Arrested
You, a loved one, or a friend has been charged with a crime in the Dayton area and need help right away! Attorney Christopher M. Fogt will meet with his client at the jail or in his office to gather information; discuss bond; and explain the process to give you peace of mind.
Arraignment
Arraignment is a court proceeding where the defendant is formally charged with a crime. It is a short hearing lasting no more than just a few minutes. At the arraignment hearing, Attorney Fogt will acknowledge the charges (the Indictment), enter a plea of "Not Guilty" or "Respectfully Stand Mute" and address bond if needed.
The reason why attorneys will "Respectfully Stand Mute," when entering a plea for his client is to preserve the ability to plead "Not Guilty by Reason of Insanity" and/or to preserve the right to determine whether or not his client is competent to stand trial. This action has NO detrimental effect on a client's case whatsoever. It is typically done out of abundance of caution.
Bond
At the Arraignment, the Court will determine bond. Bond is an amount of money that the Court has determined will ensure the defendant will appear at all court proceedings as well as protect society from the defendant. Courts consider the following when determining bond:
- Is the defendant a flight risk?
- Is the defendant accused of a violent crime?
- Is the defendant a danger to society or even himself?
- Criminal history?
- Is the defendant employed?
- Highest level of education undertaken?
- Who does the defendant live with?
- How long has he lived there?
- Defendant married and/or have children?
- Defendant's health?
- And more...
Often times, the Court does not know the answers to the above questions when setting or reviewing a defendant's bond. This is why it is so important to retain Attorney Fogt because he provides these answers and works hard to persuade the Court to give bonds with no to minimal restrictions, or a reduction in bond.
Discovery
Depending on the county or city, attorneys receive their discovery shortly before, during, or shortly after the arraignment. The discovery process is ongoing though. Discovery typically consists of police reports, witness statements, and video and/or audio recordings. Even though most cities and counties provide attorneys with discovery without filing a motion, it is still important to submit a discovery request to protect a client's rights. Also, not only is it important to review all the discovery provided, it is equally important to determine whether any other discovery has not been provided and follow up with the State and/or the Court as necessary.
Attorney Fogt meticulously reviews discovery and makes sure he has everything his client is entitled to have. He also makes sure his client receives a copy of the discovery.
Defense Strategy
During the court process, Attorney Fogt and his client will discuss any and all defense strategies available. For instance, a motion to suppress may need to be filed because the police illegally searched and seized the defendant. Another example would be in an assault case, the client may argue that he reacted in self-defense.
Attorney Fogt will also explore any evidence that a Client may have or know of to prove his innocence. Attorney Fogt has a trusted private investigator that he works with that helps him locate witnesses and gather evidence. Attorney Fogt has visited countless crime scenes and talked to various people to better represent his clients. Attorney Fogt is a strong advocate that works hard to obtain the best possible outcome for his clients.
Court Process
After the Arraignment, most courts schedule a pre-trial. At that time or around that time, the State and Attorney Fogt will discuss the case and the State makes a plea offer. Attorney Fogt has years of experience and can tell his client whether the State's plea offer is good or not. Attorney Fogt and the State may talk about the case again after the pre-trial to resolve the case. Sometimes a creative solution is all that is needed to settle the case favorably.
In addition, Attorney Fogt will advise his client whether an evidentiary hearing such as a motion to suppress would benefit them. Attorney Fogt will also discuss whether trial is the best course of action. Sometimes trial is the best choice. It is ultimately the client's decision whether to have a trial.
Communication
Our office will routinely be in touch whether you are in jail or at home. We will communicate with your family and/or significant other if you wish for us to do so. Being in consistent contact with clients lets them know that our office cares and works hard.
Fogt Law Can Help You
We will be there for you throughout your case. We will protect your legal interests and rights whether you are charged with a serious felony or a low misdemeanor at the Federal, State, or City level. Attorney Fogt practices in Federal Court and all over the State of Ohio including, but not limited to Montgomery County, Greene County, Miami County, Warren County, Hamilton County, Clark County, Franklin County. Attorney Fogt also practices in Kettering, Miamisburg, Dayton, Xenia, Fairborn, Springboro, Clark, and Lebanon Municipal Courts as well as others. We have handled hundreds of misdemeanor and felony cases including those with multiple first degree felonies. We can help you!
