Legal Question in Criminal Law in Ohio

Disorderly Conduct, Obstruction of Official Business OH: M4, M2

In July of 2007 officers charged me with the two charges listed on the Subject line. I ignored the courts summon because I believed that the charges were trumped up and that the officers had abused their power and caused more problems than they resolved. The county charging me has a history of being ''backwards'' and I believed that my only option to remain free would be to avoid prosecution. Since the incident and many miles behind, I've decided to take care of this business, I have no money. What should I do to avoid going to jail?


Asked on 1/08/08, 1:13 pm

1 Answer from Attorneys

Richard Cline Office of the Ohio Public Defender

Re: Disorderly Conduct, Obstruction of Official Business OH: M4, M2

You describe a nearly impossible situation. By ignoring the court case at the beginning, you have created a circumstance where the Court will start out with a negative view toward you. Although it is good that you have decided to do the responsbile thing and address your failure to appear in Court, you set up an expectation that you should not spend any time in jail and -- oh by the way -- cannot afford to hire an attorney to help prevent the jail time. Then you ask what to do.

First, you should understand that there is no free lunch. Your complete failure to respond to the initial court case will have some consequence -- especially if the county is, indeed, "backwards."

Second, if you cannot afford to hire an attorney then you must deal with this yourself. To do so, you will need to appear in Court and ask the Judge to rescind the warrant for your arrest that undoubtedly is on file. The judge may be impressed with your belated responsibility and grant your request, but he may not. Therefore, be prepared to spend some time in jail (pending trial) in case that occurs.

Finally, you should take a sincere look at the question you wrote and understand why the attitude expressed in that letter is virtually guaranteed to create friction if you express that attitude to the court. In effect, you have stated that the police are corrupt, the judge is "backward" and that the legal system in that county is so evil that you could not even risk giving them a chance -- so you just ignored the whole thing. No one likes to hear that their life's work is corrupt and evil --- especially when that message comes from someone who ignored his own obligations.

This is a case that might work out great for you, but might also result in a jail sentence. Why would you think that you should not have an attorney to help you?

If you really cannot afford an attorney, then at least ask the Judge to appoint an attorney for you and make sure that you listen to that attorney and follow his advice.

Good luck with your case.

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Answered on 1/08/08, 2:47 pm


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