Cincinnati: 513-723-1600 | Dayton: 937-815-1555

Cincinnati Criminal Defense Lawyer

We Will Defend Your Rights In Criminal Court

If you’ve been charged with a criminal offense, it’s important to have a Cincinnati criminal defense lawyer on your side who will fight for your rights. We specialize in criminal defense and have the experience and resources necessary to provide the best representation for any criminal case.

Feeling scared after being arrested and don't know where to turn?

If you’re in need of a Cincinnati criminal defense lawyer, you may be feeling alone and uncertain about your future. You don’t know where to turn or what to do next. You may feel like you’re out of options and that no one can help you.

Don’t be tempted to try to represent yourself in court or take a plea deal that isn’t right for you. Let us help.

The Minnillo Law Group is here for you. With years of experience defending people against criminal charges in Cincinnati and Northern Kentucky, we are dedicated to providing our clients with the best possible defense. Whether you’re a student facing their first conviction or a repeat offender, we will fight for your rights and make sure that you have the best chance at a fair trial.

Contact us today for a FREE consultation! We know the system inside out and will work tirelessly to get the best possible outcome for your case.

Table of Contents

Contact Our Cincinnati Criminal Defense Lawyer Today

Minnillo Law Group in Cincinnati is committed to providing you with the highest quality of legal representation for criminal defense cases. Our dedicated attorney is available to answer any questions you may have and make sure you feel supported throughout the entire process. You can trust Minnillo Law Group to keep your case confidential, as well as fight aggressively on your behalf in court. Don’t wait another day—contact Minnillo Law Group’s Cincinnati criminal defense lawyer today at 513-760-1783 and let us help you achieve the best outcome for your case.

What can I expect from my Cincinnati criminal defense Lawyer?

With our unbeatable track record of success and knowledge of criminal law, our criminal defense attorneys are invaluable assets when facing criminal charges. Regardless of the circumstances, you can trust that the Minnillo Law Group will work hard to protect your rights at every step. As your Cincinnati criminal defense lawyers, we dedicate ourselves to:

List of Crimes We Defend in Ohio

At our Cincinnati law firm locations, we are proud to offer clients legal protection in a number of different criminal cases. We handle everything from homicide and assault to minor offenses such as theft or drug charges. We understand that being accused of a crime can be incredibly intimidating; that’s why we take the time to fully explain the legal process and any potential outcomes before you make your decisions. Our criminal defense lawyers have an excellent track record of winning cases, so you can rest assured knowing you have good counsel representing you. We defend many types of Ohio criminal charges, including:

  • 2903.01 Aggravated murder.
  • 2903.02 Murder.
  • 2903.03 Voluntary manslaughter.
  • 2903.04 Involuntary manslaughter.
  • 2903.041 Reckless homicide.
  • 2903.05 Negligent homicide.
  • 2903.06 Aggravated vehicular homicide – vehicular homicide – vehicular manslaughter.
  • 2903.08 Aggravated vehicular assault; vehicular assault.
  • 2903.081 Warning signs in construction zones.
  • 2903.09 Aggravated vehicular assault – vehicular assault.
  • 2903.10 Functionally impaired person, caretaker defined.
  • 2903.11 Felonious assault.
  • 2903.12 Aggravated assault.
  • 2903.13 Assault.
  • 2903.14 Negligent assault.
  • 2903.15 Permitting child abuse.
  • 2903.16 Failing to provide for a functionally impaired person.
  • 2903.21 Aggravated menacing.
  • 2903.211 Menacing by stalking.
  • 2903.22 Menacing.
  • 2903.31 Hazing.
  • 2903.33 Patient abuse and neglect in care facilities definitions.
  • 2903.34 Patient abuse or neglect.
  • 2903.341 Patient endangerment.
  • 2905.01 Kidnapping.
  • 2905.02 Abduction.
  • 2905.03 Unlawful restraint.
  • 2905.05 Criminal child enticement.
  • 2905.11 Extortion.
  • 2905.12 Coercion.
  • 2907.02 Rape.
  • 2907.03 Sexual battery.
  • 2907.04 Unlawful sexual conduct with minor.
  • 2907.05 Gross sexual imposition.
  • 2907.06 Sexual imposition.
  • 2907.07 Importuning.
  • 2907.08 Voyeurism.
  • 2907.09 Public indecency.
  • 2909.02 Aggravated arson.
  • 2909.03 Arson.
  • 2911.01 Aggravated robbery.
  • 2911.02 Robbery.
  • 2911.10 Trespass as element of offense.
  • 2911.11 Aggravated burglary.
  • 2911.12 Burglary.
  • 2911.13 Breaking and entering.
  • 2911.21 Criminal trespass.
  • 2911.211 Aggravated trespass.
  • 2911.31 Safecracking.
  • 2913.03 Unauthorized use of a vehicle.
  • 2913.04 Unauthorized use of property – computer, cable, or telecommunication property.
  • 2913.21 Misuse of credit cards.
  • 2913.31 Forgery – Forging identification cards or selling or distributing forged identification cards.
  • 2913.42 Tampering with records.
  • 2913.47 Insurance fraud.
  • 2913.49 Identity fraud.
  • 2913.51 Receiving stolen property.
  • 2915.02 Gambling.
  • 2915.03 Operating a gambling house.
  • 2915.04 Public gaming.
  • 2915.05 Cheating – corrupting sports.
  • 2915.06 Skill-based amusement machine prohibited conduct.
  • 2915.061 Regulation of skill-based amusement machines.
  • 2915.07 Conducting illegal bingo.
  • 2915.08 Application for license to conduct bingo, instant bingo.
  • 2915.081 Illegally operating as distributor of bingo supplies.
  • 2915.082 Illegally operating as manufacturer of bingo supplies.
  • 2917.01 Inciting to violence.
  • 2917.02 Aggravated riot.
  • 2917.03 Riot.
  • 2917.04 Failure to disperse.
  • 2917.11 Disorderly conduct.
  • 2917.12 Disturbing a lawful meeting.
  • 2917.13 Misconduct at emergency.
  • 2917.21 Telecommunications harassment.
  • 2917.31 Inducing panic.
  • 2917.32 Making false alarms.
  • 2919.01 Bigamy.
  • 2919.12 Unlawful abortion.
  • 2919.21 Nonsupport or contributing to nonsupport of dependents.
  • 2919.22 Endangering children.
  • 2919.24 Contributing to unruliness or delinquency of a child.
  • 2919.25 Domestic violence.
  • 2919.26 Motion for and hearing on protection order.
  • 2919.27 Violating protection order.
  • 2925.01 Drug offense definitions.
  • 2925.02 Corrupting another with drugs.
  • 2925.03 Trafficking, aggravated trafficking in drugs.
  • 2925.04 Illegal manufacture of drugs – illegal cultivation of marihuana – methamphetamine offenses.
  • 2925.041 Illegal assembly or possession of chemicals for manufacture of drugs.
  • 2925.05 Funding, aggravated funding of drug or marihuana trafficking.
  • 2925.06 Illegal administration or distribution of anabolic steroids.
  • 2925.09 Unapproved drugs – dangerous drug offenses involving livestock.
  • 2925.11 Possession of controlled substances.
  • 2925.12 Possessing drug abuse instruments.
  • 2925.13 Permitting drug abuse.
  • 2925.14 Drug paraphernalia.
  • 2925.22 Deception to obtain a dangerous drug.
  • 2925.23 Illegal processing of drug documents.
  • 2925.24 Tampering with drugs.
  • 2925.31 Abusing harmful intoxicants.
  • 2925.32 Trafficking in harmful intoxicants – improperly dispensing or distributing nitrous oxide.
  • 2925.37 Counterfeit controlled substance offenses.
  • 2925.42 Criminal forfeiture of property relating to felony drug abuse offense.

Underage Drinking Charge in Ohio

In Ohio, a conviction of an underage drinking citation has severe possible penalties. Jail time ranges from 0–180 days, Fines are $0–$1000 plus court costs, up to 5 years of probation plus supervision fees, and the court can order a drug and alcohol assessment and any recommended treatment and counseling. The court can also give you a license suspension from 6 months to 1 year. All the liquor control laws can be found in ORC 4301. You can read the full underage possession statute in ORC 4301.69. The penalties are listed under ORC 4301.99.

The most important part to you is the section that allows your lawyer to petition the prosecutor and court for diversion. This allows the court to stay the proceedings and allows you to get treatment and counseling. If you complete the program the judge will dismiss the complaint and you might be eligible to have the record of it sealed.

I have represented many clients in Cincinnati and Northern Kentucky with drug or alcohol possession as a misdemeanor. I have dealt with cases involving students or guests at Xavier University, University of Cincinnati, Northern Kentucky University, and more. This can involve the school directly with them being placed on probation for academic code violations and counseling. The police and courts can also become involved. If the charge is a felony, then the case will definitely go to court and involve the police.

If you are not eligible for diversion, you might still be eligible to have the conviction sealed. The law used to allow that one qualifying conviction could be eligible for expungement once in your lifetime. Now the law has changed to allow two. See ORC 2953.31 to 2953.36 of the Revised Code.

You may not serve actual jail time on a first offense, all things being equal. That does not mean that the judge will not give you jail time suspended on the condition that you stay out of trouble, do what probation tells you, pay the money, and have no similar offenses for 6 months to a year.

Drinking or Drug Convictions and Future Employment

Some jobs require you to submit background checks. If it is on your record, it will remain forever unless you are eligible to have it sealed or expunged. Sealing will prevent it from appearing on most background checks. Some situations will allow an agency or employer to look through the sealing of the conviction. Consult your criminal defense attorney to find out if the job you are applying for will require such a disclosure.

This offense has serious potential consequences. If you are convicted, you might have to explain it to an employer in the future. Most employers would prefer to hire people without a criminal record. If you want a job that requires a security clearance it will be a big deal if you have a conviction on your record for an alcohol violation as it shows risk-taking behavior. Not something the government or government contractors are looking for in prospective employees.

Employers that consider hiring people with a history of underage drinking are more interested in how long ago the offense occurred and whether it was a one-time thing you learned your lesson from or if is it the tip of the iceberg of problems you have. A conviction for underage drinking is not the end of the world, but you would be wise to stay away from alcohol until you are over 21 in Ohio.

If you happened to get charged, contact a criminal defense lawyer right away. Chances are that you do not have enough money to hire a lawyer on your own. This means that you will have to rely on notifying your parents as soon as possible so that they can help you retain an attorney to represent you.

Ohio Felony Court Process

If you are charged with a crime in Cincinnati or Northern Kentucky it might be a misdemeanor or felony.  A misdemeanor is generally punishable by less than six months in jail per offense.  If you have multiple misdemeanors you might face up to six months on each for no more than 18 months in county jail.  If you are charged with a felony, you can face six months to the rest of your life in state prison.

Note: Criminal and traffic offenses have many potential collateral consequences. You should consult with our Cincinnati criminal defense lawyer for the exact consequences you are facing in your situation. Felonies can also have additional time imposed with specifications, etc.

Charging of felony in Ohio can be done with the issuance of a felony complaint, affidavit, and warrant or direct indictment to a grand jury. You cannot be issued a ticket or cited to court. You will have to turn yourself in if you are not in custody to be processed, photographed, and fingerprinted.

Initial Arraignment

A not guilty plea is usually entered, and the case is referred for preliminary hearing if you have not been indicted by a grand jury yet or it is set for a grand jury report date in a few weeks. The bond will be set. This is the amount you will have to pay to get out of jail.

Grand Jury

At grand jury the charge or counts can be increased or decreased in number and increased or decreased by level of offense or severity. During this time the prosecutor will present the case to a grand jury which will determine if there is sufficient evidence or probable cause to indict the felony.

Indictment

If you are indicted with one or more felonies, you will have to be arraigned again before a felony judge or magistrate. If new charges were added or the severity or degree of the charge was increased, then the bond can go up significantly. Bond can also include conditions like house arrest, alcohol or drug monitoring, pretrial services supervision, etc.

Scheduling Conference

This is where your lawyer will set the next court date. The judge might allow one to several pretrial dates to allow the prosecution and defense to exchange discovery before scheduling a plea, pretrial motions date, final pretrial, or jury trial.

Criminal Court appearance Tips

Ohio Felony Sentencing Chart

Degree Sentencing Prison Time Max Fine Post Release Control (PRC/Probation) PRC Time
First (F1) Presumption of Prison 3-11 years $20,000 Required 5 years
Second (F2) Presumption of Prison 2-8 years $15,000 Required 3 years / 5 years sex offense
Third (F3)
High Level
aggravated vehicular homicides and assaults, sexual battery, GSI, sex - with a minor, and robbery or burglary with two or more separate aggravated or non- aggravated robberies or burglaries
No Presumption unless theft of firearm or certain sex offenses 12-60 months $10,000 Optional unless sex or violent offense 3 years / 5 years sex offense
Third (F3)
Low Level
No Presumption unless theft of firearm or certain sex offenses 9-36 months $10,000 Optional unless sex or violent offense 3 years / 5 years sex offense
Fourth (F4) Expectation of Community Control (Probation) 6-18 months $5,000 Optional unless sex offense Up to 3 years / 5 years sex offense
Fifth (F5) Expectation of Community Control (Probation) 6-12 months $2,500 Optional unless sex offense Up to 3 years / 5 years sex offense

Note: Felony 1 and 2 offenses are now punishable in Ohio by indefinite sentencing which adds an additional up to 50% more than the stated term.

Ohio Misdemeanor Sentencing Chart

Degree Jail Time Max Fine Probation
First (M1) Up to 180 days $1,000 Up to 5 years
Second (M2) Up to 90 days $750 Up to 5 years
Third (M3) Up to 60 days $500 Up to 5 years
Fourth (M4) Up to 30 days $250 Up to 5 years
Minor (MM) None $150 None

Attempt

Sometimes a prosecutor will negotiate with the criminal defense attorney and offer to reduce the number of charges or the severity of penalties by reducing the degree of the offense. This is done by offering to make the offense an attempt.

Ohio Expungement Frequently Asked Questions

If you have criminal charges in Cincinnati on your record and are curious about the process for an Ohio expungement, it is important to understand your rights and legal options. The best way to make sure that you are pursuing the right course of action is to speak with a criminal defense lawyer. An experienced attorney will be able to inform you about eligibility requirements, deadlines, and any other essential information related to filing for an expungement. In the meantime, here are answers to some common questions related to expungement in Ohio.

We all know prior convictions can be a source of personal embarrassment, a bar to gaining certain employment or advancing in that employment. Criminal convictions can also cause problems with education, scholarships, and housing opportunities. Expungement removes your record from public view.  Investing in an expungement is a wise and prudent choice that should be considered by all eligible offenders.

For a person to be eligible to have their criminal record expunged they must meet all of the following requirements:

  • You must wait the appropriate amount of time after your conviction or dismissal.
  • The crime you were convicted of must be an offense that is eligible for expungement.
  • You must not have prior convictions in excess of what is allowable.
  • Additionally, you must not have any current criminal charges pending with any court.

The following offenses are not eligible to be expunged under current Ohio law. This list is not exhaustive but is used for illustrative purposes only. To be certain whether your case is eligible for expungement contact the Dayton criminal defense attorneys at Minnillo Law Group.

  • Offenses that require a mandatory prison term.
  • Felonies of the first or second degree
  • Rape
  • Sexual battery
  • Unlawful sexual conduct with a minor
  • Sexual imposition
  • Sex crimes involving minors
  • OVI (operating a vehicle under the influence)
  • Driver’s license offenses under R.C. 4507, 4510 and 4511
  • Failing to stop after an accident
  • Misdemeanor or felony offense of violence with some exceptions such as misdemeanor assault
  • Offenses where the victim is less than 16 years of age excepting non-payment of support
  • The following offenses if committed after October 10, 2007:
    • Importuning
    • Voyeurism
    • Public indecency
    • Compelling prostitution
    • Promoting prostitution
    • Enticement of solicitation of a prostitute
    • Disseminating or displaying matter harmful to juveniles
    • Pandering obscenity
    • Deception to obtain matter harmful to juveniles

No. An eligible offender must not have any charges currently pending.

  • For a felony conviction you must wait three years from final discharge.
  • Final discharge would mean you are no longer on probation or post release control.
  • If your conviction was for two felonies, you must wait four years from the date of final discharge.
  • If your conviction was for three to five felonies, you must wait five years from the date of discharge.
    For a misdemeanor conviction you must wait one year from the date of discharge.

Once a Judge grants your application for expungement it is as if the conviction never occurred for most purposes, however there are exceptions. Law enforcement agencies, some limited government agencies, courts, and some employers in the caregiver profession may retain the ability to access sealed records. Other employers will have no access to it along with the general public. Once a court orders your record(s) sealed, you are legally allowed to state truthfully that the conviction never occurred if asked by a private employer, landlord, or educational institution.

This is a complicated question. A recent change in the law has expanded eligibility to many more offenders than the prior law allowed. To know if you do not have excessive convictions you will need to speak with our criminal defense attorney in Dayton.

As a general guideline, however:

  • There is no longer a limit on eligible misdemeanor offenses
  • Up to 5 felony convictions, if they are all felonies of the fourth or fifth degree

Yes. Non convictions may be expunged however the rules can be complicated. If a person is found not guilty at a trial, they may apply for expungement immediately. If a criminal case is filed against a person and then dismissed without prejudice the person must wait until the appropriate statutory time limitation expired. A dismissal without prejudice means that the state can re-file the charge within a certain time period and that period must have expired before expungement is eligible.

If a person had a felony presented to a grand jury and no indictment issued this is called a “no bill.” A no bill can be expunged after the expiration of a two-year waiting period.

Yes. A judge has the discretion to approve or deny an expungement even for eligible offenses.  This is where an attorney can make all the difference. When an application for expungement is filed, the court will initially determine whether the person is an eligible offender. The prosecutor then could file written objections to a person’s request for expungement. 

Not only must the court be convinced that the person has been successfully rehabilitated, but the court must also weigh the interest of the person in gaining the expungement versus the interest of the government in maintaining that conviction. The prepared arguments of counsel can often be the crucial factor determining whether records are sealed.

Yes, juvenile records can often be sealed. Juvenile convictions are known as adjudications rather than convictions, and there are specific rules regarding these adjudications that our criminal defense lawyer at Minnillo Law Group in Dayton can help you navigate.

You probably have questions of your own relating specifically to your situation. In a free consultation, an attorney at our firm can answer your questions and explain how we can help you get a fair trial or have your record expunged.

Get Your Criminal Defense Questions Answered for Free

Contact us today to arrange a free initial consultation with an attorney in a no-pressure setting. Our convenient location is near you in Cincinnati in the heart of downton.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Our Cincinnati Criminal Defense Lawyer Fighting For You

Portrait of Robert F. Healey, Jr., a member of Minnillo Law Group Co., LPA

Robert F. Healey, Jr.

Attorney – Of Counsel
Minnillo Law Group Co., LPA

Avvo Rating Badge – 10.0 – Robert Francis Healey Jr. – Top Attorney2021 Top 3 DWI Lawyers in Dayton – Three Best RatedThreeBest Rated Best Business of 2023 - Robert F. Healey, Jr. - Minnillo Law Group Co., LPA
ThreeBest Rated Certificate of Excellence 2023 - Robert F. Healey, Jr. - Minnillo Law Group Co., LPA - Dayton, OH Top 3 DUI Lawyers

Cincinnati Criminal Defense Resources

Client Reviews