Cincinnati Criminal Defense Lawyer

Common Defenses to Criminal Charges in Cincinnati

Depending on the circumstances of your case, our firm will leverage several strategies to build a defense that’s as strong and impenetrable as a fortress.

The following are some common defenses used to defend people in criminal cases.

• Lack of Evidence: The prosecutor has the burden of proving beyond a reasonable doubt that the defendant is guilty of the crime. A defense attorney’s job is to hold the state to its burden of proof by actively identifying inconsistencies in the prosecutor’s case and creating reasonable doubt.
• Actual Innocence: This defense involves claiming that the defendant is innocent of the charges against them. Each crime has elements that must be met. If even one element is missing, you can be found not guilty. This defense could occur in virtually any criminal case.
• Authorization or Consent: This defense applies in certain criminal cases where the offense involves an act that happens against another person’s will or without their consent. For example, the attorney could present evidence that an alleged sex crime was actually consensual or that an alleged financial crime occurred with the proper authorization.
• Constitutional Violations: The Fourth Amendment of the U.S. Constitution provides strict limitations on how the police carry out searches and seizures. Law enforcement officers need probable cause to conduct a search or an arrest. If the police cannot prove they had reasonable suspicion or probable cause, the court could rule that those searches, seizures, or traffic stops are illegal. If your attorney determines the police searched you illegally, we would file a motion to exclude all of the evidence resulting from the unlawful search.
• Insanity: This defense involves admitting guilt but blaming insanity for committing the crime. It is an affirmative defense, meaning that the burden of proof rests on the defendant. This defense could see the defendant institutionalized if it is successful.
• Duress: This defense involves committing a criminal act due to threats of force or violence from another person. You are typically not criminally liable if you are forced to commit a crime. While duress generally involves threats of violence, duress could also be the threat of exposing embarrassing personal information or causing financial harm.
• Self-Defense or Defense of Others: Defending yourself from a violent attack is one of the most common defenses involving any violent crime, including assault or murder. You are allowed to defend yourself when threatened with violence or when you are attacked, although your belief that you are in danger must be reasonable.
• Statute of Limitations: The statute of limitations is the deadline by which the state must file criminal charges. If the statute of limitation expires, the state cannot file that particular criminal charge against you. The statute of limitations varies depending on the crime.
• Speedy Trial: Under the Sixth Amendment of the U.S. Constitution, you have the right to face trial without long, unnecessary delays. Typically, more than one year delay is enough to trigger a speedy trial violation. 

Your defenses will depend on the specific circumstances of the case and the evidence presented. Start building your defense by contacting the Cincinnati criminal defense law firm of Patituce & Associates today.

What to Do After You Are Arrested in Ohio

After an arrest, taking certain steps to protect your rights and increase your chances of obtaining the best possible outcome is important.

Stay Calm and Know Your Rights

First, avoid the use of force, as resisting arrest can lead to additional charges and potential injuries. Instead, fight the charges in court rather than on the street.

Once you’ve been arrested, you will be searched by the police, and any contraband or evidence will be seized, including your phone. Your photograph and fingerprints will also be taken, and there will be a record of the arrest.

Every person who is arrested and questioned by police must be informed of their rights to remain silent and to have an attorney present.

In these situations, do not say anything to the police or investigators and invoke your rights as soon as possible. It is usually best to say, “I wish to remain silent, and I would like to talk to a lawyer.”

After invoking your rights, remain quiet, as even seemingly innocuous statements can be used against you in court.

Prepare to Speak to Your Attorney

You are entitled to a phone call after an arrest. Memorize the numbers of a few people to call in case of arrest, as the police may not let you use your cell phone to make calls.

Keep in mind that many calls made from a police station or jail are recorded, except for those to your lawyer, so be mindful of everything that you say.

Overall, the key to handling an arrest is to stay calm, invoke your rights, and seek legal representation as soon as possible.

A criminal defense attorney in Cincinnati from Patituce & Associates, LLC can help guide you through the process and protect your rights during each stage of your case.