When you are facing a criminal charge, it can feel like the police and prosecutor already have a head start. They have had time to investigate before you get your first chance to respond. But filing a charge is only the beginning of what the state has to prove.

A strong defense begins with finding out what evidence the prosecutor actually has and where that evidence falls short. The Ohio criminal defense lawyers at Luftman, Heck & Associates can examine the state’s case with you and explain where we see grounds to push back. Once we know what the state has, we can explain how we recommend defending the charge.

An Early Investigation of Your Criminal Charge is Essential

Starting your case investigation as early as possible allows us to examine the accusation independently rather than relying on the police’s conclusions before they filed charges. We can identify gaps in the police investigation and pursue evidence that could change how we evaluate the prosecution’s case.

Getting involved early also gives us time to do that work before you have to make major decisions about the case. When the prosecution provides discovery, we already know what questions we want the evidence to answer.

We Review Evidence During the Discovery Phase

After you’ve been arraigned and before a trial is scheduled, we will have a chance to review the evidence in your case. The discovery phase is one of the most important steps of your defense — it shows us what evidence the prosecutor plans to use against you. Under Ohio Criminal Rule 16, the prosecution must provide discoverable evidence after the defense submits a written demand. We can then see how well the state’s evidence supports the charge.

Evaluating Police Reports and Other Evidence

A police report records an officer’s account of the investigation, but we do not have to accept that account as proof of the charge. We can check the report against witness statements, recordings, physical evidence, and other material obtained during the case.

A conflict between the report and other evidence gives us something concrete to investigate. We can determine whether the inconsistency weakens a prosecution witness, contradicts an allegation, or raises a factual question that the state will have to address.

Continuing Discovery Under Ohio Criminal Rule 16

Discovery does not end with the prosecutor’s first response. Criminal Rule 16 requires continued disclosure when either side later finds additional discoverable evidence. If the prosecution fails to turn over something the rule requires, we can ask the judge to enforce the discovery obligation.

Developing a Defense Strategy for an Ohio Criminal Case

Your defense strategy must address the specific elements the prosecutor must prove for your charge. An argument that helps with one element might do nothing to answer another, which is why we first need to know exactly what the state is required to establish.

At Luftman, Heck & Associates, we can tell you where the prosecution’s proof falls short and what the law allows us to do about it. Before you have to make a major decision, we will explain the defense we recommend and why we believe it fits the evidence in your case.

Can You Challenge Evidence in an Ohio Criminal Case?

The evidence the prosecution wants to use is not automatically admissible just because the police collected it during an investigation. Constitutional violations can give us grounds to ask the court to keep particular evidence or statements out of the prosecution’s case.

We Can Dispute the Evidence From an Unlawful Search

The Fourth Amendment protects you from unreasonable government searches and seizures. We first examine what legal authority officers relied on to conduct the search and whether their actions stayed within the limits of that authority.

If police lacked the required legal basis, the exclusionary rule can prevent the prosecution from using evidence obtained through the unlawful search. When the facts support that challenge, we can file a motion asking the judge to suppress the evidence.

We Can Challenge Statements Illegally Obtained During Police Questioning

Police have constitutional limits when they question you in custody. If you invoke your right to remain silent or ask for an attorney during custodial questioning, police must follow certain rules before questioning continues.

We examine what officers said and did before and during the questioning to see whether they respected your constitutional rights. When a violation supports suppression, we can ask the judge to exclude the affected statement from the prosecution’s case.

What are Pretrial Motions in an Ohio Criminal Case?

Pretrial motions allow us to ask the judge to rule on a legal issue before trial. We file a motion when the facts give us a legal basis to ask the judge for a specific ruling. Suppression is one reason we might file a pretrial motion, but it is not the only issue the judge can decide before trial.

Depending on the case, a motion can ask the court to resolve a discovery dispute, address whether particular evidence is admissible, or decide another legal question that affects how the case proceeds. Resolving those disputes before trial tells us what evidence and legal rulings we will be working with when we advise you about a plea offer or prepare to present the defense in court.

How do Plea Negotiations Work in an Ohio Criminal Defense?

You have to decide whether to accept a plea offer. By the time the prosecutor makes a serious offer, we can explain what accepting it would mean and what you risk by turning it down.

Before you decide, we will tell you what charge you would plead to, what sentence you could face, how your plea will affect your future, and which rights you would give up. We will also tell you whether we recommend accepting the offer based on the evidence and the alternatives available to you. The final decision belongs to you.

Defense Strategies in Criminal Cases

At trial, the prosecutor has to prove every element of the charge beyond a reasonable doubt. The defense does not have to prove that you are innocent. We can hold the state to that burden throughout the trial.

Challenging the Prosecution’s Evidence at Trial

At trial, we can question the witnesses the prosecutor relies on and challenge evidence as the state presents it. Cross-examination lets us question a witness directly about the testimony they gave.

Motions for Acquittal Under Ohio Criminal Rule 29

Under Ohio Criminal Rule 29, the court must enter a judgment of acquittal when the prosecution’s evidence is insufficient to sustain a conviction. The defense can make a Rule 29 motion after the prosecution closes its evidence.

We can use that motion to identify an element of the charge the prosecution failed to support with legally sufficient evidence. If the judge agrees, the court can enter an acquittal without sending that charge to the jury.

Ohio Criminal Defense FAQs

Can the Defense Use Evidence the Prosecutor Did Not Find?

Yes. The defense can investigate and use admissible evidence that police or prosecutors did not collect. Ohio’s reciprocal discovery rules can require us to disclose certain defense evidence before trial.

What Happens If a Witness Changes Their Story Before Trial?

A changed statement can raise questions about a witness’s credibility. We can examine the earlier account with what the witness says later and evaluate whether the inconsistency can be used during cross-examination or otherwise presented to the court.

Can the Defense Challenge Evidence Again at Trial?

Yes. Evidentiary questions can arise at trial based on how the prosecution tries to use particular material. A prior ruling can control an issue the judge already decided, but we can still make an appropriate trial objection when a new evidentiary question arises.

Does the Prosecutor Have to Give the Defense Favorable Evidence?

Yes. Prosecutors have a constitutional duty to disclose evidence favorable to the defense when it is material to guilt or punishment. That duty can include evidence that undermines the credibility of a prosecution witness. If the state withholds material favorable evidence, we can address the violation with the court and ask for the remedy the law allows.

Can the Defense Interview Prosecution Witnesses Before Trial?

Yes. The defense can use a qualified expert when specialized knowledge would help the judge or jury understand evidence in the case. We can evaluate whether expert testimony would help your defense and, when it would, work with an appropriate expert to analyze the relevant evidence.

Can the Defense Use an Expert Witness in an Ohio Criminal Case?

Yes. The defense can use a qualified expert when specialized knowledge would help explain an issue in the case. Whether an expert would help depends on the evidence and the defense we are pursuing, so we can determine whether expert testimony would add something useful that other evidence cannot provide.

Contact an Ohio Criminal Defense Lawyer

The prosecution does not get the final word on what the evidence means or whether it proves the charge against you. Luftman, Heck & Associates can examine the state’s case and build a defense around the evidence and law that apply to your charge. Call (614) 500-3836 to discuss your case with our team. You can also request a consultation with our criminal defense attorneys through our website.