Administrative License Suspension in Ohio: What You Should Know
Table of Contents Did you receive an administrative license suspension in Ohio after an OVI arrest? Here’s what you need to know. If you test
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.
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.
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.
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:
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
|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|
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|
|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|
|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|
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.
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:
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.
No. An eligible offender must not have any charges currently pending.
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:
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.
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.
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