Legal Question in Criminal Law in Ohio

Carrying a Concealed Weapon

My husband was riding his bicycle on a bike path by our home. He was carrying a gun in his fanny pack. He was stopped by police - he notified them of the weapon and he was arrested (read his rights but not fingerprinted or photographed). They called me to pick him up from the police station. We were told that we would either be called within 72 hours or receive a certified letter of when to appear in court. It has been 2 weeks and we have not heard anything. Since the incident he complete his CCW training and applied for his CCL. Should we wait till we hear something to hire a lawyer? The only paperwork I have is the slip I signed to have him released to me. On the slip it says he violated the CCW law and was criminally trespassing (the bike path is next to an air force base and he was resting on the grass when the police came to check him out.)


Asked on 8/21/07, 11:25 pm

1 Answer from Attorneys
Bradley Miller Miller Law LLC

Re: Carrying a Concealed Weapon

Both criminal trespassing and carrying a concealed weapon are 4th degree misdemeanors. This means any charge brought against your husband will probably occur in the local municipal court.

Since you have not yet heard anything, I would suggest calling the prosecutor's office and see if they will tell you whether or not charges have been or will be brought against your husband. You might also try the court clerk's office to see if there are any open cases in your husband's name. You could also try calling the police department to see if they intended to forward charges to the prosecutor's office.

Until you have received confirmation that you have been charged, you probably don't need an attorney. However, if your husband is questioned about the incident by the police or a prosecutor at any time, he should politely refuse to answer any questions until you have a lawyer present. This will prevent your husband from saying something that might incriminate himself.

There is a two year window from the date of the arrest that charges can be filed against your husband. From my experience though, if charges are going to be filed in misdemeanor cases such as this one, they are usually filed within 1 month of the activity in questions.

If you have any further questions, feel free to contact me.

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Answered on 8/22/07, 10:29 am


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