Felony Steps in the Justice System
Case can be dismissed at any time.


* Victim/Witness May Testify

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.

  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.

  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.

  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.

  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.


Felony Degree/Maximum Penalties

Degree                             Time in Jail                     Fine
1st                                         3-10 years                        $20,000
2nd                                       2-8 years                              15,000
3rd                                        1-5 years                               10,000
4th                                       6-18 months                         5,000
5th                                       6-12 months                         2,500

Usual Time Lapse Between Hearings
Arraingment - 3-7 days (average)
Preliminary hearing* - 4-6 weeks
Grand Jury hearing* - 3 days
Common Pleas Arraignment Sentencing
Pre-trial - 4-6 weeks
Trial* - 4-6 weeks
Sentencing

* Victim may testify

Ohio's Victims Rights' Law - For Felonies
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, call Columbus at 1-800-824-8263, or visit the website athttp://www.ohioattorneygeneral.gov/victimscompensation.aspx/?from=nav.
  • Restitution – The criminal may be ordered to pay the victim back for damages or expenses.