The Columbus, Ohio Criminal Defense Lawyers of Heckert & Associates, Co., L.P.A. Frequently Asked Questions

The following information includes frequently asked criminal defense questions. The answers stated are general in nature and are not intended to apply to every criminal defense situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting the Columbus, Ohio drunk driving defense lawyers of Heckert & Associates, Co., L.P.A. you can receive a personal consultation regarding your specific criminal defense case.

Can police officers use force to arrest me?

A police officer may use as much force as necessary for a criminal arrest, as long as it is reasonable and lawful. After an arrest is made, a police officer may apply handcuffs to a defendant if the officer thinks that it is necessary to prevent injury or escape. If the defendant claims an unlawful application of force was used by the arresting officer, a judge will hear the defendant's argument and decide whether or not the force used was reasonable for the circumstances.

If you believe the police violated procedures when arresting you, call the Columbus, Ohio white collar crime lawyers of Heckert & Associates, Co., L.P.A. today to defend your legal rights in court.

Will I be fingerprinted or have to be in a line-up?

If you are arrested, the police have the right to take your fingerprints and photographs. You may also be required to participate in a line-up, to provide a sample of your handwriting, to speak phrases associated with the offense, and/or to have samples of your hair taken. However, you may insist that an attorney be present during this time.

What is bail?

Bail is money or other property that is deposited with the court in order to ensure that the person accused returns to court when he or she is required to do so. However, if the defendant does not come to court when required, or violates his or her bail conditions, the bail will be forfeited to the court and will not be returned.

Why is it important to have an attorney if I want to negotiate a plea in my case instead of going to trial?

Plea negotiation can be very tricky and a defendant may end up plea bargaining him or herself to a harsher punishment than what he or she actually deserves. This is why it is very important to have a criminal lawyer representing you if you plan to negotiate a plea. A criminal attorney considers many factors in deciding whether to recommend a plea bargain for a client and what strategies to engage if a plea bargain is the best choice for the client's situation. Factors a criminal lawyer considers include:

The strength of the evidence the prosecutor may present at trial; and

The potential penalties that the defendant could be subjected to if the case went to trial and lost.

Don't take a chance on bargaining away your rights when you have been charged with a crime. Call the Columbus, Ohio criminal defense lawyers of Heckert & Associates, Co., L.P.A. today for experience and legal advice you can trust.

When are the police required to "read me my rights?"

In television and movies, we are all used to seeing the police "read a suspect their rights" as soon as they are arrested. This list of rights is known as a defendant's "Miranda rights," which are as follows:

• You have the Constitutional right to remain silent;
• Anything you say can be held against you in the court of law;
• You have the right to legal counsel and that if you cannot afford a lawyer, one will be appointed for you; and
• If you choose, you may have a lawyer present during interrogation.
• The police are required to tell a suspect this list of rights when they plan to conduct a custodial interrogation. A custodial interrogation means that:
• The suspect is in police custody - he or she has been arrested and is not allowed to leave and go home, and
• The police or other law enforcement personnel are interrogating the suspect - they are asking him or her questions.

Even if you are not in circumstances that require police to "read you your rights," you still have your rights and you can still exercise your rights. When you are arrested, or even if police simply suspect you of a crime, it is important to exercise your "right to remain silent" and contact the Columbus, Ohio domestic violence attorneys of Heckert & Associates, Co., L.P.A. to represent you before talking to the police about your case.

What happens in a criminal trial?

At the trial, the prosecutor presents evidence in the form of witness testimony, documentary evidence and demonstrative evidence. Documentary evidence includes documents such as books, deeds, wills, letters and the like. Demonstrative evidence includes all kinds of exhibits, such as photographs of the victim in the case of a homicide, or the gun used in committing a robbery.

Under the Constitutional Bill of Rights, the defendant has the right to present witnesses and other evidence in defense of criminal charges. The defendant also has the right to "confront" or cross-examine the witnesses brought forward by the prosecution. The judge "charges" the jury by giving the jurors instruction on the law once the prosecutor finishes submitting the evidence. Both the prosecutor and the criminal defense attorney then sum up their arguments to the jury (closing arguments), based on the facts presented and the applicable law. The order in which these presentations happen varies from court to court.

What is a felony?

Felonies are considered the most serious types of crimes, and each state has different punishments for these offenses. A standard definition of a felony is any crime punishable by more than one year in prison or by death for capital offenses like first-degree murder. Unlike misdemeanors, defendants convicted of felonies serve their sentences in a state or federal prison rather than a local, city or county jail. Additional criminal procedures apply with felonies, and the right to a court-appointed lawyer if the defendant can't afford one is one of the rights guaranteed in felony cases. Also, whether or not the defendant has to appear in court for various parts of the criminal justice process also depends on whether or not he or she is being charged with a felony.

A person convicted of a felony will usually have more restrictions on their rights (collateral consequences) than a person convicted of a misdemeanor. For example, in many jurisdictions, convicted felons cannot serve on juries. They may also lose their right to vote or to practice certain professions, such as lawyer or teacher. Felons may also be prohibited from owning guns or serving in the military, and they may also have to register as an offender (e.g., sex offender, narcotics offender).

Can I Challenge The Results Of a Drunk Driving Breath Test?

The validity of breath testing rests upon a vast array of assumptions that can be attacked by an experienced OVI and DUI defense attorney in a wide variety of cases, beginning with challenges to the following common assumptions:

1. Assumption: The machine is in proper working order and has been properly calibrated.

Even if everything is in proper working condition, there can be an acceptable variation of +/- 0.02%. If your result is a 0.10%, that's a 20% error factor. How would you feel if the altimeter of an airplane was 20% off?

2. Assumption: The sample was properly obtained.

The law requires that you be under continuous observation for 15 minutes prior to your breath test to prevent "mouth alcohol." If the operator of the breath device did not have you under continuous observation for 15 minutes prior to testing, your test may be invalid. Even if you were observed, you may still have medical conditions that may make you an improper candidate for breath testing.These conditions include common ailments such as heartburn and gum disease.

3. Assumption: The sample was obtained after defendant absorbed all the alcohol.

Breath testing assumes that the subject is post absorptive.This is important because the machine is calibrated to multiply the breath result by 2100 to calculate your blood alcohol level. If you were still absorbing alcohol, this would tend to significantly over report your true blood levels.

4. Assumption: The temperature of the defendant's breath was 34 degrees centigrade.

State of the art breath testing equipment actually measures the temperature of your breath and will subtract any false high result due to elevated breath temperature. Studies done with breath testing equipment establish that the real average breath temperature for arrestees in DUI cases is closer to 35.5 with readings actually over 37. This alone would cause a false high of between 10 to 20%.

If you are charged with OVI or DUI and the police had you submit to a breath alcohol test, call the experienced Ohio OVI defense lawyers of Heckert & Associates, Co., L.P.A. now.

Take Action to Protect Your Rights:

If you or a loved one has been arrested or charged with a criminal case in the courts of Franklin County, Delaware County, Licking County, Morrow County, Fairfield County, Knox County or within the surrounding cities and counties of Ohio, and you need the help of an experienced criminal defense lawyer, call Heckert & Associates, Co., L.P.A. today at (866) 641-9975, or complete the contact form provided on this site to begin your free consultation.

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