Difference Between Arrest, Charge, and Conviction in Ohio

When you’re suspected of having committed a crime, you may face arrest, charges, and conviction. However, there’s often confusion, even among law enforcement officers, about what these terms mean and what must occur at each stage.

In this post, we’ll clarify these terms and explain their significance in the criminal justice process. Just as importantly, we’ll describe how each of these concepts might apply to you and what Dayton criminal defense lawyers can do at each stage to help you.

What Is an Arrest in Ohio?

An arrest occurs when you’re taken into custody and held without liberty to leave.

Upon arrest, you should be informed of the alleged offense that led to your arrest. However, that might not happen right away. The officer might explain your legal rights with a Miranda warning and transport you to jail if they are attempting to elicit a statement from you. However, Miranda warnings are not required if law enforcement is not attempting to question you about the offense. Quite possibly, you will be booked into a county jail and detained until arraignment or an initial appearance.

If you are being arrested for a felony, but haven’t been indicted, the police can hold you for up to 48 hours before they are required to file a complaint with the local municipal court where the alleged offense occurred.

If you are being arrested for a misdemeanor, then the State of Ohio is required to have you brought before a Judge or Magistrate in a reasonable period of time for an initial appearance.

Once you appear in Court, a bond is typically set. That bond may require money to be “posted” on your behalf with the Clerk of Courts or you might be released on an “own recognizance bond” that does not require the posting of any money.

The following peace officers can perform an arrest in Ohio:

• Police officers
• Sheriff’s deputies
• Marshals
• Ohio State Highway Patrol troopers
• Metropolitan Housing Authority officers
• Transit police
• University police
• Department of Public Safety officers
• Tax agents
• Department of Natural Resources officers
• Airport security
• Bureau of Criminal Identification and Investigation agents
• State fire marshals
• Gaming control agents

Additionally, private citizens may perform arrests. Specifically, anyone can make a citizen’s arrest if they have reason to believe a person has committed a felony. For example, a security guard at a jewelry shop can stop and detain someone suspected of stealing.

A peace officer may make an arrest with or without a warrant, which identifies the person to be arrested. An officer obtains a warrant from a judge by submitting a probable cause affidavit describing the offense and why the officer believes the individual committed it.

Officers can also make warrantless arrests, though they must still have probable cause at the time of the detainment. However, the law allows the officer to make the arrest first, then submit the affidavit afterward.

Notably, an arrest doesn’t mean the person detained is guilty of a crime. It only means that the police reasonably believe they’ve committed a crime.

Understanding a Criminal Charge in Ohio

Criminal charges are formal accusations by a prosecutor. The police provide the evidence to the prosecutor, who reviews the evidence and determines whether an offense occurred. In some cases, the prosecutor will decide that there was no crime. The person arrested is then released without charges.

However, if the prosecutor concludes that a criminal offense occurred, they can bring charges in two ways. First, they can seek an indictment from a grand jury. The prosecutor presents the state’s evidence, and the grand jury will indict if it agrees that probable cause exists.

Second, the prosecutor can charge a suspect by filing an information, which lays out the grounds for the charges against the suspect. However, an information would typically only be filed with the approval and consent of the person being charged and their attorney.

Since a judge or jury doesn’t review the information, you can challenge it in a preliminary hearing. If your attorney proves a lack of probable cause, the judge will dismiss the charges. You won’t receive a preliminary hearing if you were indicted. However, the burden to the State in a preliminary hearing is very low and many courts and prosecutors in Ohio no longer utilize preliminary hearings.

Occasionally, a suspect may be charged by complaint or indictment and issued a summons without an arrest.

Felonies punishable by death or life imprisonment must be charged by indictment. Other felonies may be charged by information if the accused has waived their right to a grand jury. Misdemeanors are often handled through a summons.

Once charges are filed, your case will proceed to trial unless you reach a plea bargain.

What Does a Conviction Mean in Ohio?

A conviction happens when a judge enters a judgment of guilt. This judgment is final unless you win an appeal. A conviction happens if a person pleads guilty or is found guilty by either a jury or by a trial to a judge.

The conviction may be based on a verdict or a plea. The opposite of a conviction is an acquittal. This outcome occurs when a judge or jury finds the suspect not guilty of the charged offense. You may also escape conviction if your charges are dismissed by the judge or withdrawn by prosecutors.

A conviction can occur in the following ways:

• A jury verdict after a trial
• A verdict by a judge after a bench trial
• A guilty plea, including one entered as part of a plea bargain
• A no-contest plea, meaning you accept the conviction without admitting guilt

A conviction can have profound and potentially permanent consequences, including the following.

Punishment for the Offense

Upon conviction, the court can impose a sentence that includes any of the following:

• Death
• Incarceration
• Fines
• Probation
• Community service
• Mandatory drug or alcohol treatment

The punishment depends on many factors, including the offense and your criminal background.

Criminal Record

Any member of the public will have access to your criminal history, including the offense for which you were convicted. This record may be accessed by prospective employers, school administrators, landlords, licensing boards, and even family and friends.

Loss of Certain Civil Rights

You’ll be ineligible to vote while incarcerated. You may also lose your right to possess a firearm, depending on the offense. You may be required to register as a sex offender for certain convictions. You may also lose the right to serve as a juror or to hold public office.

Collateral Consequences

You’ll face the social stigma of being a criminal or, worse yet, a felon or sex offender. This negative perception could interfere with your ability to travel to foreign countries. You may also face a loss of immigration status if you aren’t a U.S. citizen.

From Arrest to Conviction in Ohio

A hallmark of the American justice system is that the process of trying criminals involves a uniform and predictable set of steps: arrest, charge, conviction. However, understanding the process and the difference between arrest, charge, and conviction is vital to mounting a robust defense.

The court process in Ohio can be complex, but it typically proceeds as follows:

Phase 1: Investigation and Arrest

The police will typically initiate an investigation after either observing a crime in progress or receiving a request for assistance. The officers will gather evidence by interviewing witnesses and examining the crime scene.

An arrest may occur:

• At the scene without a warrant, based on the officers’ investigation
• Afterward with an arrest warrant, based on further investigation

If the officers can’t close the case immediately, they’ll usually turn it over to detectives. The investigation will then continue; once detectives have probable cause, they can seek an arrest warrant.

Phase 2: Initial Appearance and Charging

After booking, the accused will usually be held until arraignment. Before that can occur, however, prosecutors must file charges as follows:

• An information filed by prosecutors with approval of the person and legal counsel
• An indictment handed down by a grand jury

At the arraignment, the accused is informed of the charges against them and enters a plea of guilty or not guilty. The judge decides whether to release the defendant until trial. If the defendant is released, the judge can require the payment of bail.

Phase 3: Pre-Trial Proceedings

Before trial, the prosecution must turn over all of the state’s evidence, including evidence favorable to your defense, to your legal team. Your attorney can file motions to exclude evidence or limit testimony to determine what the state can use at trial. Your lawyer will also discuss possible plea bargains with the prosecution during this stage.

Phase 4: Trial

If the prosecution doesn’t agree to dismiss your charges or enter into a plea bargain, your case will go to trial. The prosecution will present its evidence first, and your attorney will present your defense afterward. The judge or jury must convict if prosecutors prove each element of the offense beyond a reasonable doubt.

Phase 5: Sentencing and Appeal

The sentence you receive upon conviction will depend on many factors, including the severity of the offense and your prior record. You can appeal any legal errors in your case to potentially overturn your conviction and receive a new trial.

Why Understanding These Differences Matters

Understanding whether you’ve been arrested vs. charged vs. convicted will determine your options for fighting for your freedom. As such, you can empower yourself by understanding the difference between arrest, charge, and conviction.

The stage of your case will determine what your lawyer can do. Generally speaking, the earlier your lawyer intervenes, the more options they’ll have to defend you.

You aren’t guilty until your case reaches a conviction. Whether you’ve been arrested or charged, you have options to fight a conviction.

However, it’s important to set the stage for your defense as early as possible. When you’re questioned before or after an arrest, refrain from making statements to law enforcement officers without first consulting a lawyer. The investigating officers may misunderstand or twist your statements, or you may misspeak.

In any case, you may be subject to arrest or criminal charges based on a miscommunication. Your lawyer can speak for you to reduce the risk of an unjustified arrest or unwarranted charges.