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Common Pleas Court

Legal steps for Felony charges:

1. Crime reported
   
2. County Court Arraignment
   Usually within 72 hours of arrest. Defendant informed of charges; attorney obtained, plea entered, and bond set.
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3. Preliminary Hearing
   Within 10 days of arrest (15 days if out on bond). Purpose is to determine whether there is PROBABLE CAUSE to believe a crime was committed and if this defendant probably committed that crime. If so, defendant is bound over to Grand Jury.
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4. Grand Jury
   Within 60 days of preliminary hearing. Evidence is reviewed to determine which charges, if any, to prosecute. Prosecutor is present with the witness before the Grand Jury - no defendant, defense attorney, or judge.
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5. Common Pleas Court Arraignment
   Usually within 10 days of Grand Jury indictment a plea is entered, bond re-examined, and pre-trial conference time set.
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6. Pre-Trial
   Motions filed and/or plea agreement reached. In a plea bargain the prosecutor allows the defendant to plead guilty to reduced or different charges. Reasons to plea bargain for the prosecution include:
   1. Avoid the time, delay and expense of a trial and/or
      
   2. Lack of evidence to clearly prove the charge
      A plea of guilty to a lesser charge insures the prosecutor that the defendant will at least get some criminal record and sentence. The reasons to plea bargain for the defendant are to accept guilt on a lesser charge and receive a lighter sentence, instead of the possibility of being found guilty on more serious charges, and/or avoid the time and expense of a trial.
      
7. Trial
   Occurs if no plea agreement is reached. Must be found guilty BEYOND A REASONABLE DOUBT by every juror or the judge.
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8. Pre-Sentence Investigation (PSI)
   Input and opinion of victim(s) considered along with background of offender and facts in the case to determine sentence for specific charge within limits established by law.
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9. Sentencing
   The punishment imposed by the court.
   
   

Usual Time Lapse Between Hearings

Felony

• Preliminary Hearing for felony
  
• If offender is out on bail, the hearing must be within 15 days
  
• If offender is incarcerated, the hearing must be held within 5 days
  
  
• Trial for felony
  
• If offender is out on bail, the trial must be within 270 days (9 months)
  
• If offender is incarcerated, the trial must be held within 90 days
  

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This information is a brief overview. For a more complete summary and a link to the complete law, see Ohio Laws Summary.

For victims of all property and violent felony crimes
(Effective July 1, 1996. Laws and their interpretation may change.)

Notification Rights

• Of Arrest, defendant name, charge, and case number
  
• Of eligibility for release hearings and releases
  
• To talk to prosecutor before plea bargain (when practical)
  
• (Upon request) Of date, time and place of all hearings and results, convictions and dismissals, sentence, appeals and early release hearings and results.
  
• Victims may choose someone else to get these notices, or not to receive notices.
  
• Other rights, services, incarceration information.
  
  

Victim Impact Statements

Victims may make a statement to the judge about physical and emotional harm, property losses, and opinions for a pre-sentence investigation, at sentencing, and early release hearing.

Be Present

Victims may attend any hearing the defendant is present, unless judge rules exclusion of the victim is necessary to guarantee a fair trial. If practical, court must provide a separate waiting area for victim.

Confidentiality

• Prosecutor may motion for the court to suppress victim or witness identifying information if there is fear from threats or violence.
  
• The court may suppress victim information from files, except when determining the crime location, and seal the transcript for hearing.
  

Employee Protections

Employers cannot punish victims for missing work because of time spent preparing for or attending hearings at the prosecutor's request or by subpoena.

Property Return

Law enforcement must promptly return victim's property unless it is illegal, ownership is disputed, prosecutor certifies it must be kept instead of photographed or the judge promptly rules the property must be held as evidence.

Support Person

At victim's request, the judge must permit a support person to accompany the victim unless the judge rules this will cause an unfair trial for the defendant.

Speedy Prosecution

If practical, prosecutor must inform victim of possible delays. If victim objects, the prosecutor must inform the judge and the judge must consider the victim's concerns before approving delays.

Protection

• Temporary Protection Orders may be requested at arraignment, and be in effect until sentencing.
  
• "No contact" with victim may be made a condition of bond and probation.
  
• Civil Protection Orders and Temporary Custody may be requested through Domestic Relations Court.
  
• Victim should contact law enforcement if threatened.
  

Getting Money Back

• Compensation- A state of Ohio program to pay violent crime victims' medical bills, lost wages, counseling, deductibles, prescriptions, etc. Crime Victim Services has applications, or call Columbus at 1-800-824-8263.
  
• Restitution – The criminal may be ordered to pay the victim back for damages or expenses.
  

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