Frequently Asked Questions

Clear answers to common questions about criminal defense, immigration, and how the two can affect each other. These answers are general information, not legal advice. Every situation is different, so the best next step is a consultation.

Consultations and Working With Us

How do I book a consultation?

You can book a consultation online at any time and choose the consultation that fits your needs. You can also reach out through the contact page by phone or email. During your consultation, you can explain what happened, ask questions, and learn about your options before deciding on next steps.

Are meetings held in person or virtually?

Wisniewski Law operates as a virtual firm. Meetings are held by phone or video, which means you can speak with Robert Wisniewski from home, work, or anywhere that is convenient for you. This is especially helpful for families who live far apart or have busy schedules.

What languages do you offer?

Consultations are available in English, Spanish, French, and Arabic. Being able to explain your situation in the language you are most comfortable with can make a real difference, especially in immigration matters where details are important.

What areas do you serve?

For criminal defense, Wisniewski Law represents clients in Ohio, including Columbus, Franklin County, Newark, and Licking County. Immigration law is federal, so immigration matters can be handled for clients across the United States, including New York City. You can see the full list of practice areas on our services page.

What if I need help urgently?

If your situation is urgent, such as a recent arrest or a family member being detained by immigration authorities, email robert@robertwlegal.com and include "Emergency Consultation" in the subject line. You can also find phone and email details on our contact page.

Criminal Defense in Ohio

What is an OVI in Ohio?

OVI stands for operating a vehicle while impaired. It is Ohio's version of a DUI. A person can be charged based on signs of impairment, on a breath, blood, or urine test above the legal limit, or on certain drug levels. Even a first OVI can carry mandatory penalties and a license suspension. Read more in our guide: What Happens After an OVI Arrest in Ohio?

Do I need a lawyer for a misdemeanor?

Misdemeanors are less serious than felonies, but they can still lead to jail time, fines, probation, a permanent criminal record, and effects on employment, housing, and professional licenses. For noncitizens, some misdemeanors can also affect immigration status. Having a lawyer review the charge helps you understand your options before you enter a plea.

What should I do after being arrested in Columbus?

Stay calm and be respectful. You have the right to remain silent and the right to speak with a lawyer, and it is generally wise to use both. Keep all paperwork you receive, note your court date, and write down what you remember about the arrest. If you are not a U.S. citizen, tell your lawyer right away. Learn more in our guide: How a Criminal Case Works in Franklin County.

Can a criminal charge be dismissed in Ohio?

Yes, charges can be dismissed in some cases. Common reasons include problems with the evidence, unlawful stops or searches, speedy trial issues, or completion of a diversion program. Whether a dismissal is realistic depends on the facts of each case. Noncitizens should know that some diversion programs require a guilty plea, which may still count as a conviction for immigration purposes.

Can I get my record sealed in Ohio?

Many people can. Ohio allows sealing or expungement for many offenses, and the rules were expanded in recent years. Eligibility depends on the type of offense, how the case ended, and how much time has passed since the sentence was completed. Some offenses, including OVI convictions, generally cannot be sealed. Read more: Can I Get My Criminal Record Sealed in Ohio?

How long does a criminal case take in Ohio?

It depends on the charge and the court. Ohio's speedy trial rules generally require a felony to be brought to trial within 270 days of arrest, with shorter limits for misdemeanors, though these limits can be extended. In practice, many misdemeanors resolve within weeks to a few months, while felonies often take several months or longer.

Immigration

Can I get a green card with a criminal record?

Many people with minor records still receive green cards. The answer depends on the specific offense, whether it creates a ground of inadmissibility, and whether a waiver is available. Some offenses, especially drug offenses, have very limited waiver options. Read more: Green Card Interview With a Criminal Record.

What happens after an ICE arrest?

After an ICE arrest, a person is usually processed and may be held in immigration detention. They may receive a Notice to Appear, which starts a case in immigration court. Some people may be able to request release on bond, while others may not qualify. Acting quickly matters. Read more: What Happens After an ICE Arrest?

How does an immigration bond hearing work?

A bond hearing is held before an immigration judge, who decides whether a detained person can be released while the case continues, and at what amount. The judge generally considers whether the person is a flight risk or a danger to the community. Not everyone qualifies for a bond hearing, and the rules on eligibility have changed significantly since 2025 and continue to be challenged in court. Read more: How Can I Get Someone Out of Immigration Detention?

How long does an asylum case take?

Asylum cases can take a long time, often years, because of large backlogs at USCIS and in immigration courts. Timing depends on whether the case is filed with USCIS or in immigration court, the local backlog, and the facts of the case. In general, asylum must be filed within one year of arriving in the United States, with limited exceptions, so it is important not to wait.

Do you handle immigration cases in New York City?

Yes. Immigration law is federal, and Robert Wisniewski handles immigration matters for clients in New York City, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Criminal defense services are limited to Ohio. Meetings are held by phone or video, and Robert travels to New York regularly. See our immigration services.

Criminal Charges and Immigration

Can a misdemeanor cause deportation?

In some cases, yes. Certain misdemeanors, including many drug offenses, domestic violence offenses, firearms offenses, and some crimes involving moral turpitude, can affect a green card or other immigration status. State labels like "misdemeanor" do not decide the immigration outcome. Read more: Can a Green Card Holder Be Deported for a Misdemeanor?

Can immigration see my criminal record?

In most cases, yes. Immigration applications usually require fingerprints, which are checked against FBI and other government databases. Arrests can appear even if charges were dismissed, sealed, or expunged under state law. Immigration forms generally ask about every arrest, so honest and complete disclosure is very important.

Should I tell my criminal lawyer I am not a U.S. citizen?

Yes, always. Under the Supreme Court's decision in Padilla v. Kentucky, criminal defense lawyers have a duty to advise noncitizen clients about deportation risks. Your lawyer can only protect your immigration status if they know about it. This is especially important before any plea. Read more: Why Immigrants Should Talk to an Immigration Lawyer Before Pleading Guilty.

Can a green card holder travel with a criminal record?

Sometimes, but travel can be risky. A permanent resident who has committed certain offenses may be treated as seeking a new admission when returning to the United States, which can lead to questioning, detention, or a referral to immigration court. Have your record reviewed before you book any trip. Read more: Traveling as a Green Card Holder With a Criminal Record.

Have a question that is not answered here? Book a consultation or visit our contact page to get in touch.