Facing an OVI charge in Ohio can be a daunting experience. If it is your first time in court for such a matter, understanding what to expect can help ease some of the anxiety and ensure you are better prepared. The judicial process in Ohio involves several stages, and knowing these can give you a clearer picture of what lies ahead.
Understanding the Charges
When you are charged with an OVI (Operating a Vehicle Impaired) in Ohio, it is essential to comprehend the nature of the charges against you. An OVI charge means that you have been accused of operating a vehicle while under the influence of alcohol or drugs. Ohio law is stringent when it comes to impaired driving, and the penalties can be severe, including fines, license suspension, and even jail time. At your first court appearance, which is usually the arraignment, you will be formally presented with the charges. This is your first opportunity to understand the specifics of the accusation, including the evidence the prosecution has against you. The court will also inform you of your legal rights at this stage.
Dan Sabol
Dan is the first attorney in Ohio to be both board certified in criminal trial law by the National Board of Trial Advocacy and be designated as a Lawyer Scientist by the American Chemical Society.
Chase Mallory
Chase Mallory is a firm founder whom has tried over 40 cases and conducted more than 100 suppression hearings. He is a founding member of the DUI Defense Lawyers Association
Meet the lawyers who make up the legal team at Sabol Mallory LLC. Read their individual bios and get to know more about their education, experience and accolades.
Learn more about our teamThe Arraignment Process
The arraignment is the first step in the court process following your OVI charge. During the arraignment, you will stand before a judge who will read the charges against you. This is also the time when you will enter your plea. In most cases, you will have three options: guilty, not guilty, or no contest. Pleading guilty means you admit to the charges and accept the penalties that come with them. A plea of not guilty means you deny the charges and wish to contest them in court. Pleading no contest means you do not admit guilt but also do not dispute the charges. This can sometimes be beneficial as it cannot be used against you in a civil lawsuit. The judge may also set bail during the arraignment, depending on the severity of the charge and your criminal history.
Legal Representation
Having legal representation is crucial when facing an OVI charge. An attorney can help you navigate the complex legal system, provide you with advice on how to plea, and represent your interests in court. If you cannot afford an attorney, the court may appoint a public defender to represent you. At your first court appearance, it is important to have already consulted with a lawyer. Your attorney can help explain the charges against you, the potential penalties, and the best course of action to take. They can also help negotiate bail and prepare you for the subsequent stages of the legal process.
Bail and Release Conditions
During your first court appearance, the judge may set bail, which is an amount of money that you must pay to be released from custody while awaiting trial. The purpose of bail is to ensure that you return for future court appearances. The judge will consider several factors when setting bail, including the severity of the charges, your criminal history, and whether you are a flight risk. In some cases, the judge may decide to release you on your own recognizance, which means you do not have to pay bail but must promise to return for future court dates. The judge may also impose certain conditions for your release, such as refraining from alcohol consumption, attending alcohol education classes, or installing an ignition interlock device in your vehicle.
Client
Testimonials
Learn what our clients have to say about the work of Sabol Mallory. If you have any questions or need legal help for a criminal charge, please reach out to us right away.
Chase Mallory is incredible. He is wonderful to work with and knows exactly what to do to help his clients. Thank you from the bottom of my heart for all you've done for me. I highly recommend hiring Chase to help fight your battles. Bless you!
- Erin R.
Dan Sabol is probably the best attorney I've ever worked with. Very professional and worked hard to get the best results possible. He will be the first person I call if I need a lawyer again. If you find yourself in a sticky situation make sure you give him a ring.
- Christopher R.
I had the pleasure of working with Dan and Chase and I am very grateful!! They did amazing work to help me on my case. They are very helpful and get back with you in a timely manner whenever I had questions for them, which was very nice and reassuring.
- Jessica H.
Preparing for Court
Preparation is key when facing an OVI charge. Before your first court appearance, it is important to gather all necessary documents and evidence that may support your case. This includes any police reports, breathalyzer results, witness statements, and medical records. Your attorney will guide you on what specific evidence is required and how to obtain it. Dressing appropriately for court is also important. Wearing conservative and respectful attire can create a positive impression on the judge. Additionally, arriving on time and being respectful to court staff and officials is crucial. Showing respect for the judicial process can positively influence the outcome of your case.
Plea Bargaining
Plea bargaining is a common practice in OVI cases. It involves negotiating with the prosecution to reach an agreement that may result in reduced charges or a lighter sentence. Your attorney can engage in plea negotiations on your behalf. Plea bargaining can be beneficial as it may lead to a quicker resolution of your case and help you avoid the uncertainty of a trial. However, it is important to carefully consider any plea offers. Accepting a plea deal means you waive your right to a trial and must accept the agreed-upon penalties. Your attorney will help you weigh the pros and cons of any plea offers and determine whether it is in your best interest to accept.
The Pre-Trial Hearing
If you plead not guilty at your arraignment, the court will schedule a pre-trial hearing. The pre-trial hearing is an opportunity for both the defense and prosecution to discuss the case, exchange evidence, and explore the possibility of a plea deal. Your attorney will represent you at the pre-trial hearing and may file motions to challenge the evidence against you. This can include motions to suppress evidence obtained through illegal means, such as an unlawful traffic stop or improper administration of a breathalyzer test. The judge will rule on these motions, and the outcome can significantly impact the strength of the prosecution’s case.
The Trial
If your case proceeds to trial, it will be heard before a judge or jury. During the trial, the prosecution will present its evidence and call witnesses to testify against you. Your attorney will have the opportunity to cross-examine the prosecution’s witnesses and present your defense. This may include calling your own witnesses, presenting evidence, and challenging the prosecution’s case. The trial process can be lengthy and complex, but your attorney will guide you through each step and advocate for your interests. The judge or jury will ultimately decide whether you are guilty or not guilty of the charges.
Sentencing
If you are found guilty or plead guilty to the OVI charge, the court will schedule a sentencing hearing. During the sentencing hearing, the judge will determine the penalties you will face. This can include fines, jail time, community service, probation, and mandatory alcohol education programs. The judge will consider several factors when determining your sentence, including the severity of the offense, your criminal history, and any mitigating or aggravating circumstances. Your attorney can present evidence and arguments to advocate for a more lenient sentence. It is important to comply with all court-ordered penalties and conditions to avoid further legal consequences.
Post-Conviction Options
After a conviction, you may have several options to explore. This can include filing an appeal, seeking a sentence reduction, or applying for a pardon or expungement. An appeal involves asking a higher court to review the decision of the lower court and determine whether any legal errors were made during the trial. If successful, an appeal can result in a new trial or a reversal of the conviction. Seeking a sentence reduction involves asking the court to reconsider your sentence based on new evidence or mitigating circumstances. A pardon or expungement can help clear your criminal record and restore your rights. Your attorney can help you explore these options and determine the best course of action.
The Importance of Legal Counsel
Having an experienced attorney by your side can make a significant difference in the outcome of your OVI case. An attorney can provide you with valuable advice, represent your interests in court, and help you navigate the complexities of the legal system. They can also negotiate with the prosecution on your behalf, challenge the evidence against you, and advocate for a favorable outcome. If you are facing an OVI charge in Ohio, it is important to seek legal counsel as soon as possible. The sooner you have an attorney on your side, the better prepared you will be for your first court appearance and the subsequent stages of the legal process.
Facing an OVI charge in Ohio can be a stressful and overwhelming experience. However, understanding what to expect at your first court appearance can help you feel more prepared and confident. The arraignment is the first step in the court process, where you will be formally presented with the charges and enter your plea. Having legal representation is crucial, as an attorney can help you navigate the legal system, negotiate bail, and prepare you for the subsequent stages of the process. Whether you decide to plea bargain or proceed to trial, your attorney will advocate for your interests and help you achieve the best possible outcome. If you are facing an OVI charge, take action now to by scheduling a Consultation with Sabol Mallory Law Firm.