Federal Charges
Federal Charges
Adam Burke is a Columbus Criminal Defense Attorney and a committed advocate for men and women in need of federal criminal defense in the Federal Court in the Southern District of Ohio.
Burke represents clients facing a variety of federal offenses including:
- White Collar Crime\Columbus Criminal Attorney in Federal Court
- Fraud & Money Laundering
- Ohio Fraud & Financial Crime
- Federal Drug Offenses
- Federal Drug Penalties Introduction
- Possession Penalties
- Conspiracy Penalties
- Trafficking Penalties
- Mistake of Fact Defense
- Columbus Federal Criminal Defense
Federal Court Cases are generally felonies. Most cases begin as investigations by a federal agency such as the FBI, IRS, DEA or SEC.
Many of these investigations begin as civil rather than criminal investigations. In these parallel civil proceedings, many of the protections afforded criminal defendant’s are not available. Because of this, many people incriminate themselves by trying to resolve the civil investigation. If you are the target of any federal investigation, it is important to seek the counsel of a federal criminal defense lawyer.
At some point, the Justice Department may criminally prosecute the investigation may .
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Felony Charges
Columbus Felony Attorney
Of all the choices facing you, none is more important than your choice of attorney. Attorney Adam Burke understands that each case is unique, carrying defenses and penalties specific to your circumstances. He will guide you through the process of a successful criminal defense against felony charges. Call Columbus Criminal Defense Attorney Adam Burke at (614) 280-9122 for your free consultation.
Columbus Felony Charges Defense
Facing felony charges can be a traumatic experience, especially if it is your first time. You must keep calm, remember your rights, and contact a lawyer as soon as you can. A criminal record with felony on it can make it difficult for you to find employment in the future. It is imperative that you contain the damage as much as possible. Follow legal counsel when necessary and understand your case thoroughly.
You may be facing felony charges in state court (which is the most common) or even federal court. If you are convicted of a felony charge, you may go to prison for a significant period of time.
You may also have to pay large fines, depending on the crime you have committed. Even the least severe felony involves a mandatory stay in prison.
By rough federal estimates, some of the most common crimes that lead to felony charges in the country include drug abuse, intoxicated driving, assault, property crime (breaking and entering), larceny, theft, fraud, vandalism, disorderly conduct, burglary, drunkenness, aggravated assault, weapon violations, curfew breaking and loitering, offenses against family and minors, motor vehicle theft, stolen property, forgery, counterfeiting and disorderly conduct, and violent crimes like rape and murder.
If you have been accused of committing any of the crimes given above, you are likely facing a felony charge. Here is a small guide explaining how the state of Ohio views the most common crimes in more detail.
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Misdemeanor Charges
Ohio Misdemeanor Charges and Penalties
Ohio misdemeanor charges generally include the possibility of jail time; however, they are less serious offenses than felonies. Any crime that is a “lesser” criminal offense and incurs less than 1 year in jail as penalty is classified as a misdemeanor. Misdemeanor charges can affect your freedom and your future, so it is a good idea to discuss your case with an excellent Columbus criminal attorney. Contact Attorney Adam Burke at (614) 280-9122 for your free consultation today.
Misdemeanors in Ohio
Misdemeanors are very common in the state (and the rest of the country as well). Some of the most common misdemeanors include:
- petty theft
- trespassing
- disorderly conduct
- speeding
- parking in a reserved-for-the-handicapped space
- driving past Stop signs
- driving under the influence of alcohol (DUI known as OVI in Ohio)
- vandalism
- assault / battery /public fighting
- possession of certain drugs of abuse
- possession of drug paraphernalia
Penalties for Misdemeanors in Ohio
Penalties for misdemeanors include at the most a year in the local jail, as well as fines of up to $1,000, depending on the crime committed. Compared to felonies, there are no lengthy prison sentences involved. You do not stand to lose as much in fines, either. If you are facing misdemeanor charges in Ohio, then you need to understand how state law views the crime you have been accused of committing. This may differ in other states, so check with a local lawyer if you’ve been caught being on property without permission to be sure.
Misdemeanors are relatively minor crimes, so the penalties assigned are less harsh. Misdemeanors are categorized into 5 levels, from the least serious (minor misdemeanors) to the most serious (1st degree misdemeanors). Here is a brief guide to the common misdemeanor crimes committed in the state, followed by the penalties you will face once convicted.
| Misdemeanor Degree | Jail Time (Max) | Fines of Up to |
|---|
| 1st (M1) | 180 days | $1,000 |
| 2nd (M2) | 90 days | $750 |
| 3rd (M3) | 60 days | $500 |
| 4th (M4) | 30 days | $250 |
| Minor (MM) | 0 days | $150 |
Minor misdemeanors are very common, like speeding and going through red lights. Parking in a handicapped space is also considered a minor misdemeanor.
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Drug Charges
Columbus Drug Charges Lawyer
The state of Ohio has enacted strict laws opposing drug abuse of any kind. Ohio has some of the most complex and strict drug laws in effect in the country. If you are facing drug charges in Ohio, you may have a tough legal battle on your hands. Attorney Adam Burke is a committed advocate for men and women facing drug charges in the State of Ohio. Contact Attorney Adam Burke Llc now for your free consultation at (614) 280-9122.
Columbus Drug Charges
Attorney Adam Burke represents clients facing a variety of Ohio drug offenses including:
In Ohio, you can be charged with possession of drug paraphernalia (also known as possession of drug abuse instruments), drug tampering, illegal manufacture of drugs in the state of Ohio, trafficking drugs, and possession of a controlled substance. Depending on the level of the offense, you may be sent to jail or prison for a period of anywhere between 180 days to 10 years for each offense.
You will also have to pay fines ranging between $1,000 and $20,000. Also, almost all drug related convictions result in driver’s license suspension for a period of 6 months to 3 years. Your professional license, if you have one, will also be suspended for a period of time.
Sometimes you may have to face charges from both the state of Ohio as well as the federal government. These cases are typically very challenging and complex.
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Domestic Violence and Assault
Columbus Domestic Violence and Assault Attorney
Ohio considers domestic violence and assault as serious offenses (whether charged as a single offense or as separate crimes). They can carry severe penalties. If you are charged with domestic violence and assault, you should contact a skilled lawyer as soon as possible to best protect your rights. Those convicted of domestic violence or assault in the state of Ohio face a lengthy jail sentence and hefty fines. A conviction can make it difficult to find future employment because a criminal record for an offense of violence will follow you. Contact Attorney Adam Burke today at (614) 280-9122 for your free consultation.
Domestic Violence
Ohio law states that a person commits domestic violence when he or she knowingly:
- Causes or attempts to cause harm to a family member or a household member
- Recklessly causes grave physical harm to a family member or a household member
- By threat of force, causes a family member or household member to believe, that he or she will cause imminent physical harm.
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Ohio DUI
Ohio DUI One Leg Stand
An Ohio DUI or DWI is called an OVI. OVI is short for Operating a Vehicle Under the Influence of Alcohol or Drugs of Abuse. There are two basic types of Ohio DWI / DUI offenses: OVI Per Se and OVI Impaired.
In Ohio, a first-offense OVI means you’re facing a first-degree misdemeanor charge, and conviction could result in mandatory jail time, hefty fines, and a license suspension for up to three years. A fourth-degree OVI could lead to a felony charge, where the penalties and restitution are heightened.
No matter the degree of the charge you’re facing, it’s important to choose a Columbus OVI lawyer who will advocate for your rights and build you a strong case.
Attorney Adam Burke Llc is a criminal defense firm you can trust. We’ll work proactively and efficiently to help you weave through this complex area of law and increase your chances of success.
If you have been charged with Operating a Vehicle Under the Influence of Alcohol or Drugs, contact one of our experienced OVI attorneys in Columbus, Ohio to discuss how to protect your driving privileges and fight the charges against you.
Attorneys Adam Burke is experienced in Ohio DUI/OVI defense, from negation to litigation. Call (614) 280-9122 for a free consultation.
Ohio DUI Quick Facts
The legal limit for alcohol in Ohio is:
Breath Test: .08+ adults | .02 Under 21 | .04 Commercial Drivers
Blood Test: .08%+
Urine Test: .096%+
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Vehicle Searches Laws
Columbus Illegal Search Lawyer
If you are facing criminal charges and you believe the police conducted an illegal search of your vehicle, contact an experienced criminal attorney who will discuss the facts of your case and let you know what your options are. Of course, laws are different in each state so if you’re from Texas, you’ll need to find a criminal lawyer fort worth – criminal defense attorney fort worth. If you’re from Ohio, you will need to contact a Columbus lawyer.
You have probably heard that you have the right to be free of unreasonable searches
If you are like most people, you may not have given this much thought until your vehicle was stopped and searched by the police.
Police CANNOT stop and search your vehicle without a legal basis
Unless the police demonstrate that every step in the process of stopping and searching your vehicle had a legitimate legal basis, any evidence gathered from the search should not be used against you
When Evidence May Be Thrown Out
If the police cannot justify their search of your car for any of the reasons listed in the sections below, then it is an illegal search, unless they obtained a valid warrant.
If the the police search your vehicle without a warrant, with a defective warrant or without a sound legal basis, then it is an illegal search and the court should throw the evidence out.
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Warrants
Warrants in Ohio
To begin, we will broadly cover the definition of warrants.
Included are written commands issued by a recognized judicial authority to an officer of the law to perform actions to uphold justice.
In most cases, warrants are issued to arrest a person suspected of carrying out criminal activities, or to search a person’s premises for illegal goods.
Continue reading for more information regarding the different types of warrants in Ohio.
Columbus Arrest Warrant Lawyer
You can check with the local court if you think a warrant has been issued in your name. It’s best to get the matter settled as soon as possible, because if the crime committed is minor, you are likely to escape with just a small fine.
Even in more serious cases, a judge will often lift an outstanding warrant if your case is handled properly. This process usually involves a hearing with the Judge, Prosecutor and any alleged victims.
Discuss your can with an experience Columbus Arrest Warrant Lawyer. Call now for a Free Consultation: 614-280-9122.
What are the kinds of warrants in Ohio?
Most warrants in Ohio issued are either peace warrants, search warrants or arrest warrants.
- Peace warrants: Peace warrants are warrants that are issued as a preventive measure, that is, to prevent violence against a person or destruction of a person’s property. If you have received a peace warrant, someone believes you are a threat to them or to their property.
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Your Rights After Arrest
Columbus Arrest Rights Attorney
If you think you can talk your way out of a charge, you are probably wrong. The police will use everything you say to them as evidence in a case against you. It is recommended that you do not say anything until after you have talked with your attorney about your case. Whether or not the police respected your rights before, during, and after your arrest will often determine your defense in the case. If the police violated your constitutional rights, some or all of the evidence against you may thrown out and your case may be dismissed. Contact Attorney Adam Burke for a free consultation to discuss your options at (614) 280-9122.
What are the Rights of an Arrested Person?
If you have been arrested in Ohio, you are, like other citizens, protected by Miranda rights. The Miranda rights are based on the Fifth Amendment of the United States Constitution.
Rights During an Arrest
If the police have probable cause to arrest you, they do not need a warrant to do so. It is important to remember that your body movements, mannerisms, and the location of arrest are all being monitored during and after the arrest. Do not resist; if you are handled with excessive force without cause, it is better to wait and file a complaint against the officer after the arrest and after your criminal case is resolved.
You may be searched, and officers are allowed to do so. However, if you are arrested in your home, then the police are only allowed to search the immediate area around you (without a warrant).
If you are arrested after your vehicle is stopped, the police may search your car and take inventory of its contents after you are arrested. Before your arrest, police may not search your car unless there is a clear basis to suspect your car may contain evidence of a crime.
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Indictment & Preliminary Hearing
Stages of Your Felony Case: Preliminary Hearing and Grand Jury Indictment
This page focuses on the Preliminary Hearing and Grand Jury Indictment Stage of felony offense cases. This information is not intended to replace the advice of a qualified defense lawyer.
If you are charged with a felony offense, there will be four stages to your case:
- Initial Charges & Preliminary Hearing
- Grand Jury Indictment
- Pretrial & Trial Phase
- Disposition or Sentencing Phase
Initial Charges and Preliminary Hearing
When you’re charged with a felony offense you will usually be arrested and charged with the felony before you are formally indicted.
For most people this means at least one night in jail and an initial appearance before a judge. At this initial appearance, the Judge will listen to the allegations against you and set a bond (bail) and a preliminary hearing date.
The bond is the amount you must pay to the court or a bondsman for your release. Sometimes the court releases you on your signed promise to return to court, otherwise called a Recognizance Bond.
Also at your initial appearance, the court will schedule date for your preliminary hearing.
A preliminary hearing is a hearing in a felony criminal case. It takes place after you are charged, but before the formal indictment.
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Arraignment Definition
Definition of Arraigned
An arraignment means that you appear in court in front of a judge for the first time. You will be informed of the charges against you, and your plea, whether guilty or otherwise, will be recorded.
What can you expect during arraignment?
Unless you, and your lawyer, decide that you want the reading of the charges against you waived, a magistrate, clerk or a prosecutor of the court will read out your charges to you in court. Then, you will be asked whether you have understood the nature of the charges brought to bear against you.
If your reply is negative, you will be provided an explanation regarding any statute you may have violated (in reference to the complaint).
In some cases, the an arraignment can mean your first appearance in front of a judge. But, in broader terms, an arraignment is your appearance in court, followed by the reading of your offense and a recording of your plea.
If you don’t have a lawyer with you, you will be afforded the opportunity to consult a lawyer.
If the offense you are accused of is bailable, you will be permitted to post bail. The case will continue at a later date to give you time to set up a legal defense. If the offense is not bailable, you will be allowed to call a lawyer for counsel.
In some cases, an attorney in the building where you are will be assigned to you for your defense. You may also be allowed a phone call to arrange bail if you cannot do so at that moment.
You will also be allowed to offer pleas as applicable, namely: guilty, not guilty, a former judgment of conviction or acquittal of the offense, once in jeopardy or not guilty by reason of insanity.
What is the goal of an arraignment?
An arraignment aims to provide you with a general understanding of the charges against you. It aims to arm you with the knowledge to defend yourself to the best of your ability. For the state, it is a chance to record your plea, so that it can proceed with the case accordingly.
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Criminal Jury Trial
Columbus Criminal Jury Trial Lawyer
If you do not wish to have a criminal jury trial, then you are allowed to file a waiver. It is highly recommended that you consult with your lawyer before you do so. Attorney Adam Burke is an experienced Columbus criminal jury trial lawyer. You may discuss your case and your trial options at with Attorney Adam Burke during your free consultation at (614) 280-9122.
Criminal Jury Trial
If you are facing criminal charges in Ohio, you will be given the option of asking for criminal jury trial. A criminal jury trial will not, however, be present in minor misdemeanor cases.
These minor cases include negligent misdemeanors or crimes that carry fines of less than $150, and no jail terms.
In serious criminal cases involving a felony (cases which carry a prison term of 6 months or more, for example), a 12 person group of jurors will be tasked to decide your case.
These jurors are selected at random from the local county voter registration list to prevent bias of any kind. In Ohio, a new list of people eligible to be jurors is compiled each year by the administration.
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Ohio Felony Penalties
Felony Levels: Ohio Felony Penalties
Ohio Felony Penalties are generally based on the level offense.
In Ohio, there are five levels of felony crimes ranging from F1 to F5, with a Level 1 felony charge, such as murder, being the most serious and therefore carrying the most serious penalties. Below is a chart of potential felony penalties.
Because of the serious potential penalties from felony charges, protecting your rights with a Columbus criminal lawyer is essential.
Ohio Felony Penalties Chart
| Degree of Felony | Prison Time | Fines of up to |
|---|
| F1 | 3-11 years | $20,000 |
| F2 | 2-8 years | $15,000 |
| F3 | 1-5 years | $10,000 |
| F4 | 6-18 months | $5,000 |
| F5 | 6-12 months | $2,500 |
What kind of sentence could I receive?
Listed above are the general penalties for Ohio felonies under the current sentencing laws. Remember, there are many ways these penalties can be increased or decreased based on each particular case.
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Federal Criminal Defense
Adam Burke is a Columbus Criminal Defense Attorney and a committed advocate for men and women in need of federal criminal defense in the Federal Court in the Southern District of Ohio.
Burke represents clients facing a variety of federal offenses including:
- White Collar Crime\Columbus Criminal Attorney in Federal Court
- Fraud & Money Laundering
- Ohio Fraud & Financial Crime
- Federal Drug Offenses
- Federal Drug Penalties Introduction
- Possession Penalties
- Conspiracy Penalties
- Trafficking Penalties
- Mistake of Fact Defense
- Columbus Federal Criminal Defense
Federal Court Cases are generally felonies. Most cases begin as investigations by a federal agency such as the FBI, IRS, DEA or SEC.
Many of these investigations begin as civil rather than criminal investigations. In these parallel civil proceedings, many of the protections afforded criminal defendant’s are not available. Because of this, many people incriminate themselves by trying to resolve the civil investigation. If you are the target of any federal investigation, it is important to seek the counsel of a federal criminal defense lawyer.
At some point, the Justice Department may criminally prosecute the investigation may .
As a skilled Columbus Criminal Attorney, Adam Burke will bring his knowledge, passion and trial skills to your case. After speaking with Burke, you will understand the charges against you, and the keys to your defense strategy. Discuss your case with experienced Columbus Criminal Attorney practicing in federal court.
Call us now at
614-280-9122
for a free consultation
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Juvenile Delinquency
Juvenile Delinquency
In Ohio, young people may be charged with juvenile delinquency for a variety of offenses. Although these cases deal with crimes, they are considered civil rather than criminal proceedings.
Most children and young people at some point break the law in one way or another. This could be a minor theft, a curfew violation, or underage consumption of alcohol.
Generally, the court system recognizes that children and teenagers will have errors in judgment and often lack the capacity to the recognize the consequences of their actions.
Because of this, the juvenile court system is focused primarily on behavioral modification and minimizing the young person’s contact with the court system.
Attorney Adam Burke Llc — Juvenile Delinquency Attorney
If your son or daughter has been charged with juvenile delinquency, it is important to hire an experienced attorney that will make every effort to avoid severe consequences. Contact Columbus Juvenile Delinquency Defense Lawyer Attorney Adam Burke now for your free consultation at (614) 280-9122.
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Traffic & License Charges
Columbus Driving on a Suspended License Lawyer
If you are caught driving on a suspended license in Ohio, you will be charged with Driving Under Suspension (DUS). This is a first-degree misdemeanor offense. An experienced criminal attorney can make a real difference in the outcome of this case and can help you find the best possible outcome for your situation. Contact Attorney Adam Burke today for a free consultation at (614) 280-9122.
Driving on a Suspended License
Driving on a suspended license means you were driving while your license is suspended through the Ohio Bureau of Motor Vehicles (BMV). This is different than if you have never had a license or if your license expired. If you are caught driving without a valid driver’s license, you will instead face a No Operator’s License charge. Driving Under Suspension is also different than Driving Under and an OVI Suspension.
Driving Under Suspension is a 1st-degree misdemeanor. If convicted maximum penalties include:
- 6 months in jail.
- $1,000 fine.
- 1 year additional license suspension.
- 6 points on your driver’s license.
- Additional BMV Resinstatement Fee.
Ref: Ohio Revised Code Section 4510.01
Driving on a suspended license is a very common offense. Suspensions for lapsed insurance coverage are also very common. This is called a Non-compliance Suspension or an FRA Suspension (Financial Responsibility Administrative Suspension).
For most people, giving up driving is not realistic. Some may be truck drivers who need to keep doing their job (here is more info on CSA compliance for those who are truckers), however, this can cause more issues and affect the company as well as themselves, especially if they lied about their license status. You may not realize that driving privileges are available for a Non-compliance Suspension. So like many people, you take your chances. However, it can affect your insurance premium, putting you in the high-risk bracket. If you have any questions, you may want to get in touch with an insurance company similar to this Insured ASAP Insurance Agency to learn more about what effect traffic violations can have on your premium. If not that, you can also do your own research and know more.
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