No, a dismissed charge does not mean you have a criminal record. But, you definitely want to get that dismissed case expunged. You will need to file a formal motion with the court to do that. Any local criminal defense lawyer should be able to help you with that for a nominal fee. Should not cost that much to get it accomplished, based on the facts presented. Feel free to call me for a referrral to an attorney in your area.
Attorney Mark A. Deters
Deters Law LLC
Your wife can expect a total backlash if the Media gets a hold of this. Hopefully, no one finds out in the news, so that your family is not made a mockery in the media. But, your wife can expect to get hammered by both the Prosecutor and the Judge. WHY? Because (1) your 9-yr. old was in the car; (2) the BAC was .289; and (3) she has a previous DUI.
You need to get in touch with a DUI Defense Attorney IMMEDIATELY!
One of the best things you could do for your wife right now is to get...
Clarify something for me so I can better answer your question. The way I read your question, it sounds as if your Son was convicted of a Felony for HAVING THE GUN, while OVI? Not that he was arrested for a Felony OVI?
If that is the case, then HB86 MAY be able to HELP HIM! IF (a BIG IF), he was charged with a Felony Improper Transport of a Firearm because he was OVI and had a gun.
As the previous posts from the other learned Counsel indicated, HB86 does not NECESSARILY help him, if...
If you've never been arrested for anything before. YOU NEED TO TALK TO AN OVI DEFENSE ATTORNEY! Depending on your circumstances in life, you may not be able to afford TO NOT hire an OVI DEFENSE ATTORNEY! THERE ARE MANY COLLATERAL CONSEQUENCES OF AN OVI. IN COLUMBUS, YOU HAVE MANY GOOD OVI DEFENSE ATTORNEYS TO CHOOSE FROM! Feel free to contact me for a referral. Its worth at least a consultation over the phone with one or two. Who knows. You may be able to work something out. AND, it...
You will need to file a Motion for Exgungement in the court where you were convicted. They are not difficult, if they go uncontested. Just because the statutory amount of time has passed, does not mean that the prosecutor will not oppose an expungement, or that the Judge will guaranteed grant it. A Criminal Defense Attorney can help you with something like this. It generally does not cost that much money to have an attorney handle it for you. Feel free to call me for a referral to a...
Do you have an OVI Attorney helping you already? If so, WHY ARE YOU ON HERE SECOND-GUESSING HIM/HER?
But, yes, there are many reasons why an OVI can get reduced, dismissed, or found not-guilty. One of the defenses could be related to prior trauma, such as prior head trauma.
Mark A. Deters, Esq.
PENICK & DETERS
1800 Lyons Rd.
Dayton, Ohio 45458
(937) 434-7100– tel.
(937) 434-4155 – fax.
(419) 466-8925 – cell.
In this type of case, the last thing you want to do is plead guilty and pay a fine. Although this would be a misdemeanor possession of marijuana and the fine imposed on you would be around $150, there are severe collateral consequences that often follow a conviction of misdemeanor marijuana possession.
Some of these collateral consequences or penalties can include automatic driver’s license suspension, ineligibility to academic financial aid, not being able to possess a firearm,...
You should contact a Criminal Defense Attorney IMMEDIATELY. What you could receive is 6 mos in jail. Is that likely? Depends on a number of things, not the least of which is your Criminal Record, the facts of the case, what was stolen, how you reacted, were you cooperative, etc.
You should meet with a Criminal Defense Attorney so that you can discuss your options further, and find out defenses you may have. Moreover, there may be options for you, including diversion programs, etc.
If you have a good DUI Defense Attorney, you should be asking him/her these questions. If you do not think you have a good lawyer, and are concerned about pleading guilty, then you should seek alternate advice.
Have you spoken with your retained lawyer recently?
Your options may be to go to trial, and if you lost, to appeal the Judge's pre-trial decisions. But, you will lose your right to appeal the Judge's pre-trial decisions if you plead guilty!
But, again, speak with your lawyer!...