Legal Question in Criminal Law in Ohio

i live in ohio, last year i was stoppeed for a OVI(DUI)... i plead innocent, and we started our way to trial...

the prosecution had nothing... i even blew zeros... the judge was going to dissmiss it right then if i had a

doctors note stating that i was persueing the cause of a noticible balance problem that i have...

i started going to doctors... turns out i needed glassses...badly, and an "order" for an MRI was given to me...

i guess a few hearings went by that i did not need to attend, but then my lawyer called me and said this one was

mandatory...

i came to court with doctors notes, notes from teachers(im in school), and notes from family, but my lawyer told me

that the judge was only there to hear me take (i beleive he said "deal")... he then asked for "a moment", and took

me outside...

my lawyer told me "i just was in trial, and i lost BADLY, but if you want to go to trial... i'll try my best"

(which didnt seem very convincing), and "i dont know how much money it is going to cost you if you lose" (a

important factor for me)

so in court that day they said they would dismiss the OVI, and write a ticket for "reckless ops"...my lawyer plead

no contest... the judge had to ask me twice if i understood my rights, but i eventually nodded...

i got $250 fine, one year probation, 30 days on the shelf, and 6 months no licsense

but now, i find out that i am paying all sorts of things, and i am paying probation (as far as i can tell) to

disperse my monies...

heres my questions...

did the judge fail to ask me if i was intimidated or promised something in order to accept this plea? has the

government found a slick 'loophole' in order to avoid having that question asked?

if i paid all fines, court costs, etc... in one month, why do i still have to pay 11 months of probation fees?

they are providing no service to anyone once my fine and court costs are paid... so this 'probation' is

punishment... sounds cruel and unusual also.

kevin


Asked on 5/31/11, 9:53 am

1 Answer from Attorneys
Timothy Hess T. Hess & Associates, LLC

I'm not sure what court this was in, but it sounds like you did not fully understand what was going on. This should have been explained by you to the judge at the time of the plea.

It is possible to file a motion to vacate the plea, but it might not be granted without a solid argument. I would retain new counsel and have him look into the record to see if there were errors made. If there were, file a motion to vacate the plea and reopen the case.

Read more
Answered on 6/02/11, 8:06 am


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