Criminal Defense Attorney in Cincinnati, Ohio & Covington, Kentucky
If you have been arrested for a crime in Ohio or Kentucky, call our criminal defense attorney at Ganote Law, LLC. A criminal conviction can change your life forever, which is why it is critical to act quickly when your future and freedom are on the line.
With offices in Cincinnati, Ohio, and Covington, Kentucky, our results-driven criminal defense attorney represents individuals accused of crimes throughout both states, including the greater Cincinnati area, Hamilton, Butler, and Clermont County in Ohio, as well as Kenton, Campbell, and Boone counties in Kentucky.
Criminal Charges in Ohio and Kentucky
When accused of a crime in Ohio or Kentucky, you are likely facing either a misdemeanor or felony charge. A misdemeanor is typically less serious than a felony, but the punishment can be severe regardless of whether you are facing misdemeanor or felony charges. Possible penalties may include hefty fines and jail or prison time, depending on the type and classification of the criminal offense:
Misdemeanor. In Kentucky, misdemeanor charges are divided into Class A and Class B misdemeanors. Ohio, on the other hand, has five classifications for misdemeanors: minor, fourth-degree, third-degree, second-degree, and first-degree misdemeanor. Common examples of misdemeanors in Kentucky are theft by unlawful taking under $500, theft by deception, DUI (first, second, and third offense), harassment, criminal mischief, possession of marijuana, and others. Common examples of misdemeanors in Ohio are DUI, assault, theft of property valued under $500, and domestic violence, among others.
Felony. In both Kentucky and Ohio, felonies are divided into five classes depending on the seriousness of the crime. Ohio classifies felonies into five degrees: first-degree, second-degree, third-degree, fourth-degree, and fifth-degree felony, while Kentucky recognizes five classes of felonies: Class D, Class C, Class B, Class A, and capital offenses. Common examples of felonies in Kentucky are robbery, burglary, rape, kidnapping, murder, and others. Common examples of felonies in Ohio are abduction, kidnapping, theft over an amount of $1,000, breaking and entering, motor vehicle theft, rape, and others.
In many cases, a criminal offense (e.g., theft or robbery) can be classified as a misdemeanor or felony, depending on the circumstances surrounding the crime. If you are facing misdemeanor or felony charges in Kentucky or Ohio, our criminal defense attorney at Ganote Law, LLC can help you prepare the best possible defense by looking at every angle of your case.
The Criminal Court Process
Facing criminal charges can be an overwhelming experience. Understanding the entire court process, from investigation to sentencing, can help individuals make more informed decisions about their case and better prepare for each step of the way:
Investigation. When police suspect that someone has committed a crime, they will begin a thorough investigation into the matter. During this stage, they may interview witnesses and collect evidence such as photographs or video footage. The investigation concludes when police have enough evidence to charge an individual with a crime or when they are unable to find sufficient evidence to do so.
Arrest and prosecution. If police determine that there is enough evidence to charge an individual with a crime, they will issue an arrest warrant and take them into custody for prosecution in court. When this occurs, it is critical for individuals to contact an experienced criminal defense attorney immediately in order to ensure that all of their legal rights are protected during this stage.
Indictment and arraignment. Once arrested and charged with a crime, the accused will go through the indictment process. Prosecutors present evidence before a grand jury to decide whether there is enough evidence for the case to proceed to trial. Following the indictment, individuals must appear before a judge for arraignment, where they enter their plea – guilty or not guilty – as well as learn more about the charges against them and any potential penalties if convicted.
Pretrial detention and plea bargaining. At this point in the criminal court process, individuals may be held in jail while awaiting trial if they cannot afford bail or if prosecutors are able to convince a judge that releasing them would pose a risk of flight or public safety. If this occurs, individuals should consult with their lawyer about negotiating a plea bargain which could include reduced charges and/or lesser sentences in exchange for pleading guilty.
Trial and sentencing. If plea bargaining is unsuccessful or if defendants choose not to plead guilty, then their case will proceed to trial where either jurors or judges decide guilt or innocence based on all available evidence (if any). If convicted at trial, defendants face sentencing determined by factors such as state laws, aggravating/mitigating circumstances related to the offense committed, as well as prior offenses (if any).
It’s important to remember that you always have rights throughout this journey, and you should never hesitate to contact an experienced criminal defense attorney at Ganote Law, LLC to assist you throughout your case.
The Appeals Process
The appeals process in Kentucky is similar to that of Ohio. In both states, a criminal appeal is a process by which an accused person challenges the conviction or sentence handed down by the trial court. The accused will file an appeal with the relevant appellate court and present their arguments as to why they believe that their conviction or sentence should be overturned.
After reviewing the case, the appellate court will either affirm (uphold) or reverse (overturn) the lower court’s decision depending on whether they agree with it or not. If your appeal is successful, then you will be granted a new trial or resentencing hearing in front of a different judge and jury. However, if your appeal is unsuccessful, then you will remain convicted and sentenced as before and must comply with all terms of your sentence.
In both Kentucky and Ohio, convicted individuals have 30 days from the date on which the court files its judgment to appeal their conviction. Additionally, the appellate courts in both Kentucky and Ohio do not receive new or additional evidence or testimony.
Criminal Defense Attorney Serving Cincinnati, Ohio & Covington, Kentucky
If you have been arrested or are being investigated for a crime in Ohio or Kentucky, your future is in jeopardy. Hiring a skilled attorney can greatly improve the outcome of your case, so do not hesitate to contact Ganote Law, LLC. Our criminal defense attorney will advocate for you and your rights while guiding you through this difficult time. Call our office today to schedule a free consultation.