Legal Question in Criminal Law in Ohio

i was charged with ccw and i was open carrying which is legal in ohio. it was a hi point c9 in an uncle mikes inside the waistband holster with my shirt tucked behind the grip of the pistol so its in plain sight. the undercover cop broke his stakeout to arrest me and gave 3 different reasons to stop me. he said first that he saw my gun and toke it from me. i pointed out it was open carried then and he changed his story to he got a call from a tipline. i pointed it out that it was open carried then and he changed his story again to he saw a bulge on my hip. he has nothing but his word to prove his case and has had almost all his cases dismissed in the past three years. i have a clean record and do security work for a living. is it possible the case will be dismissed? be found not guilty? will i get my gun back if i'm found not guilty or get it dismissed?


Asked on 6/14/10, 8:26 pm

1 Answer from Attorneys
Philip Eichorn Hammond Law Group

You need to retain a skilled and experienced criminal lawyer to review the evidence, how the State obtained the evidence and whether or not the evidence fits the charge. You are presumed innocent and that is why you have the right to a trial by your peers. The State must prove the case beyond a reasonable doubt and if the facts don't support the charge, an acquittal is possible. If found not guilty, you will be able to get your gun back.

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Answered on 6/20/10, 5:55 am


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