Kettering Criminal Defense Lawyer

If you were recently arrested, you are probably trying to understand how serious this could become. It can start in the middle of a normal day, whether you were driving along Wilmington Pike or somewhere near Fraze Pavilion, and then suddenly it turns into something that could potentially change your life.

Criminal accusations can create a lot of uncertainty, especially when you are trying to understand what happens next and how the case might affect your future. Getting help from a Kettering criminal defense lawyer at Luftman, Heck & Associates can help you make sense of the allegations and your options. Contact our office today if you are ready to discuss your situation and find out how we may be able to help.

Criminal Charges in Kettering, OH that We Defend

Most people do not expect to end up dealing with a criminal charge. It can be something as simple as getting pulled over on Wilmington Pike, or something that happens near Fraze Pavilion that gets taken more seriously than you thought. One moment it feels like a normal day, and the next you are trying to figure out what just happened and what it means for you.

That is usually where the questions start. What is the charge? How serious is it? What happens next? What are you supposed to do now? The answer depends on the type of case and what police say took place.

Drunk Driving Offenses

A lot of DUI cases start as a basic traffic stop. An officer might believe you have been drinking or using drugs and ask you to perform field sobriety tests or take a chemical test that measures alcohol or drug levels. Ohio Revised Code § 4511.19 governs operating a vehicle while impaired, and speaking with a Kettering DUI defense lawyer on our team can help you understand how these cases are usually handled locally. The possible penalties you are up against will depend on whether this is your first DUI or you have prior offenses:

• First DUI offense: The court may impose up to 6 months in jail. Fines can reach as high as $1,075, and the court may suspend your driver’s license for 1 to 3 years.
• Second DUI offense: Ohio law requires at least 10 days in jail if a person is convicted. Fines may reach $1,625, and the license suspension may last as long as 7 years.
• Third DUI offense within 10 years: A conviction can lead to mandatory jail time. The court may also order longer license suspensions and require the installation of an ignition interlock device in your vehicle.

Drug Trafficking or Distribution Charges

Drug trafficking charges usually mean police believe you were selling drugs rather than simply possessing them. Maybe you were driving along North Fairfield Road or in another busy area where officers were already looking for opportunities to make stops. In other cases, investigators claim they saw drugs change hands or set up controlled purchases to build a case. Under Ohio Revised Code § 2925.03, the possible penalties may include:

• Fifth-degree felony trafficking: A conviction may lead to 6–12 months in prison. The court may also impose fines of up to $2,500.
• Fourth-degree felony trafficking: These charges may carry 6–18 months in prison. Fines can reach as high as $5,000.
• Third-degree felony trafficking: When prosecutors claim larger quantities of drugs were involved, the charge may increase to a more serious felony. A conviction may lead to 9–36 months in prison.

Assault Charges

Assault charges usually come from situations that escalate quickly. You might be accused of getting physical with someone, or the police may claim you said or did something that put another person at risk. Under Ohio Revised Code § 2903.13, assault is typically charged as a first-degree misdemeanor, but the charge can become more serious depending on what police say happened.

In some cases, you might be accused of using an object that could be treated as a weapon, which can raise the level of the charges against you. Other times, police may say the situation was more serious than it first looked. Once they start digging into what happened, your case often comes down to how they describe the incident and whether the evidence actually backs it up.

Firearm and Weapons Offenses

Sometimes, police may accuse you of carrying or possessing a weapon in a way that violates Ohio law. Possible penalties may include:

• Carrying a concealed weapon (ORC § 2923.12): This offense is usually charged as a first-degree misdemeanor. A conviction may lead to up to 180 days in jail. The court may also impose fines of up to $1,000.
• Having weapons while under disability (ORC § 2923.13): This offense is charged as a third-degree felony. A conviction may lead to 9–36 months in prison.

Theft & Property Crime Allegations

Criminal allegations also often involve money or personal information. For example, police may claim you used another person’s identity or used a credit card without permission. Under Ohio Revised Code § 2913.49, possible penalties may include:

• Fifth-degree felony: A conviction may lead to 6–12 months in prison. The court may also impose fines of up to $2,500.
• Fourth-degree felony: These charges may carry 6–18 months in prison. Fines may reach up to $5,000.
• Third-degree felony: A conviction may lead to 9–36 months in prison. The court may also impose fines of up to $10,000.

Our defense lawyers regularly work with people facing accusations like these. If you have questions about the state’s case against you, a Kettering lawyer for criminal charges can walk you through the evidence prosecutors may rely on and explain what options may be available in your defense.

Where Kettering Criminal Cases Are Heard

Misdemeanor Cases Are Handled in Kettering

For misdemeanor charges, your case will usually be handled through Kettering Municipal Court on Wilmington Pike. This is where your case begins, and in many situations, where it is resolved.

More Serious Charges Go to Dayton

For more serious charges, your case is handled through the Montgomery County Court of Common Pleas in Dayton. This is where felony-level cases go, and the process there is different from what happens in municipal court.

Your Case May Move Between Courts

Your case can start in Kettering Municipal Court and then move to the court in Dayton if the charges are more serious. This usually depends on how the charges are filed and what the police are accusing you of.

How Criminal Cases Work in Kettering

What Leads Up to the Charge

Most of the time, criminal charges come from something specific that already happened. Police might be responding to a call or stop you while you are driving, for example. From there, they will write a report based on their initial impressions of what happened.

According to annual caseload statistics from the Ohio Judicial Branch, municipal courts throughout Ohio handle hundreds of thousands of criminal and traffic cases every year. That gives you a sense of how often situations like this turn into formal charges.

Who Decides What You Are Charged With

That report then gets sent to the prosecutor. The prosecutor is the one who decides if charges are filed. They will also decide what those charges are based on what was written in the investigator’s report.

This is usually the point where people start looking for a criminal defense attorney in Kettering, because what is written in that report can have a significant impact on what happens next.

What Changes Once Charges Are Filed

Once charges are filed, your case moves toward trial. You will get assigned a court date and be expected to show up. Depending on what you are charged with, your case may stay in Kettering. But it could also be sent to Dayton if your charges are more serious.

What to Do Right After an Arrest in Kettering

Most people are not thinking clearly in that moment, and that is where mistakes happen. Here are a few details you need to remember:

• Do not try to explain everything right away, even if you feel like you need to clear things up.
• Keep your responses short so nothing gets taken out of context later.
• Make a note of where this happened, whether it was along Dorothy Lane or in an area you pass through every day.
• Talk to a Kettering criminal lawyer at Luftman, Heck & Associates before you make any decisions about how to handle the case so you know what you are walking into.

You Need Help from a Criminal Defense Attorney in Kettering, OH

When you are accused of a crime, the first step in building your defense is understanding what happened and how the situation developed. That means looking closely at the events leading up to the accusation and the steps police took during the investigation. The more your Kettering misdemeanor defense lawyer understands about what led to your arrest, the easier it becomes to identify issues that may affect how your case is handled.

We Examine What Led to Your Arrest

One of the first things we do is look closely at what happened before your arrest. We review the police reports and examine how officers say the situation unfolded. Looking at those details can sometimes reveal problems with the stop or with how officers handled the arrest.

Legal Issues That Could Affect Your Case

We also look for legal problems that could affect your case. That includes reviewing how police handled the investigation and whether officers followed the proper procedures. If something was done incorrectly, that mistake may limit the evidence prosecutors can use in court.

How We Start Building Your Defense

Once we understand what happened and identify any legal issues, we can start putting together a plan for your defense. At Luftman, Heck & Associates, we will look closely at the details of your situation before deciding the best way to move forward. Depending on what we uncover, your Kettering felony defense attorney may challenge the charges or work to reduce the charges you are facing.

Kettering Criminal Defense FAQ

Can a criminal charge affect someone’s professional license?

It can. Certain convictions may affect your professional license depending on the type of work you do, especially in fields that require background checks or state-issued credentials.

What happens if someone misses a criminal court date in Kettering?

If you miss a scheduled court appearance, the judge may issue a bench warrant for your arrest. That means police can take you into custody, and the court may also add new complications to your case.

What information should someone bring when meeting a criminal defense lawyer?

When you meet with us, it helps to bring any paperwork from the case, such as a citation or court notice. Those documents help our team see what the police say happened and start figuring out how to approach your defense.

Can criminal charges be filed even if no arrest happened first?

Yes. In some cases, prosecutors review the evidence after an investigation and decide to file charges later, even if no arrest was made at the beginning.

Get a Kettering Criminal Defense Lawyer From Luftman, Heck & Associates in Your Corner Today

If you were arrested or learned that charges may be coming, you probably have a lot on your mind right now. A Kettering criminal defense attorney near me with Luftman, Heck & Associates can sit down with you and go over what the charges mean and what your next steps could look like. If you are interested in figuring out how to deal with the charges you are up against, contact us today.