Adrian King Law Office, LLC | 36 N. Detroit, Suite 104 Xenia, Ohio 45385 | Phone: 937.372.1200 / 877.372.1202

Frequently Asked Questions about Criminal Defense Law in Ohio

Q. What is the difference between a capital offense and a federal crime?
A. A federal crime is a criminal offense that breaks a federal law or statute whereas a capital offense is an offense that is punishable by the imposition of the death penalty. A federal crime may or may not be punishable by the imposition of the death penalty.

Q. What is the difference between a felony and a misdemeanor?
A. A misdemeanor is a less serious crime (like petty theft) that is usually punishable by fine, penalty, short prison sentence (less than 12 months) or probation. A felony is a very serious crime that is punishable by a prison sentence of a year or more.

Q. What is the difference between a corporate crime and a white collar crime?
A. A corporate crime is a crime committed by either by a corporate body or its representatives. Corporate crimes are generally white collar in that they are not violent in nature, but instead involve dishonesty or misrepresentation in corporate matters.

Q. Is a crime of passion similar to a premeditated crime?
A. Crimes of passion are unplanned crimes that are a direct result of an unexpected and stressful situation. Premeditated crimes are planned and thought out ahead of time.

Q. What is the difference between rape and sexual assault?
A. Rape is the act of forceful intercourse with an unwilling partner. Sexual assault includes other types of non-consensual sexual activities such as molestation.

Q. How are different drug offenses classified?
A. Drugs are classified by federal guidelines and punishment is determined based on the classification of the drug involved in the crime. There are forty three base offense levels for drug related crimes, and levels can be added or subtracted depending on the details of the case. Sentencing is harsher on higher level offenses.

Q. Is drinking and driving illegal?
A. If the alcohol you consume results in your blood alcohol level exceeding the content limit allowable by law, a jury may find you guilty of drunk driving. The amount of alcohol you can consume before exceeding the legal limit will vary from person to person.

Q. Can my home be searched without a warrant?
A. If you allow a police officer into your home and consent to a search, then the police officer may conduct the search without a warrant. Anything found or collected during the search can be used against you if your case goes to trial. If you do not consent to a search of your home, then a police officer must show probable cause to a judge in order to obtain a warrant granting them permission to search your home without your consent.

Q. Is it legal for police officers to use force when arresting a suspect?
A. Police officers are permitted to use “necessary” force when making an arrest. The force should be limited to reasonable force used only to facilitate the arrest. Assault is not permitted.

Q. What is probation?
A. Probation is a sentence that is served outside of prison. When sentenced to probation, a person may be restricted to stay near their home, they may be required to wear an ankle bracelet that monitors their location, and they will need to meet with their probation officer weekly or monthly.


 

Ohio Criminal Defense Law

If you are arrested in Ohio, by law there must be probable cause—a reasonable belief that a crime has been committed and that you committed or were involved with the crime.  If you are arrested, remember Constitutional rights protect you.  Under the U. S. Supreme Court’s Miranda Ruling, you have the right to remain silent and the right to have an attorney present during questioning.

Under Miranda, if you are unable to afford an attorney one must be provided.  In Ohio, this is usually a court appointed public defender chosen by the court—not by you.  For the best understanding of your unique circumstances and the charges against you, best to turn to a knowledgeable criminal defense lawyer, such as Adrian King, whose resources and expertise may be the key element to winning your case.

Adrian King can walk you through the complicated procedures following your arrest while using his investigative prowess to fight against the criminal accusations you face.  From arraignment and plea and throughout your trial, Mr. King will work on your behalf to have charges reduced or completely dropped.

Adrian King Law Office, LLC has defended clients in criminal actions, including:

 
•    Major felonies
•    Murder
•    Homicide
•    Sex offenses
•    Drug offenses
•    Drug possession
•    Drug trafficking
•    White-collar crimes
•    Fraud
•    Embezzlement
•    Healthcare fraud
•    Medicare/Medicaid fraud
•    Insurance fraud
•    Tax evasion
•    Identity theft
•    Assault and battery
•    Burglary
•    Robbery
•    Theft
•    Arson
•    Driving under the influence (DUI)
•    Trespass
•    Vandalism
•    Other violations
 
If you or a loved one has been arrested and formally charged locally in Xenia, OH or anywhere in Ohio and Kentucky, use our firm’s resources to defend your case.  Contact us today to set up an appointment or come in for a free initial consultation.

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LexisNexis: Martindale-Hubbell

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