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Columbus Ohio DUI Lawyer:
FREQUENTLY ASKED QUESTIONS



Question: Can you tell me what are my Miranda Rights?

Answer: When a police officer arrests a person and starts to ask them questions about a crime, the police officer must first advise this person of their Constitutional rights.In most cases, the advisement is this:

  1. You have the right to remain silent.
  2. Anything you say can and will be used against you in a court of law.
  3. You have the right to be advised by an attorney before answering any questions.
  4. if you desire an attorney and cannot afford one, one will be appointed for you free of charge.


Question: Will my case be dismissed because I was not read my rights?

Answer: More than likely not. If you were interrogated after being placed in custody and not given your Miranda Rights, your statements can not be used against you in a court of law.
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Question: What rights do I have if arrested?

Answer:
  1. You will have the right to enter a not guilty plea and have a trial either to the court or to a jury of six within six months of your arrest.
  2. You will have a right to be represented by your lawyer throughout the trial and at all proceedings leading up to the trial.
  3. If you do not have meand to pay for or hire a lawyer, you have the right to ask the court to appoint one for you without cost to you.
  4. You are presumed innocent of the charges pending against you, and the presumption of innocence will remain with you throughout your trial until the prosecution successfully presents evidence to prove that you are guilty beyond a reasonable doubt.
  5. At your trial you have the right to confront all witnesses called to testify against you and also to cross-examine those witnesses.
  6. You will have the right to present evidence in defense of yourself and to obtain the attendance of witnesses by subpoenas issued by the Clerk of the Court.
  7. You will have the right to remain silent or testify in your own defense at your trial. If you do choose to remain silent, this cannot be used against you.

After your trial is over, if need be, you will still have the right to appeal your case to a higher Court to review the judgment of the Court.


Question: Do you answer your phone 24 hours a day?

Answer: During our off hours, our phone number is monitored by a call answering service and in case you need a Columbus Ohio DUI lawyer immediately, that request if forwarded to us immediately!


Question: Will my case be dismissed because I was not read my rights?

Answer: More than likely not. If you were interrogated after being placed in custody and not given your Miranda Rights, your statements can not be used against you in a court of law.


Question: If convicted, will I go to jail?

Answer: On a first offense, more than likely not. Unfortunately, on second or later offenses, it becomes more and more probable, but an experienced attorney may be able to keep you from serving jail time.

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