Get Help Minimizing the Damage of Criminal Charges
If you are facing criminal charges, you’re going through one of the most difficult, stressful times of your life. But just because you have been accused of a crime does not make you a bad person—and an arrest does not mean that you will necessarily be found guilty. At Horwitz & Horwitz, LLC, we are dedicated to helping people who have been charged with a crime. A Centerville criminal defense attorney from our team can help you with the following:
- White collar crimes.—White-collar crimes are those that are not considered “violent,” but are still usually charged as felonies. Some of the most common white-collar crimes include bank fraud, embezzlement, mail and wire fraud, identity theft, money laundering, mortgage fraud, securities fraud, tax evasion, healthcare fraud, copyright infringement, and postal offenses. White-collar crimes are sometimes charged as Federal offenses. Your white-collar criminal defense attorney from Horwitz & Horwitz has years of experience defending those charged with a white-collar crime. In many cases, one innocuous statement or email could result in serious white-collar charges. We will conduct a comprehensive investigation on your behalf, defending your rights and your freedom.
- DUI/OVI—DUI/OVI charges in the state of Ohio can follow you for many years to come if you are convicted of the charges. When you hire a DUI attorney from Horwitz & Horwitz, we will immediately begin looking at any mistakes that may have been made by the police. These mistakes might include whether the breathalyzer machine was calibrated, the breathalyzer test was properly administered, the stop was valid, there was a valid reason to stop you in the first place, or your rights were violated following your arrest. Not only will we fight for a “not guilty” for your criminal DUI charges, but we can also represent you in the hearing that determines whether you will be allowed to retain your driver’s license.
- Drug crimes—Drug charges in Ohio are very serious, with extremely serious penalties. You need a lawyer who will aggressively defend your drug charges, whether you have been charged with drug possession, drug manufacturing or cultivation, and drug trafficking. The amount and type of drug in question will determine your charges; possession of a small amount (less than 100 grams) of marijuana could be charged as a minor misdemeanor, while other illegal drugs or larger quantities of drugs could result in felony charges and significant prison time. Some defenses to drug charges could be illegal search and seizure, lack of intent, entrapment, or police misconduct.
- Misdemeanors—While misdemeanor criminal offenses are not nearly as serious as felony charges, they can still keep you from securing employment, and can put a “black mark” on your record. Because of this, you should hire an experienced attorney for a misdemeanor offense as well as for a felony offense. Your attorney may be able to negotiate a plea that will allow you to perform community service or something similar in return for dismissing your misdemeanor charge.
- Student crimes—When your child goes to college, you will naturally worry about them. Unfortunately, it is all too easy for a student to be charged with a criminal offense that could derail their education and follow them for many years to come. Whether your student is facing drunk driving charges, marijuana possession, shoplifting, or a more serious criminal charge, you need a strong, experienced attorney who understands how high the stakes are and who will aggressively defend your child.
- Juvenile crimes—It is every parent’s worst nightmare to receive a call telling them their child has been arrested for a criminal offense. About half of all juvenile arrests are for theft, simple assault, drug possession, disorderly conduct, and curfew violations, but there are also much more serious criminal charges a juvenile can be charged with—and may even be charged as an adult. Minors who are convicted of a lesser criminal offense are considered delinquent and a judge will hold a dispositional hearing to determine the appropriate sentence for a juvenile offender. This sentence could include community service, suspension of driver’s license, probation, house arrest, drug or alcohol treatment, placement in a detention facility, fines and court costs, or psychological counseling. If your minor child is facing criminal charges in Ohio, it is imperative that you have a zealous criminal defense attorney to protect their rights and help them avoid a permanent criminal record whenever possible.
- Probation violations—If you violate the terms of your probation, you need a legal advocate who can present your case and offer a valid explanation of the violation. By doing this, the damage of the probation violation can be significantly mitigated, allowing you to keep your probation active rather than incurring revocation of your probationary period.
- Expungements—Ohio details “eligible offenders” who may have their criminal record expunged or sealed so that prospective employers can no longer see the offense. While there are many variables associated with expunging a criminal record, generally speaking, you are eligible if you have met the waiting period requirements since the date of your conviction, and if your conviction was non-violent, non-sexually oriented, did not involve a minor, and were either misdemeanor offenses or a fourth or fifth-degree felony (or in limited circumstances, a third-degree felony). An expungement requires an application to the court prepared by a knowledgeable Centerville criminal defense attorney from Horwitz & Horwitz.
- Pre-indictment defense—In some cases, you may know—or at least suspect—that you are under suspicion of committing a criminal offense. There could even be a grand jury empaneled to determine whether you will be charged with the crime. If you are the target of such an investigation, you can expect that state or federal authorities are using their vast resources to gather evidence that will lead to criminal charges against you. When your attorney is on your case even before you have been formally charged, in some cases, they may be able to head off the charges altogether. Having an attorney early on in the process can also keep you from making incriminating statements that inadvertently hurt you and your case. The sooner you have a criminal defense attorney advocating on your behalf, the better for you and your future.
When we take your case, we work with you from start to finish. You will work directly with experienced criminal defense attorney Jon Horwitz. All of your calls, meetings, and court hearings will be handled by Jon, not a paralegal or secretary.
We believe in developing a relationship with our clients and in being available and approachable throughout the process. We want you to know that you can come to us with questions, and we will make sure that you fully understand the benefits and risks of all of your legal options.
Criminal Defense Overview
Criminal defense law encompasses the legal protections afforded those accused of committing a criminal offense. As you likely know, state prosecutors and other government agencies have huge resources at their disposal and will use those resources to prosecute those accused of a crime. If the accused did not have certain protections, the balance of power would lie significantly with governmental entities. If you have been charged with a criminal offense, it is likely you are feeling very stressed-out, confused, anxious and frightened about your future.
Since criminal prosecutions are based on government-gathered evidence, it is crucial that you have an experienced Ohio criminal defense attorney from Horwitz & Horwitz by your side who will obtain all relevant evidence and ensure you were not subjected to an illegal search and seizure. If it turns out your rights were violated, your criminal defense attorney can ask that the court suppress any evidence which was illegally gathered, preventing it from being used at trial.
Under our Constitution, you are afforded many more protections which apply to the defense against your criminal charges. As an example, you cannot be charged twice for the same crime once you have been acquitted of that crime under the 5th Amendment’s double jeopardy provision. The 6th Amendment guarantees you the right to a public trial—the right to have your guilt or innocence decided by a jury of your peers. You also have the right to confront adverse witnesses and to use the subpoena power of the court to compel the appearance of witnesses who can help your case. All of these protections and more are well-known to your attorney and will all be used to your advantage.
Being Released from Jail Pending Your Trial
Following your arrest, you may be placed in jail. Aside from the obvious inconveniences of being locked up, you are unable to work and make a living so long as you are in jail. This also makes it much more difficult to retain an attorney and actively participate in the defense of your case. Further, you are unable to meet your regular financial obligations. This places you at a significant disadvantage. Therefore, your goal—and that of your attorney—will be to have you released from jail while your case is pending.
This means you will be required to post a bond—good faith money which gives the court collateral to ensure you return to court in the future. Should you not appear, the collateral you used to obtain the bond could be forfeited. In other words, if you put your home up as collateral in order to get out of jail and you don’t show up for court, you could well lose your home. If you have strong ties to the community, family members who depend on you, and you pose no threat to others, your attorney may be able to have your bond reduced or to have you released on your own recognizance (OR).
Should You Take a Plea Bargain?
The vast majority of criminal cases never reach the trial stage because criminal defense attorneys negotiate a plea bargain with the prosecutor. If you are absolutely innocent of the charges against you, then a plea bargain is likely not an issue. If, however, there is sufficient evidence to establish that you did engage in criminal conduct, your Ohio criminal defense attorney may be able to enter into a settlement agreement on your behalf. This means that in return for your guilty plea, you will have your charges reduced to lesser charges, or your sentence reduced to a more lenient one. Those seeking a plea agreement basically have two options—fight the government on every single issue, giving the prosecutor an incentive to get rid of your case via a plea bargain or cooperate fully, demonstrate true remorse, and convince the prosecutor that a lenient sentence is appropriate. Your Ohio criminal defense attorney from Horwitz & Horwitz will never accept a plea bargain without your full agreement. We will discuss the issue thoroughly with you, clearly outlining the pros and cons of taking the plea agreement. Should you be unwilling to accept a plea bargain, your case will proceed to trial.
Moving Forward with Your Criminal Trial
If your criminal case should proceed to a jury trial, one of the major keys to success lies in presenting a persuasive, coherent theory to the jury which will fully explain that either you have been falsely accused, or that there were extenuating circumstances which caused you to commit the criminal offense. Your criminal defense attorney will develop a convincing theory and present it to the jury in the most effective manner. As an example, suppose you have been arrested on charges of DUI/OVI, after failing the field sobriety tests.
What the jury may not know is that you have a leg injury which prevented you from being able to “pass” the field sobriety tests, and that you had worked ten hours at your job on a farm and were exhausted at the time of the test. Your attorney will ensure the jury knows those facts therefore you will stand a chance of obtaining a “not guilty” verdict. Having an experienced, well-spoken, knowledgeable attorney by your side who can convincingly explain these extenuating circumstances can make the difference between a bad outcome, and the best outcome possible.
At Horwitz & Horwitz, our goal is to give you the best possible outcome for your situation. We tailor our approach to your unique situation and involve you throughout the process. Sometimes, we are able to negotiate a favorable plea agreement. Other times, the case must proceed to trial. We give honest, straightforward advice that takes into account your best interests, not force you to accept a plea agreement or go to trial when it is not appropriate in your case. We never promise results, because no good attorney can honestly guarantee a certain outcome.
How to Find a Good Centerville Criminal Defense Attorney Near You
You may have a good understanding of the importance of having an excellent attorney when you’re facing a criminal charge but are unsure how to go about finding a great Centerville criminal defense attorney near you. Like any profession, not all lawyers are equal and finding the right attorney can make a significant difference in the outcome of your criminal charges. While it can seem daunting to search for a criminal defense attorney when you are already dealing with repercussions from your criminal charges, this could be the most important decision you make.
Perhaps one of the best ways to tell whether an attorney is right for you, consider that time is critical following criminal charges. When you contact a Centerville criminal defense attorney they should respond quickly because they fully understand how important getting to work on the case immediately really is. If your attorney arranges a meeting quickly, they are likely to be equally responsive when it comes to defending you.
Experience in criminal law is another crucial aspect when choosing a Centerville criminal defense attorney. Regular involvement in criminal law means the attorney is up-to-date on the laws and nuances related to criminal law. It also means the attorney has experience with the local courts, which translates into an ongoing relationship with judges and prosecutors. These connections make a difference when you are fighting criminal charges.
Many people will ask their friends, relatives, and co-workers for a lawyer referral. It can, however, be more difficult to obtain referrals for criminal attorneys as fewer people may have experience associated with criminal charges. In the end, remember that the least expensive lawyer is not always the best and that some lawyers work harder than others. You want a Centerville criminal defense attorney from Horwitz & Horwitz who will conduct an exhaustive investigation on your behalf and will vigorously defend you, your rights, and your future throughout the process.
Do I Really Need a Centerville Criminal Defense Attorney for My Case?
Whether you are innocent of the charges against you, or you made a serious error in judgment, representing yourself after being charged criminally is never a good idea. Criminal cases move quickly, requiring the legal expertise and knowledge of a seasoned criminal defense attorney. A criminal defense attorney who has been defending those charged criminally for many years is cognizant of all the issues associated with criminal charges. Your criminal defense attorney will negotiate with the prosecutor for lesser charges, a dismissal of the charges, or, in the case of a conviction, lesser penalties. These negotiations are not something you can do on your own. If your case goes to court, you need a highly skilled attorney who is comfortable in a courtroom, thinks fast on their feet and is 100 percent dedicated to ensuring the best outcome possible.
Why You Need an Experienced Ohio Criminal Defense Attorney
Our current criminal justice system is simply not designed to allow people to represent themselves, and the person who tries to do so will almost certainly regret that decision later on. If you have been arrested and charged with an Ohio criminal offense, it is crucial that you have a highly qualified Ohio criminal defense attorney from Horwitz & Horwitz to stand up for your rights, to fight back against an overzealous police officer, and to truly care about your future.
We take the time to listen to your story, gather the evidence, look into all possible defenses, and implement the best strategy for your case–all in a cost-effective manner.
Our attorneys will fight aggressively on your behalf to ensure you receive the very best outcome possible. We believe in you and have compassion for your current situation. Contact an Ohio criminal defense attorney from Horwitz & Horwitz today or request a free consultation to get straightforward advice.