Criminal Court Case Process

I’ve never been charged with a crime before. What is the process of a criminal case in Ohio?

A criminal case in Ohio has many phases. Here is a brief list.

• Initial Charge
• Initial Appearance
• Preliminary Hearing
• Discovery Phase
• Pretrial motions
• Plea hearing
• Trial
• Sentencing
• Post Sentencing

Initial charge

The police or prosecutor can file charges when they believe there is probable cause that a crime has been committed.

• For misdemeanors, the police or prosecutor file a complaint with the local court. Misdemeanors are handled in a municipal court.
• For felonies, the prosecutor must get an indictment to charge someone.
  • In order to get an indictment, the prosecutor must prove to a grand jury that probable cause exists. These grand jury hearings are closed to the public. Only the prosecutor gets to provide evidence. The person accused, or their defense attorney, does not get to appear. If the members of the grand jury believe that probable cause exists, they sign off on the indictment and the person will be formally charged with a felony. Felonies are handled in a common pleas court.

Once someone is charged, the police or prosecutor either issues a summons or a warrant.

• A summons is a notice that the court mails out. This notice lets the person know when their initial hearing is.
  • With misdemeanors, this notice is often given out by the police at the time of the charging incident. For example, if the police pull you over for a speeding charge, they will give you a ticket with your court date on it.
  • For felonies, these notices are mailed out by the court after the indictment.
    • IMPORTANT: It’s possible that the court will not have the person’s correct address. In this instance, the person will not get their court notice and will likely miss the initial hearing. This can lead to a warrant being issued. Therefore, if you have any indication that you are about to be indicted, you need to constantly check the clerk of courts website. Almost all common pleas courts in Ohio have their records online. You can search cases by your name.
      • If you find yourself in this situation, it’s important to call an attorney as soon as possible. An attorney can often contact the prosecutor and get these warrants removed.
• The police or prosecutor can also decide to issue a warrant after someone is charged. This often happens for violent crimes. When there is a warrant, the case will not get set for an initial hearing until you are arrested or turn yourself in.
  • If you find out that you have a warrant, it is important to contact an attorney as soon as possible. An attorney can contact the prosecutor and try to set the warrant aside or avoid you having to spend a night or two in jail. Some courts in Ohio will let an attorney schedule an initial hearing while there is a warrant pending. It is important to note that the person’s warrant will be active up until this scheduled hearing. Therefore, if the police find them before the hearing, they will be arrested and taken to jail.
  • An attorney will try their best to remove the warrant. However, it depends on the level of offense and the particular court jurisdiction your case is in.

Initial court appearance

This is known as an arraignment. This is where you enter an initial plea and receive a bond from the court.

• Different types of arraignment pleas.
  • Guilty Plea.
    • This is just like it sounds. It’s a complete admission to the charge. Some people will do this if they don’t have a very serious charge and just want to get the case over with. Even if you have just a minor traffic ticket, this is highly inadvisable. An attorney can still try to reduce penalties, even on minor traffic tickets. You can find yourself with unnecessary fines and probation if you decide to enter a guilty plea at the arraignment.
  • No Contest Plea
    • You aren’t admitting to the charge with this plea. However, you are acknowledging that the facts within the ticket or complaint are accurate. Effectively, this is a guilty plea. The judge will almost always find you guilty when you enter a no contest plea at arraignment. This plea is also highly inadvisable.
  • Not guilty plea
    • This is the most common type of plea at arraignment. This is a denial of the charge. This allows the case to continue towards the trial phase of the process. Once you enter a not guilty plea, the judge will address your bond on the case.
• Bond
  • Purposes of bond in Ohio
    • To reasonably assure that the person will appear for court.
    • For the protection or safety of the victim(s) or the community.
    • To prevent the person from obstructing the criminal process.
  • How the court determines the bond in Ohio
    • Dollar Amount
      • The dollar amount shall be based off of the person’s risk of not showing up to court, the seriousness of the offense, and the prior record of the person.
      • This amount shall be the least costly while also being sufficient to make sure the person shows up to court.
      • The court should not use monetary conditions to address safety concerns.
      • Monetary conditions must take into consideration the person’s financial circumstances.
    • Non money related conditions
      • Concerns for the safety of the community should be addressed with non-monetary conditions
        • GPS Monitoring
        • House arrest
        • Travel restrictions
        • Work release
        • No contact with the victim(s)
        • No alcohol or drug use
        • Alcohol or drug treatment
  • Types of bonds in Ohio – 3 main types
    • Recognizance
      • This is a bond that doesn’t require you to post any money. You sign off that you will appear for all of your court dates and abide by all conditions of the bond. If you receive a summons for your arraignment, it is highly likely that you will get a recognizance bond when you appear for that arraignment.
    • Appearance
      • This requires you to pay 10 percent of the bond. This is often paid to the clerk of courts. The court will return 90 percent of this back once the case is over and all bond conditions have been followed.
    • Surety
      • This is often posted by a bail bonds person. The bonds person requires you to pay 10 percent of the bond and then they post the bond with the court. Unlike an appearance bond, you will not get 90 percent back once the case is finished. If you fail to appear for court, the bonds person will hire someone to track you down and bring you into custody.
      • Another less common way to post a surety bond is to attach property or securities to the bond. Most people don’t do this because you could forfeit this property if you fail to appear for court.
  • Timeframe for initial appearance and bond hearing for people in jail.
    • Ohio law says that if someone is arrested, they must be brought in front of a judge within two court days (business days) of the arrest.
      • IMPORTANT – Some prosecutors and police often misinterpret this law. They believe that they are allowed to hold someone for two days without charging them. If you know someone who finds themselves in this situation, you need to hire an attorney to immediately contact the court and possibly file a writ of habeas corpus if the court denies the hearing within two court days.
• Speedy trial time in Ohio
  • Every criminal case in Ohio must be brought to trial within a certain amount of days. If it doesn’t, then the case will be dismissed. The amount of time depends on the level of the charge.
    • It’s important to note that certain things can put a hold on the speedy trial time. For example, if the accused files for a continuance, the speedy trial time does not count during that timeframe. There are many other items that can pause the time. However, the time will generally not pause if the prosecutor requests a continuance. Talk with your attorney if you believe there is a speedy trial issue in your case.
    • Minor Misdemeanor in Ohio
      • Must be brought to trial within 30 days of the complaint.
    • 3rd and 4th degree misdemeanor in Ohio
      • Must be brought to trial within 45 days of the complaint or arrest.
    • 1st or 2nd degree misdemeanor in Ohio
      • Must be brought to trial within 90 days of the complaint or arrest.
    • Any felony in Ohio
      • Must be brought to trial within 270 days of the charge or arrest.
  • Expedited time if you are in jail
    • A person will get 3 to 1 speedy trial time credit if they are in jail. For example, it you are charged with a 1st degree misdemeanor and you are in jail, the prosecutor would only have 30 days to bring you to trial (30 x 3 = 90).
      • If you are being held in jail on two or more cases, you will not get this 3 to 1 time.
  • The importance of speedy trial
    • This prevents the prosecutor from requesting endless continuances if their witnesses do not show up to court.
• Potential penalties for crimes in Ohio
  • Minor Misdemeanor
    • Max fine of $150. No jail time.
  • 4th degree misdemeanor
    • Max fine $250. Max jail time is 30 days.
  • 3rd degree misdemeanor
    • Max fine $500. Max jail time is 45 days.
  • 2nd degree misdemeanor
    • Max fine $750. Max jail time is 60 days.
  • 1st degree misdemeanor
    • Max fine $1000. Max jail time is 90 days.
  • 5th degree felony
    • Max fine $2500. Max prison time is 12 months.
  • 4th degree felony
    • Max fine $5000. Max prison time is 18 months.
  • 3rd degree felony
    • Max fine $10,000. Max prison time is 36 months or 60 months for certain violent offenses.
  • 2nd degree felony
    • Max fine is $15,000. Max prison time is 8 years.
  • 1st degree felony
    • Max fine is $20,000. Max prison time is 11 years.

Preliminary Hearing in Ohio

• These hearings are for people who commit a felony offense and the police decide to charge the person by writing a complaint, instead of waiting for the prosecutor to get an indictment through a grand jury.
  • This often happens for offenses of violence. The police are looking to arrest the person and take them to jail. It is completely up to the police’s discretion whether to arrest someone for a felony or just submit the info to the prosecutor and wait for an indictment.
• Like in a grand jury, the prosecutor must prove to the judge or magistrate that there was probable cause that the person committed the offense.
  • However, the accused and their defense attorney ARE allowed to participate. These are like miniature trials. The accused and their attorney are allowed to examine evidence and cross examine any witnesses. This can be very beneficial because a witness’s testimony is under oath. Therefore, it locks in their story for a potential future jury trial. This can come in handy if a witness decides to tell a different story at the jury trial.
• Potential outcomes of the preliminary hearing
  • The judge or magistrate finds there is probable cause and binds you over to the common pleas court.
    • In this situation, you will be given a bond and then you will wait until the prosecutor gets an indictment from a grand jury. If you post your bond, once you’re indicted, you likely will not have to post another bond.
      • In addition, your speedy trial time will continue to count down in this situation.
  • The judge or magistrate finds there is no probable cause.
    • In this situation, the case would be dismissed. However, since probable cause is such a low burden of proof, this will rarely happen.
• 2 other options for a preliminary hearing.
  • Waive hearing
    • A person can waive their preliminary hearing and agree to be bound over to the common pleas court, pending an indictment.
      • Typically, an attorney may recommend this route as a bargaining chip for a lower bond. A prosecutor could agree to ask for a lower bond so they don’t have to have a preliminary hearing.
    • It’s generally inadvisable to waive the preliminary hearing. Talk with an attorney before you decide what to do at the preliminary hearing.
  • Prosecutor can dismiss the charge and wait for a future indictment.
    • The reason prosecutors do this is because they don’t want the speedy trial clock to run down while the case is pending an indictment. You often see this in bigger cities that have a large case load. It can take them longer to indict a case than a smaller city with less crime.
    • In this scenario, the person is not tied to any court until the potential indictment comes through.

Discovery phase in Ohio

• A person has a right to inspect all of the evidence that could be presented against them. This can include witness lists, videos, text messages, and any other types of evidence that you could possible think of. This includes any evidence that could exonerate the person. Basically, if the prosecutor has it, they have to turn it over. This goes for the accused as well. Anything that could be used at trial must be turned over to the prosecutor. There’s not allowed to be any surprises.
• Your defense attorney will file a motion to request this information. Speedy trial time will be put on pause while the prosecutor gets the discovery to the defense attorney. Depending on what county the case is in, it could take anywhere from a couple days to a few weeks to get discovery.
• Your attorney will review discovery with you to determine the strengths and weaknesses of your case. This is when your attorney will determine if you have any suppression issues.

Pretrial motions/Suppression motions in Ohio

• These more often than not include suppression motions. If the police did not abide by the constitution during any stage of your charge or arrest, your attorney will request that the judge throw out evidence. People in Ohio are granted protections under the United States and Ohio constitutions.
• Constitutional protections.
  • Everyone living in the United States is granted protections under the US constitution.
  • Additionally, the Ohio constitution can give additional protections.
  • These protections include unlawful searches and seizures, reasonable suspicion to stop, probable cause to arrest, and Miranda warnings.
    • Searches and seizures in Ohio
      • Police need a justification to take away your freedom. If they do not have one, then your freedom has been violated.
    • Reasonable suspicion in Ohio
      • In order to detain someone, the police need reasonable suspicion that a crime has happened or is happening. Reasonable suspicion is the lowest burden of proof in the criminal system. You may have heard the term stop and frisk before. In order for the police to stop and frisk you, they need reasonable suspicion that you have committed or are committing a crime. If the police don’t have reasonable suspicion, you can terminate the encounter at any time and leave. An example of reasonable suspicion is the police noticing you didn’t use a turn signal so they pull you over. They can then detain you for as long as it reasonably takes to inquire and write you a traffic ticket. To detain you longer than reasonably necessary, they would then need additional reasonable suspicion or probable cause that you committed some other crime.
    • Probable cause in Ohio
      • Probable cause is the burden of proof that the police need to charge or arrest you for a crime. This is often how a traffic stop can lead to an arrest. If you are pulled over for speeding and the officer sees a bag of drugs in the vehicle, they then likely have probable cause to arrest you and search the vehicle without a warrant. Once probable cause has been established, they can hand cuff you, search your person, and place you in their squad car. The police then have the option to either take to you to jail and book you, or write you a ticket. If they book you, you likely will have to wait in jail until your bond hearing within two days. If they write you a ticket, you will be given a court date to attend in the near future.
        • It’s also possible that probable cause gets established at a later date. This often happens when police are not present when a crime happens. For example, if the police are called to a fight at a bar, they may not have enough evidence to arrest or charge someone until they watch surveillance footage. This can happen hours, days, or weeks after the initial incident.
    • Search warrants in Ohio
      • Police need to establish probable cause before a judge grants them a search warrant. The police have to put together a sworn affidavit that lays out the evidence they have. They must try to be as specific as possible when it comes to these search warrant affidavits. It cannot be a general bare bones affidavit. If they haven’t established probable cause, the judge must not issue the warrant.
    • Arrest Warrants in Ohio
      • When the police have probable cause to charge someone with a crime, they can issue an arrest warrant. This often happens when the police do not know the location of the person. People with arrest warrants often get arrested when they get pulled over for a traffic violation. Depending on the seriousness of the crime and what city you live, the police may actively go out and search for you. For example, if someone is charged with a violent crime like rape or murder, the police will almost certainly be on the lookout. However, if you are charged with a misdemeanor or non-violent felony and live in a bigger city like Columbus, Ohio, the police will likely not waste resources to search for you. They will either wait for you to turn yourself in or get stopped for a traffic violation.
        • It is important to note that there is a difference between a search warrant and an arrest warrant. A search warrant allows the police to enter and search someone’s property, like their home. An arrest warrant only allows the police to arrest someone if they encounter them. An arrest warrant will not allow the police to enter someone’s home. If the police knew that a wanted person was in a house, they would either have to wait for the wanted person to leave or they would have to go and get a search warrant to enter the house. However, the police would again have to establish with probable cause that the wanted person was indeed in the home.
    • Right to remain silent
      • “You have the right to remain silent. Anything you say will be used against you in court. You have the right to an attorney. If you can’t afford an attorney, one will be appointed to you.” Most people have heard this warning while watching a movie or TV show. However, most people probably don’t know that it is called the Miranda warning. It’s called this because it was established in the United States’ Supreme Court case Miranda v. Arizona. This warning falls under the Fifth Amendment to the U.S. Constitution. That’s why most people refer to it as taking the Fifth. The warning is required when a person is in custody and police are asking questions that could incriminate the person. If this warning is not read to the person, any incriminating statements made afterward could be thrown out. It is almost always a wise decision to remain silent when being questioned by police. The police are good at getting people to lie or embellish a story.
    • Fruit of the poisonous tree
      • When the police fail to establish the correct burden of proof to detain, search, or arrest, a person can ask the court to throw out evidence that was found after the police’s error. For example, a police officer pulls someone over for not using a turn signal. The police then find drugs in the car and charge the person with a felony. However, when the person’s attorney watches the dash cam video on the police car, it turns out that the person did use a turn signal. That person can then file a motion and ask the judge to throw out the drugs. The judge should do this because everything after the illegal stop is tainted. Thus, the drugs were the fruit and the illegal stop was the poisonous tree.
• Defense attorneys are the last line of defense for illegal searches and seizures. A good attorney can review the discovery to determine if the police violated any of your constitutional protections. Police are required to abide by the constitution and it’s my job to make sure that they are held to that standard.
• These pretrial motions need to be filed in a timely fashion so it’s important to talk with an attorney as soon as possible.

Plea hearings in Ohio

• Plea bargains are how most cases are resolved. This happens when the prosecutor and the accused come to an agreement on a charge and, potentially, a sentence.
  • If the prosecutor has potential holes in their case, they may choose to let the accused plea to a lesser charge to avoid going to trial.
  • Conversely, the accused may want to avoid the risk of being found guilty at trial. For serious crimes, this can help the accused to avoid jail or prison exposure.
• Types of pleas
  • Joint recommendation
    • Where the accused and the prosecutor recommend a sentence to the judge.
      • For example, say someone is originally charged with a 2nd degree felony. This has a possible penalty of 2 to 8 years in prison if convicted. The prosecutor offers to let this person plea to a 5th degree felony and recommends probation. The person agrees to this offer so there’s no risk of losing at trial and potentially doing 2 to 8 years in prison.
    • The judge doesn’t have to go along with the recommendation. However, they often agree to the recommended sentence. They do this because it helps to reduce the number of open cases they have on their docket. If judges constantly disregarded joint recommendations, then defense attorneys would stop advising their clients to accept plea bargains. This would cause more cases to go to trial and clog up the court system.
  • Open Plea
    • This is where the prosecutor and the accused agree to plea to a particular charge or charges but they don’t agree on a sentence. They leave it up to the judge to determine the sentence. At sentencing, both the prosecutor and the accused will argue what they think the proper sentence should be.
      • Open pleas should be avoided if possible. Especially if the particular charge comes with a wide range of prison time. For example, if someone takes an open plea on a 1st degree felony, the judge can give them anywhere from 3 to 11 years. Having an experienced attorney can potentially help you avoid this type of situation.
• What happens at a plea hearing?
  • The judge needs to make sure you are voluntarily entering a guilty plea. The judge needs to go over the constitutional rights you are waiving when you enter a guilty plea. They also need to go over the possible punishment.
    • Voluntariness
      • The judge first makes sure that no one has pressured you into taking a plea. If the judge thinks that someone is forcing you into the plea, they will not accept it.
    • Constitutional rights you waive
      • The United States and Ohio constitution grant you certain trial rights. When you enter a guilty plea, you are waiving these rights.
        • The right to have your case heard by a judge or a jury.
        • The right to have the prosecutor prove the case beyond a reasonable doubt.
        • The right to cross examine any witnesses that the prosecutor has testify at trial.
        • The right to subpoena and force people to come testify on your own behalf.
        • The right to not testify at trial if you don’t want to. If you choose not to testify, the judge or jury is not allowed to say you’re guilty just because you chose not to.
        • You also waive many appeals rights. For example, say there was a jury trial. At trial, your attorney might object to a piece of evidence. The judge could overrule, or disagree, with that objection. After the trial, you could file an appeal based on the judge’s ruling.
          • If you plead guilty, you won’t have a trial so you won’t find yourself in that type of situation.
    • Potential punishments
      • Minor Misdemeanor
        • Fine can be $0 to $150. There is no possible jail time for a minor misdemeanor.
      • 4th degree misdemeanor
        • Fine can be $0 to $250. The possible jail time can be 0 to 30 days.
      • 3rd degree misdemeanor
        • Fine can be $0 to $500. The possible jail time can be 0 to 60 days.
      • 2nd degree misdemeanor
        • Fine can be $0 to $750. The possible jail time can be 0 to 90 days.
      • 1st degree misdemeanor
        • Fine can be $0 to $1000. The possible jail time can be 0 to 180 days.
      • 5th degree felony
        • Fine can be $0 to $2500. The possible prison term can be 6, 7, 8, 9, 10, 11, or 12 months. Probation is likely if you have no record.
      • 4th degree felony
        • Fine can be $0 to $5000. The possible prison term can be 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, or 18 months. Probation is likely if you have no record.
      • 3rd degree felony
        • Fine can be $0 to $10,000. The possible prison term can be 9, 12, 18, 24, 30, or 36 months. For certain violent offenses, the possible prison term can be 12, 18, 24, 30, 36, 42, 48, 54, or 60 months.
      • 2nd degree felony
        • Fine can be $0 to $15,000. The possible prison term can be 2, 3, 4, 5, 6, 7, or 8 years. Prison is likely for these charges. However, probation is still possible as long as the sentence doesn’t call for mandatory prison.
      • 1st degree felony
        • Fine can be $0 to $20,000. The possible prison term can be 3, 4, 5, 6, 7, 8, 9, 10, or 11 years. Prison is likely for these charges. However, probation is still possible as long as the sentence doesn’t call for mandatory prison.
  • After the plea is taken
    • Sentencing
      • Misdemeanors
        • For most misdemeanors, you will be sentenced immediately after you enter a guilty plea. If you have little or no prior record, you’re more likely to get sentenced to probation or just have to pay a fine. If you have significant record, you could be sent to the local jail as part of your sentence.
      • Felonies
        • Most people will be sentenced at a later date. These people will be ordered to get a pre-sentence investigation. This report is done by the court’s probation department. The report will have info in it to help the judge determine the proper sentence. It usually includes the facts of the case, history of the defendant, and the defendant’s statement about the charge.
        • Some people will get sentenced right after they plead guilty. This generally happens with joint recommendations for prison time. Even if there is a joint recommendation for probation, most judges will still order a pre-sentence investigation. This helps determine what conditions of probation the person may need.

Trial in Ohio

• If the case isn’t resolved by plea bargain, then the case will head to trial. You can have a jury trial or a trial to the judge. Generally, most people decide to have a jury trial.
  • Why would someone waive the jury trial and have a trial to the judge?
    • Someone may decide to have a trial to the judge if the case involves a complicated piece of law that the judge may understand better than a jury.
• What are the different phases of a jury trial?
  • Preliminary matters
    • Your attorney can choose to address matters that may pop up during the trial. They would file something called a Motion In Limine. For example, if your attorney knows that the prosecutor will try to admit a piece of evidence that will damage your case, he could try to object to it before the trial. This way, the jury will never even hear about it.
  • Picking a jury
    • This phase is called Voir Dire. Both the prosecutor and the defense attorney will have a chance to talk with the jury pool and ask them questions. This helps to try to eliminate anyone that may have biases or think unfavorably of the accused.
      • For misdemeanor trials, the prosecutor and your attorney will each be able to remove 3 people from the jury. These are called preemptory challenges.
      • For felony trials, the prosecutor and your attorney will each be able to remove 4 people from the jury.
      • In addition to these preemptory challenges, jurors can be removed for cause. This can be any number of things.
        • Something could prevent them from being fair and impartial.
        • They could have a physical limitation like not being able to hear or see very well.
        • They could have a vacation scheduled that would prevent them from attending the entire trial.
  • Opening statements
    • Once the jury is set, both parties start by giving their opening statements. This is the time for the prosecutor and the defense attorney to try and paint a picture to the jury about what they are going to hear. This is an important part for the defense because the prosecutor gets to present their evidence first. It’s a chance to plant a story in the jurors’ minds so they wait to make any conclusions until the whole trial is over.
  • Prosecutor’s case
    • The prosecutor presents all their evidence first. They call any person that might have relevant information about the case. They must prove every element of a crime beyond a reasonable doubt.
      • Your defense attorney will be able to cross examine every witness that the prosecutor has testify. This allows the defense attorney to chip away at the prosecutor’s case.
  • Defense’s case
    • The defense can call any witness that may have relevant information about the case. The most important decision to make is whether the accused will testify. You will want to have a discussion with your attorney to determine if testifying is the proper decision. Again, the accused does not have to testify if they don’t want to.
  • Closing
    • This is where both the prosecutor and the defense attorney get to make one last argument to the jury. The prosecutor will go through each element of the crime and tell the jury that they have proved each beyond a reasonable doubt. Conversely, the defense attorney will bring up all the issues and tell the jury that they should have reasonable about any or all issues. This is a very important phase because it’s the last thing the jurors will hear before they go and discuss the case amongst themselves.
  • Jury deliberation and verdict
    • The jurors go into a room and talk only with themselves until they reach a decision. The jurors must come to a unanimous decision. Meaning, to find the accused guilty, every juror must vote that the person is guilty. If even one juror thinks the person is not guilty, then there can’t be found guilty. If this happens, it is called a hung jury.
      • If there is a hung jury, the trial is over and the case will continue on. It’s possible that there will be another jury trial in the future. However, the speedy trial clock will likely become an issue at this point. Often time when there’s a hung jury, the prosecutor will either dismiss the case or offer a reduced charge.

Sentencing in Ohio

• This is where the judge determines what the guilty person’s punishment will be. The punishment can range from a fine to prison time. Unless you’re charged with a low level misdemeanor, it’s likely that the judge will either sentence you to probation or jail/prison.
  • Probation
    • This is a way for the judge to defer your sentence to make sure you behave. For example, a judge sentences you to 1 year in prison. The judge than suspends the prison time and gives you 3 years of probation. The conditions of probation are that you don’t commit any new crimes, don’t consume any alcohol or drugs, and report to your probation officer once a month. If you don’t violate any of those conditions in three years, then the sentence will end and you will not have to do any prison time. If you do violate a condition, the judge could sentence you to that year in prison.
  • Diversion
    • This is a type of probation that usually ends with the case getting dismissed. Generally, only people with no prior criminal record will qualify for a court’s diversion program. You will often see this with theft cases. It’s important to note that diversion programs require you to enter a guilty plea in order to enter the program. Therefore, if you fail to complete the conditions of the program, then you will be sentenced to the charge. You will likely not be able to withdraw your plea and have a trial.
      • Here’s an example of a diversion situation. You are charged with stealing $200 worth of products from a store. The prosecutor offers to let you complete a theft diversion program. The program requires you to pay back the $200 you stole, take a theft awareness class, and complete 20 hours of community service. This must be completed within 60 days. You choose to accept the offer and enter the diversion program. You would enter a guilty plea to the theft charge. This guilty plea gets held open until you either complete or fail to complete the program. If you complete the program, the court rips up the guilty plea and the case is dismissed. If you fail to complete the program, the court will sentence you for the theft charge.
  • Jail or prison
    • If the judge determines that you aren’t a good candidate for probation, they will sentence you to jail or prison.
      • Jail – This means the local county jail. This is reserved for people who have sentences of less than one year. This is also where people are held while their cases are going on.
      • Prison – This is the Ohio Department of Rehabilitation and Corrections. This is for people who have sentences of one year or more.
    • If you are sentenced on more than one charge, the sentences will either be concurrent or consecutive to each other. The judge determines this based off certain factors like prior criminal history and seriousness of the crime.
      • Concurrent – Both charges count down at the same time. For example, if you are sentenced to two charges and both have 1 year sentences, then you will only do 1 year of prison time.
      • Consecutive – Each charge gets added to the other charge(s). For example, you are sentenced to two charges and both have 1 year sentences, then you will do two years in prison.
    • Good time credit and sentence reduction in Ohio
      • If you are sentenced to a felony in Ohio, and it is not a mandatory sentence, you may be eligible to earn good time credit. You can earn a reduction of up to 30 percent if you faithfully observe the rules of the prison. It will also help to complete educational programming, engage in pro-social groups, and complete meaningful community services within the prison.
    • When will I be sent to jail or prison?
      • The judge can immediately order you into custody or they can give you a turn in date in the future. This generally depends on the seriousness of the crime and what court jurisdiction you are in. Basically, if the judge has any doubt that you will turn yourself in, they will have you taken into custody at the sentencing hearing.

Post sentencing

• Appeal
  • You can appeal certain issues that may have popped up during your case. This must be done within 30 days of the sentencing hearing. For example, if the judge denied a suppression motion that you filed, and you feel they made the wrong decision, you could appeal the decision to the court of appeals. The 30 day time frame is very strict so you’ll want to speak with an attorney as soon as possible after you are sentenced.
• Judicial Release / Early Release in Ohio
  • This is where you ask the judge to let you out of jail or prison early.
  • What crimes are not eligible for judicial release?
    • Charges that come with mandatory time.
    • Some crimes committed while holding public office.
  • When am I eligible for Judicial Release / Early Release in Ohio?
    • Important note: These all refer to non-mandatory prison terms. If you have a mandatory term and a non-mandatory term as part of the same sentence, you must wait until the mandatory time has been served until the clock will start ticking on your eligibility for the non-mandatory term.
    • If your prison or jail term is less than 2 years, you are eligible at any time after you are delivered to prison.
      • Important note – Just because you are eligible immediately, it is generally unwise to file for early release immediately. The judge will likely get upset if you file much too early.
    • If your prison term is at least 2 years but less than 5 years, you are eligible after 6 months from the date you are sent to prison.
    • If your prison term is exactly five years, you are eligible after you have served four years.
      • VERY IMPORTANT – You will notice the large difference between having a sentence that is exactly 5 years and a sentence that is less than 5 years. (4 years for eligibility on a 5 year sentence and 6 months for eligibility on a 4 year and 11 month sentence). It is very important that your attorney try to plead you to a sentence of less than five years. It potentially can save you 3 ½ years of your freedom.
    • If your prison term is more than 5 years but less than 10 years, you are eligible after you have served 5 years.
    • If your prison term is more than 10 years, you are eligible after you have served half of your sentence.
  • What happens after I file for Judicial Release / Early Release in Ohio?
    • The judge can immediately deny the request without a hearing. This often happens if the judge believes the person filed way too early.
      • NOTE – An attorney can request an informal meeting with the prosecutor and the judge to discuss a possible request for early release. Sometimes, the judge can indicate on whether they think it’s too early to file for an early release. This can prevent annoying the judge by filing a request way too early.
    • The judge can request the person’s institutional report from the prison. Based off that, the judge will either deny the request or set it for a hearing.
      • If the judge sets the case for a hearing, it’s a good indication that they’re considering releasing the person.
    • It’s important to note that if the judge holds a hearing and denies the request, the person is no longer able to file for early release anymore. Therefore, it’s very important to hire an attorney for these requests. An attorney can speak with the judge before the hearing and get an indication of what they might do.
• Probation Violation / Revocation in Ohio
  • If you violate a condition of probation, your probation officer can request that the judge revoke your probation. This means that you could be looking at getting stricter conditions of probation or, even worse, getting sentenced to the suspended jail or prison time that is hanging over your head.
  • What can happen if I violate a condition of my probation?
    • The probation office can schedule a review hearing with you. Here, they basically will tell you that you need to abide by probation or the next time they will file a statement of violations with the judge and ask to have your probation revoked.
    • The probation officer can file a statement of violations with the court and request to have your probation revoked.
      • The probation officer can request that the court schedule a hearing.
      • The probation officer can take you into custody on a probation holder and you will be held in jail until your hearing.
        • In this instance, an attorney can file for a bond hearing to try and remove the holder and get you a bond.
  • What happens at the violation / revocation hearing?
    • The court first needs to determine if there’s probable cause that a violation occurred. As we’ve discussed before, probable cause is not a high bar to overcome. However, you are entitled to a hearing. The prosecutor and probation officer must present evidence at this hearing.
    • If probable cause is established, the court will set the case for a violation hearing. The standard of proof for this hearing is preponderance of the evidence. This means that it’s more likely than not that the violation occurred. Basically, 51% to 49%.
    • If the court determines that a violation occurred, then they will sentence you. They can do anything from give you a warning and place you back on probation or revoke your probation and give you the jail or prison time hanging over your head.
  • It’s important to hire an attorney for a probation violation because they can try to minimize the damage by speaking with the probation officer, prosecutor, and judge.
• Expungement / Record Sealing
  • See detailed expungement / record sealing page