Contact

[aioseo_breadcrumbs]

Your Rights After Arrest

If you or a loved one has recently been arrested… Take a deep breath.

While being arrested is arguably the most stressful thing that can happen to someone, you do not have to go at this alone.

After an arrest and in addition to the rights listed below, there are various rights in which every person is afforded.
Right To Counsel
Right To Remain Silent
Right To Bail
Right To A Preliminary Hearing
Right To Be Indicted
RIGHT TO A PHONE CALL

When defendant is arrested and unable to make bail, he cannot be confined or removed from the county until he is permitted to: ​​

  • Speak with an attorney of his choice OR
  • to speak to at least one relative or other purpose to obtain counsel or arrange bail if the offense charged is a misdemeanor.
The defendant is permitted a reasonable number of phone calls. For example, trying to call for 20-minutes is reasonable.

NO REMOVAL FROM THE ORIGINAL JAIL SITE OR COUNTY:

The defendant cannot be confined or removed from the original jail  site or the county until an attorney, admitted in Ohio, has had reasonable opportunity to visit him immediately or consult privately him, or the defendant has had reasonable opportunity to arrange for bail.

IF A POLICE OFFICER OR JAILOR WERE TO VIOLATE THE ABOVE RIGHTS:

A police officer or jail custodian who violates the defendant’s rights under these sections is subject to the following penalties:

  • 30 days imprisonment and a fine of not less than $100.00 or more than $500.00, or both. (for violating R.C. § 2935.14).
  • 30 days imprisonment and a fine of not less than $25.00 or more than $100.00, or both. (for violating R.C. § 2935.20).