has been arrested on a criminal charge in Cincinnati, give our office a call at our 24 Hour Emergency Number at 513 333 0014.

Yes. Some factors which may contribute to a denial include:

*         Time period required by law has not been met. This time period often does not begin until all confinement and probation has been completed and fines are paid.

*        Additional convictions exists.

*        A previous expungement exits.

*        Pending arrest(s) Conviction of a sexual offense.

*        Registered sex offender Court records indicate that the case is still open.

 Remember…if you or a loved one has been arrested on a criminal charge in Cincinnati, give our office a call at our 24 Hour Emergency Number at 513 333 0014.

For adults, arrest and conviction records usually aren’t automatically expunged or sealed after a period of years. Individuals seeking expungement generally have to file a written application in court and follow various rules for expungement. These rules can be found in the laws of the state where the conviction or arrest was made.

For juveniles, court and arrest records are usually sealed automatically once a juvenile has been arrested and a trial or “adjudication” begins. However, in Ohio, juveniles must file a written application to have their records expunged or destroyed later.

Remember…if you or a loved one has been arrested on a criminal charge in Cincinnati, give our office a call at our 24 Hour Emergency Number at 513 333 0014.