Basic Criminal Law Concepts
The basics of Criminal Law
Understanding the basic principles of criminal law can help ease the fear and uncertainty that often come with an arrest or criminal charge. Whether you’re facing a misdemeanor in the Toledo, Maumee, Sylvania, or Oregon Municipal Courts or a felony in Wood, Fulton, or Lucas County Common Pleas Courts, knowing your rights and the legal process is the first step toward building a strong defense.
As a criminal defense attorney based in Toledo, Ohio, I regularly help clients navigate the justice system with confidence. Below are key legal concepts every defendant should understand.
1. Presumption of Innocence
In Ohio, as in all U.S. jurisdictions, every person charged with a crime is presumed innocent until proven guilty. This means the burden is on the prosecution to prove you committed the offense beyond a reasonable doubt.
Example: If you're charged with OVI (Operating a Vehicle Impaired) in Toledo, the court cannot assume guilt based on arrest alone. The prosecution must prove each element of the charge using evidence that meets the high legal standard.
2. Right to Remain Silent
You are not required to answer police questions. If you are suspected of committing a crime or are under investigation then you must tell the police your identity and personal information. Beyond that, you have the right to remain silent. Exercising your right to remain silent is not an admission of guilt. It's a protected constitutional right.
Local Tip: If you are questioned by police in Lucas County or any other county in Ohio, politely say, “I want to remain silent and speak with my attorney.” Then call a local defense lawyer immediately.
3. Right to Legal Counsel
You have the right to be represented by an attorney at every critical stage of the criminal process. If you cannot afford one, the court may appoint a public defender.
Having an experienced Toledo criminal defense attorney by your side can make the difference between a conviction and a dismissed charge or favorable plea.
4. Burden of Proof
The State of Ohio must prove every element of the charged offense beyond a reasonable doubt. This is the highest burden in the legal system, and the defense is not required to prove anything.
5. Plea Bargaining
Most criminal cases in Ohio are resolved through plea bargains. This means the defendant agrees to plead guilty or no contest in exchange for a reduced charge or lighter sentence.
Example: A client in Toledo facing a felony theft charge may be able to negotiate a plea to a misdemeanor with no jail time, depending on the facts and prior record.
6. Diversion Programs and Pretrial Options
Lucas County and surrounding jurisdictions offer diversion or intervention programs for eligible first-time offenders. These programs may allow for eventual dismissal of charges upon successful completion.
Ask your attorney if you're eligible for Intervention in Lieu of Conviction (ILC), Driver Intervention Program (DIP), or other local alternatives.
7. Sentencing Guidelines in Ohio
Ohio law sets out sentencing ranges for misdemeanors and felonies, but judges often have discretion within those ranges. Factors like prior convictions, victim impact, and community ties may influence the outcome.
8. Expungement and Record Sealing
Many convictions and dismissed charges in Ohio can be sealed from your public record. This can help you pass background checks for jobs, housing, or licenses.
Learn more in our post: Sealing a Criminal Record in Ohio
If you or a loved one is facing a criminal charge in Toledo, Maumee, Sylvania, Perrysburg or elsewhere in northwest Ohio, don’t go it alone. Call Brian C. Morrissey, Attorney at Law, for experienced, local representation.
📞 419-830-7441
📧 brian@brianmorrisseylaw.com
