Frequently Asked Legal Questions

Who defends OVI charges in Franklin, Ohio (Warren County)?

At the Law Office of David A. Chicarelli Co., LPA, we defend individuals facing first-time and repeat OVI / DUI charges in Franklin Municipal Court and throughout Warren County. With over 50 years of legal experience and deep trial insight, our attorneys understand how law enforcement and prosecutors build OVI cases, fighting to protect your license and freedom. Learn more about our OVI / DUI defense representation.

What happens at arraignment in Franklin Municipal Court and Warren County Common Pleas Court?

An arraignment is your first formal court appearance where charges are read, rights are explained, and bond is set. In Franklin Municipal Court (for initial felony appearances or misdemeanors) and Warren County Common Pleas Court in Lebanon (for felony indictments), having experienced defense counsel present at arraignment is critical to secure reasonable bail, prevent self-incrimination, and protect your freedom. Explore our criminal defense practice for more details.

How do I get limited driving privileges after an OVI license suspension in Warren County?

In Ohio, an Administrative License Suspension (ALS) takes effect immediately upon arrest if you fail or refuse a chemical test. You can petition the court (such as Franklin Municipal Court or Warren County Court) for limited driving privileges for work, medical, or educational purposes after mandatory hard suspension periods—typically 15 days for a failed breath test or 30 days for a test refusal. Our attorneys file timely appeals and petitions to restore your driving rights. See our license suspension defense options.

What should I do if I am arrested or the police want to talk to me?

You must provide your name and identification, but other than establishing who you are, say nothing other than you want your lawyer. Contact the Law Office of David A. Chicarelli so we can intervene before charges are formally filed. Our experienced attorneys understand local court procedures in municipal, county, and common pleas courts across Southwest Ohio. We will work to protect your constitutional rights from the moment of arrest. We will handle all communications with law enforcement and the prosecutor's office.

What are my Miranda rights?

Your Miranda rights protect your right to remain silent and your right to an attorney during police interrogations. If the police arrest you and intend to question you, they must inform you of these rights. Anything you say can be used against you in court. If law enforcement fails to read you your Miranda rights before a custodial interrogation, any statements you make may be suppressed and excluded from evidence. Remember: you must provide your name and identification, but other than establishing who you are, say nothing other than you want your lawyer.

Am I eligible for a pre-trial diversion program?

Eligibility for a pre-trial diversion program in Ohio typically depends on your criminal history and the nature of the charges against you. These programs are generally reserved for first-time non-violent offenders facing minor charges. If you successfully complete the requirements, which may include classes, community service, or restitution, the charges against you can be dismissed. Our attorneys can evaluate your specific case to determine if you qualify for diversion or intervention in lieu of conviction in Warren or Montgomery County, protecting your record from a permanent conviction.

Can I get my criminal record expunged after a conviction?

Yes, Ohio law allows for the sealing or expungement of certain criminal records, though eligibility depends strictly on the type of conviction and how much time has passed since you completed your sentence. Violent felonies and most sex offenses cannot be expunged. However, many misdemeanors and low-level felonies are eligible after the mandatory waiting period. Having a criminal record sealed can dramatically improve your employment and housing opportunities. Contact us to review your record and file the necessary motions to clear your name.

How much money can I get from my personal injury claim?

The value of a personal injury case in Ohio depends on your specific medical expenses, lost wages, future earning capacity, and pain and suffering. There is no standard calculator because every injury impacts a victim's life differently. A thorough legal evaluation is required to estimate your case's true value. Our attorneys will carefully review your medical records, consult with experts if necessary, and aggressively negotiate with the insurance company to maximize your financial recovery in Warren or Montgomery County. Learn more about our personal injury litigation approach.

How long do I have to file a personal injury lawsuit in Ohio?

In Ohio, the statute of limitations for most personal injury cases is exactly two years from the date of the accident or injury. Failing to file a lawsuit within this strict legal window generally bars you from ever recovering compensation. You should not wait to seek legal counsel, as evidence disappears and witnesses forget crucial details. By contacting our firm early, we can ensure all deadlines are met and build the strongest possible case before the time limit expires.

Should I give a recorded statement to the insurance company?

No, you should never give a recorded statement to the at-fault party's insurance company without your attorney present. Insurance adjusters are trained to ask leading questions designed to make you admit fault or minimize your injuries. Their goal is to reduce the amount they have to pay you. Politely decline their request and direct all communication to the Law Office of David A. Chicarelli. We will protect your rights and ensure you do not inadvertently damage your claim.

Do I have to pay legal fees if I do not win my case?

No, at the Law Office of David A. Chicarelli, we handle personal injury and wrongful death cases on a contingency fee basis. This means you pay zero upfront costs and no hourly legal fees. We only get paid if we successfully recover a settlement or jury verdict on your behalf. Our fee is a predetermined percentage of the final recovery. This allows you to afford top-tier, aggressive legal representation without any financial risk while you focus on healing.

What is the statute of limitations for filing a civil lawsuit in Ohio?

The statute of limitations for filing a civil lawsuit in Ohio varies depending on the type of claim. For example, a breach of a written contract must generally be filed within eight years, while personal injury and defamation claims typically have a one-to-two-year limit. Failing to file within these strict deadlines will permanently bar you from seeking justice. It is critical to contact an attorney as soon as a dispute arises so we can determine your specific filing deadline and take aggressive action to protect your interests. Explore our civil litigation services.

What is the difference between mediation, arbitration, and litigation?

Litigation is the traditional process of taking a dispute to court before a judge or jury. Alternative dispute resolution (ADR), which includes mediation and arbitration, allows parties to resolve civil disputes outside of the courtroom. Mediation involves a neutral third party helping both sides negotiate a voluntary settlement. Arbitration is more formal, where an arbitrator hears evidence and makes a binding decision. ADR is often faster and less expensive than trial. Our attorneys are skilled negotiators in ADR but are always fully prepared to litigate aggressively in court.

How do I file a civil lawsuit in Ohio?

Filing a civil lawsuit in Ohio begins by drafting and filing a formal Complaint with the appropriate county court, outlining the facts of your case and the damages you are seeking. You must then properly serve the defendant with a Summons and the Complaint, adhering to strict Ohio Rules of Civil Procedure. Once served, the defendant has 28 days to file a response. Because procedural missteps can lead to your case being dismissed, you need experienced civil litigators to draft the pleadings, manage the complex discovery process, and advocate for you in court.

What are economic vs. non-economic damages in a civil case?

Economic damages represent objective financial losses, such as medical bills, property repair costs, and lost wages. They are quantifiable and supported by receipts or records. Non-economic damages compensate for subjective, unquantifiable losses, including pain and suffering, emotional distress, and loss of enjoyment of life. While economic damages are generally uncapped, Ohio law places certain statutory caps on non-economic damages depending on the severity of the injury. We meticulously calculate and pursue both types to ensure you receive maximum compensation.

What is the difference between shared parenting and sole custody in Ohio?

In a sole custody arrangement, one parent is designated as the sole residential parent and legal custodian, giving them the exclusive right to make major decisions regarding the child's education, healthcare, and religion. Shared parenting (joint custody) means both parents share the legal rights and responsibilities of raising the child. Shared parenting does not always mean a 50/50 split of physical parenting time; the schedule is based on the best interests of the child. Led by domestic relations attorney and Guardian ad Litem Keali Chambers, we advocate aggressively to secure a custody arrangement that protects your parental rights and your child's well-being. Learn more about our family law and custody representation.

How is child support calculated in Ohio?

Ohio uses a mandatory standardized worksheet that considers both parents' gross incomes, the number of children, work-related childcare costs, and health insurance premiums. The state's formula provides a strict baseline amount, but legal deviations from this guideline are possible under specific circumstances. A judge may adjust this baseline based on special needs, extraordinary travel expenses for visitation, or the child's educational requirements. Our attorneys ensure all financial disclosures are accurate so that the final child support order in Warren County is fair and correctly reflects your family's financial reality.

Do I have to live in Ohio for 6 months before filing for divorce?

Yes, under Ohio law, you or your spouse must have been a resident of the state of Ohio for at least six months immediately before filing a Complaint for Divorce. Additionally, most counties, including Warren and Montgomery counties, require you to be a resident of that specific county for at least 90 days before filing. If you meet these residency requirements, our family law attorneys can immediately begin drafting your petition and filing the necessary paperwork to protect your assets and custody rights.

How is property divided in an Ohio divorce?

Ohio is an 'equitable distribution' state, which means the court will divide marital property in a manner it deems fair, though not necessarily equal. Marital property generally includes all assets and debts acquired during the marriage, regardless of whose name is on the title, such as real estate, retirement accounts, and business interests. Separate property, acquired before the marriage or via inheritance, is typically excluded. Property division can be highly complex and contentious. We work relentlessly to uncover hidden assets and ensure you receive your rightful share.