Criminal Defense Attorneys, Rion, Rion & Rion

What Are My Rights If I Am Arrested?

If you are in police custody, knowing your rights may make the difference between jail time and walking away free. This informative video explains the legal protections that are afforded to you in the event of an arrest.

The first thing to remember is that you have the right to remain silent during all post-arrest interrogations. You also retain the right to have an attorney present during formal police questioning. With the advice of counsel, you are less likely to make unintentionally self-incriminating statements. Finally, you have the right to hear about all the charges against you in a formal arraignment. 

Rion, Rion & Rion is a criminal defense law firm serving Ohio since 1938. Our criminal defense lawyers know the ins and outs of state, federal, and local law, and can help devise a favorable legal strategy for your case. Schedule a consultation at our Dayton office by calling (937) 999-2316 today. 

A Guide to Ohio's Repeat OVI Penalties

If you or a loved one were pulled over by a police officer while operating a vehicle under the influence of alcohol for a second or third time, you may be treading on volatile legal ground. One wrong move and you may lose your license or even end up in prison for a lengthy period of time. This is why it is important to consult a criminal defense attorney as soon as you are charged. Read on for a useful guide to Ohio’s Repeat OVI penalties.

Misdemeanor OVI
Depending on the circumstances of the arrest, Ohio considers a second and third OVI to be a misdemeanor in the eyes of the law. If convicted of these crimes, an individual will not be barred from voting or certain employment. However, a second OVI in six years carries a minimum jail sentence of 10 days and a maximum of six months. Meanwhile, a third OVI conviction requires a minimum of 30 days in jail, with the maximum reaching all the way to one year. These consequences are in addition to fines and penalties with the DMV that include vehicle immobilization and mandatory yellow license plates.

Felony OVI
A fourth conviction for driving under the influence in six years, or a sixth conviction in 20 years, is designated as a felony. This charge carries a mandatory minimum 60-day prison sentence, with the judge able to order as much as 30 months’ incarceration for the offense in question. A felony conviction can spell negative consequences for your career and civic life. You may lose your right to vote and your criminal history will be marred with a felony conviction. For this reason, it is essential to consult a criminal defense attorney as soon as possible.

If you’re looking for a law firm with years of experience helping Ohio drivers minimize the consequences of an OVI charge, look no further than Rion, Rion & Rion. Our defense attorneys understand how to use state laws to your best advantage. Call (937) 999-2316 today to schedule a free consultation with a member of our staff and to learn how our firm can help you make this criminal charge go away. 

What is Implied Consent?

When you partake in certain activities, you give the government the right to regulate your conduct in exchange for certain privileges. For instance, driving on public roads and receiving a driver’s license signals your intent to comply with state highway laws.

This legal theory is known as implied consent, and it is most commonly used in drunk driving situations where a driver may plead ignorance of the jurisdiction’s laws. If a driver chooses to drive on public roadways, he or she consents to the possibility that a law enforcement official may pull the driver over to check for sobriety. However, this does not mean that the police officer’s case is ironclad, or even that the driver is guilty of driving with a BAC over the legal limit.

The best way to deal with a DUI/OVI charge is to consult a criminal defense attorney in your area. Laws vary from state to state, so Ohio residents should call (937) 999-2316 to speak with one of the lawyers at the office of Rion, Rion, & Rion. We know state and local law inside and out, so contact us today to see if we can devise a defense strategy to help you mitigate the fallout from this mistake.

When Do Police Need a Search Warrant?

When law enforcement officials want to search your home, car, or personal possessions, they must ask a judge to issue a search warrant in order to look through your belongings for evidence of a crime. However, many individuals make the search process easier for police by simply consenting to a search. Here are some of the situations in which police must obtain a search warrant.

Reasonable Expectation of Privacy

The Bill of Rights protects citizens’ privacy against police overreach. As a result, any place where you could have a reasonable expectation of privacy is subject to increased protections. This includes your home, a locked glove compartment, cell phone, and the locked trunk of a car. Law enforcement officers cannot enter your home without a warrant, nor can they attach a GPS device to your vehicle without prior magistrate approval. When police show up to your home asking to step inside, you have the right to ask them to come back with a warrant.

Lack of Consent

One of the most common ways that police avoid getting a warrant is by simply asking a defendant’s consent to search his or her possessions. If you have not been arrested, it is important to know that you have the right to refuse a search of your body, home, car, or other possessions. However, once police place someone in custody, they may choose to perform a number of searches and seizures incident to that arrest. When in doubt, it is in your best interest to ask the police to come back with a warrant rather than granting them access to your protected spaces.

Any evidence obtained during the course of an improper or illegal search is not admissible in court. If you believe that the police found damaging items during an illegal search, consult a local attorney to see if that evidence can be thrown out. The Ohio-based criminal defense law firm of Rion, Rion & Rion has been helping defendants with warrantless searches for decades. Call (937) 999-2316 to schedule a free, no-obligation appointment with our skilled team today.

A Basic Guide to Pleas in a Criminal Trial

Whenever a defendant is charged with a crime in federal, state, or city court, he or she has a choice of which way to plead. The three choices are: guilty, not guilty, or nolo contendere. Your specific city, state, or local jurisdiction may differ from these three, so it is important to consult a local criminal defense attorney whenever you are facing any type of criminal charges. This is a basic guide to different types of pleas in a criminal trial.

Guilty

If someone pleads guilty to committing a crime or infraction, he or she is admitting to committing the crime underlying the charge. However, this plea may prevent you from having to explain your version of events in court. A guilty plea is different than a guilty verdict, in that you may be able to receive a more favorable disposition from the prosecutor in exchange for this admission.

Not Guilty

The converse of a guilty plea is asserting your innocence from the crime in question. After entering this plea, the criminal case will move forward and you will be tried before a judge and jury of your peers. Even if you have committed the crime, a not guilty plea may offer you valuable time to work out a favorable plea with the prosecutor at a later time.

Nolo Contendere

A third option that may not be available in all jurisdictions is nolo contendere. Entering this plea means pleading no contest to a certain infraction or crime. A defendant who pleads this way will still be subject to the fines and punishment associated with the underlying violation, but this plea cannot be used against him or her in subsequent trials. This can be strategically important if the defendant may face both a civil and criminal suit for a particular criminal act.

If you live in Ohio and need help with a federal, state, or local criminal charge, contact the skilled legal team at Rion, Rion & Rion. Our Dayton-based firm has been helping local residents head favorable plea agreements for more than seven decades. Call our office today at (937) 999-2316 to see how we can mitigate the effects of your charges.