It can be demanding and stressful to navigate the complexities of criminal charges in Ohio.
The uncertainty surrounding the outcome, the probable consequences of a conviction, and the cumbersome experience of exonerating your name can be a strenuous task riddled with challenges.
Hiring an experienced defense lawyer could be the best way to fight the criminal charges against you. They are also helpful in reducing the severity of the punishments that may be awarded. Similar to other states, Ohio has its own criminal law structure. In Canton, Ohio, a crime classified as a misdemeanor of the first degree can have a different classification and punishment compared to Chicago or San Francisco.
Ohio’s laws are still governed by federal law, though. In the end, the US Supreme Court determines whether a state statute is lawful or not. In Ohio, the nature of crimes can be classified as follows (from most severe to least severe):
- Felonies: Aggravated murder, murder, first-, second-, third-, fourth-, and fifth degrees.
- Misdemeanors: First-, second-, third-, fourth-, and fifth-degrees, and minor misdemeanors.
- Unclassified offenses
In this article, we shall look at whether it is possible to get your criminal case dismissed in Ohio.
Yes, You Can
To answer the question, yes, it is possible to get a criminal case dismissed in the state of Ohio. However, this isn’t as easy as it sounds. The accused will require the services of an experienced criminal defense lawyer, as the prosecution is hell-bent on getting them behind bars.
The sections below discuss how a criminal case can be dismissed in Ohio.
Is There Sufficient Evidence?
According to the United States legal system, you are deemed innocent until proven guilty of a crime. Prosecutors must, therefore, provide enough evidence to prove their case that you committed the crime. This evidence should be motivating enough to convince a judge or a grand jury that there’s enough basis to move ahead with the charges.
The case will not last long if there isn’t sufficient evidence to prove your role in the alleged crime.
Illegal Seizures and Searches
If you were the victim of an unauthorized search of your house, yourself, or belongings, the charges against you may be dropped. The police must possess a search warrant or probable cause to search.
Any evidence that the police may have gathered through an unauthorized search will be excluded. Your charges might be dismissed if the prosecutor’s accusation depends on this illegally obtained evidence.
Discretion of the Prosecutor
It could be surprising to know that prosecution attorneys can dismiss a few charges, as described below:
- Minor charges against you might be rejected when weighed against much more serious charges
- People with no prior criminal record or a petty one may have a better chance of having their charges dismissed
- The prosecutor may dismiss the charges if the victim is not willing to testify, citing mental well-being
Civil Rights Violation
You are endowed with certain rights by the US Constitution. If prosecutors and law enforcement officials violate your civil rights, the court may take appropriate action. In the event of a violation of these rights, the judge can exclude particular pieces of evidence from the trial. If the prosecution relied on that evidence, they had no choice but to dismiss the charges.
Errors with the chain of custody
Law enforcement officials and the prosecutor must uphold an appropriate chain of custody to safeguard evidence in a criminal case. If faults are found in the chain of custody, the court may exclude the evidence.
Getting into a Pretrial Diversion Program
Pretrial intervention may be available to you based on the specific charges you are facing. You must fulfill all of the diversion program’s terms and conditions. The state drops the criminal accusations against you if you prevail.
Offering Assistance in a Different Case
If you hold valuable information about a much more important case or are willing to help solve other crimes, the prosecutor may drop the charges against you. If you’re dealing with a case that involves international legal action, understanding the process of an Interpol international arrest warrant is crucial to avoid complications.
This is a common scenario in drug cases. Before disclosing any information, make sure that you speak with an expert criminal defense attorney about the situation.
