FELONIES
Felonies are the most serious criminal offenses. Felonies are divided into five categories: first, second, third, fourth, and fifth degrees. Felonies of the first degree are the most serious and felonies of the fifth degree are the least serious.
1st Degree Felony - 3 to 11 years in prison. Maximum $20,000 fine.
2nd Degree Felony - 2 to 8 years in prison. Maximum $15,000 fine.
3rd Degree Felony - 9 months to 36 months (1 to 5 years in certain felonies) in prison. Maximum $10,000 fine.
4th Degree Felony - 6 months to 18 months in prison. Maximum $5,000 fine.
5th Degree Felony - 6 months to 12 months in prison. Maximum $2,500 fine.
Certain felonies such as Aggravated Murder, Murder, and Rape as well as certain sexual offenses and firearm offenses carry harsher penalties than their listed felony levels.
Specifications are enhancements that add additional mandatory prison time on top of the felony level sentencing. Specifications include firearm specifications, hate-crime specifications, child-victim specifications, and gang specifications.
MISDEMEANORS
Misdemeanor offenses are less serious than felony offenses. Misdemeanors are divided into five categories: first, second, third, fourth degrees and minor misdemeanors. Misdemeanors of the first degree are the most serious and minor misdemeanors are the least serious.
1st Degree Misdemeanor - Up to 180 days in jail. Maximum $1,000 fine.
2nd Degree Misdemeanor - Up to 90 days in jail. Maximum $750 fine.
3rd Degree Misdemeanor - Up to 60 days in jail. Maximum $500 fine.
4th Degree Misdemeanor - Up to 30 days in jail. Maximum $250 fine.
Minor Misdemeanor - No jail time. Maximum $150 fine.
Certain misdemeanors such as OVIs, traffic offenses, and drug charges carry mandatory jail time and license suspensions.
THE PROCESS
Investigation - A criminal case begins with an investigation initiated by a police department or investigative bureau. Their responsibility is to obtain and collect all evidence of potential criminal activity. During the investigation process, interviews may be conducted of the victim, suspect, and witnesses. It is vital to have representation present before and during any questioning. We are often able to intervene in the investigation process to prevent criminal charges being filed.
Charge or Indictment - After the investigation is complete, charges or an indictment will be filed.
Charges are filed directly by the investigative agency with the municipal court for misdemeanor offenses. Once a charge is filed, either a court date will be scheduled or a warrant will be issued for the defendant’s arrest.
Indictments are issued in felony cases in the common pleas court. Once the investigation is completed, the packet is given to a grand jury prosecutor for review. The grand jury prosecutor determines whether they believe there is enough evidence to issue an indictment, which requires probable cause, not proof beyond a reasonable doubt. If the prosecutor decides to proceed with the charges, the case is taken to grand jury. Grand jury is a very one-sided process where the defendant and his attorney are not allowed to be present. The prosecutor presents their case to jurors and is allowed to present evidence which may not be admissible at trial. If a majority of the jurors find that the prosecutor has probable cause to believe that a crime occurred, then an indictment will be issued. Upon indictment, either a court date will be scheduled or a warrant will be issued for the defendant’s arrest.
Oftentimes, whether a charge or indictment is issued, we are able to have the warrant set aside or able to avoid the individual being arrested or incarcerated.
Arraignment - The first court date is called an arraignment. The arraignment will not typically occur in front of the judge who will be assigned to the case, but instead is held in front of a random magistrate or judge. The purpose of arraignment is to enter an initial plea to the charges. Individuals typically will plead not guilty at arraignment even if they may later change their plea to guilty after negotiations. If an individual was arrested on a warrant, the arraignment court date is where a bond will be set. A bond is an amount of money which must be paid in order for an individual to be released from jail. As a condition of not being in custody, additional orders may be placed such as no contact with victims, no drugs or alcohol, no internet, no possession of weapons, or no contact with minors.
Pre-Trial - The second court date is called a pre-trial. Prior to this court date, defense counsel will typically request evidence from the prosecutor. A judge and a prosecutor will also be assigned to the case. At the pre-trial hearing, defense counsel and the prosecution, and sometimes the Court, will meet and determine whether there are any issues with the evidence. The primary objective is to determine whether or not all evidence has been provided to the defendant. Secondarily, the parties are to address whether or not they anticipate any motions that need to be filed such as competency, insanity, or suppression of evidence. Some plea negotiations may take place at this hearing.
Plea Negotiations - Plea negotiations are where the prosecution and the defense negotiate a potential outcome in the case. Often times, the Court is involved in these negotiations. Typically, the prosecution will offer to remove or reduce the charges in exchange for the defendant changing their plea from not guilty to guilty. The parties may also agree on a sentence, such as counseling, probation, or a specified amount of incarceration. Multiple court dates may occur during this plea negotiation phase. If a plea agreement is reached, a plea hearing will be scheduled. If a plea deal cannot be reached, a trial will be scheduled.
Plea Hearing - A plea hearing occurs when the defense and the prosecution have reached an agreement regarding the charges to be pled to, typically after dismissal or reduction of charges, At the plea hearing, the defendant will be advised by the Court of the trial rights that are being waived since a trial will not be held. The defendant will enter a plea of guilty and a sentence may be imposed on that date or on a later date.
Trial - A defendant has a constitutional right to trial. There are two types of trials.
A bench trial is a trial without a jury, solely in front of the judge. Both sides, the prosecution and the defense, are allowed to present their cases to the judge. The judge will determine whether or not the prosecution has proven the defendant’s guilt beyond a reasonable doubt. If the Court finds the defendant guilty, the Court may sentence the defendant immediately or at a later date. If the Court finds the defendant not guilty, then the case is closed and the defendant may file to have the charges sealed.
A jury trial is a trial to a jury of your peers. Twelve jurors are selected after a voir dire process, along with two alternates. Both sides, the prosecution and the defense, are allowed to present their cases to the jury. The jury then must unanimously determine whether or not the prosecution has proven the defendant’s guilt beyond a reasonable doubt. If the jury unanimously finds the defendant guilty, the Court may sentence the defendant immediately or at a later date. If the jury unanimously finds the defendant not guilty, then the case is closed and the defendant may file to have the charges sealed. If the jury is unable to reach a unanimous verdict, it is considered a hung jury and a new trial may be held.
Sentencing - Once a defendant pleads guilty or is found guilty at trial, a sentencing hearing is held to determine the appropriate sentence. Prior to sentencing, defense counsel will typically obtain background information about the defendant, letters of support, documentation regarding positive characteristics of the defendant, mental health or drug treatment program screenings, or any other information that may be helpful to mitigate on behalf of their client. At the sentencing hearing, victims, family of the victim, the defendant, and family of the defendant will have an opportunity to speak to the judge, if they so desire. After listening to arguments from the prosecution and the defense, and after reviewing all relevant documentation and statements, the Court will sentence the defendant. The sentence may include prison terms, jail time, restitution, probation, counseling, drug or mental health treatment, forfeiture of money or property, license suspensions, fines, and court costs.
Appeal - After a conviction, whether by guilty plea or trial, a defendant has a constitutional right to appeal. An appeal is where a motion is filed with a higher court, the Court of Appeals, to determine if any errors were made during the process. Errors can include prosecutorial misconduct, newly discovered evidence, ineffective assistance of counsel, admittance of improper evidence, verdict against the manifest weight of the evidence, and other grounds. If an appeal is successful, the Court of Appeals may order a new trial to be held, evidence to be excluded, new attorneys to be assigned, or any other appropriate remedy.