The 6th Amendment of the United States Constitution guarantees that every person who is financially unable to hire their own attorney must be provided with a competent attorney at the government's expense. Ohio law defines a person who is financially unable to hire their own attorney to be indigent (Ohio Revised Code, Title 1, Chapter 120).
If you are unable to afford a lawyer and believe you may qualify, please call our office at 330-451-7200 between the hours of 8:30 am – 12:00 pm and 1:00 pm – 4:30 pm Monday – Friday (we are closed on all legal holidays).
No. It is never a good idea to speak with the police without having your lawyer present. In most cases, the police are hoping you will give them a confession or make incriminating statements which greatly strengthen their case. Once you make incriminating statements to law enforcement, it is difficult and often impossible to undue this damage. If a police officer tells you he or she wants to speak with you, tell them that you want to speak to a lawyer first.
None. All public defenders are licensed attorneys who have passed the bar exam and have been admitted to practice law.
A Grand Jury is a legal body that decides whether there is sufficient evidence (probable cause) to believe that you have committed a felony. An indictment is a document that charges you with a felony. The indictment process is a secret proceeding in which the State presents evidence about your case before the Grand Jury. You are not entitled to be present, confront witnesses against you, present evidence on your own behalf or have counsel present it during the Grand Jury process. A Grand Jury is not the same thing as a trial jury.
Trial preparation takes place through a process called "discovery." Discovery is the exchange of information between the prosecution and the defense before trial. Generally, the prosecution has a duty to turn over to the defense, upon request, the details of any offenses charged, the names of witnesses who may testify at trial, other evidence that may support the charges, and any information that may disprove the charges. On the other hand, the defense must turn over to the prosecution, upon request, the names of defense witnesses who may testify at trial and the nature of the defense.
The decision on how to plead is up to you. Your attorney may negotiate with the prosecutor to try to resolve the case with the most favorable result. This does not mean that your attorney thinks you are guilty or that you are being encouraged to plead guilty. You have the right to be told all options available to you in order to make an informed decision. Your attorney has a duty to provide you with this ongoing information. If a plea agreement is not reached, then you will go to trial. Your guilt or innocence is determined at this stage. You will decide on whether to go to trial and whether you wish to testify. Your attorney will advise you on these decisions, however, the decision is yours to make. The prosecution must prove your guilty beyond a reasonable doubt. If the prosecution does not meet this burden, then you should be found not guilty and the case is completed.
- You should never discuss your case with anyone other than your lawyer or a representative of the Public Defender’s Office. Most importantly, keep in mind that: ALL CALLS FROM JAIL OR PRISON ARE RECORDED AND MAY BE USED AGAINST YOU AT TRIAL! Never discuss the facts of your case over the telephone with friends or family. Never tell a witness what to say in court or not to show up at court. Prosecutors routinely monitor these calls and WILL use these calls at trial to attempt to convict you or file additional charges.
- Keep your attorney informed of your current address and telephone number.
- Provide your attorney with a list of potential witnesses, addresses, and telephone numbers as soon as possible.
- Be on time for court.
- Dress appropriately for court.