TALK TO A LAWYER2,500+ Charges Resolved - 100% FREE CONSULTATION
2,500+ Charges Resolved - 100% FREE CONSULTATION
Don’t deal with a broken system on your own.
Let a former prosecutor guide you.
Criminal charges are the last thing anyone wants to deal with, but when they do, you need a Cleveland criminal defense attorney that is not afraid to stand up and fight for your rights.
At Botnick Law Firm, we excel at providing aggressive representation in all criminal matters. Whether you are dealing with a misdemeanor, felony or fighting federal charges, you don’t have to fight this on your own. The next step is simple. Call or text now to talk to an attorney.
Trust me, I know.
I was one.
Until I got sick of how the system attempted to intimidate and bend people with fear into taking a deal they shouldn’t.
A criminal record can affect your ability to get a job, live where you want, vote, own a gun and even foreign travel.
You need to take action. Time is not on your side.
I used Robert to help me fight a pretty steep speeding ticket. Robert was able to successfully get my ticket reduced to a 0 point violation and small fine.
We had an excellent experience with Mr. Botnick for a disorderly conduct charge. Very pleasant to work with, professional, and gave us a lot of confidence approaching the case.
I had a great experience with Mr. Botnick. He gave me an honest consultation about my speeding ticket that gave me confidence in his work.
Robert was able to get a fairly hefty traffic violation down to no conviction/no points. He is efficient and professional in his work. I highly recommend him in Northeast Ohio!
Mr. Botnick was very helpful in my time of need and accomplished the results I was honestly hoping to receive. I would certainly recommend reaching out to him if you are in need of help.
I worked with Robert to help fight my traffic ticket. He was incredibly responsive and helpful, and was able to keep two points off my ticket. Thank you again!!
The criminal justice system is supposed to enforce laws and protect people’s rights. However, it’s known to be rather one-sided against those who have been accused of a crime. The authoritative individuals and government agencies in the system focus on one common objective... convicting a criminal. In a criminal case, the police and the prosecutor work together to develop evidence and gather supporting documents before, during, and after an arrest. Those who attempt to take on the system alone will be significantly disadvantaged. It helps to have a skilled criminal defense attorney on your side.
The basis of a police investigation is to search for reasons to convict someone of a crime. The police aren’t using their resources to find evidence that proves innocence… they’re looking for evidence to convict a criminal. That’s exactly what they are trained to do. Your defense attorney, on the other hand, is trained to work with your rights in mind. You can expect them to look for gaps in the case, reexamine evidence, and find any other discrepancies that could incite reasonable doubt.
Police officers have a lot of rules and processes that must be followed during criminal investigations. But that’s not always the case. Police have often been known to overstep their duties and infringe upon the rights of the criminally accused. If the officer’s conduct during the arrest or investigation was in violation of your constitutional rights, your defense attorney may be able to have your case dropped before it even goes to trial.
Not everyone’s a lawyer. Unless you regularly study the laws in your local area, you’ll probably find that the process for handling criminal cases is pretty complicated. Knowing how to defend yourself in these situations, what your rights are, and if your rights have been violated isn’t exactly obvious. Your criminal defense lawyer will act as a buffer between the government and you while asserting your rights and guarding you against harsh prosecutors.
Any charge that shows up on a criminal record can cause issues later on in life. Things like applying for a new job or looking for your next home… sometimes a clean criminal record is a prerequisite. It can really hold you back. Criminal defense lawyers with experience can offer wise guidance and advice to help you navigate all the strategic decisions you will face during your criminal case.
The process to charge someone that’s been accused of a crime begins with an arrest. If the police have reason to believe that someone has committed a crime, the accused can be taken into custody. Police will usually start by asking basic questions like name and address to identify a person, and then they’ll often pivot to more specific questions related to the incident. At some point during this, you should have been read your “Miranda warnings.”
You have the right to remain silent to avoid disclosing evidence that could potentially be self-incriminating, as well as the right to an attorney to defend you in court. Those are your unwavering rights that must be recited upon taking someone into custody. Take note of when these rights are read to you, as it could be helpful information for your attorney.
When you’ve been taken down to the station, police will fingerprint you and get your photograph to update their records. Once this is done, you should be granted the opportunity to contact your criminal defense lawyer. If you don’t have a lawyer, get a loved one to book a consultation with a lawyer on your behalf. It’s important that you do NOT disclose any details about your case over the phone with your loved ones, as those calls are monitored.
After you’ve made it through the booking process, the police may begin conducting their investigation with you. Depending on the situation, this might include a personal search, collecting samples, interviewing/interrogating, police lineups, etc.
You’ll be held at the station until you can be brought before a judge. The initial court appearance will happen within 48 hours or less of the arrest. Here, the judge will review the case and decide if there’s any reason to keep you in holding or if bail can be granted. If bail is granted, you’re allowed to be released upon certain conditions.
Depending on the seriousness of your allegations, you may have a preliminary hearing at which a judge can determine whether enough evidence exists to charge you with that level of crime. You’ll be able to plead “guilty” or “not guilty.” If you plead not guilty, your case will be sent to trial. You may get the opportunity to enter a plea deal. That’s something your attorney will advise you on.
In the discovery stage, the case against you is made much more transparent. The prosecutor will share the evidence they have against you with your defense attorney. During this time, your attorney can make additional requests for evidence if need be. All of the evidence on the table will be considered, and your lawyer will work with you to form the best plan for your defense.
If a plea deal is unable to be reached, the case will enter trial. During the trial, the prosecutor begins by presenting the case to the jury. They share any evidence they have against you and have witnesses make their statements for the prosecution. This can be tough to sit through. Afterward, it’s your lawyer’s turn to take the stands and share your side of the story. Your lawyer can question the prosecutor’s witnesses and all of the evidence that was used against you. There are many different strategies that your lawyer will use to defend you during the trial.
In a best-case scenario, you will have been found not guilty by the end of the trial, and the charges against you have been dropped. If you are found guilty, the judge must determine what your sentence/penalties will be. The sentencing will happen at another hearing, usually a few weeks after your trial ends.
When you’ve paid your dues and walked away from the criminal justice system, you’ll be left with some unwanted baggage… a criminal record. A charge on file can become a roadblock for many important opportunities in life that many individuals don’t consider.
Depending on the nature of the crime and your current parenting arrangements, courts may have the authority to modify or take away custody rights to children.
If you’re convicted of a felony in Ohio, you will lose your right to possess and purchase firearms. Misdemeanor charges involving domestic violence, drug dependency, or mental health can also have an impact on your gun rights.
Colleges do perform background checks. If they see that you have been convicted for a crime, even a misdemeanor, they may reject an application. Your chances of obtaining any funding for schooling may also be narrowed.
Even a tiny misdemeanor conviction on your record puts a significant risk on your chances of obtaining a green card. Depending on the circumstances, you also risk getting deported.
There are a lot of good jobs that require professional licenses or will run background checks during the hiring process. Any charges showing up on a criminal record is an immediate red flag for a lot of employers.
In Ohio, convicted felons lose their rights to vote while they are serving their sentence.
If you or your partner plan to foster a child or adopt someday, the presence of a criminal record may severely hurt your chances of approval.
Different financial aids for things like education, housing, family welfare, etc., may no longer be accessible with a criminal charge on file.
You may no longer be able to pass a security clearance in specific organizations or professions. Places like schools, daycares, and airports may be off-limits.
The attorney-client privilege protects a lawyer’s communication with a client. Clients are encouraged to share any and all information related to their case without fear of legal repercussions or other consequences. Ultimately ensuring that lawyers can represent clients effectively because they have all of the facts.
Here are the rights that EVERY person headed to court has…
The court must:
Absolutely. When entering court proceedings, the people handling your case are only focused on one thing… a conviction. Even once you’ve served your expected sentence, the consequences of conviction can follow up for years to come. You should always have someone in your corner to support you in these situations, explain ALL of your options, and advocate for your rights.
Expungement laws exist to help previous offenders recover and carry on with their lives, without being held back. They cannot show up on a background check, or at least they shouldn’t. Although it’s not exactly ethical, there are some background check companies that continue to report on charges that have previously been sealed from the public.
Remember that if you simply pay for your ticket – It’s the same as admitting guilt.
This puts a blemish on your driving record. You’ll likely be looking at higher insurance rates. And if you drive for a living (for instance, for Uber, or if you have your CDL), then a speeding ticket may cause employment issues. You should always speak with an attorney before making any decisions.
With the proper legal representation, you can win your case and have your charges dropped and sealed. Depending on the severity and nature of the crime, charges may stay on record for the rest of your life. It’s best to involve a lawyer a soon as possible, even if you are guilty, to help minimize the impacts of a criminal record.
Always be careful accepting plea bargains. It’s not always the best option. Your lawyer will discuss the case with the prosecutor and weigh all of your options to determine the best course of action. Here are a few potential benefits of plea bargaining:
We have successfully represented clients across Northern Ohio. If you are facing criminal charges, we can help you too. Don’t delay. The district attorney is building their case against you right now.
The Prosecutor will not take your charges lightly — Will you?
TALK TO A LAWYER