What is a Felony in Ohio?
One classification of crime in Ohio is a felony, which is more serious than a misdemeanor and can result in incarceration in a state prison rather than a local jail. A felony is defined under Ohio Revised Code Section 2901.02 (A)(1) as a crime that could result in at least one year imprisonment. Felonies are further classified into different categories based on the severity of the offense. The lowest category is a fifth-degree felony. From there, fifth-degree felonies become more severe in each category in the following order: fourth-degree felony, third-degree felony, second-degree felony, and first-degree felony. Some attempted felonies may be one degree lower than the actual crime committed.
The punishment for a felony conviction increases in severity with each recidivism of the same type of felony. If the crime involves a victim who is disabled or elderly, or if it is an aggravated case, the court may impose a more severe penalty . A one-year prison sentence is usually the minimum for a felony in Ohio. Very serious crimes, like aggravated murder, result in prison time of 11 years to life, and aggravated murder could potentially result in the death penalty.
Common felony offenses in Ohio include assault, burglary, aggravated robbery, involuntary manslaughter, aggravated vehicular homicide, having weapons while under disability, drug dealing, and supporting child pornography, among other offenses. While most misdemeanors can be charged as a felony if the individual has past convictions, some are not allowed to be charged as a felony after the conviction of a specified amount of such offenses. For example, petty theft — the unlawful taking of items of less than $1 in value — can only be charged as a misdemeanor without a documented prior conviction of shoplifting.
Arrest & Arraignment: The Beginning Stages
The initial stages of the Ohio felony court process begin when a person is arrested for a felony charge. Once charged, the accused will remain in custody until he or she can appear before a judge at an arraignment hearing. This process typically only takes a few days, at which point the defendant will learn the exact charges against him or her, is ordered to hire an attorney or have one assigned, and is given the opportunity to enter a plea. But it all starts at the arrest.
Upon being arrested on a felony charge, the defendant will be taken to the local jail where he or she will be asked to sign paperwork and will be booked. Booking is an involved process that will include fingerprinting, photographs and a thorough search. you’ll also be strip searched and may be questioned about the crime for which you were arrested. It should be noted that, at the point of arrest, you have the right to be treated humanely without being inhumanely touched. Basically, the police can arrest you and take you to jail, but once you are in the system, you have the right to have your phone calls answered and returned, to have adequate food, clothing and shelter, and to have your telephone calls forwarded and/or monitored. You do not, however, have the right to do whatever you like while in custody. You must submit to being strip searched and interrogated if requested. If they search you without permission but find nothing illegal, there isn’t much you can do about it. However, if they search you without permission and find bloodied money or drugs all over your clothes, that’s a different story. That may be cause for suspicion of a crime. After the booking process is completed, the accused will be taken to the court where he or she will stand before a judge. These arraignment hearings are typically held in the morning during regular court hours. Arraignment hearings are open to the public so friends and family members can attend. All arraignments are held without a jury present. The accused will be advised of his or her rights, the nature of the charges, the possible penalties for a conviction, and the right to an attorney. Once all of the formalities have been explained, you also have the opportunity to plead guilty, not guilty or no contest. This is essentially the only opportunity that the defendant will have to plead guilty without first consulting with an attorney. The plea will have a direct effect on the outcome of the case so it’s important to keep in mind the possible consequences of a guilty plea prior to making your choice. Guilty: Pleading guilty to a felony crime means that you acknowledge the charges against you and are willing to accept full responsibility for the crime. You are essentially agreeing to the prosecution’s case and accepting the sentence without any negotiations regarding lesser charges or reduced sentences. Upon pleading guilty, there is no need for a trial. Not Guilty: A not guilty plea indicates that you dispute the charges against you. You will have the opportunity to rebut each claim made by the prosecution in order to prove your innocence, although you will be required to provide some level of evidence to support your case. Since this is a criminal proceeding, the prosecution must prove the charge beyond a reasonable doubt. The defendant doesn’t have to prove anything. No Contest: A no contest plea indicates that you do not wish to take a position either in the face of the criminal charge against you. You acknowledge the facts of the case, but you refuse to admit guilt or dispute charges on record. No contest pleas are most often entered to prevent the defendant from being found guilty by reason of double jeopardy. After the arraignment hearing, the judge sets a date in which to appear before the court again. You are released from prison until that time. Sometimes the judge will set bail, which allows the defendant to leave the jail until the next hearing date. Other times, the accused is prohibited from any contact with victims or witnesses during the process. Whether or not bail is granted often depends on the severity of the charges, prior criminal history and the perceived possibility of flight risk. Finally, the defendant will be given information relating to the specific nature of the charges, the possible penalties if convicted, and the likelihood of being subject to the death penalty. All of the aforementioned details will be allocated during a sentencing hearing that will take place sometime in the future. Once the arraignment hearing is complete, the accused is allowed to return home until the next hearing date.
Preliminary Hearings Explained
The preliminary hearing in Ohio felony court is meant to determine, at the most basic level, whether or not the accused will face trial. As a general rule, preliminary hearings are reserved for felony charges made in the Common Pleas Court. (Other courts have the ability to use other types of hearings, such as show cause hearings, to determine the same thing.) The decision as to whether or not a preliminary hearing will be held, however, is up to the discretion of the prosecuting attorney. Often, the prosecutor will choose to skip the preliminary hearing altogether. That said, in cases where the prosecutor believes it would be simpler to let the Grand Jury handle the matter, the preliminary hearing may be invoked. A guilty plea later on does not negate or render moot the preliminary hearing.
A preliminary hearing in a felony case consists of very limited testimony. According to Criminal Rule 4, the purpose of the preliminary hearing is simply to determine if "there is probable cause to believe that an offense has been committed and that the defendant committed it." In order to achieve this, though, the prosecution must be able to provide a witness to testify against the defendant. In some cases, the testimony of the victim may be enough to establish probable cause. However, if the victim is not available to testify at the preliminary hearing, other evidence may be used to establish probable cause.
Aside from the establishing probable cause, the prosecutor’s only job during the preliminary hearing is to determine title to a seized property – if any.
Pre-Trial & Plea Bargaining Process
A determining factor in how quickly the case proceeds is whether or not the defendant gets a plea bargain. A plea bargain is an agreement between the defendant and the prosecuting attorney whereby the defendant usually receives a reduced sentence and/or reduced charges. The defendant typically agrees to accept the plea bargain before discovering all of the evidence the state expects to present. A plea bargain can also involve plea for a governor’s pardon or parole board hearing. The general purpose of the plea bargain process is to encourage guilty pleas rather than to force the prosecuting attorney to prepare a case for a jury trial and follow through with the entire jury process.
In Ohio, there is no formal plea bargain process. Instead, it is the policy of the Court that a defendant shall not be obligated by a plea of guilty or no contest until the defendant and the prosecuting attorney have had the opportunity to engage in discussions on the defendant’s agreement to plead. This discussion on the plea bargain usually occurs in court before the plea is entered. If the court feels that the defendant understands the implications of the plea, the judge will allow the plea bargain to be finalized and entered into the record. There are numerous different pre-trial procedures in Ohio felony courts including discovery, motion hearings, and suppression hearings. The purpose of discovery is to ensure that the defense attorney obtains all the evidence that the state intends to present at trial. This may include police reports containing witness statements. It also allows the court to review the evidence and make rulings on any of the potential issues that could be raised at trial. After discovery is complete, the defense attorney files any motions that he/she feels necessary to preclude the state from presenting evidence at trial.
After discovery, a hearing is scheduled for the purpose of arguing motions filed by the defense. The court will review the evidence to evaluate any claimed probative value versus the prejudicial potential of the evidence. The court has discretion to grant or deny all or some of the motion. The court may prevent the defendant from testifying if the defendant chooses to do so. A typical suppression hearing would discuss whether one of the defendant’s constitutional rights was violated. For example, whether there was probable cause for law enforcement to perform a warrantless arrest. If the court finds that the defendant’s constitutional rights were violated, the evidence obtained in violation may be suppressed and that evidence may not be presented at trial. However, the court does not have the authority to prevent a witness from testifying on a specific matter based upon the mere fact that the witness testimony would be prejudicial to the defendant. A "change of plea" day is scheduled every few weeks in every Ohio felony court where those defendants wishing to enter a plea of guilty or no contest are summoned. This day is considered a move-it day because the movement officers take all of the defendants from their holding cells to the courtroom together. At that time, the court allows any of the defendants to enter a plea. Generally, abatement is a day of negotiations, settlement, concessions, or compromises when the state and the defendant agree to settle the case for some type of sentence other than incarceration or prison time.
The prosecutor and the defendant may negotiate to settle the case without going to trial. This process is known as plea bargain. The negotiations could involve an agreement to reduce the charge to a lesser included offense, the state may agree to drop some of the multiplicity of counts, or the state may ask the defendant for a statement designed to gain information concerning other offenses. Sometimes, the defendant may plead guilty or no contest to a count that falls within the state’s charging parameters since the state may be unsure of the strength of its case. The defendant may have various motives for pleading to a charge including but not limited to, the fact that the plea bargain may result in the dismissal of the remaining charges, or a shorter sentence. If the defendant is successful in plea bargaining, the prosecutor may reflect on the plea to the court for sentencing consideration. There are times when the defendant may be unsuccessful in plea bargaining and may want to try to plead "no contest." In a plea of no contest, the defendant essentially admits that defendant is not contesting the charges but does not admit any guilt nor does the defendant admit to any facts that would constitute guilt. In Ohio, all pleas are made in open court and in the presence of the defendant. The defendant knowingly and intelligently waives various rights such as the right to counsel in felony cases, the right to have an indictment returned by a grand jury, the rights to a speedy trial, to a jury trial, to appoint witnesses in the defendant’s behalf, and the right against compulsory self-incrimination. The defendant must have a factual basis for pleading guilty.
Trial Process in Ohio Felony Courts
The trial procedure for felony cases in Ohio is a detailed process that can become quite complex, but it essentially follows similar steps as trial procedures in other types of courts. Jury selection occurs first and is commonly referred to as "voir dire." If the individual charged with a felony offense decides on a jury, the next step involves opening statements. The next step involves presentation of evidence and testimonies from witnesses. Finally, closing arguments occur before the judge or jury decides the verdict.
Jury Selection
After charges are filed and certain motions have been heard, the Court will determine during a scheduling conference what date will be set for final pretrial and jury selection. You will be told if the Commonwealth is seeking the death penalty so that you and your attorney can begin to prepare for the possible sentence that you may face in a few months. After all pretrial matters are exhausted, your attorney will then ask for a final pretrial date. It is at the final pretrial where you will again discuss the options you have regarding plea negotiations with the Commonwealth and the likelihood you will face a death penalty if convicted. It is at this time that you will be asked to enter a guilty plea. Again, if you do not wish to enter such a plea, you advise your attorney, and the case will then proceed to trial.
Opening Statements
Opening statements start the trial process and take place after the judge and jury are sworn in and the defendant has pled not guilty to the charges. The prosecutor makes the first statement and recaps the evidence. He/she also explains why it was collected and how it relates to the case. The defense attorney speaks next and can either deny the allegations or acknowledge the facts of the case. The defense does not need to present a case or offer an explanation in the opening statement , but can use this time to reassert the presumption of innocence of the defendant. The prosecution’s case follows after these statements. The prosecution is the party bringing a criminal action-in this instance, the State of Ohio. The main job of the prosecutor is to present enough incriminating evidence to the jury of the petitioner’s alleged crime being connected to a constitutional violation. The defense’s case is presented next by your lawyer. Working towards presenting facts that show that your actions were in line with the law or to show how your actions did not constitute a criminal violation, your lawyer should demonstrate the next stage of the trial process. During this phase, your lawyer works to create a reasonable doubt in the jury’s mind as to whether you committed the crimes charged. If the witness testimony does not fill the gap of reasonable doubt for the prosecutor’s case, the judge will then call an end to the trial if the prosecution’s argument is weak and enough time has passed for the testimony to be heard. Closing statements conclude the case. The same person who made the first statement before trial began will present the evidence for the last time and call for a conclusion. This decision is not a point of the trial that allows for new discussion or arguments. It is simply a reiteration of the evidence already presented. The jury is then sent to deliberate the verdict if your are facing jury trial, or the judge will decide the verdict if are facing a bench trial. The decision for your case will be announced at a later time.
Post-Conviction & Sentencing Alternatives
Sentencing generally occurs 6-8 weeks after a felony conviction. While the judge presiding over the case issues the sentence, the range for the sentence largely is established by Ohio General Assembly based on guidelines set out in the Ohio Revised Code. For first-, second- and third-degree felonies, a judge may impose determinate sentences ranging up to 11 years, 15 years or 25 years, respectively. A judge may impose a term of life imprisonment for first-degree – and most second-degree – felonies.
A judge may impose a maximum term as follows: Most of these sentence ranges can be found in Ohio Revised Code (ORC) §2929.14. In many cases, the presentence investigation report, including victim impact statements provided at the sentencing hearing, will influence the judge’s decision.
Other important factors influencing a felony sentence: If no statutory minimum is required, a judge may impose a sentence of at least six months, which can be reduced by good time credit earned during incarceration. A judge may impose some felony sentences with parole or mandatory parole, which is conditional release from prison supervised by parole officers. In lieu of imprisonment, a judge may impose post-release control sanctions (i.e., parole) under certain conditions, including supervision by parole officers and possible imprisonment for violation of such conditions. Judges also may impose other sentences, including concurrent or consecutive sentences.
Generally, a defendant may appeal a guilty or no contest plea or a conviction based on an indictment. Also, a defendant may file a motion for leave of court to file an application to reopen, or a petition for post-conviction relief. Article IV, Section 3(B)(2) of the Ohio Constitution provides that the Supreme Court of Ohio has exclusive jurisdiction to review, reverse, modify, or affirm judgment or final orders of a court of appeals, and notice of appeal must be filed within 30 days of the order or judgment challenged.
In many cases, defendants in felony cases are able to appeal their convictions using Ohio’s rules of criminal procedure. The appeal process includes filing an appeal bond, preparing and filing an appellate brief, and making an oral argument before the court of appeals. Inmates, prisoners and other defendants appealing felony convictions must file their appeals within 30 days of final judgment, and must file their appeal bonds or other security.
Inmates and prisoners have two other ways to directly appeal a conviction: Probation Violations. Defendants can be held in contempt of court for violating terms and conditions of their probation. If a judge decides to impose a sentence based on a probation violation, he or she may consider other factors, such as whether the defendant showed remorse.
The Importance of Legal Representation
Effective representation in an Ohio felony case can make a significant difference in the outcome of your case. This need for strong representation is exacted from all accused persons, including those convicted of relatively minor non-violent offenses. There are several options for criminal representation in Ohio: Public Defender. In Ohio, a public defender is an attorney paid by the state to represent persons who cannot afford to hire a private attorney. A convicted public defender might have significant effect on your case.
Paid Attorney. An individual can hire an attorney of their choosing to defend them against criminal charges. Paid attorneys often come with a variety of billing options including: Regardless of whether the attorney is a public defender or a hired legal professional , criminal representation will be time consuming and expensive. It is important to remember, however, that all individuals found guilty of a crime possess certain rights at sentencing. These consist of the right to a hearing or a chance to speak on their own behalf before sentencing is issued, the right to contact the media and the right to an attorney upon request.
