The Right Against Self Incrimination

One thing to keep in mind is that Miranda extends to misdemeanor offenses as well.  This was not always the case.

Early on Miranda was not extend to OVI matters or to any misdemeanors in Ohio.  Thus, Ohio only applied Miranda to felonies.  This was decided in the case State v. Pyle.  The court in that case reasoned that interrogation in misdemeanors were inherently less intrusive and coercive than in felonies.

However, the case was overruled in State v. Bucholz. In doing so, the court ruled that Miranda should apply to misdemeanors as well.  Thus, the right to self incrimination applies to ALL cases in Ohio.

Knowing that, it is important that an Ohio OVI attorney assess a case thoroughly to decide if Miranda was properly executed when the State is using the defendant’s statements in court.