Dayton Criminal Defense Lawyer

Hiring a Dayton criminal defense lawyer is crucial if you have been charged with a crime. The criminal justice system in the United States was developed around the rights of the criminal defendant. To protect those accused of crimes, the founding fathers included a number of rights that are guaranteed by the United States and Ohio Constitutions.

The criminal justice system in the United States was developed around the rights of the criminal defendant. To protect those accused of crimes, the founding fathers included a number of rights that are guaranteed by the United States and Ohio Constitutions. These rights include, but are not limited to: the right to remain silent in order to avoid self-incrimination; the right not to be a witness against yourself; the right to competent legal representation; the right to reasonable bail while your case is pending; the right to a fair, public, and speedy trial; the right to be informed of the charges against you; the right to be confronted with the witnesses against you; and the right to compulsory process so that you can gather witnesses of your own and compel their attendance at trial.

One of the most fundamental aspects of our criminal justice system is that a criminal defendant is presumed innocent until proven guilty in a court of law. This means the prosecutor has the burden of proving the crimes alleged against you beyond a reasonable doubt. Further, you have the right to have the case tried to a jury of your peers, and the jury must unanimously find you guilty before you will be found guilty.

A Broken System

In theory, this is a great system and one of the best in the world. However, it also has numerous shortcomings. One of the toughest challenges a defendant faces when charged with a crime is the inequity of resources between the State of Ohio and the defendant. The prosecuting attorney and police departments have virtually unlimited resources at their disposal when prosecuting a case. When you consider all of the investigators, technology, equipment, databases, lobbying power, and the sheer quantity of manpower a defendant is up against, you can visualize the scales of justice tipping in the state’s favor.

That is one reason you need an experienced criminal defense attorney to handle you or your loved one’s case. Jeremiah Denslow is an aggressive criminal defense attorney located in Dayton Ohio. He handles cases in Cincinnati, Columbus, and all surrounding suburbs as well. As a former Montgomery County Assistant Prosecuting Attorney and current member of the Ohio Association of Criminal Defense Lawyers, criminal defense lawyer Jeremiah Denslow has the unique knowledge needed to balance the scales of justice in your favor.

Building a Case: The Police Investigation

Another serious obstacle that criminal defendants face is the way in which a case is processed and evidence gathered. The case typically begins with an act, whether criminal or innocuous, that leads somebody to call the police. The police generally respond to the area where the activity was reported, and when they arrive, they quickly develop their theory of the case. The police often make extremely important decisions very quickly, including whether a law was broken, and if so, who they believe broke it. Once the police have a suspect, they begin building a case against that suspect by interviewing witnesses, taking pictures of the area, and generally gathering evidence that can be used against the suspect at trial.

It is important to realize that once the police officers have a suspect, they are not necessarily neutral witnesses. Their goal is to solve crime, and if they are able to convict you or your loved one, that’s one less “criminal” on the street—at least in theory. Therefore, if you or your loved one becomes a suspect in a police investigation, be wary. The police want that conviction and you are emerging as the easiest prey. Even if evidence exists that would support your innocence, the evidence is often overlooked or ignored entirely if the police officers don’t believe it helps their case.

After the police conclude the first portion of investigation, they may submit certain pieces of evidence, such as a firearm, to the Crime Lab for testing and a forensic report. In addition, at a this point in the investigation, the suspect is often arrested and held in jail until a later time when they will be interviewed by the case detective. The individual officers then draft an incident report that is written in such a way that the reader would reach but one conclusion—the suspect is guilty. Soon after the officer drafts a report, the investigation is turned over to the case detective.

The Detective’s Role in the Investigation

A detective is soon assigned to the case and his first step is to review the report generated by the responding officers. If the detective feels there are holes in the case, or incomplete information, he often interviews witnesses a second time, finds additional witnesses and gathers further evidence. Another responsibility generally left to the detective is the infamous suspect interview. Most police officers and detectives have extensive training in how to obtain a confession or admission from a suspect. Many times, police tell the suspect that things will be easier for them if they confess. Other times, police correctly inform a suspect that the decision to keep a suspect locked up in jail or release him rests solely with the case detective. If the suspect cooperates with the detective, the suspect will typically be released at the end of the interview. However, if the suspect refuses to cooperate with the detective, he will most likely spend a few days in jail waiting for bond to be set by the court.

Needless to say, when given the choice between going home and going to jail, even the most hardened criminal defendants seem to talk like schoolgirls. Even if the suspect doesn’t confess to the crime with which he has been charged, any inconsistency in his story can, and will, eventually be used against him. It is important to note that you and your loved ones have a constitutionally protected right not to answer a detective’s questions. If you choose not to talk, that fact cannot be used against you at trial.

The Prosecuting Attorney

At some point, the detective will meet with the prosecuting attorney’s office, and give the prosecutor a brief summary of the case. The prosecutor then decides whether there is enough evidence to charge a suspect with a crime, and if so, with which crime to charge him. If the prosecuting attorney’s office decides to accept charges, the case will be assigned to an assistant prosecuting attorney who will further investigate the case. A smart prosecutor will review the file as if the case is going to trial, and if he thinks there are holes in the case, he will send his private investigator to talk to additional witnesses and gather additional evidence to bolster the case. The assistant prosecutor then schedules meetings with the witnesses to talk to them personally and develop their testimony should the case go to trial.

In felony cases, the prosecutor then presents the case to the grand jury. The grand jury is another “safeguard” implemented by the founding fathers that was meant to protect citizens from unjust prosecution. However, in modern times, the grand jury has fallen under the complete control of the prosecuting attorney’s office, and suspects have no opportunity to present their own evidence or even challenge the prosecutor’s evidence. Intended to serve as a check on prosecutors, the opportunity it presents prosecutors to compel testimony further helps them in building up the case they will eventually present against a defendant at trial. Most lawyers practicing criminal law understand that the grand jury rarely acts in a manner contrary to the wishes of the prosecutor. The Honorable Sol Wachtler, the former Chief Judge of New York, was famously quoted as saying that a prosecutor could persuade a grand jury to "indict a ham sandwich."

The Defense Attorney

All this typically takes place before a defendant has even had an opportunity to hire an attorney or have one assigned by the court in which he is charged. By the time a defense attorney gets involved in a case, the crime scene is stale, evidence in your favor is lost forever, the witnesses against you have rehearsed their story with law enforcement, and the state’s case is fully loaded and ready to proceed to trial. Does that sound like a fair system to you? Unfortunately, the scales are clearly balanced inequitably in the state’s favor. The sooner you realize this fact, the better off you or your loved one will be.

Despite the intentions of the founding fathers, the deck is stacked against the criminal defendant. That’s why it is absolutely imperative to hire an experienced criminal defense lawyer to assist in your case. A good defense attorney knows how to balance the scales of justice to protect you or your loved one. If you are charged with a crime, be it a misdemeanor or felony, immediately consult with Dayton Ohio criminal defense attorney, Jeremiah Denslow. He handles cases in the surrounding suburbs as well, including Miamisburg, Kettering, Fairborn, Xenia, Huber Heights, Trotwood, Centerville, West Carrollton, Yellow Springs, Tipp City, Troy, Clayton, and Englewood. By hiring an aggressive criminal defense lawyer at your earliest opportunity, you will put yourself in the best possible position to win your case, or resolve it in the optimal manner.

What should I do if I have been arrested?

If you have been arrested in Ohio, answer all questions about your identification-- such as name, address, and birth date-- truthfully. While you have the right to refrain from answering self-incriminating questions, lying is never a good idea. Giving officers a hard time during the arrest process is also not very beneficial. It usually just makes things tougher on you.

What should I do if I get a call that a loved one has been arrested?

Try to gather as much information as possible about the arrest and write it down. The following questions may be useful: What are the name, birth date, and social security number of the arrested person? With what crime was he charged? What law enforcement agency made the arrest? In what court is his case pending? Where is the arrested person being held? Has bail been set and, if so, what is the amount? Has the person been arraigned by video or in person? Has a Court date been set?

How do I get out of jail after an arrest?

If bail has been set, the only way to get the person out of jail is to pay the bond for his/her release. A bail bond is like insurance; it means that the defendant agrees to appear at all subsequent legal proceedings. Failure to do so can result in forfeiture of the bond, the issuance of an arrest warrant, and the loss of subsequent bail privileges. In Ohio, criminal defense attorneys can request a recognizance bond, which is essentially a promise that the person will show up to subsequent court dates. Courts often grant these requests when the individual is charged with a low level-crime or has a minimal criminal history. A recognizance bond can be requested at the arraignment, first court appearance, or anytime thereafter.

Why should I hire a criminal defense attorney?

The importance of competent legal representation is so great that the Constitution guarantees every criminal defendant the right to an attorney. A criminal attorney is your best asset after being charged with a crime. This expert knows the laws and court's customs relevant to your case, and can apply this knowledge to protect and maximize your legal interests. No matter what your legal situation, a criminal attorney will help you more than you could help yourself by going it alone. In Dayton Ohio and surrounding communities, criminal defense lawyer Jeremiah Denslow has been practicing in local courts for many years with excellent results.

If you do not have the money to hire a lawyer, the court will appoint someone to represent you for “free.” What most people don’t know is that free attorneys aren’t really free. Courts are permitted to charge criminal defendants for attorney fees if they enter a guilty plea, or otherwise lose their case. In such a scenario, the defendant will end up paying for the “free attorney” when the court assesses financial sanctions on the defendant in the form of attorney fees.

In addition, if you ask the court for a free attorney, you have no idea whether that particular attorney is any good. There are many smart, knowledgeable attorneys who work at the public defenders office or take appointed work. However, if you choose not to hire your own attorney, you’re allowing the court to pick who will represent you. While you could get the cream of the crop, you could just as easily get the guy who just passed the bar examination and has yet to try his first case. Because the stakes are so high, the last thing you want is an inexperienced or unmotivated attorney representing you in a criminal case. It is important that your lawyer is willing to fight for you.

Going to trial, or pleading guilty, without an experienced criminal defense lawyer on your side, is normally a drastic mistake. Virtually all criminal convictions carry very serious sentences and ramifications that will follow you for the rest of your life. You should seriously consider hiring Dayton defense attorney, Jeremiah Denslow, who will help to resolve the case in your favor. If you want an aggressive, experienced attorney, call Montgomery County Ohio criminal defense attorney, Jeremiah Denslow, today.

As a former Montgomery County assistant prosecuting attorney and current member of the Ohio Association of Criminal Defense Lawyers, Mr. Denslow is well-versed in all aspects of criminal law. His experience will provide you with unique insight that could be the difference between going to jail and getting your case dismissed.

Dayton criminal defense lawyer, Jeremiah Denslow, handles criminal cases in Montgomery County, Greene County, Warren County, Hamilton County, Butler County, Clark County, Franklin County as well as numerous cities within the courts’ jurisdictions, including Dayton, Cincinnati, Columbus, Xenia, Kettering, Miamisburg, Springfield, Fairborn, Beavercreek, Springboro, Lebanon, Hamilton, Huber Heights, Trotwood, Centerville, and West Carrollton.

To learn more information about different types of criminal cases, please click on the following links:

• Traffic Violations
• DUI / DWI / OVI / Drinking and Driving
• Misdemeanors
• Felonies