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.
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.
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.
by markwieczorek on March 3, 2011
in Bail
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, in Cincinnati, 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.
Been arrested? Or has a family member been arrested? Give our Cincinnati Criminal Attorneys a call at 513 333 0014.
Former Prosecutors & Police Can Make The Difference On Your Criminal Matter In Cincinnati
I’m Joe Suhre with Suhre & Associates. At Suhre & Associates we provide rigorous and professional legal defense for people facing criminal charges in Greater Cincinnati.
Whether you or a family member have been charged with a Felony charge (at the state or Federal level) or Misdemeanor charge, our criminal defense lawyers are some of the most aggressive defense attorneys in Greater Cincinnati.
On this website, I have tried to answer many of the common questions that come up about criminal law and the life altering effect that a criminal arrest can have.
This blog was designed with you in mind. We have carefully arranged the categories and topics sections (just to the right) to give you the most information possible to help you understand how your particular situation fits in the criminal law courts system.
Or, just type in your question in the search box to the right, and hopefully I have an answer to your question here.
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.
Our experienced Cincinnati criminal defense attorneys – Mark Wieczorek and Mike Zimmerman – are ready to assist you.
by markwieczorek on February 15, 2011
in Bail
After an arrest within the City of Cincinnati or in Hamilton County , the accused appears before a Hamilton County Municipal Court 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:
Own Recognizance – This is the defendant’s written promise to appear in court on the date set and abide by the terms set by the magistrate or judge. No monetary pledge, cash deposit, or security by property or professional bondsman is required.
Unsecured Bond – This release, pending court appearance, is based on the defendant’s written agreement to appear in court on the date set and abide by the conditions set by the magistrate or judge. It is backed by an agreement by the defendant to forfeit money to the court if she or he does not appear in court on the date set.
Secured Bond – This is secured by either a cash deposit, a pledge of real or personal property, or a pledge by a third party that the defendant will appear in court on the date set and abide by the conditions of the release. The judge may forfeit any type of security in the event the defendant does not appear in court on the date set.
Ineligible for Bail – The defendant is denied a release pending court appearance.
If you, or a family member has been arrested in Cincinnati, give our offices a call at our 24 Hour Emergency Number at 513 333 0014.
by markwieczorek on February 9, 2011
in Bail
Yes. But, you can also have it raised by the judge.
In a Cincinnati or Hamilton County Felony case, bail is typically looked at three times by three different judges. First, a municipal court judge will set the bail at the initial appearance. Second, the common pleas magistrate will review it at the felony arraignment. Finally, the trial judge who will preside over the case may also review it.
Under Ohio Criminal Rule 46(E), the judge may, at any time, order additional or different types, amounts, or conditions of bail. This is both a blessing and a curse. On one hand, you can have your bail reduced at any time in the proceedings. Even if the judge denies the motion, there is nothing preventing it from being brought up again.
On the other hand, the judge can also raise your bail. This can happen if the charges are more serious than they first appeared. If you have a prior record that the judge who set your bail was not aware of, or any number of factors.
One of the worst things that can happen, is you are out on bail and ask the judge to lower it or change it to OR (own recognizance) and the judge decides instead to raise it! This results in you being locked up when earlier that day you were out!
I believe that if bail has been set, and you’ve been able to post it, then leave it alone! Don’t ask to have it reduced since you always run the risk of the judge reevaluating the bail and increasing it to a point where you cannot post it.
If you need first-rate criminal defense representation in Cincinnati, give Suhre & Associates a call at 513-333-0014 – 24 hours a day, 365 days a year – and we’ll take a few minutes and answer your questions and see if we can help.
by markwieczorek on February 3, 2011
in Bail
If you are arrested for a crime, the judge will usually set what is called “bail.” Bail is sometimes set, per a schedule, immediately after you are booked for a crime. For more serious crimes, bail may not be set until your arraignment, which is the court date where the charges are read against you and you enter your plea.
Bail is the amount of money you are required to pay in order to leave jail during the period between your arraignment and trial. In some cases, the judge may deny bail, meaning that you will have to stay in jail to await your criminal trial.
For example, individuals who commit particularly reprehensible crimes or who are considered to be a high flight risk may be denied bail. In most situations, you are not required to pay the full bail amount, but are instead allowed to post a portion of it, as a “bond.”
The bond is your promise that you will show up for all required court appearances. There are many different ways in which bond can be posted. The following is a primer on some of those ways.
If you, or a family member, has been arrested, give some of the top Cincinnati Criminal Lawyers a call on their 24 Hour Emergency Number at 513 333 0014.
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.
The most common defense raised in drug cases is to challenge the search and seizure that resulted in the police finding the drugs. If the police violated the defendant’s Fourth Amendment search and seizure rights, the court will suppress, or throw out, the drugs as evidence. The prosecution will then have far less evidence to prove the case beyond a reasonable doubt and the case could be dismissed.
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.
