The following FAQ's are intended for the State of Ohio

Welcome

Being charged with a misdemeanor or felony? Below you will find some helpful basic explanations which are not intended as, nor should be construed as Legal Advice. If you need advice, seek the counsel of a licensed attorney directly.

FREQUENTLY ASKED QUESTIONS

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What is a Preliminary Hearing?

Takes place in the municipal court as a result of a felony charge brought prior to an indictment.  A municipal Court Judge or Magistrate will determine if there is sufficient cause for the case to be bound over to the Common Pleas Court.

Bonds

There are generally 2 types of bonds

  1. Cash/Surety- This means that you will need to post EITHER the ENTIRE amount of the bond or call a bondsman who will inform you of their fee for posting the bond
  2. 10%- This means that you may post ten percent of the total bond directly through the Clerk of Courts or Sheriff's office.

How much time am I facing?

While this question cannot be easily answered without specific knowledge of your case,  basic felony sentencing guidelines case be found here https://www.supremecourt.ohio.gov/Boards/Sentencing/resources/judPractitioner/felonyQuickRef.pdf  

Can I get work release?

There is no work release if sent to prison.  If you were sentenced for a felony to county time, or a misdemeanor, you can ask for work release AFTER you have served any mandatory time (i.e. mandatory minimums on OVI). Generally you will need the following in support of your request/motion:

  1. Verifiable Proof of work schedule
  2. If you have a valid license, your license & insurance. If you do not, the license & insurance of whomever is transporting you.
  3. Filing Fee, if any

I am being charged with an OVI, can I get driving privileges?

This will depend on specific circumstances, prior OVI record and facts of your case.  Generally, you may petition the Court for driving privileges after a certain amount of  time has passed.  That waiting period is determined by your  # of priors, # of refusals and BAC level if you took the test.

When or can I get my record sealed?

If you are eligible to get your record sealed (meaning you have no disqualifying convictions) then the waiting period for misdemeanors is one (1) year from end of any punishment (jail, probation etc.) and for felonies it is three (3) years from the end of any punishment.  All fines, court costs and restitution must be paid.